Health and Social Care Act 2012
2012 c. 7
An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
PART 1The health service in England
The health service: overview
I236I4411Secretary of State's duty to promote comprehensive health service
For section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute—
1Secretary of State's duty to promote comprehensive health service
1
The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement—
a
in the physical and mental health of the people of England, and
b
in the prevention, diagnosis and treatment of physical and mental illness.
2
For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act.
3
The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service in England.
4
The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed.
I4422The Secretary of State's duty as to improvement in quality of services
After section 1 of the National Health Service Act 2006 insert—
1ADuty as to improvement in quality of services
1
The Secretary of State must exercise the functions of the Secretary of State in relation to the health service with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—
a
the prevention, diagnosis or treatment of illness, or
b
the protection or improvement of public health.
2
In discharging the duty under subsection (1) the Secretary of State must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
3
The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
a
the effectiveness of the services,
b
the safety of the services, and
c
the quality of the experience undergone by patients.
4
In discharging the duty under subsection (1), the Secretary of State must have regard to the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
I4433The Secretary of State's duty as to the NHS Constitution
After section 1A of the National Health Service Act 2006 insert—
1BDuty as to the NHS Constitution
1
In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution.
2
In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act).
I4444The Secretary of State's duty as to reducing inequalities
After section 1B of the National Health Service Act 2006 insert—
1CDuty as to reducing inequalities
In exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service.
F1225The Secretary of State's duty as to promoting autonomy
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4456The Secretary of State's duty as to research
After section 1D of the National Health Service Act 2006 insert—
1EDuty as to research
In exercising functions in relation to the health service, the Secretary of State must promote—
a
research on matters relevant to the health service, and
b
the use in the health service of evidence obtained from research.
I4467The Secretary of State's duty as to education and training
After section 1E of the National Health Service Act 2006 insert—
1FDuty as to education and training
1
The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment so as to secure that there is an effective system for the planning and delivery of education and training to persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England.
2
Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority).
3
In subsection (1), “relevant enactment” means—
a
section 63 of the Health Services and Public Health Act 1968,
b
this Act,
c
the Health and Social Care Act 2008,
d
the Health Act 2009, and
e
the Health and Social Care Act 2012.
I1108Secretary of State's duty as to reporting on and reviewing treatment of providers
After section 1F of the National Health Service Act 2006 insert—
1GSecretary of State's duty as to reporting on and reviewing treatment of providers
1
The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a report before Parliament on the treatment of NHS health care providers as respects any matter, including taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward available to them for doing so.
2
The report must include recommendations as to how any differences in the treatment of NHS health care providers identified in the report could be addressed.
3
The Secretary of State must keep under review the treatment of NHS health care providers as respects any such matter as is mentioned in subsection (1).
4
In this section—
a
“NHS health care providers” means persons providing or intending to provide health care services for the purposes of the NHS, and
b
“health care services for the purposes of the NHS” has the same meaning as in Part 3 of the Health and Social Care Act 2012.
I394I4479The NHS Commissioning Board
I2371
After section 1G of the National Health Service Act 2006 insert—
Role of the Board in the health service in England
1HThe National Health Service Commissioning Board and its general functions
1
There is to be a body corporate known as the National Health Service Commissioning Board (“the Board”).
2
The Board is subject to the duty under section 1(1) concurrently with the Secretary of State except in relation to the part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
3
For the purpose of discharging that duty, the Board—
a
has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act, and
b
must exercise the functions conferred on it by this Act in relation to clinical commissioning groups so as to secure that services are provided for those purposes in accordance with this Act.
4
Schedule A1 makes further provision about the Board.
5
In this Act—
a
any reference to the public health functions of the Secretary of State is a reference to the functions of the Secretary of State under sections 2A and 2B and paragraphs 7C, 8 and 12 of Schedule 1, and
b
any reference to the public health functions of local authorities is a reference to the functions of local authorities under sections 2B and 111 and paragraphs 1 to 7B and 13 of Schedule 1.
I2382
Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this Act.
I239I395I44810Clinical commissioning groups
After section 1H of the National Health Service Act 2006 insert—
Role of clinical commissioning groups in the health service in England
1IClinical commissioning groups and their general functions
1
There are to be bodies corporate known as clinical commissioning groups established in accordance with Chapter A2 of Part 2.
2
Each clinical commissioning group has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act.
Arrangements for provision of health services
I44911The Secretary of State's duty as to protection of public health
After section 2 of the National Health Service Act 2006 insert—
Provision for protection or improvement of public health
2ASecretary of State's duty as to protection of public health
1
The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of protecting the public in England from disease or other dangers to health.
2
The steps that may be taken under subsection (1) include—
a
the conduct of research or such other steps as the Secretary of State considers appropriate for advancing knowledge and understanding;
b
providing microbiological or other technical services (whether in laboratories or otherwise);
c
providing vaccination, immunisation or screening services;
d
providing other services or facilities for the prevention, diagnosis or treatment of illness;
e
providing training;
f
providing information and advice;
g
making available the services of any person or any facilities.
3
Subsection (4) applies in relation to any function under this section which relates to—
a
the protection of the public from ionising or non-ionising radiation, and
b
a matter in respect of which the Health and Safety Executive has a function.
4
In exercising the function, the Secretary of State must—
a
consult the Health and Safety Executive, and
b
have regard to its policies.
I45012Duties as to improvement of public health
After section 2A of the National Health Service Act 2006 insert—
2BFunctions of local authorities and Secretary of State as to improvement of public health
1
Each local authority must take such steps as it considers appropriate for improving the health of the people in its area.
2
The Secretary of State may take such steps as the Secretary of State considers appropriate for improving the health of the people of England.
3
The steps that may be taken under subsection (1) or (2) include—
a
providing information and advice;
b
providing services or facilities designed to promote healthy living (whether by helping individuals to address behaviour that is detrimental to health or in any other way);
c
providing services or facilities for the prevention, diagnosis or treatment of illness;
d
providing financial incentives to encourage individuals to adopt healthier lifestyles;
e
providing assistance (including financial assistance) to help individuals to minimise any risks to health arising from their accommodation or environment;
f
providing or participating in the provision of training for persons working or seeking to work in the field of health improvement;
g
making available the services of any person or any facilities.
4
The steps that may be taken under subsection (1) also include providing grants or loans (on such terms as the local authority considers appropriate).
5
In this section, “local authority” means—
a
a county council in England;
b
a district council in England, other than a council for a district in a county for which there is a county council;
c
a London borough council;
d
the Council of the Isles of Scilly;
e
the Common Council of the City of London.
I45113I1Duties of clinical commissioning groups as to commissioning certain health services
I3961
Section 3 of the National Health Service Act 2006 is amended as follows.
I3902
In subsection (1)—
a
for the words from the beginning to “reasonable requirements” substitute “A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility”, and
b
in each of paragraphs (d) and (e) for the words “as he considers” substitute “as the group considers”.
I3903
After that subsection insert—
1A
For the purposes of this section, a clinical commissioning group has responsibility for—
a
persons who are provided with primary medical services by a member of the group, and
b
persons who usually reside in the group's area and are not provided with primary medical services by a member of any clinical commissioning group.
1B
Regulations may provide that for the purposes of this section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or facility) for persons who—
a
were provided with primary medical services by a person who is or was a member of the group, or
b
have a prescribed connection with the group's area.
1C
The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the provision of services or facilities for emergency care, a clinical commissioning group has responsibility for every person present in its area.
1D
Regulations may provide that subsection (1A) does not apply—
a
in relation to persons of a prescribed description (which may include a description framed by reference to the primary medical services with which the persons are provided);
b
in prescribed circumstances.
1E
The duty in subsection (1) does not apply in relation to a service or facility if the Board has a duty to arrange for its provision.
I3904
After subsection (1E) insert—
1F
In exercising its functions under this section and section 3A, a clinical commissioning group must act consistently with—
a
the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a comprehensive health service), and
b
the objectives and requirements for the time being specified in the mandate published under section 13A.
I3905
Omit subsections (2) and (3).
6
For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning certain health services”.
7
For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health services”.
I3978
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before paragraph (za) insert—
zza
regulations under section 3(1D),
I398I45214Power of clinical commissioning groups as to commissioning certain health services
After section 3 of the National Health Service Act 2006 insert—
3APower of clinical commissioning groups to commission certain health services
1
Each clinical commissioning group may arrange for the provision of such services or facilities as it considers appropriate for the purposes of the health service that relate to securing improvement—
a
in the physical and mental health of the persons for whom it has responsibility, or
b
in the prevention, diagnosis and treatment of illness in those persons.
2
A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1) if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
3
Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the purposes of that section.
I39915I2Power to require Board to commission certain health services
After section 3A of the National Health Service Act 2006 insert—
3BSecretary of State's power to require Board to commission services
1
Regulations may require the Board to arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of—
a
dental services of a prescribed description;
b
services or facilities for members of the armed forces or their families;
c
services or facilities for persons who are detained in a prison or in other accommodation of a prescribed description;
d
such other services or facilities as may be prescribed.
2
A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for its provision as part of the health service.
3
In deciding whether it would be so appropriate, the Secretary of State must have regard to—
a
the number of individuals who require the provision of the service or facility;
b
the cost of providing the service or facility;
c
the number of persons able to provide the service or facility;
d
the financial implications for clinical commissioning groups if they were required to arrange for the provision of the service or facility.
4
Before deciding whether to make regulations under this section, the Secretary of State must—
a
obtain advice appropriate for that purpose, and
b
consult the Board.
5
The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
a
the regular forces within the meaning of the Armed Forces Act 2006, or
b
the reserve forces within the meaning of that Act.
I45316I3Secure psychiatric services
1
Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as follows.
2
In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must arrange for the provision of”.
3
In subsection (3)—
a
after “may be provided” insert
—
a
b
after paragraph (a) insert
, and
b
only by a person approved by the Secretary of State for the purposes of this subsection.
4
After subsection (3) insert—
3A
The Secretary of State may—
a
give directions to a person who provides high security psychiatric services about the provision by that person of those services;
b
give directions to the Board about the exercise of its functions in relation to high security psychiatric services.
17Other services etc. provided as part of the health service
I4241
In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and services under this Act” substitute “about the provision of services for the purposes of the health service in England”.
I4242
Schedule 1 to that Act is amended as follows.
I4243
In paragraph 1 (medical inspection of pupils)—
a
for “The Secretary of State” substitute “A local authority”, and
b
for “local authorities” substitute “the local authority”.
I4244
In paragraph 2—
a
in sub-paragraph (1)—
i
for “The Secretary of State” substitute “A local authority”, and
ii
omit “, by arrangement with any local authority,”,
b
in sub-paragraph (2)—
i
for “The Secretary of State” substitute “A local authority”,
ii
after “educational establishment” insert “in its area”, and
iii
for “a local authority” substitute “the local authority”, and
c
omit sub-paragraph (3).
I4245
In paragraph 4—
a
for “A local authority may not make an arrangement” substitute “A local authority may not provide for any medical inspection or treatment”, and
b
for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
I4246
In paragraph 5—
a
omit sub-paragraph (1)(a) and the word “and” immediately following it,
b
in sub-paragraph (2)—
i
omit “local authority or”,
ii
for “the Secretary of State” substitute “a local authority”, and
iii
for “him” substitute “it”.
I4247
In paragraph 7A (weighing and measuring of children)—
a
for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
b
in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
c
in sub-paragraph (2) —
i
after “any school” insert “in its area”, and
ii
for “a local authority” substitute “the local authority”.
I4248
In paragraph 7B (regulations as to weighing and measuring of children)—
a
in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
b
in sub-paragraph (1)(d)—
i
for “by the Secretary of State” substitute “by a local authority”, and
ii
after “paragraph 7A” insert “and of any other prescribed information relating to the children concerned”, and
c
in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under sub-paragraph (1)”.
I4249
After paragraph 7B insert—
7CSupply of blood and other human tissues
The Secretary of State must for the purposes of the health service make arrangements for—
a
collecting, screening, analysing, processing and supplying blood or other tissues,
b
preparing blood components and reagents, and
c
facilitating tissue and organ transplantation.
I400I45410
In paragraph 9 (provision of vehicles for disabled persons)—
a
the existing text becomes sub-paragraph (1),
b
in that sub-paragraph—
i
for “The Secretary of State may provide” substitute “A clinical commissioning group may make arrangements for the provision of”, and
ii
for “persons appearing to him to be persons who have a physical impairment” substitute “persons for whom the group has responsibility and who appear to it to have a physical impairment”, and
c
after that sub-paragraph insert—
2
Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply for the purposes of that section.
I42411
In paragraph 10—
a
in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
b
in sub-paragraph (2) —
i
for “The Secretary of State may” substitute “The clinical commissioning group may make arrangements for”,
ii
in paragraph (a) for “adapt” substitute “the adaptation of”,
iii
in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
iv
in paragraph (c) for “take out” substitute “the taking out of”,
v
in that paragraph for “pay” substitute “the payment of”,
vi
in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
vii
in that paragraph for “execute” substitute “the execution of”,
c
in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
d
in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
I42412
In paragraph 12 (provision of a microbiological service)—
a
in sub-paragraph (1)—
i
omit paragraph (a) and the word “and” immediately following it,
ii
in paragraph (b) omit “other”, and
iii
in that paragraph for “that service” substitute “a microbiological service provided under section 2A”, and
b
omit sub-paragraph (2).
I240I45413
For paragraph 13 and the cross-heading preceding it substitute—
13Powers in relation to research etc.
1
The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the conduct of research into—
a
any matters relating to the causation, prevention, diagnosis or treatment of illness, and
b
any such other matters connected with any service provided under this Act as the Secretary of State, the Board or the clinical commissioning group (as the case may be) considers appropriate.
2
A local authority may conduct, commission or assist the conduct of research for any purpose connected with the exercise of its functions in relation to the health service.
3
The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose connected with the exercise of its functions in relation to the health service—
a
obtain and analyse data or other information;
b
obtain advice from persons with appropriate professional expertise.
4
The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to do so by providing financial assistance or making the services of any person or other resources available.
5
In this paragraph, “local authority” has the same meaning as in section 2B.
I45518I4Regulations as to the exercise by local authorities of certain public health functions
1
After section 6B of the National Health Service Act 2006 insert—
Regulations as to the exercise of functions
6CRegulations as to the exercise by local authorities of certain public health functions
1
Regulations may require a local authority to exercise any of the public health functions of the Secretary of State (so far as relating to the health of the public in the authority's area) by taking such steps as may be prescribed.
2
Regulations may require a local authority to exercise its public health functions by taking such steps as may be prescribed.
3
Where regulations under subsection (1) require a local authority to exercise any of the public health functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any prescribed functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).
4
The making of regulations under subsection (1) does not prevent the Secretary of State from taking any step that a local authority is required to take under the regulations.
5
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a local authority of any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other person).
6
In this section, “local authority” has the same meaning as in section 2B.
2
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zza) insert—
zzb
regulations under section 6C(1) or (2),
I45619I5Regulations relating to EU obligations
After section 6C of the National Health Service Act 2006 insert—
6DRegulations relating to EU obligations
1
Regulations may require the Board or a clinical commissioning group to exercise a specified EU health function.
2
In subsection (1)—
a
“EU health function” means any function exercisable by the Secretary of State for the purpose of implementing EU obligations that concern, or are connected to, the health service, other than a function of making subordinate legislation (within the meaning of the Interpretation Act 1978), and
b
“specified” means specified in the regulations.
3
The Secretary of State may give directions to the Board or a clinical commissioning group about its exercise of any of its functions under regulations under subsection (1).
4
The making of regulations under subsection (1) does not prevent the Secretary of State from exercising the specified EU health function.
5
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by the Board or a clinical commissioning group of any of its functions under regulations under subsection (1) are enforceable by or against the Board or (as the case may be) the group (and no other person).
6
The Secretary of State may, for the purpose of securing compliance by the United Kingdom with EU obligations, give directions to the Board or a clinical commissioning group about the exercise of any of its functions.
I40120I6Regulations as to the exercise of functions by the Board or clinical commissioning groups
1
After section 6D of the National Health Service Act 2006 insert—
6ERegulations as to the exercise of functions by the Board or clinical commissioning groups
1
Regulations may impose requirements (to be known as “standing rules”) in accordance with this section on the Board or on clinical commissioning groups.
2
The regulations may, in relation to the commissioning functions of the Board or clinical commissioning groups, make provision—
a
requiring the Board or clinical commissioning groups to arrange for specified treatments or other specified services to be provided or to be provided in a specified manner or within a specified period;
b
as to the arrangements that the Board or clinical commissioning groups must make for the purpose of making decisions as to—
i
the treatments or other services that are to be provided;
ii
the manner in which or period within which specified treatments or other specified services are to be provided;
iii
the persons to whom specified treatments or other specified services are to be provided;
c
as to the arrangements that the Board or clinical commissioning groups must make for enabling persons to whom specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.
3
Regulations by virtue of paragraph (b) of subsection (2) may, in particular, make provision—
a
requiring the Board or a clinical commissioning group to take specified steps before making decisions as to the matters mentioned in that paragraph;
b
as to reviews of, or appeals from, such decisions.
4
The regulations may—
a
specify matters for which provision must be made in commissioning contracts entered into by the Board or clinical commissioning groups;
b
require the Board to draft terms and conditions making provision for those matters;
c
require the Board or clinical commissioning groups to incorporate the terms and conditions drafted by virtue of paragraph (b) in commissioning contracts entered into by the Board or (as the case may be) clinical commissioning groups.
5
The regulations must—
a
require the Board to draft such terms and conditions as the Board considers are, or might be, appropriate for inclusion in commissioning contracts entered into by the Board or clinical commissioning groups (other than terms and conditions that the Board is required to draft by virtue of subsection (4)(a));
b
authorise the Board to require clinical commissioning groups to incorporate terms and conditions prepared by virtue of paragraph (a) in their commissioning contracts;
c
authorise the Board to draft model commissioning contracts.
6
The regulations may require the Board to consult prescribed persons before exercising any of its functions by virtue of subsection (4)(b) or (5).
7
The regulations may require the Board or clinical commissioning groups in the exercise of any of its or their functions—
a
to provide information of a specified description to specified persons in a specified manner;
b
to act in a specified manner for the purpose of securing compliance with EU obligations;
c
to do such other things as the Secretary of State considers necessary for the purposes of the health service.
8
The regulations may not impose a requirement on only one clinical commissioning group.
9
If regulations under this section are made so as to come into force on a day other than 1 April, the Secretary of State must—
a
publish a statement explaining the reasons for making the regulations so as to come into force on such a day, and
b
lay the statement before Parliament.
10
In this section—
a
“commissioning contracts”, in relation to the Board or clinical commissioning groups, means contracts entered into by the Board or (as the case may be) clinical commissioning groups in the exercise of its or their commissioning functions;
b
“commissioning functions”, in relation to the Board or clinical commissioning groups, means the functions of the Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the health service;
c
“specified” means specified in the regulations.
2
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzb) insert—
zzc
regulations under section 6E, except where they do not include provision by virtue of subsection (7)(c) of that section,
I24121I7Functions of Special Health Authorities
1
Section 7 of the National Health Service Act 2006 (distribution of health service functions) is amended as follows.
2
For subsection (1) substitute—
1
The Secretary of State may direct a Special Health Authority to exercise any functions of the Secretary of State or any other person which relate to the health service in England and are specified in the direction.
1A
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
1B
Before exercising the power in subsection (1) in relation to a function of a person other than the Secretary of State, the Secretary of State must consult that person.
1C
Regulations may provide that a Special Health Authority specified in the regulations is to have such additional functions in relation to the health service in England as may be so specified.
3
Omit subsections (2) and (3).
4
For the heading to that section, and for the cross-heading preceding it, substitute “Functions of Special Health Authorities”.
5
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzc) insert—
zzd
regulations under section 7(1C),
6
In section 273 of that Act (further provision about orders and directions), in subsection (4)(b)—
a
before paragraph (i) insert—
zi
section 7 about a function of a person other than the Secretary of State,
b
in paragraph (i) after “a function” insert “of the Secretary of State”.
I242I45722Exercise of public health functions of the Secretary of State
After section 7 of the National Health Service Act 2006 insert—
Exercise of Secretary of State's public health functions
7AExercise of Secretary of State's public health functions
1
The Secretary of State may arrange for a body mentioned in subsection (2) to exercise any of the public health functions of the Secretary of State.
2
Those bodies are—
a
the Board;
b
a clinical commissioning group;
c
a local authority (within the meaning of section 2B).
3
The power conferred by subsection (1) includes power to arrange for such a body to exercise any functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).
4
Where the Secretary of State arranges (under subsection (1)) for the Board to exercise a function, the Board may arrange for a clinical commissioning group to exercise that function.
5
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person).
6
Powers under this section may be exercised on such terms as may be agreed, including terms as to payment.
Further provision about the Board
I243I402I45823I8The NHS Commissioning Board: further provision
1
In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert—
CHAPTER A1The National Health Service Commissioning Board
Secretary of State's mandate to the Board
13AMandate to Board
1
Before the start of each financial year, the Secretary of State must publish and lay before Parliament a document to be known as “the mandate”.
2
The Secretary of State must specify in the mandate—
a
the objectives that the Secretary of State considers the Board should seek to achieve in the exercise of its functions during that financial year and such subsequent financial years as the Secretary of State considers appropriate, and
b
any requirements that the Secretary of State considers it necessary to impose on the Board for the purpose of ensuring that it achieves those objectives.
3
The Secretary of State must also specify in the mandate the amounts that the Secretary of State has decided to specify in relation to the financial year for the purposes of section 223D(2) and (3) (limits on capital and revenue resource use).
4
The Secretary of State may specify in the mandate any proposals that the Secretary of State has as to the amounts that the Secretary of State will specify in relation to subsequent financial years for the purposes of section 223D(2) and (3).
5
The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess the Board's performance in relation to the first financial year to which the mandate relates.
6
The Secretary of State may not specify in the mandate an objective or requirement about the exercise of the Board's functions in relation to only one clinical commissioning group.
7
The Board must—
a
seek to achieve the objectives specified in the mandate, and
b
comply with any requirements so specified.
8
Before specifying any objectives or requirements in the mandate, the Secretary of State must consult—
a
the Board,
b
the Healthwatch England committee of the Care Quality Commission, and
c
such other persons as the Secretary of State considers appropriate.
9
Requirements included in the mandate have effect only if regulations so provide.
13BThe mandate: supplemental provision
1
The Secretary of State must keep the Board's performance in achieving any objectives or requirements specified in the mandate under review.
2
If the Secretary of State varies the amount specified for the purposes of section 223D(2) or (3), the Secretary of State must revise the mandate accordingly.
3
The Secretary of State may make any other revision to the mandate only if—
a
the Board agrees to the revision,
b
a parliamentary general election takes place, or
c
the Secretary of State considers that there are exceptional circumstances that make the revision necessary.
4
Revisions to the mandate which consist of adding, omitting or modifying requirements have effect only if regulations so provide.
5
If the Secretary of State revises the mandate, the Secretary of State must—
a
publish the mandate (as so revised), and
b
lay it before Parliament, together with an explanation of the reasons for making the revision.
General duties of the Board
13CDuty to promote NHS Constitution
1
The Board must, in the exercise of its functions—
a
act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
b
promote awareness of the NHS Constitution among patients, staff and members of the public.
2
In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
13DDuty as to effectiveness, efficiency etc.
The Board must exercise its functions effectively, efficiently and economically.
13EDuty as to improvement in quality of services
1
The Board must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—
a
the prevention, diagnosis or treatment of illness, or
b
the protection or improvement of public health.
2
In discharging its duty under subsection (1), the Board must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
3
The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
a
the effectiveness of the services,
b
the safety of the services, and
c
the quality of the experience undergone by patients.
4
In discharging its duty under subsection (1), the Board must have regard to—
a
any document published by the Secretary of State for the purposes of this section, and
b
the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
13FDuty as to promoting autonomy
1
In exercising its functions, the Board must have regard to the desirability of securing, so far as consistent with the interests of the health service—
a
that any other person exercising functions in relation to the health service or providing services for its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate, and
b
that unnecessary burdens are not imposed on any such person.
2
If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board must give priority to those duties.
13GDuty as to reducing inequalities
The Board must, in the exercise of its functions, have regard to the need to—
a
reduce inequalities between patients with respect to their ability to access health services, and
b
reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services.
13HDuty to promote involvement of each patient
The Board must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to—
a
the prevention or diagnosis of illness in the patients, or
b
their care or treatment.
13IDuty as to patient choice
The Board must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.
13JDuty to obtain appropriate advice
The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—
a
the prevention, diagnosis or treatment of illness, and
b
the protection or improvement of public health.
13KDuty to promote innovation
1
The Board must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).
2
The Board may make payments as prizes to promote innovation in the provision of health services.
3
A prize may relate to—
a
work at any stage of innovation (including research);
b
work done at any time (including work before the commencement of section 23 of the Health and Social Care Act 2012).
13LDuty in respect of research
The Board must, in the exercise of its functions, promote—
a
research on matters relevant to the health service, and
b
the use in the health service of evidence obtained from research.
13MDuty as to promoting education and training
The Board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
13NDuty as to promoting integration
1
The Board must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—
a
improve the quality of those services (including the outcomes that are achieved from their provision),
b
reduce inequalities between persons with respect to their ability to access those services, or
c
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
2
The Board must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would—
a
improve the quality of the health services (including the outcomes that are achieved from the provision of those services),
b
reduce inequalities between persons with respect to their ability to access those services, or
c
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
3
The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in pursuance of regulations under section 75 where it considers that this would secure—
a
that health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), or
b
that the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).
4
In this section—
“health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
“social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
13ODuty to have regard to impact on services in certain areas
1
In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with England.
2
In this section, “commissioning decisions”, in relation to the Board, means decisions about the carrying out of its functions in arranging for the provision of health services.
13PDuty as respects variation in provision of health services
The Board must not exercise its functions for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to—
a
whether the persons in question are in the public or (as the case may be) private sector, or
b
some other aspect of their status.
Public involvement
13QPublic involvement and consultation by the Board
1
This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by the Board in the exercise of its functions (“commissioning arrangements”).
2
The Board must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
a
in the planning of the commissioning arrangements by the Board,
b
in the development and consideration of proposals by the Board for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and
c
in decisions of the Board affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.
3
The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users.
Functions in relation to information
13RInformation on safety of services provided by the health service
1
The Board must establish and operate systems for collecting and analysing information relating to the safety of the services provided by the health service.
2
The Board must make information collected by virtue of subsection (1), and any other information obtained by analysing it, available to such persons as the Board considers appropriate.
3
The Board may impose charges, calculated on such basis as it considers appropriate, in respect of information made available by it under subsection (2).
4
The Board must give advice and guidance, to such persons as it considers appropriate, for the purpose of maintaining and improving the safety of the services provided by the health service.
5
The Board must monitor the effectiveness of the advice and guidance given by it under subsection (4).
6
A clinical commissioning group must have regard to any advice or guidance given to it under subsection (4).
7
The Board may arrange for any other person (including another NHS body) to exercise any of the Board's functions under this section.
8
Arrangements made under subsection (7) do not affect the liability of the Board for the exercise of any of its functions.
13SGuidance in relation to processing of information
1
The Board must publish guidance for registered persons on the practice to be followed by them in relation to the processing of—
a
patient information, and
b
any other information obtained or generated in the course of the provision of the health service.
2
Registered persons who carry on an activity which involves, or is connected with, the provision of health care must have regard to any guidance published under this section.
3
In this section, “patient information”, “processing” and “registered person” have the same meaning as in section 20A of the Health and Social Care Act 2008.
Business plan and report
13TBusiness plan
1
Before the start of each financial year, the Board must publish a business plan setting out how it proposes to exercise its functions in that year and each of the next two financial years.
2
The business plan must, in particular, explain how the Board proposes to discharge its duties under—
a
sections 13E, 13G and 13Q, and
b
sections 223C to 223E.
3
The business plan must, in particular, explain how the Board proposes to achieve the objectives, and comply with the requirements, specified in the mandate for the first financial year to which the plan relates.
4
The Board may revise the plan.
5
The Board must publish any revised plan.
13UAnnual report
1
As soon as practicable after the end of each financial year, the Board must publish an annual report on how it has exercised its functions during the year.
2
The annual report must, in particular, contain an assessment of—
a
the extent to which it met any objectives or requirements specified in the mandate for that year,
b
the extent to which it gave effect to the proposals for that year in its business plan, and
c
how effectively it discharged its duties under sections 13E, 13G and 13Q.
3
The Board must—
a
lay the annual report before Parliament, and
b
once it has done so, send a copy of it to the Secretary of State.
4
The Secretary of State must, having considered the annual report, set out in a letter to the Board the Secretary of State's assessment of the Board's performance of its functions in the financial year in question.
5
The letter must, in particular, contain the Secretary of State's assessment of the matters mentioned in subsection (2)(a) to (c).
6
The Secretary of State must—
a
publish the letter to the Board, and
b
lay it before Parliament.
Additional powers
13VEstablishment of pooled funds
1
The Board and one or more clinical commissioning groups may establish and maintain a pooled fund.
2
A pooled fund is a fund—
a
which is made up of contributions by the bodies which established it, and
b
out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the discharge of any of their commissioning functions.
3
In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.
13WBoard's power to generate income, etc.
1
The Board has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (provision of goods, services, etc.) for the purpose of making additional income available for improving the health service.
2
The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by the Board of its functions.
13XPower to make grants etc.
1
The Board may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the Board has functions.
2
The payments may be made subject to such terms and conditions as the Board considers appropriate.
13YBoard's incidental powers: further provision
The power conferred on the Board by section 2 includes, in particular, power to—
a
enter into agreements,
b
acquire and dispose of property, and
c
accept gifts (including property to be held on trust for the purposes of the Board).
Exercise of functions of Board
13ZExercise of functions
1
This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed provision of any other Act.
2
The Board may arrange for any such function to be exercised by or jointly with—
a
a Special Health Authority,
b
a clinical commissioning group, or
c
such other body as may be prescribed.
3
Regulations may provide that the power in subsection (2) does not apply in relation to a function of a prescribed description.
4
Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body, they may be exercised by a joint committee of the Board and the other body.
5
Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be agreed between the Board and the other party to the arrangements.
6
Arrangements made under this section do not affect the liability of the Board for the exercise of any of its functions.
Power to confer additional functions
13Z1Power to confer additional functions on the Board
1
Regulations may provide that the Board is to have such additional functions in relation to the health service as may be specified in the regulations.
2
A function may be specified in regulations under subsection (1) only if the function is connected to another function of the Board.
Intervention powers
13Z2Failure by the Board to discharge any of its functions
1
The Secretary of State may give a direction to the Board if the Secretary of State considers that—
a
the Board—
i
is failing or has failed to discharge any of its functions, or
ii
is failing or has failed properly to discharge any of its functions, and
b
the failure is significant.
2
A direction under subsection (1) may direct the Board to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
3
If the Board fails to comply with a direction under subsection (1), the Secretary of State may—
a
discharge the functions to which it relates, or
b
make arrangements for any other person to discharge them on the Secretary of State's behalf.
4
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
5
For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.
Disclosure of information
13Z3Permitted disclosures of information
1
The Board may disclose information obtained by it in the exercise of its functions if—
a
the information has previously been lawfully disclosed to the public,
b
the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),
c
the disclosure is made in accordance with any enactment or court order,
d
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
e
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
f
the disclosure is made for the purpose of facilitating the exercise of any of the Board's functions,
g
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
h
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
2
Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
Interpretation
13Z4Interpretation
1
In this Chapter—
“the health service” means the health service in England;
“health services” means services provided as part of the health service and, in sections 13O and 13Q, also includes services that are to be provided as part of the health service.
2
Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—
section 6E(7) and (10)(b),
section 13A(2),
section 13C(1),
section 13D,
section 13E(1),
section 13F,
section 13G,
section 13H,
section 13I,
section 13J,
section 13K(1),
section 13L,
section 13M,
section 13N(1) and (2),
section 13O(2),
section 13Q(1),
section 13T(1),
section 13U(1) and (4),
section 13W(2),
section 13X(1),
section 13Z2(1),
section 13Z3(1),
section 72(1),
section 75(1)(a) and (2),
section 82,
section 223C(2)(a),
in Schedule A1, paragraph 13.
3
Any reference (however expressed) in the following provisions of other Acts to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—
sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),
section 197(6) of the Health and Social Care Act 2012 (participation of the Board in work of Health and Wellbeing Boards),
section 199(4) of that Act (supply of information to Health and Wellbeing Boards),
section 290(1) and (2) of that Act (duties to co-operate),
section 291(2)(d) of that Act (breaches of duties to co-operate).
4
The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).
2
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (za) insert—
zb
regulations under section 13Z1,
I244I45924I9Financial arrangements for the Board
Before the cross-heading preceding section 224 of the National Health Service Act 2006 insert—
The Board
223BFunding of the Board
1
The Secretary of State must pay to the Board in respect of each financial year sums not exceeding the amount allotted for that year by the Secretary of State towards meeting the expenditure of the Board which is attributable to the performance by it of its functions in that year.
2
An amount is allotted to the Board for a financial year under this section when the Board is notified in writing by the Secretary of State that the amount is allotted to it for that year.
3
The Secretary of State may make a new allotment under this section increasing or reducing the allotment previously so made only if—
a
the Board agrees to the change,
b
a parliamentary general election takes place, or
c
the Secretary of State considers that there are exceptional circumstances that make a new allotment necessary.
4
The Secretary of State may give directions to the Board with respect to the payment of sums by it to the Secretary of State in respect of charges or other sums referable to the valuation or disposal of assets.
5
Sums falling to be paid to the Board under this section are payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.
223CFinancial duties of the Board: expenditure
1
The Board must ensure that total health expenditure in respect of each financial year does not exceed the aggregate of—
a
the amount allotted to the Board for that year under section 223B,
b
any sums received by the Board or clinical commissioning groups in that year under any provision of this Act (other than sums received by the Board under section 223B or by clinical commissioning groups under section 223G), and
c
any sums received by the Board or clinical commissioning groups in that year otherwise than under this Act for the purpose of enabling it or them to defray such expenditure.
2
In this section, “total health expenditure”, in relation to a financial year, means—
a
expenditure which is attributable to the performance by the Board of its functions in that year, other than sums paid by it under section 223G, and
b
expenditure which is attributable to the performance by clinical commissioning groups of their functions in that year.
3
The Secretary of State may by directions determine whether expenditure by the Board or a clinical commissioning group which is of a description specified in the directions must, or must not, be treated for the purposes of this section as part of total health expenditure.
4
The Secretary of State may by directions determine the extent to which, and the circumstances in which, sums received by the Board or a clinical commissioning group under section 223B or (as the case may be) 223G but not yet spent must be treated for the purposes of this section as part of total health expenditure, and to which financial year's expenditure they must be attributed.
5
The Secretary of State may by directions require the Board to use banking facilities specified in the directions for any purposes so specified.
223DFinancial duties of the Board: controls on total resource use
1
In this Chapter—
“total capital resource use”, in relation to a financial year, means the use of capital resources in that year by the Board and clinical commissioning groups (taken together);
“total revenue resource use”, in relation to a financial year, means the use of revenue resources in that year by the Board and clinical commissioning groups (taken together).
2
The Board must ensure that total capital resource use in a financial year does not exceed the amount specified by the Secretary of State.
3
The Board must ensure that total revenue resource use in a financial year does not exceed the amount specified by the Secretary of State.
4
The Secretary of State may give directions, in relation to a financial year, specifying descriptions of resources which must, or must not, be treated as capital resources or revenue resources for the purposes of this Chapter.
5
The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must not be taken into account for the purposes of this Chapter.
6
The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must be taken into account for the purposes of this section.
7
The amount specified for the purposes of subsection (2) or (3) may be varied only if—
a
the Board agrees to the change,
b
a parliamentary general election takes place, or
c
the Secretary of State considers that there are exceptional circumstances which make the variation necessary.
8
Any reference in this Chapter to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction in value.
223EFinancial duties of the Board: additional controls on resource use
1
The Secretary of State may direct the Board to ensure that total capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
2
The Secretary of State may direct the Board to ensure that total revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
3
The Secretary of State may direct the Board to ensure —
a
that total revenue resource use in a financial year which is attributable to such prescribed matters relating to administration as are specified in the direction does not exceed an amount so specified;
b
that the Board's use of revenue resources in a financial year which is attributable to such prescribed matters relating to administration as are specified in the direction does not exceed an amount so specified.
4
The Secretary of State may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of subsection (1) or (as the case may be) subsection (2) or (3).
5
The Secretary of State may not give a direction under subsection (1) or (2) unless the direction is for the purpose of complying with a limit imposed by the Treasury.
223FPower to establish contingency fund
1
The Board may use a proportion of the sums paid to it under section 223B to establish a contingency fund.
2
The Board may make a payment out of the fund where the payment is necessary in order to enable—
a
the Board to discharge any of its commissioning functions, or
b
a clinical commissioning group to discharge any of its functions.
3
The Board must publish guidance as to how it proposes to exercise its powers to make payments out of the contingency fund.
4
In this section, “commissioning functions” means functions in arranging for the provision of services as part of the health service.
Further provision about clinical commissioning groups
I46025I10Clinical commissioning groups: establishment etc.
I2451
After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
CHAPTER A2Clinical commissioning groups
Establishment of clinical commissioning groups
14AGeneral duties of Board in relation to clinical commissioning groups
1
The Board must exercise its functions under this Chapter so as to ensure that at any time after the day specified by order of the Secretary of State for the purposes of this section each provider of primary medical services is a member of a clinical commissioning group.
2
The Board must exercise its functions under this Chapter so as to ensure that at any time after the day so specified the areas specified in the constitutions of clinical commissioning groups—
a
together cover the whole of England, and
b
do not coincide or overlap.
3
For the purposes of this Chapter, “provider of primary medical services” means a person who is a party to an arrangement mentioned in subsection (4).
4
The arrangements mentioned in this subsection are—
a
a general medical services contract to provide primary medical services of a prescribed description,
b
arrangements under section 83(2) for the provision of primary medical services of a prescribed description,
c
section 92 arrangements for the provision of primary medical services of a prescribed description.
5
Where a person who is a provider of primary medical services is a party to more than one arrangement mentioned in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary medical services in respect of each of those arrangements.
6
Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical services (and the individuals are not to be so treated).
7
Where two or more individuals are parties to an arrangement mentioned in subsection (4) but are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a provider of primary medical services (and the individuals are not to be so treated).
14BApplications for the establishment of clinical commissioning groups
1
An application for the establishment of a clinical commissioning group may be made to the Board.
2
The application may be made by any two or more persons each of whom—
a
is or wishes to be a provider of primary medical services, and
b
wishes to be a member of the clinical commissioning group.
3
The application must be accompanied by—
a
a copy of the proposed constitution of the clinical commissioning group,
b
the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see paragraph 12 of Schedule 1A), and
c
such other information as the Board may specify in a document published for the purposes of this section.
4
At any time before the Board determines the application—
a
a person who is or wishes to be a provider of primary medical services (and wishes to be a member of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the existing applicants;
b
any of the applicants may withdraw.
5
At any time before the Board determines the application, the applicants may modify the proposed constitution with the agreement of the Board.
6
Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.
14CDetermination of applications
1
The Board must grant an application under section 14B if it is satisfied as to the following matters.
2
Those matters are—
a
that the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,
b
that each of the members specified in the constitution will be a provider of primary medical services on the date the clinical commissioning group is established,
c
that the area specified in the constitution is appropriate,
d
that it would be appropriate for the Board to appoint, as the accountable officer of the group, the person named by the group under section 14B(3)(b),
e
that the applicants have made appropriate arrangements to ensure that the clinical commissioning group will be able to discharge its functions,
f
that the applicants have made appropriate arrangements to ensure that the group will have a governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, and
g
such other matters as may be prescribed.
3
Regulations may make provision—
a
as to factors which the Board must or may take into account in deciding whether it is satisfied as to the matters mentioned in subsection (2);
b
as to the procedure for the making and determination of applications under section 14B.
14DEffect of grant of application
1
If the Board grants an application under section 14B—
a
a clinical commissioning group is established, and
b
the proposed constitution has effect as the clinical commissioning group's constitution.
2
Part 2 of Schedule 1A makes further provision about clinical commissioning groups.
Variation of constitution
14EApplications for variation of constitution
1
A clinical commissioning group may apply to the Board to vary its constitution (including doing so by varying its area or its list of members).
2
If the Board grants the application, the constitution of the clinical commissioning group has effect subject to the variation.
3
Regulations may make provision—
a
as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this section;
b
as to factors which the Board must or may take into account in determining whether to grant such applications;
c
as to the procedure for the making and determination of such applications.
14FVariation of constitution otherwise than on application
1
The Board may vary the area specified in the constitution of a clinical commissioning group.
2
The Board may—
a
add any person who is a provider of primary medical services to the list of members specified in the constitution of a clinical commissioning group;
b
remove any person from such a list.
3
The power conferred by subsection (1) or (2) is exercisable if—
a
the clinical commissioning group consents to the variation, or
b
the Board considers that the variation is necessary for the purpose of discharging any of its duties under section 14A.
4
Before varying the constitution of a clinical commissioning group under subsection (1) or (2), the Board must consult—
a
that group, and
b
any other clinical commissioning group that the Board thinks might be affected by the variation.
5
Regulations may—
a
confer powers on the Board to vary the constitution of a clinical commissioning group;
b
make provision as to the circumstances in which those powers are exercisable and the procedure to be followed before they are exercised.
Mergers, dissolution etc.
14GMergers
1
Two or more clinical commissioning groups may apply to the Board for—
a
those groups to be dissolved, and
b
another clinical commissioning group to be established under this section.
2
An application under this section must be accompanied by—
a
a copy of the proposed constitution of the clinical commissioning group,
b
the name of the person whom the group wishes the Board to appoint as its accountable officer, and
c
such other information as the Board may specify in a document published for the purposes of this section.
3
The applicants may, with the agreement of the Board, modify the application or the proposed constitution at any time before the Board determines the application.
4
Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an application under section 14B.
14HDissolution
1
A clinical commissioning group may apply to the Board for the group to be dissolved.
2
Regulations may make provision—
a
as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this section;
b
as to factors which the Board must or may take into account in determining whether to grant such applications;
c
as to the procedure for the making and determination of such applications.
Supplemental provision about applications, variation, mergers etc.
14ITransfers in connection with variation, merger, dissolution etc.
1
The Board may make a property transfer scheme or a staff transfer scheme in connection with—
a
the variation of the constitution of a clinical commissioning group under section 14E or 14F, or
b
the dissolution of a clinical commissioning group under section 14G or 14H.
2
A property transfer scheme is a scheme for the transfer from the clinical commissioning group of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to the Board or another clinical commissioning group.
3
A staff transfer scheme is a scheme for the transfer from the clinical commissioning group of any rights or liabilities under or in connection with a contract of employment to the Board or another clinical commissioning group.
4
Part 3 of Schedule 1A makes further provision about property transfer schemes and staff transfer schemes.
14JPublication of constitution of clinical commissioning groups
1
A clinical commissioning group must publish its constitution.
2
If the constitution of a clinical commissioning group is varied under section 14E or 14F, the group must publish the constitution as so varied.
14KGuidance about the establishment of clinical commissioning groups etc.
The Board may publish guidance as to—
a
the making of applications under section 14B for the establishment of a clinical commissioning group, including guidance on the form, content or publication of the proposed constitution;
b
the making of applications under section 14E, 14G or 14H;
c
the publication of the constitutions of clinical commissioning groups under section 14J.
Governing bodies of clinical commissioning groups
14LGoverning bodies of clinical commissioning groups
1
A clinical commissioning group must have a governing body.
2
The main function of the governing body is to ensure that the group has made appropriate arrangements for ensuring that it complies with—
a
its obligations under section 14Q, and
b
such generally accepted principles of good governance as are relevant to it.
3
The governing body also has—
a
the function of determining the remuneration, fees and allowances payable to the employees of the clinical commissioning group or to other persons providing services to it,
b
the function of determining the allowances payable under a pension scheme established under paragraph 11(4) of Schedule 1A, and
c
such other functions connected with the exercise of its main function as may be specified in the group's constitution or by regulations.
4
Only the following may be members of the governing body—
a
a member of the group who is an individual;
b
an individual appointed by virtue of regulations under section 14N(2);
c
an individual of a description specified in the constitution of the group.
5
Regulations may make provision requiring a clinical commissioning group to obtain the approval of its governing body before exercising any functions specified in the regulations.
6
Regulations may make provision requiring governing bodies of clinical commissioning groups to publish, in accordance with the regulations, prescribed information relating to determinations made under subsection (3)(a) or (b).
7
The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a) or (b).
14MAudit and remuneration committees of governing bodies
1
The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.
2
The audit committee has—
a
such functions in relation to the financial duties of the clinical commissioning group as the governing body considers appropriate for the purpose of assisting it in discharging its function under section 14L(2), and
b
such other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.
3
The remuneration committee has—
a
the function of making recommendations to the governing body as to the discharge of its functions under section 14L(3)(a) and (b), and
b
such other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.
14NRegulations as to governing bodies of clinical commissioning groups
1
Regulations may make provision specifying the minimum number of members of governing bodies of clinical commissioning groups.
2
Regulations may—
a
provide that the members of governing bodies must include the accountable officer of the clinical commissioning group;
b
provide that the members of governing bodies, or their audit or remuneration committees, must include—
i
individuals who are health care professionals of a prescribed description;
ii
individuals who are lay persons;
iii
individuals of any other description which is prescribed;
c
in relation to any description of individuals mentioned in regulations by virtue of paragraph (b), specify—
i
the minimum number of individuals of that description who must be appointed;
ii
the maximum number of such individuals who may be appointed;
d
provide that the descriptions specified for the purposes of section 14L(4)(c) may not include prescribed descriptions.
3
Regulations may make provision as to—
a
qualification and disqualification for membership of governing bodies or their audit or remuneration committees;
b
how members are to be appointed;
c
the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);
d
eligibility for re-appointment.
4
Regulations may make provision for the appointment of chairs and deputy chairs of governing bodies or their audit or remuneration committees, including provision as to—
a
qualification and disqualification for appointment;
b
tenure of office (including the circumstances in which the chair or deputy chair ceases to hold office or may be removed or suspended from office);
c
eligibility for re-appointment.
5
Regulations may—
a
make provision as to the matters which must be included in the constitutions of clinical commissioning groups under paragraph 8 of Schedule 1A;
b
make such other provision about the procedure of governing bodies or their audit or remuneration committees as the Secretary of State considers appropriate, including provision about the frequency of meetings.
6
In this section—
“health care professional” means an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
“lay person” means an individual who is not—
- a
a member of the clinical commissioning group,
- b
a health care professional, or
- c
an individual of a prescribed description.
Conflicts of interest
14ORegisters of interests and management of conflicts of interest
1
Each clinical commissioning group must maintain one or more registers of the interests of—
a
the members of the group,
b
the members of its governing body,
c
the members of its committees or sub-committees or of committees or sub-committees of its governing body, and
d
its employees.
2
Each clinical commissioning group must publish the registers maintained under subsection (1) or make arrangements to ensure that members of the public have access to the registers on request.
3
Each clinical commissioning group must make arrangements to ensure—
a
that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the person has in relation to a decision to be made in the exercise of the commissioning functions of the group,
b
that any such declaration is made as soon as practicable after the person becomes aware of the conflict or potential conflict and, in any event, within 28 days, and
c
that any such declaration is included in the registers maintained under subsection (1).
4
Each clinical commissioning group must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the group's decision-making processes.
5
The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this section.
6
Each clinical commissioning group must have regard to guidance published under subsection (5).
7
For the purposes of this section, the commissioning functions of a clinical commissioning group are the functions of the group in arranging for the provision of services as part of the health service.
I2462
After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
I247I403I42226I11Clinical commissioning groups: general duties etc.
After section 14O of the National Health Service Act 2006 insert—
General duties of clinical commissioning groups
14PDuty to promote NHS Constitution
1
Each clinical commissioning group must, in the exercise of its functions—
a
act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
b
promote awareness of the NHS Constitution among patients, staff and members of the public.
2
In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).
14QDuty as to effectiveness, efficiency etc.
Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
14RDuty as to improvement in quality of services
1
Each clinical commissioning group must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness.
2
In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
3
The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
a
the effectiveness of the services,
b
the safety of the services, and
c
the quality of the experience undergone by patients.
4
In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance published under section 14Z8.
14SDuty in relation to quality of primary medical services
Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as relating to securing continuous improvement in the quality of primary medical services.
14TDuties as to reducing inequalities
Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
a
reduce inequalities between patients with respect to their ability to access health services, and
b
reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services.
14UDuty to promote involvement of each patient
1
Each clinical commissioning group must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to—
a
the prevention or diagnosis of illness in the patients, or
b
their care or treatment.
2
The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this section.
3
A clinical commissioning group must have regard to any guidance published by the Board under subsection (2).
14VDuty as to patient choice
Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.
14WDuty to obtain appropriate advice
1
Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—
a
the prevention, diagnosis or treatment of illness, and
b
the protection or improvement of public health.
2
The Board may publish guidance for clinical commissioning groups on the discharge of their duties under subsection (1).
3
A clinical commissioning group must have regard to any guidance published by the Board under subsection (2).
14XDuty to promote innovation
Each clinical commissioning group must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).
14YDuty in respect of research
Each clinical commissioning group must, in the exercise of its functions, promote—
a
research on matters relevant to the health service, and
b
the use in the health service of evidence obtained from research.
14ZDuty as to promoting education and training
Each clinical commissioning group must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
14Z1Duty as to promoting integration
1
Each clinical commissioning group must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—
a
improve the quality of those services (including the outcomes that are achieved from their provision),
b
reduce inequalities between persons with respect to their ability to access those services, or
c
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
2
Each clinical commissioning group must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would—
a
improve the quality of the health services (including the outcomes that are achieved from the provision of those services),
b
reduce inequalities between persons with respect to their ability to access those services, or
c
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
3
In this section—
“health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
“social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
Public involvement
14Z2Public involvement and consultation by clinical commissioning groups
1
This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning arrangements”).
2
The clinical commissioning group must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
a
in the planning of the commissioning arrangements by the group,
b
in the development and consideration of proposals by the group for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and
c
in decisions of the group affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.
3
The clinical commissioning group must include in its constitution—
a
a description of the arrangements made by it under subsection (2), and
b
a statement of the principles which it will follow in implementing those arrangements.
4
The Board may publish guidance for clinical commissioning groups on the discharge of their functions under this section.
5
A clinical commissioning group must have regard to any guidance published by the Board under subsection (4).
6
The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users.
Arrangements with others
14Z3Arrangements by clinical commissioning groups in respect of the exercise of functions
1
Any two or more clinical commissioning groups may make arrangements under this section.
2
The arrangements may provide for—
a
one of the clinical commissioning groups to exercise any of the commissioning functions of another on its behalf, or
b
all the clinical commissioning groups to exercise any of their commissioning functions jointly.
3
For the purposes of the arrangements a clinical commissioning group may—
a
make payments to another clinical commissioning group, or
b
make the services of its employees or any other resources available to another clinical commissioning group.
4
For the purposes of the arrangements, all the clinical commissioning groups may establish and maintain a pooled fund.
5
A pooled fund is a fund—
a
which is made up of contributions by all the groups, and
b
out of which payments may be made towards expenditure incurred in the discharge of any of the commissioning functions in respect of which the arrangements are made.
6
Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions.
7
In this section, “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (including the function of making a request to the Board for the purposes of section 14Z9).
14Z4Joint exercise of functions with Local Health Boards
1
Regulations may provide for any prescribed functions of a clinical commissioning group to be exercised jointly with a Local Health Board.
2
Regulations may provide for any functions that are (by virtue of subsection (1)) exercisable jointly by a clinical commissioning group and a Local Health Board to be exercised by a joint committee of the group and the Local Health Board.
3
Arrangements made by virtue of this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions.
Additional powers of clinical commissioning groups
14Z5Raising additional income
1
A clinical commissioning group has power to do anything specified in section 7(2)(a), (b) and (e) to (h) of the Health and Medicines Act 1988 (provision of goods etc.) for the purpose of making additional income available for improving the health service.
2
A clinical commissioning group may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by the group of its functions.
14Z6Power to make grants
1
A clinical commissioning group may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the group has functions.
2
The payments may be made subject to such terms and conditions as the group considers appropriate.
Board's functions in relation to clinical commissioning groups
14Z7Responsibility for payments to providers
1
The Board may publish a document specifying—
a
circumstances in which a clinical commissioning group is liable to make a payment to a person in respect of services provided by that person in pursuance of arrangements made by another clinical commissioning group in the discharge of its commissioning functions, and
b
how the amount of any such payment is to be determined.
2
A clinical commissioning group is required to make payments in accordance with any document published under subsection (1).
3
Where a clinical commissioning group is required to make a payment by virtue of subsection (2), no other clinical commissioning group is liable to make it.
4
Accordingly, any obligation of another clinical commissioning group to make the payment ceases to have effect.
5
Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
6
The Board may publish guidance for clinical commissioning groups for the purpose of assisting them in understanding and applying any document published under subsection (1).
7
In this section and section 14Z8, “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service.
14Z8Guidance on commissioning by the Board
1
The Board must publish guidance for clinical commissioning groups on the discharge of their commissioning functions.
2
Each clinical commissioning group must have regard to guidance under this section.
3
The Board must consult the Healthwatch England committee of the Care Quality Commission—
a
before it first publishes guidance under this section, and
b
before it publishes any revised guidance containing changes that are, in the opinion of the Board, significant.
14Z9Exercise of functions by the Board
1
The Board may, at the request of a clinical commissioning group, exercise on behalf of the group—
a
any of its functions under section 3 or 3A which are specified in the request, and
b
any other functions of the group which are related to the exercise of those functions.
2
Regulations may provide that the power in subsection (1) does not apply in relation to functions of a prescribed description.
3
Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be agreed between the Board and the clinical commissioning group.
4
Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions.
14Z10Power of Board to provide assistance or support
1
The Board may provide assistance or support to a clinical commissioning group.
2
The assistance that may be provided includes—
a
financial assistance, and
b
making the services of the Board's employees or any other resources of the Board available to the clinical commissioning group.
3
Assistance or support provided under this section may be provided on such terms and conditions, including terms as to payment, as the Board considers appropriate.
4
The Board may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this section.
5
A clinical commissioning group must comply with any restrictions imposed under subsection (4).
Commissioning plans and reports
14Z11Commissioning plan
1
Before the start of each relevant period, a clinical commissioning group must prepare a plan setting out how it proposes to exercise its functions in that period.
2
In subsection (1), “relevant period”, in relation to a clinical commissioning group, means—
a
the period which —
i
begins on such day during the first financial year of the group as the Board may direct, and
ii
ends at the end of that financial year, and
b
each subsequent financial year.
3
The plan must, in particular, explain how the group proposes to discharge its duties under—
a
sections 14R, 14T and 14Z2, and
b
sections 223H to 223J.
4
The clinical commissioning group must publish the plan.
5
The clinical commissioning group must give a copy of the plan to the Board before the date specified by the Board in a direction.
6
The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board.
7
The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue of this section and sections 14Z12 and 14Z13.
8
A clinical commissioning group must have regard to any guidance published by the Board under subsection (7).
9
In this Chapter, “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the group.
14Z12Revision of commissioning plans
1
A clinical commissioning group may revise a plan published by it under section 14Z11.
2
If the clinical commissioning group revises the plan in a way which it considers to be significant—
a
the group must publish the revised plan, and
b
subsections (5) and (6) of section 14Z11 apply in relation to the revised plan as they apply in relation to the original plan.
3
If the clinical commissioning group revises the plan in any other way, the group must—
a
publish a document setting out the changes it has made to the plan, and
b
give a copy of the document to the Board and each relevant Health and Wellbeing Board.
14Z13Consultation about commissioning plans
1
This section applies where a clinical commissioning group is—
a
preparing a plan under section 14Z11, or
b
revising a plan under section 14Z12 in a way which it considers to be significant.
2
The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of section 3.
3
The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising the plan.
4
The clinical commissioning group must, in particular—
a
give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and
b
consult each such Board on whether the draft takes proper account of each joint health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates.
5
Where a Health and Wellbeing Board is consulted under subsection (4)(b), the Health and Wellbeing Board must give the clinical commissioning group its opinion on the matter mentioned in that subsection.
6
Where a Health and Wellbeing Board is consulted under subsection (4)(b)—
a
it may also give the Board its opinion on the matter mentioned in that subsection, and
b
if it does so, it must give the clinical commissioning group a copy of its opinion.
7
If a clinical commissioning group revises or further revises a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) to (6) apply in relation to the revised draft as they apply in relation to the original draft.
8
A clinical commissioning group must include in a plan published under section 14Z11(4) or 14Z12(2)—
a
a summary of the views expressed by individuals consulted under subsection (2),
b
an explanation of how the group took account of those views, and
c
a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4).
9
In this section, “joint health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by virtue of section 196 of the Health and Social Care Act 2012.
14Z14Opinion of Health and Wellbeing Boards on commissioning plans
1
A relevant Health and Wellbeing Board—
a
may give the Board its opinion on whether a plan published by a clinical commissioning group under section 14Z11(4) or 14Z12(2) takes proper account of each joint health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and
b
if it does so, must give the clinical commissioning group a copy of its opinion.
2
In this section, “joint health and wellbeing strategy” has the same meaning as in section 14Z13.
14Z15Reports by clinical commissioning groups
1
In each financial year other than its first financial year, a clinical commissioning group must prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
2
An annual report must, in particular—
a
explain how the clinical commissioning group has discharged its duties under sections 14R, 14T and 14Z2, and
b
review the extent to which the group has contributed to the delivery of any joint health and wellbeing strategy to which it was required to have regard under section 116B(1)(b) of the Local Government and Public Involvement in Health Act 2007.
3
In preparing the review required by subsection (2)(b), the clinical commissioning group must consult each relevant Health and Wellbeing Board.
4
The Board may give directions to clinical commissioning groups as to the form and content of an annual report.
5
A clinical commissioning group must give a copy of its annual report to the Board before the date specified by the Board in a direction.
6
A clinical commissioning group must—
a
publish its annual report, and
b
hold a meeting for the purpose of presenting the report to members of the public.
Performance assessment of clinical commissioning groups
14Z16Performance assessment of clinical commissioning groups
1
The Board must conduct a performance assessment of each clinical commissioning group in respect of each financial year.
2
A performance assessment is an assessment of how well the clinical commissioning group has discharged its functions during that year.
3
The assessment must, in particular, include an assessment of how well the group has discharged its duties under—
a
sections 14R, 14T, 14W and 14Z2,
b
sections 223H to 223J, and
c
section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies).
4
In conducting a performance assessment, the Board must consult each relevant Health and Wellbeing Board as to its views on the clinical commissioning group's contribution to the delivery of any joint health and wellbeing strategy to which the group was required to have regard under section 116B(1)(b) of that Act of 2007.
5
The Board must, in particular, have regard to—
a
any document published by the Secretary of State for the purposes of this section, and
b
any guidance published under section 14Z8.
6
The Board must publish a report in respect of each financial year containing a summary of the results of each performance assessment conducted by the Board in respect of that year.
Powers to require information etc.
14Z17Circumstances in which powers in sections 14Z18 and 14Z19 apply
1
Sections 14Z18 and 14Z19 apply where the Board has reason to believe—
a
that the area of a clinical commissioning group is no longer appropriate, or
b
that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its functions.
2
For the purposes of this section—
a
a failure to discharge a function includes a failure to discharge it properly, and
b
a failure to discharge a function properly includes a failure to discharge it consistently with what the Board considers to be the interests of the health service.
14Z18Power to require documents and information etc.
1
Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board any information, documents, records or other items that the Board considers it necessary or expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.
2
The persons mentioned in this subsection are—
a
the clinical commissioning group if it has possession or control of the item in question;
b
any member or employee of the group who has possession or control of the item in question.
3
A person must comply with a requirement imposed under subsection (1).
4
The power conferred by subsection (1) includes power to require that any information, documents or records kept by means of a computer be provided in legible form.
5
The power conferred by subsection (1) does not include power to require the provision of personal records.
6
In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984.
14Z19Power to require explanation
1
Where this section applies, the Board may require the clinical commissioning group to provide it with an explanation of any matter which relates to the exercise by the group of any of its functions, including an explanation of how the group is proposing to exercise any of its functions.
2
The Board may require the explanation to be given—
a
orally at such time and place as the Board may specify, or
b
in writing.
3
The clinical commissioning group must comply with a requirement imposed under subsection (1).
14Z20Use of information
Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
Intervention powers
14Z21Power to give directions, dissolve clinical commissioning groups etc.
1
This section applies if the Board is satisfied that—
a
a clinical commissioning group is failing or has failed to discharge any of its functions, or
b
there is a significant risk that a clinical commissioning group will fail to do so.
2
The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
3
The Board may direct—
a
the clinical commissioning group, or
b
the accountable officer of the group,
to cease to perform any functions for such period or periods as may be specified in the direction.
4
The Board may—
a
terminate the appointment of the clinical commissioning group's accountable officer, and
b
appoint another person to be its accountable officer.
5
Paragraph 12(4) of Schedule 1A does not apply to an appointment under subsection (4)(b).
6
The Board may vary the constitution of the clinical commissioning group, including doing so by—
a
varying its area,
b
adding any person who is a provider of primary medical services to the list of members, or
c
removing any person from that list.
7
The Board may dissolve the clinical commissioning group.
8
Where a direction is given under subsection (3) the Board may—
a
exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning group or (as the case may be) the accountable officer;
b
direct another clinical commissioning group or (as the case may be) the accountable officer of another clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the accountable officer, in such manner and within such period or periods as may be specified in the directions.
9
A clinical commissioning group to which a direction is given under subsection (3) must—
a
where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board, and
b
where a direction is given under subsection (8)(b) to another clinical commissioning group or to the accountable officer of another clinical commissioning group, co-operate with the other group or (as the case may be) the accountable officer.
10
Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning group to which it is proposing to give the direction.
11
Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property transfer scheme or a staff transfer scheme.
12
In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in section 14I.
13
Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme under section 14I(1).
14
For the purposes of this section—
a
a failure to discharge a function includes a failure to discharge it properly, and
b
a failure to discharge a function properly includes a failure to discharge it consistently with what the Board considers to be the interests of the health service.
Procedural requirements in connection with certain powers
14Z22Procedural requirements in connection with certain powers
1
Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must consult the following persons—
a
the clinical commissioning group,
b
relevant local authorities, and
c
any other persons the Board considers it appropriate to consult.
2
For that purpose, the Board must provide those persons with a statement—
a
explaining that it is proposing to exercise the power, and
b
giving its reasons for doing so.
3
After consulting those persons (and before exercising the power), the Board must publish a report containing its response to the consultation.
4
If the Board decides to exercise the power, the report must, in particular, explain its reasons for doing so.
5
Regulations may make provision as to the procedure to be followed by the Board before the exercise of the powers conferred by sections 14Z18, 14Z19 and 14Z21.
6
The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
7
For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with, or includes the whole or any part of, the area of the clinical commissioning group.
Disclosure of information
14Z23Permitted disclosures of information
1
A clinical commissioning group may disclose information obtained by it in the exercise of its functions if—
a
the information has previously been lawfully disclosed to the public,
b
the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),
c
the disclosure is made in accordance with any enactment or court order,
d
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
e
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,
f
the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group's functions,
g
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
h
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
2
Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
Interpretation
14Z24Interpretation
1
In this Chapter—
“financial year”, in relation to a clinical commissioning group, includes the period which begins on the day the group is established and ends on the following 31 March;
“the health service” means the health service in England;
“health services” means services provided as part of the health service and, in section 14Z2, also includes services that are to be provided as part of the health service;
“relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning given by section 14Z11(9).
2
Any reference (however expressed) in the following provisions of this Act to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—
section 6E(7) and (10)(b),
section 14C(2)(e),
section 14P,
section 14Q,
section 14T,
section 14U(1),
section 14V,
section 14W(1),
section 14X,
section 14Y,
section 14Z,
section 14Z1(1) and (2),
section 14Z2(1),
section 14Z4(1),
section 14Z5(2),
section 14Z6(1),
section 14Z7(7),
section 14Z11(1),
section 14Z15(1),
section 14Z16(2),
sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),
section 14Z23(1),
section 72(1),
section 75(1)(a) and (2),
section 77(1)(b),
section 82,
section 89(1A)(d),
section 94(3A)(d),
section 223C(2)(b),
section 223H(1),
in Schedule 1A, paragraphs 3(1) and (3), 6, 12(9)(b) and 16(3).
3
Any reference (however expressed) in the following provisions of other Acts to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—
sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),
section 199(4) of the Health and Social Care Act 2012 (supply of information to Health and Wellbeing Boards),
section 291(2)(d) of that Act (breaches of duties to co-operate),
in Schedule 6 to that Act, paragraph 8(4).
4
The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).
I248I46127I12Financial arrangements for clinical commissioning groups
After section 223F of the National Health Service Act 2006 insert—
Clinical commissioning groups
223GMeans of meeting expenditure of clinical commissioning groups out of public funds
1
The Board must pay in respect of each financial year to each clinical commissioning group sums not exceeding the amount allotted for that year by the Board to the group towards meeting the expenditure of the group which is attributable to the performance by it of its functions in that year.
2
In determining the amount to be allotted to a clinical commissioning group for any year, the Board may take into account—
a
the expenditure of the clinical commissioning group during any previous financial year, and
b
the amount that it proposes to hold, during the year to which the allotment relates, in any contingency fund established under section 223F.
3
An amount is allotted to a clinical commissioning group for a year under this section when the group is notified in writing by the Board that the amount is allotted to it for that year.
4
The Board may make a new allotment under this section increasing or reducing an allotment previously so made.
5
Where the Board allots an amount to a clinical commissioning group or makes a new allotment under subsection (4), it must notify the Secretary of State.
6
The Board may give directions to a clinical commissioning group with respect to—
a
the application of sums paid to it by virtue of a new allotment increasing an allotment previously so made, and
b
the payment of sums by it to the Board in respect of charges or other sums referable to the valuation or disposal of assets.
7
Sums falling to be paid to clinical commissioning groups under this section are payable subject to such conditions as to records, certificates or otherwise as the Board may determine.
8
In this section and sections 223H to 223K “financial year” includes the period which begins on the day the clinical commissioning group is established and ends on the following 31 March.
223HFinancial duties of clinical commissioning groups: expenditure
1
Each clinical commissioning group must, in respect of each financial year, perform its functions so as to ensure that its expenditure which is attributable to the performance by it of its functions in that year does not exceed the aggregate of—
a
the amount allotted to it for that year under section 223G,
b
any sums received by it in that year under any provision of this Act (other than sums received by it under section 223G), and
c
any sums received by it in that year otherwise than under this Act for the purpose of enabling it to defray such expenditure.
2
The Board may by directions determine—
a
whether specified sums must, or must not, be treated for the purposes of this section as received by a specified clinical commissioning group,
b
whether specified expenditure must, or must not, be treated for those purposes as expenditure within subsection (1) of a specified clinical commissioning group, or
c
the extent to which, and the circumstances in which, sums received by a clinical commissioning group under section 223G but not yet spent must be treated for the purposes of this section as part of the expenditure of the group, and to which financial year's expenditure they must be attributed.
3
The Secretary of State may by directions require a clinical commissioning group to use specified banking facilities for any specified purposes.
4
In this section, “specified” means specified in the directions.
223IFinancial duties of clinical commissioning groups: use of resources
1
For the purposes of this section and section 223J—
a
a clinical commissioning group's capital resource use, in relation to a financial year, means the group's use of capital resources in that year, and
b
a clinical commissioning group's revenue resource use, in relation to a financial year, means the group's use of revenue resources in that year.
2
A clinical commissioning group must ensure that its capital resource use in a financial year does not exceed the amount specified by direction of the Board.
3
A clinical commissioning group must ensure that its revenue resource use in a financial year does not exceed the amount specified by direction of the Board.
4
Any directions given in relation to a financial year under subsection (6) of section 223D apply (in relation to that year) for the purposes of this section as they apply for the purposes of that section.
5
The Board may by directions make provision for determining to which clinical commissioning group a use of capital resources or revenue resources is to be attributed for the purposes of this section or section 223J.
6
Where the Board gives a direction under subsection (2) or (3), it must notify the Secretary of State.
223JFinancial duties of clinical commissioning groups: additional controls on resource use
1
The Board may direct a clinical commissioning group to ensure that its capital resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
2
The Board may direct a clinical commissioning group to ensure that its revenue resource use in a financial year which is attributable to matters specified in the direction does not exceed an amount so specified.
3
The Board may direct a clinical commissioning group to ensure that its revenue resource use in a financial year which is attributable to prescribed matters relating to administration does not exceed an amount specified in the direction.
4
The Board may give directions, in relation to a financial year, specifying uses of capital resources or revenue resources which must, or must not, be taken into account for the purposes of subsection (1) or (as the case may be) subsection (2) or (3).
5
The Board may not exercise the power conferred by subsection (1) or (2) in relation to particular matters unless the Secretary of State has given a direction in relation to those matters under subsection (1) of section 223E or (as the case may be) subsection (2) of that section.
6
The Board may not exercise the power conferred by subsection (3) in relation to prescribed matters relating to administration unless the Secretary of State has given a direction in relation to those matters under subsection (3)(a) of section 223E.
223KPayments in respect of quality
1
The Board may, after the end of a financial year, make a payment to a clinical commissioning group.
2
For the purpose of determining whether to make a payment under subsection (1) and (if so) the amount of the payment, the Board must take into account at least one of the following factors—
a
the quality of relevant services provided during the financial year;
b
any improvement in the quality of relevant services provided during that year (in comparison to the quality of relevant services provided during previous financial years);
c
the outcomes identified during the financial year as having been achieved from the provision at any time of relevant services;
d
any improvement in the outcomes identified during that financial year as having been so achieved (in comparison to the outcomes identified during previous financial years as having been so achieved).
3
For that purpose, the Board may also take into account either or both of the following factors—
a
relevant inequalities identified during that year;
b
any reduction in relevant inequalities identified during that year (in comparison to relevant inequalities identified during previous financial years).
4
Regulations may make provision as to the principles or other matters that the Board must or may take into account in assessing any factor mentioned in subsection (2) or (3).
5
Regulations may provide that, in prescribed circumstances, the Board may, if it considers it appropriate to do so—
a
not make a payment that would otherwise be made to a clinical commissioning group under subsection (1), or
b
reduce the amount of such a payment.
6
Regulations may make provision as to how payments under subsection (1) may be spent (which may include provision as to circumstances in which the whole or part of any such payments may be distributed to members of the clinical commissioning group).
7
A clinical commissioning group must publish an explanation of how the group has spent any payment made to it under subsection (1).
8
In this section—
“relevant services” means services provided in pursuance of arrangements made by the clinical commissioning group—
- a
under section 3 or 3A or Schedule 1, or
- b
by virtue of section 7A;
“relevant inequalities” means inequalities between the persons for whose benefit relevant services are at any time provided with respect to—
- a
their ability to access the services, or
- b
the outcomes achieved for them by their provision.
I46228I13Requirement for primary medical services provider to belong to clinical commissioning group
1
In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms), after subsection (1) insert—
1A
Regulations under subsection (1) may, in particular, make provision—
a
for requiring a contractor who provides services of a prescribed description (a “relevant contractor”) to be a member of a clinical commissioning group;
b
as to arrangements for securing that a relevant contractor appoints one individual to act on its behalf in the dealings between it and the clinical commissioning group to which it belongs;
c
for imposing requirements with respect to those dealings on the individual appointed for the purposes of paragraph (b);
d
for requiring a relevant contractor, in doing anything pursuant to the contract, to act with a view to enabling the clinical commissioning group to which it belongs to discharge its functions (including its obligation to act in accordance with its constitution).
1B
Provision by virtue of subsection (1A)(a) may, in particular, describe services by reference to the manner or circumstances in which they are performed.
1C
In the case of a contract entered into by two or more individuals practising in partnership—
a
regulations making provision under subsection (1A)(a) may make provision for requiring each partner to secure that the partnership is a member of the clinical commissioning group;
b
regulations making provision under subsection (1A)(b) may make provision as to arrangements for securing that the partners make the appointment;
c
regulations making provision under subsection (1A)(d) may make provision for requiring each partner to act as mentioned there.
1D
Regulations making provision under subsection (1A) for the case of a contract entered into by two or more individuals practising in partnership may make provision as to the effect of a change in the membership of the partnership.
1E
The regulations may require an individual appointed for the purposes of subsection (1A)(b)—
a
to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, and
b
to meet such other conditions as may be prescribed.
2
In section 94 of that Act (regulations about arrangements under section 92 of that Act for provision of primary medical services), after subsection (3) insert—
3A
Regulations under subsection (3)(d) may—
a
require a person who provides services of a prescribed description in accordance with section 92 arrangements (a “relevant provider”) to be a member of a clinical commissioning group;
b
make provision as to arrangements for securing that a relevant provider appoints one individual to act on its behalf in dealings between it and the clinical commissioning group to which it belongs;
c
impose requirements with respect to those dealings on the individual appointed for the purposes of paragraph (b);
d
require a relevant provider, in doing anything pursuant to section 92 arrangements, to act with a view to enabling the clinical commissioning group to which it belongs to discharge its functions (including its obligation to act in accordance with its constitution).
3B
Provision by virtue of subsection (3A)(a) may, in particular, describe services by reference to the manner or circumstances in which they are performed.
3C
In the case of an agreement made with two or more persons—
a
regulations making provision under subsection (3A)(a) may require each person to secure that the persons collectively are a member of the clinical commissioning group;
b
regulations making provision under subsection (3A)(b) may make provision as to arrangements for securing that the persons collectively make the appointment;
c
regulations making provision under subsection (3A)(d) may require each person to act as mentioned there.
3D
Regulations making provision under subsection (3A) for the case of an agreement made with two or more persons may make provision as to the effect of a change in the composition of the group of persons involved.
3E
The regulations may require an individual appointed for the purposes of subsection (3A)(b)—
a
to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, and
b
to meet such other conditions as may be prescribed.
Further provision about local authorities' role in the health service
I46329Other health service functions of local authorities under the 2006 Act
1
The National Health Service Act 2006 (c. 41) is amended as follows.
2
In section 111 (dental public health)—
a
in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
b
in subsection (2)—
i
for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
ii
in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
c
after subsection (2) insert—
3
In this section, “local authority” has the same meaning as in section 2B.
3
In section 249 (joint working with the prison service) after subsection (4) insert—
4A
For the purposes of this section, each local authority (within the meaning of section 2B) is to be treated as an NHS body.
I46430I14Appointment of directors of public health
In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74 insert—
73AAppointment of directors of public health
1
Each local authority must, acting jointly with the Secretary of State, appoint an individual to have responsibility for —
a
the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
b
the exercise by the authority of its functions by virtue of section 6C(1) or (3),
c
anything done by the authority in pursuance of arrangements under section 7A,
d
the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies involving a risk to public health,
e
the functions of the authority under section 325 of the Criminal Justice Act 2003, and
f
such other functions relating to public health as may be prescribed.
2
The individual so appointed is to be an officer of the local authority and is to be known as its director of public health.
3
Subsection (4) applies if the Secretary of State—
a
considers that the director has failed or might have failed to discharge (or to discharge properly) the responsibilities of the director under—
i
subsection (1)(b), or
ii
subsection (1)(c) where the arrangements relate to the Secretary of State's functions under section 2A, and
b
has consulted the local authority.
4
The Secretary of State may direct the local authority to—
a
review how the director has discharged the responsibilities mentioned in subsection (3)(a);
b
investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
c
consider taking any steps specified in the direction;
d
report to the Secretary of State on the action it has taken in pursuance of a direction given under any of the preceding paragraphs.
5
A local authority may terminate the appointment of its director of public health.
6
Before terminating the appointment of its director of public health, a local authority must consult the Secretary of State.
7
A local authority must have regard to any guidance given by the Secretary of State in relation to its director of public health, including guidance as to appointment and termination of appointment, terms and conditions and management.
8
In this section, “local authority” has the same meaning as in section 2B.
I46531Exercise of public health functions of local authorities
In Part 3 of the National Health Service Act 2006 after section 73A insert—
73BExercise of public health functions of local authorities: further provision
1
A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any document published by the Secretary of State for the purposes of this section.
2
The functions mentioned in this subsection are—
a
the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
b
the exercise by the authority of its functions by virtue of section 6C(1) or (3),
c
anything done by the authority in pursuance of arrangements under section 7A,
d
the functions of the authority under section 325 of the Criminal Justice Act 2003, and
e
such other functions relating to public health as may be prescribed.
3
The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in subsection (2).
4
A document published under subsection (1), and guidance given under subsection (3), may include guidance as to the appointment of officers of the local authority to discharge any functions mentioned in subsection (2), and as to their terms and conditions, management and dismissal.
5
The director of public health for a local authority must prepare an annual report on the health of the people in the area of the local authority.
6
The local authority must publish the report.
7
In this section, “local authority” has the same meaning as in section 2B.
I46632I15Complaints about exercise of public health functions by local authorities
In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert—
73CComplaints about exercise of public health functions by local authorities
1
Regulations may make provision about the handling and consideration of complaints made under the regulations about —
a
the exercise by a local authority of any of its public health functions;
b
the exercise by a local authority of its functions by virtue of section 6C(1) or (3);
c
anything done by a local authority in pursuance of arrangements made under section 7A;
d
the exercise by a local authority of any of its other functions—
i
which relate to public health, and
ii
for which its director of public health has responsibility;
e
the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d).
2
The regulations may provide for a complaint to be considered by one or more of the following—
a
the local authority in respect of whose functions the complaint is made;
b
an independent panel established under the regulations;
c
any other person or body.
3
The regulations may provide for a complaint or any matter raised by a complaint—
a
to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part;
b
to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations.
4
Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974.
5
Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.
6
In this section, “local authority” has the same meaning as in section 2B.
Abolition of Strategic Health Authorities and Primary Care Trusts
I46733Abolition of Strategic Health Authorities
1
The Strategic Health Authorities continued in existence or established under section 13 of the National Health Service Act 2006 are abolished.
2
Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.
I46834Abolition of Primary Care Trusts
1
The Primary Care Trusts continued in existence or established under section 18 of the National Health Service Act 2006 are abolished.
2
Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.
Functions relating to fluoridation of water
35Fluoridation of water supplies
I4331
Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by the Water Act 2003, is amended as follows.
I4332
In section 87 (fluoridation of water supplies at request of relevant authorities), in subsection (3)(a) for sub-paragraph (i) substitute—
i
in relation to areas in England, are to the Secretary of State;
I4333
After subsection (3) of that section insert—
3A
The Secretary of State may make a request under subsection (1) only if the Secretary of State is required to do so by section 88G(2) (following the making of a fluoridation proposal in accordance with section 88B).
I4334
In subsection (4) of that section, for paragraph (a) substitute—
a
in relation to England, such area as the Secretary of State considers appropriate for the purpose of complying with section 88G(2);
I4335
After subsection (7) of that section insert—
7A
The Secretary of State must, in relation to the terms to be included in any arrangements under this section, consult any local authority whose area includes, coincides with or is wholly or partly within the specified area.
7B
In this section and the following provisions of this Chapter “local authority” means—
a
a county council in England;
b
a district council in England, other than a council for a district in a county for which there is a county council;
c
a London borough council;
d
the Common Council of the City of London.
6
After subsection (7B) of that section (as inserted by subsection (5) above) insert—
7C
If the Secretary of State and the Welsh Ministers request a particular water undertaker to enter into arrangements in respect of adjoining areas—
a
they must co-operate with each other so as to secure that the arrangements (taken together) are operable and efficient; and
b
if suitable terms are not agreed for all the arrangements, a combined reference may be made by them under section 87B below to enable the terms of each set of arrangements to be determined so that they are consistent.
7D
If the Secretary of State requests a water undertaker to vary arrangements for an area which adjoins an area in respect of which the Welsh Ministers have made arrangements with the same water undertaker, the Secretary of State must co-operate with the Welsh Ministers so as to secure that following the variation the arrangements (taken together) will be operable and efficient.
7E
If the Welsh Ministers request a water undertaker to vary arrangements for an area which adjoins an area in respect of which the Secretary of State has made arrangements with the same water undertaker, the Welsh Ministers must co-operate with the Secretary of State so as to secure that following the variation the arrangements (taken together) will be operable and efficient.
7F
If suitable terms are not agreed for a variation to which subsection (7D) or (7E) applies, a combined reference may be made by the Secretary of State and the Welsh Ministers under section 87B below so that (following the variation) both sets of arrangements are consistent.
I4337
Omit subsections (8) to (10) of that section.
I4338
In subsection (11) of that section for “a relevant authority” substitute “the Welsh Ministers”.
I4339
In section 87A (target concentration of fluoridation), after subsection (3) insert—
3A
If the Secretary of State proposes to—
a
make arrangements which provide for the concentration in the specified area (or any part of it) to be lower than the general target concentration, or
b
vary existing arrangements so that they so provide,
the Secretary of State shall consult any local authority whose area includes, coincides with or is wholly or partly within the specified area.
I43310
In section 87B (fluoridation arrangements: determination of terms), in subsection (2) —
a
for paragraph (a) substitute—
a
the Secretary of State may—
i
determine the terms of the arrangements as the Secretary of State sees fit; or
ii
refer the matter for determination by such other person as the Secretary of State considers appropriate; and”, and
b
omit paragraph (b).
I43311
In that section, in subsection (4) for the words from the beginning to “section 87(8)(b) or (10)” substitute “Where a combined reference is made under section 87(7C)(b) or 87(7F)”.
I43312
In section 87C (fluoridation arrangements: compliance), omit subsection (8).
I43313
In section 89—
a
in the heading, after “Consultation” insert “:Wales”,
b
in subsections (1) and (4) for “a relevant authority” substitute “the Welsh Ministers”,
c
in subsection (1) for “the appropriate authority” (in each place where it occurs) substitute “the Welsh Ministers”,
d
in subsection (3), in paragraph (a) for “relevant authorities” substitute “the Welsh Ministers”,
e
in subsection (4) for “the appropriate authority so directs” substitute “the Welsh Ministers so direct”, and
f
omit subsection (5).
I43314
In section 90A (review of fluoridation) after subsection (5) insert—
5A
The relevant authority must, in exercising its functions under subsection (1)—
a
consult any local authority affected by the arrangements at such times as the relevant authority considers appropriate, and
b
in particular, consult any such local authority before it publishes a report under paragraph (b) of that subsection.
I46936I16Procedural requirements in connection with fluoridation of water supplies
F395After section 88A of the Water Industry Act 1991 insert—
88BRequirement for fluoridation proposal: England
1
The Secretary of State may not request a water undertaker to enter into arrangements under section 87(1) unless a fluoridation proposal is made to the Secretary of State.
2
A fluoridation proposal is a proposal that the Secretary of State enter into arrangements with one or more water undertakers to increase the fluoride content of the water supplied by the undertaker or undertakers to premises within such area or areas in England as may be specified in the proposal.
3
A fluoridation proposal may be made by one or more local authorities in England.
4
A local authority may not make a fluoridation proposal unless its area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal.
5
In the following provisions of this Chapter, “proposer”, in relation to a fluoridation proposal, means the local authority or authorities which made the proposal.
6
Any reference in the following provisions of this Chapter to a local authority affected by a fluoridation proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal.
88CInitial consultationetc.on fluoridation proposal
1
This section applies if a fluoridation proposal is made.
2
The proposer must consult the Secretary of State as to whether the arrangements which would result from implementing the proposal would be operable and efficient.
3
The proposer must consult each water undertaker who supplies water to premises within the area or areas specified in the proposal as to whether the arrangements which would result from implementing the proposal, insofar as they might affect the undertaker, would be operable and efficient.
4
Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter mentioned in that subsection.
5
The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under subsection (3).
6
If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the arrangements would not be operable and efficient, no further steps may be taken in relation to the proposal.
88DAdditional requirements where other local authorities affected
1
This section applies where—
a
a fluoridation proposal is made,
b
the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient,
c
one or more local authorities other than the proposer are affected by the proposal, and
d
the proposer wishes to take further steps in relation to the proposal.
2
The proposer must notify any other local authority which is affected by the proposal.
3
The proposer must make arrangements for enabling the authorities affected by the proposal to decide whether further steps should be taken in relation to the proposal.
4
The Secretary of State must by regulations—
a
make provision as to the arrangements which must be made for the purposes of subsection (3), and
b
prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied before any further steps may be taken in relation to the proposal.
88EDecision on fluoridation proposal
1
This section applies where—
a
a fluoridation proposal is made,
b
the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient,
c
in a case where section 88D applies, the conditions prescribed under subsection (4)(b) of that section are satisfied, and
d
the proposer wishes to take further steps in relation to the proposal.
2
The proposer must comply with such requirements as may be prescribed in regulations made by the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation to the proposal.
3
The proposer may (after any requirements imposed by regulations under subsection (2) have been complied with) modify the proposal.
4
But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to add another area, except in circumstances prescribed in regulations by the Secretary of State.
5
The proposer must (after any requirements imposed by regulations under subsection (2) have been complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are necessary to implement the proposal.
6
The Secretary of State may by regulations make provision—
a
as to factors which the proposer must or may take into account in making the decision mentioned in subsection (5);
b
as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2) or (5).
88FDecision-making procedure: exercise of functions by committee
1
This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5) (“the fluoridation functions”) except where the proposer is a single local authority and either—
a
no other local authorities are affected by the proposal, or
b
no other local authority which is affected by the proposal informs the proposer that it wishes to participate in the exercise of the fluoridation functions.
2
The local authorities affected by the proposal must—
a
arrange for an existing joint committee of the authorities to exercise the fluoridation functions,
b
establish a joint committee of the authorities for that purpose, or
c
arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and Social Care Act 2012 to exercise the fluoridation functions.
3
Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint sub-committee of the Boards to exercise the fluoridation functions.
4
The Secretary of State may by regulations make provision—
a
for subsection (2)(a) to apply only in relation to a joint committee which meets prescribed conditions as to its membership;
b
as to the membership of a joint committee established under subsection (2)(b) (including provision as to qualification and disqualification for membership and the holding and vacating of office as a member);
c
as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with subsection (3);
d
as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and Wellbeing Boards, in exercising the fluoridation functions.
88GSecretary of State's duty in relation to fluoridation proposal
1
This section applies if the Secretary of State is requested to make such requests under section 87(1) as are necessary to implement a fluoridation proposal.
2
The Secretary of State must comply with the request if the Secretary of State is satisfied that the requirements imposed by sections 88B to 88F have been met in relation to the proposal.
3
Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88C(2) or (3), 88D(4) or 88E(2).
88HPayments by local authorities towards fluoridation costs
1
This section applies where a water undertaker enters into arrangements with the Secretary of State under section 87(1).
2
The Secretary of State may require all local authorities affected by the arrangements to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.
3
The amount to be paid by each of the affected local authorities is to be determined—
a
where a joint committee, or a joint sub-committee of Health and Wellbeing Boards, has exercised the fluoridation functions of the authorities in relation to the proposal which resulted in the arrangements being made and the committee or sub-committee continues to exist at the time when the Secretary of State exercises the power conferred by subsection (2), by that committee or sub-committee;
b
in any other case, by agreement between the local authorities.
4
If the amount to be paid by the affected local authorities is not determined as mentioned in subsection (3), the Secretary of State may—
a
determine the amount to be paid, or
b
refer the matter for determination by such other person as the Secretary of State considers appropriate.
5
The amount determined in accordance with subsection (3) may, at the request of one or more of the affected local authorities, be varied with the agreement of all of them.
6
If the affected local authorities fail to reach agreement for the purposes of subsection (5), the Secretary of State may—
a
determine whether to vary the amount (and, if so, how), or
b
refer the matter for determination by such other person as the Secretary of State considers appropriate.
7
Any reference in this section to a local authority affected by arrangements under section 87(1) is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements.
88IVariation or termination of arrangements under section 87(1)
1
The Secretary of State may not request a water undertaker to vary arrangements entered into by the water undertaker under section 87(1) unless a proposal (“a variation proposal”) is made to the Secretary of State for a variation in the arrangements.
2
The Secretary of State may not give notice to a water undertaker under section 87C(7) to terminate arrangements entered into by the water undertaker under section 87(1) unless a proposal (“a termination proposal”) is made to the Secretary of State for the termination of the arrangements.
3
Subsection (1) does not apply in relation to a variation to provide for the concentration of fluoride in the area specified in the arrangements (or any part of it) to be lower than the general target concentration.
4
The Secretary of State may by regulations provide that subsection (1) or (2) does not apply in prescribed circumstances.
5
A variation or termination proposal may be made by one or more of the local authorities affected by the arrangements.
6
The Secretary of State may by regulations provide that, where a termination proposal is made in relation to arrangements under section 87(1), no further termination proposal may be made in relation to the arrangements until the end of such period as may be specified in the regulations.
7
In the following provisions of this Chapter, “proposer”, in relation to a variation or termination proposal, means the local authority or authorities which made the proposal.
8
Any reference in this section and in the following provisions of this Chapter to a local authority affected by a variation or termination proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements.
9
In relation to a proposal for the variation of the area specified in arrangements under section 87(1), any reference in this section and in the following provisions of this Chapter to a local authority affected by the proposal also includes a reference to a local authority whose area would include, coincide with or be wholly or partly within the area specified in the arrangements if the variation were made.
88JInitial consultationetc.on variation or termination proposal
1
This section applies if a variation or termination proposal is made.
2
In the case of a variation proposal, the proposer must consult the Secretary of State and the water undertaker who entered into the arrangements as to whether the arrangements as varied in accordance with the proposal would be operable and efficient.
3
In the case of a termination proposal, the proposer must consult the Secretary of State and the water undertaker who entered into the arrangements as to whether it would be reasonably practicable to terminate the arrangements.
4
Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter mentioned in that subsection.
5
The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under subsection (2) or (3).
6
If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the arrangements as varied would not be operable and efficient or (as the case may be) that it would not be reasonably practicable to terminate the arrangements, no further steps may be taken in relation to the proposal.
88KAdditional requirements where other local authorities affected
1
This section applies where—
a
a variation or termination proposal is made,
b
the Secretary of State is of the opinion that the arrangements as varied would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the arrangements,
c
one or more local authorities other than the proposer are affected by the proposal, and
d
the proposer wishes to take further steps in relation to the proposal.
2
The proposer must notify any other local authority which is affected by the proposal.
3
The proposer must make arrangements for enabling the authorities affected by the proposal to decide whether further steps should be taken in relation to the proposal.
4
The duty in subsection (3) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing.
5
The Secretary of State may by regulations provide that the duty in subsection (3) does not apply in prescribed circumstances.
6
The Secretary of State must by regulations—
a
make provision as to the arrangements which must be made for the purposes of subsection (3), and
b
prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied before any further steps may be taken in relation to the proposal.
88LDecision on variation or termination proposal
1
This section applies where—
a
a variation or termination proposal is made,
b
the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the arrangements,
c
in a case where the duty in section 88K(3) applies, the conditions prescribed under subsection (6)(b) of that section are satisfied, and
d
the proposer wishes to take further steps in relation to the proposal.
2
The proposer must comply with such requirements as may be prescribed in regulations made by the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation to the proposal.
3
The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing.
4
The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in prescribed circumstances.
5
The proposer of a variation proposal may (after any requirements imposed by regulations under subsection (2) have been complied with) modify the proposal.
6
But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a further extension of it.
7
The proposer must (after any requirements imposed by regulations under subsection (2) have been complied with) decide whether to request the Secretary of State to request the water undertaker to vary the arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the arrangements.
8
The Secretary of State may by regulations may make provision—
a
as to factors which the proposer must or may take into account in making the decision mentioned in subsection (7);
b
as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2) or (7).
88MDecision-making procedure: exercise of functions by committee
1
This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7) (“the relevant functions”) except where the proposer is a single local authority and either—
a
no other local authorities are affected by the proposal, or
b
no other local authority which is affected by the proposal informs the proposer that it wishes to participate in the exercise of the functions.
2
The local authorities affected by the proposal must—
a
arrange for an existing joint committee of the authorities to exercise the relevant functions,
b
establish a joint committee of the authorities for that purpose, or
c
arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and Social Care Act 2012 to exercise the relevant functions.
3
The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing.
4
The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in prescribed circumstances.
5
Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint sub-committee of the Boards to exercise the relevant functions.
6
The Secretary of State may by regulations make provision—
a
for subsection (2)(a) to apply only in relation to a joint committee which meets prescribed conditions as to its membership;
b
as to the membership of a joint committee established under subsection (2)(b) (including provision as to qualification and disqualification for membership and the holding and vacating of office as a member);
c
as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with subsection (5);
d
as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and Wellbeing Boards, in exercising the relevant functions.
88NSecretary of State's duty in relation to requests for variation or termination
1
This section applies if (following the making of a variation or termination proposal) the Secretary of State is requested—
a
to request a variation of arrangements entered into under section 87(1), or
b
(as the case may be) to give notice under section 87C(7) to a water undertaker to terminate such arrangements.
2
The Secretary of State must comply with the request if satisfied that the requirements imposed by sections 88I to 88M have been met in relation to the proposal.
3
Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88J(2) or (3), 88K(6) or 88L(2).
88OPower to make regulations as to maintenance of section 87 arrangements
1
The Secretary of State may by regulations prescribe circumstances in which arrangements must be made in accordance with the regulations—
a
for consulting and ascertaining opinion on whether arrangements under section 87(1) (“section 87(1) arrangements”) should be maintained, and
b
for enabling authorities affected by section 87(1) arrangements to decide whether to propose to the Secretary of State that they be maintained.
2
The regulations must make provision requiring the Secretary of State to give notice under section 87C(7) to a water undertaker to terminate section 87(1) arrangements entered into by the undertaker if—
a
the outcome of arrangements made by virtue of subsection (1)(b) is that the affected authorities decide not to propose that the section 87(1) arrangements be maintained, and
b
the Secretary of State is satisfied that any requirements imposed by regulations under subsection (1), as to the arrangements to be made for the purposes mentioned in that subsection, have been met.
3
Subsection (2)(b) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed by regulations made under subsection (1).
4
The provision that may be made by regulations under subsection (1) (as to the arrangements to be made for the purposes mentioned in that subsection) includes provision corresponding, or similar, to any requirements imposed by or under sections 88K to 88M.
I47037Fluoridation of water supplies: transitional provision
F3961
In relation to any time on or after the commencement of section 35, any relevant arrangements which have effect immediately before its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1) of that Act.
2
In subsection (1) “relevant arrangements” means—
a
any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991, and
b
any arrangements which are treated as arrangements falling within paragraph (a) by virtue of section 91 of that Act (as it had effect immediately before the commencement of this section).
3
In its application to arrangements which are treated by virtue of subsection (1) as arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as if for subsection (3) there were substituted—
3
The amount to be paid by each of the affected local authorities is to be determined by agreement between the local authorities.
4
Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of that Act.
Functions relating to mental health matters
I47138Approval functions
1
After section 12 of the Mental Health Act 1983 insert—
12ZAAgreement for exercise of approval function: England
1
The Secretary of State may enter into an agreement with another person for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
a
with that other person, and
b
if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement.
2
In this section and sections 12ZB and 12ZC, “approval function” means—
a
the function under section 12(2), or
b
the function of approving persons as approved clinicians.
3
An agreement under this section may, in particular, provide for an approval function to be exercisable by the other party—
a
in all circumstances or only in specified circumstances;
b
in all areas or only in specified areas.
4
An agreement under this section may provide for an approval function to be exercisable by the other party—
a
for a period specified in the agreement, or
b
for a period determined in accordance with the agreement.
5
The other party to an agreement under this section must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.
6
An instruction under subsection (5) may require the other party to cease to exercise the function to such extent as the instruction specifies.
7
The agreement may provide for the Secretary of State to pay compensation to the other party in the event of an instruction such as is mentioned in subsection (6) being given.
8
An instruction under subsection (5) may be given in such form as the Secretary of State may determine.
9
The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may determine; but that does not apply to an instruction such as is mentioned in subsection (6).
10
An agreement under this section may provide for the Secretary of State to make payments to the other party; and the Secretary of State may make payments to other persons in connection with the exercise of an approval function by virtue of this section.
12ZBRequirement to exercise approval functions: England
1
The Secretary of State may impose a requirement on the National Health Service Commissioning Board (“the Board”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—
a
with the Board or (as the case may be) Special Health Authority, and
b
if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement.
2
The Secretary of State may, in particular, require the body concerned to exercise an approval function—
a
in all circumstances or only in specified circumstances;
b
in all areas or only in specified areas.
3
The Secretary of State may require the body concerned to exercise an approval function—
a
for a period specified in the requirement, or
b
for a period determined in accordance with the requirement.
4
Where a requirement under subsection (1) is imposed, the Board or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.
5
An instruction under subsection (4) may be given in such form as the Secretary of State may determine.
6
The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine.
7
Where the Board or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act.
8
The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section.
12ZCProvision of information for the purposes of section 12ZA or 12ZB
1
A relevant person may provide another person with such information as the relevant person considers necessary or appropriate for or in connection with—
a
the exercise of an approval function; or
b
the exercise by the Secretary of State of the power—
i
to enter into an agreement under section 12ZA;
ii
to impose a requirement under section 12ZB; or
iii
to give an instruction under section 12ZA(5) or 12ZB(4).
2
The relevant persons are—
a
the Secretary of State;
b
a person who is a party to an agreement under section 12ZA; or
c
if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
3
This section, in so far as it authorises the provision of information by one relevant person to another relevant person, has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the provision.
4
In this section, “information” includes documents and records.
2
In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.
3
In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions”.
4
In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
5
In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB of that Act,”—
a
in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the definition of “duly approved”,
b
in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
c
in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation), in the definition of “duly approved”,
F74d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
f
in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
I11239Discharge of patients
1
In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
2
In section 24 of that Act (visiting and examination of patients), omit subsections (3) and (4).
3
In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to hospital and guardianship orders)—
a
in Part 1, in paragraph 1, omit “24(3) and (4),”, and
b
in Part 2, in paragraph 1, omit “24(3) and (4),”.
4
In consequence of the repeals made by this section—
a
in the National Health Service and Community Care Act 1990, in Schedule 9—
i
omit paragraph 24(3)(a) and the “and” following it, and
ii
omit paragraph 24(4),
b
in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
c
in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
d
in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a) and 54,
e
in the Domestic Violence, Crime and Victims Act 2004—
i
omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
ii
in section 37A(7)(a), omit “, (5)”, and
iii
in section 43A(7), omit “, (5)”, and
f
in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
I47240I17After-care
I3911
Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
I3912
In subsection (2)—
a
after “duty of the” insert “clinical commissioning group or”,
b
omit “Primary Care Trust or” in each place it appears, and
c
after “such time as the” insert “clinical commissioning group or”.
I3913
After subsection (2C) insert—
2D
Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”.
2E
The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board.
2F
Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
2G
Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.
I3914
In subsection (3)—
a
after “section “the” insert “clinical commissioning group or”,
b
omit “Primary Care trust or” in each place it appears, and
c
after “means the”, in the first place it appears, insert “clinical commissioning group or”.
5
In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert—
5
In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)—
a
in section 223K(8), paragraph (a) of the definition of “relevant services”,
b
in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”,
c
in section 252A(10), the definition of “service arrangements”,
d
section 253(1A)(d)(ii).
6
In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
7
In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
I3918
In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
I47341Provision of pocket money for in-patients
1
Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows.
2
In subsection (1)—
a
for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
b
for “he thinks fit” substitute “the Welsh Ministers think fit”,
c
for “their” substitute “those persons'”,
d
for “him” substitute “the Welsh Ministers”, and
e
for “they” substitute “those persons”.
3
In subsection (2)—
a
omit “the National Health Service Act 2006 and”, and
b
for “either of those Acts” substitute “that Act”.
4
In section 146 of that Act (application to Scotland), omit “122,”.
I11342Transfers to and from special hospitals
1
Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
2
In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—
a
after paragraph (c), insert “or”,
b
omit the “or” following paragraph (d), and
c
omit paragraph (e).
3
In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.
4
In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.
5
This section does not affect—
a
the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,
b
that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or
c
the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
I47443Independent mental health advocates
1
In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)—
a
for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
b
at the end insert “for whom the authority is responsible for the purposes of this section”.
2
In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
3
In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
4A
A local social services authority is responsible for a qualifying patient if—
a
in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;
b
in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;
c
in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;
d
in the case of a qualifying patient falling within subsection (3)—
i
in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or
ii
in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.
4B
In subsection (4A)(d) above—
a
the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;
b
the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;
c
the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.
4
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Mental Health Act 1983, at the appropriate place insert—
Section 130A
Making arrangements to enable independent mental health advocates to be available to help qualifying patients
I11444Patients' correspondence
1
In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)—
a
before “the approved clinician” insert “or”, and
b
omit “or the Secretary of State”.
2
Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State under section 134(1) of that Act and having effect immediately before the commencement of this section.
I47545Notification of hospitals having arrangements for special cases
1
In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
a
after “the duty of” insert “every clinical commissioning group and of”,
b
omit “every Primary Care Trust and of”,
c
after “the area of the” insert “clinical commissioning group or”,
d
omit “Primary Care Trust or” in the first place it appears,
e
after “available to the” insert “clinical commissioning group or”, and
f
omit “Primary Care Trust or” in the second place it appears.
2
In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
Emergency powers
I47646Role of the Board and clinical commissioning groups in respect of emergencies
For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
252ARole of the Board and clinical commissioning groups in respect of emergencies
1
The Board and each clinical commissioning group must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency.
2
The Board must take such steps as it considers appropriate for securing that each clinical commissioning group is properly prepared for dealing with a relevant emergency.
3
The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical commissioning group with its duty under subsection (1).
4
The Board must take such steps as it considers appropriate for securing that each relevant service provider is properly prepared for dealing with a relevant emergency.
5
The steps taken by the Board under subsection (4) must include monitoring compliance by the service provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is properly prepared for dealing with a relevant emergency.
6
The Board may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the clinical commissioning groups and relevant service providers for which it is a relevant emergency.
7
The Board may arrange for any body or person to exercise any functions of the Board under subsections (2) to (6).
8
Where the Board makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that the Board has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004.
9
A relevant service provider must appoint an individual to be responsible for—
a
securing that the provider is properly prepared for dealing with a relevant emergency,
b
securing that the provider complies with any requirements mentioned in subsection (5), and
c
providing the Board with such information as it may require for the purpose of discharging its functions under this section.
10
In this section—
“relevant emergency”—
- a
in relation to the Board or a clinical commissioning group, means any emergency which might affect the Board or the group (whether by increasing the need for the services that it may arrange or in any other way);
- b
in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way);
“relevant service provider” means any body or person providing services in pursuance of service arrangements;
“service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.
I47747I18Secretary of State's emergency powers
1
Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
2
In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it is appropriate to do so”.
3
After subsection (1) insert—
1A
A direction under this section may be given to—
a
an NHS body other than a Local Health Board;
b
the National Institute for Health and Care Excellence;
c
the Health and Social Care Information Centre;
d
any body or person, other than an NHS body, providing services in pursuance of arrangements made—
i
by the Secretary of State under section 12,
ii
by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
iii
by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
iv
by the Board, a clinical commissioning group or a local authority by virtue of section 7A.
4
For subsection (2) substitute—
2
In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be exercised—
a
to give directions to the body about the exercise of any of its functions;
b
to direct the body to cease to exercise any of its functions for a specified period;
c
to direct the body to exercise any of its functions concurrently with another body or person for a specified period;
d
to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person).
2A
In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised—
a
to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d);
b
to direct the body or person to cease to provide any of those services for a specified period;
c
to direct the body or person to provide other services for the purposes of the health service for a specified period.
5
After subsection (2A) insert—
2B
The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this section.
2C
The Secretary of State may give directions to the Board about its exercise of any functions that are the subject of a direction under subsection (2B).
2D
In this section, “specified” means specified in the direction.
6
Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
7
In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
Miscellaneous
F13348New Special Health Authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I47849I19Primary care services: directions as to exercise of functions
1
After section 98 of the National Health Service Act 2006 insert—
Directions
98AExercise of functions
1
The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services.
2
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
3
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)).
4
The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services.
5
The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
6
Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
7
Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
8
A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function.
9
A report under subsection (8) must be made in such form and manner as the Board may specify.
10
The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).
2
After section 114 of that Act insert—
Directions
114AExercise of functions
1
The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary dental services.
2
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
3
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)).
3
After section 125 of that Act insert—
Directions
125AExercise of functions
1
The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services.
2
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
3
The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)).
4
The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services.
5
The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
6
Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
7
Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
8
A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
9
A report under subsection (8) must be made in such form and manner as the Board may specify.
10
The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).
4
After section 168 of that Act insert—
Directions
168AExercise of functions
1
The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
2
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
3
The Secretary of State may give directions to the Board about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)).
I47950I20Charges in respect of certain public health functions
1
After section 186 of the National Health Service Act 2006 insert—
186ACharges in respect of public health functions
1
The Secretary of State may make charges under this subsection in respect of any step taken under section 2A.
2
The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health.
3
Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate.
4
Regulations may provide for the making and recovery of charges in respect of—
a
the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and
b
the taking of prescribed steps by a local authority under section 2B.
5
Regulations under subsection (4) may make provision as to the calculation of charges authorised by the regulations, including provision prescribing the amount or the maximum amount that may be charged.
6
Nothing in this section affects any other power conferred by or under this Act to make charges.
2
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert—
zd
regulations under section 186A(4),
I48051Pharmaceutical services expenditure
1
After section 165 of the National Health Service Act 2006 insert—
165APharmaceutical remuneration: further provision
1
The Board must provide the Secretary of State with such information relating to the remuneration paid by the Board to persons providing pharmaceutical services or local pharmaceutical services as the Secretary of State may require.
2
The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.
3
Schedule 12A makes further provision about pharmaceutical remuneration.
2
After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.
I48152Secretary of State's duty to keep health service functions under review
In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert—
Duty to keep under review
247CSecretary of State's duty to keep health service functions under review
1
The Secretary of State must keep under review the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service in England.
2
The bodies mentioned in this subsection are—
a
the Board;
b
Monitor;
c
the Care Quality Commission and its Healthwatch England committee;
d
the National Institute for Health and Care Excellence;
e
the Health and Social Care Information Centre;
f
Special Health Authorities.
3
The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.
I48253Secretary of State's annual report
After section 247C of the National Health Service Act 2006 insert—
Annual report
247DSecretary of State's annual report
1
The Secretary of State must publish an annual report on the performance of the health service in England.
2
The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C.
3
The Secretary of State must lay any report prepared under this section before Parliament.
F50054Certification of death
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55Amendments related to Part 1 and transitional provision
I115I249I404I4831
Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect.
I250I4842
Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect.
I116I2513
Schedule 6 (which makes transitional provision in connection with this Part) has effect.
PART 2Further provision about public health
I48556Abolition of Health Protection Agency
1
The Health Protection Agency is abolished.
2
The Health Protection Agency Act 2004 is repealed.
3
Subsection (2) does not apply to—
a
paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and
b
section 11(1) of that Act so far as it gives effect to that paragraph.
4
Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect.
I48657Functions in relation to biological substances
1
The appropriate authority must—
a
devise standards for the purity and potency of biological substances,
b
prepare, approve, hold and distribute standard preparations of biological substances,
c
design appropriate procedures for testing biological substances,
d
provide or arrange for the provision of laboratory facilities for testing biological substances,
e
carry out tests on biological substances,
f
examine records kept in connection with the manufacture and quality control of biological substances,
g
report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
h
carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g).
2
The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
3
Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
4
The appropriate authority must co-operate with the person in the exercise of those functions.
5
The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section.
6
The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
7
Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
8
In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.
I48758Radiation protection functions
1
The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not).
2
The steps that may be taken under subsection (1) include—
a
the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding;
b
providing technical services (whether in laboratories or otherwise);
c
providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
d
providing training;
e
providing information and advice;
f
making available the services of any person or any facilities.
3
The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
4
The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
5
In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must—
a
consult the body, and
b
have regard to the body's policies.
6
Each of the following is a Health and Safety body—
a
the Health and Safety Executive;
b
the Health and Safety Executive for Northern Ireland.
F6c
the Office for Nuclear Regulation.
7
In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
8
In this section, “the appropriate authority” means—
a
the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998);
b
the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998);
c
the Secretary of State in any other case.
9
In this section, “the public” means—
a
where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
b
where the appropriate authority is the Scottish Ministers, the public in Scotland, and
c
where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland.
10
This section does not apply in relation to England.
I11759Repeal of AIDS (Control) Act 1987
1
The AIDS (Control) Act 1987 is repealed.
2
The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.
I48860Co-operation with bodies exercising functions in relation to public health
1
In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert—
Co-operation in relation to public health functions
247BCo-operation in relation to public health functions
1
This section applies to any body or other person that exercises functions similar to those of the Secretary of State under section 2A (whether or not in relation to the United Kingdom).
2
The Secretary of State must co-operate with the body or other person in the exercise by it of those functions.
3
If the Secretary of State acts under subsection (2) at the request of the body or other person, the Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so.
4
The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State of functions under section 2A.
5
If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose charges in respect of any costs incurred by it in doing so.
2
In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert—
da
section 247B (co-operation in relation to public health functions),
PART 3Regulation of health and adult social care services
CHAPTER 1Monitor
F8261Monitor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8262General duties
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8263Secretary of State's guidance on duty under section 62(9)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8264General duties: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8265Power to give Monitor functions relating to adult social care services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8266Matters to have regard to in exercise of functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8267Conflicts between functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8268Duty to review regulatory burdens
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8269Duty to carry out impact assessments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8270Information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8271Failure to perform functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 2Competition
F12472Functions under the Competition Act 1998
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12373Functions under Part 4 of the Enterprise Act 2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74Competition functions: supplementary
F1251
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1252
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1253
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1255
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1256
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I4897
In section 168 of that Act (regulated markets)—
a
in subsection (3) (meaning of “relevant action”), after paragraph (o) insert—
p
modifying the conditions of a licence issued under section 87 of the Health and Social Care Act 2012.
b
in subsection (4) (meaning of “relevant statutory functions”), after paragraph (q) insert—
r
in relation to any licence issued under section 87 of the Health and Social Care Act 2012, the duties of Monitor under sections 62 and 66 of that Act.
c
in subsection (5) (meaning of “sectoral regulator”), after paragraph (i) insert—
ia
Monitor;
F50275Requirements as to procurement, patient choice and competition
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50276Requirements under section 75: investigations, declarations and directions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50277Requirements under section 75: undertakings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50278Guidance
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12679Mergers involving NHS foundation trusts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12780Co-operation with the F7CMA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 3Licensing
Licensing requirement
I490I108981I21Requirement for health service providers to be licensed
1
Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter.
2
Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service.
I49182Deemed breach of requirement to be licensed
1
This section applies where a licence holder—
a
in providing a health care service for the purposes of the NHS, carries on a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008), but
b
is not registered under Chapter 2 of Part 1 of that Act in respect of the carrying on of that activity.
2
The licence holder is to be regarded as providing the service in breach of the requirement under section 81 to hold a licence.
I109083I22Exemption regulations
1
Regulations (referred to in this section and section 84 as “exemption regulations”) may provide for the grant of exemptions from the requirement under section 81 in respect of—
a
a prescribed person or persons of a prescribed description;
b
the provision of a prescribed health care service or a health care service of a prescribed description.
2
Exemption regulations may grant an exemption—
a
either generally or to the extent prescribed;
b
either unconditionally or subject to prescribed conditions;
c
indefinitely, for a prescribed period or for a period determined by or under the exemption.
3
Conditions subject to which an exemption may be granted include, in particular, conditions requiring any person providing a service pursuant to the exemption—
a
to comply with any direction given by F129NHS England about such matters as are specified in the exemption or are of a description so specified,
b
except to the extent that F130NHS England otherwise approves, to do, or not to do, such things as are specified in the exemption or are of a description so specified (or to do, or not to do, such things in a specified manner), and
c
to refer for determination by F131NHS England such questions arising under the exemption as are specified in the exemption or are of a description so specified.
4
Before making exemption regulations the Secretary of State must give notice to—
F132a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F128NHS England, and
c
the Care Quality Commission and its Healthwatch England committee.
5
The Secretary of State must also publish a notice under subsection (4).
6
A notice under subsection (4) must—
a
state that the Secretary of State proposes to make exemption regulations and set out their proposed effect,
b
set out the Secretary of State's reasons for the proposal, and
c
specify the period (“the notice period”) within which representations with respect to the proposal may be made.
7
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5).
8
Where an exemption is granted the Secretary of State—
a
if the exemption is granted to a prescribed person, must give notice of it to that person, and
b
must publish the exemption.
I109184I23Exemption regulations: supplementary
1
Regulations may revoke exemption regulations by which an exemption was granted to a person, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
a
at the person's request,
b
in accordance with any provision of the exemption regulations by which the exemption was granted, or
c
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
2
Regulations may revoke exemption regulations by which an exemption was granted to persons of a prescribed description, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
a
in accordance with any provision of the exemption regulations by which the exemption was granted, or
b
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
3
The Secretary of State may by direction withdraw an exemption granted to persons of a description prescribed in exemption regulations for any person of that description—
a
at the person's request,
b
in accordance with any provision of the exemption regulations by which the exemption was granted, or
c
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect in the case of the person.
4
Subsection (5) applies where the Secretary of State proposes to—
a
make regulations under subsection (1)(b) or (c) or (2), or
b
give a direction under subsection (3)(b) or (c).
5
The Secretary of State must—
a
consult the following about the proposal—
F135i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
F134NHS England;
iii
the Care Quality Commission and its Healthwatch England committee;
b
where the Secretary of State is proposing to make regulations under subsection (1)(b) or (c), give notice of the proposal to the person to whom the exemption was granted;
c
where the Secretary of State is proposing to make regulations under subsection (2), publish the notice;
d
where the Secretary of State is proposing to give a direction under subsection (3)(b) or (c), give notice of the proposal to the person from whom the Secretary of State proposes to withdraw the exemption.
6
The notice must—
a
state that the Secretary of State proposes to make the regulations or give the direction (as the case may be),
b
set out the Secretary of State's reasons for the proposal, and
c
specify the period within which representations with respect to the proposal may be made.
7
The period so specified must be not less than 28 days beginning with the day after that on which the notice is received or (as the case may be) published.
Licensing procedure
I492I108685Application for licence
1
A person seeking to hold a licence under this Chapter must make an application to F136NHS England.
2
The application must be made in such form, and contain or be accompanied by such information, as F137NHS England requires.
I493I108786Licensing criteria
1
F149NHS England must set and publish the criteria which must be met by a person in order for that person to be granted a licence under this Chapter.
2
F149NHS England may revise the criteria and, if it does so, must publish them as revised.
3
F149NHS England may not set or revise the criteria unless the Secretary of State has by order approved the criteria or (as the case may be) revised criteria.
I494I109287Grant or refusal of licence
1
This section applies where an application for a licence has been made under section 85.
2
If F150NHS England is satisfied that the applicant meets the criteria for holding a licence for the time being published under section 86 it must as soon as reasonably practicable grant the application; otherwise it must refuse it.
3
On granting the application, F151NHS England must issue a licence to the applicant.
4
A licence issued under this section is subject to—
a
such of the standard conditions (see section 94) as are applicable to the licence, F2and
b
such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “the special conditions”), F381and
c
F381any conditions included in the licence by virtue of section 111 (imposition of licence conditions on NHS foundation trusts during transitional period).
87AF497Application and grant: NHS trusts
1
An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as—
a
having made an application for a licence under section 85, and
b
having met the criteria for holding a licence for the time being published under section 86.
2
An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51(1) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day.
I49588Application and grant: NHS foundation trusts
F1521
This section applies where—
a
an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or
b
an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations).
2
The NHS foundation trust is to be treated by F153NHS England as having—
a
duly made an application for a licence under section 85, and
b
met the criteria for holding a licence for the time being published under section 86.
3
An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.
I49689Revocation of licence
F154NHS England may at any time revoke a licence under this Chapter—
a
on the application of the licence holder, or
b
if F154NHS England is satisfied that the licence holder has failed to comply with a condition of the licence.
90Right to make representations
1
F138NHS England must give notice—
I1093a
to an applicant for a licence under this Chapter of a proposal to refuse the application;
I497b
to the licence holder of a proposal to revoke a licence under section 89(b).
I4972
A notice under this section must—
a
set out F139NHS England’s reasons for its proposal;
b
specify the period within which representations with respect to the proposal may be made to F140NHS England.
I4973
The period so specified must be not less than 28 days beginning with the day after that on which the notice is received.
91Notice of decisions
1
This section applies if F141NHS England decides to—
I1094a
refuse an application for a licence under section 87, or
I435b
revoke a licence under section 89(b).
I4352
F142NHS England must give notice of its decision to the applicant or the licence holder (as the case may be).
I4353
A notice under this section must explain the right of appeal conferred by section 92.
I4354
A decision of F143NHS England to revoke a licence under section 89(b) takes effect on such day as may be specified by F143NHS England, being a day no earlier than—
a
if an appeal is brought under section 92, the day on which the decision on appeal is confirmed or the appeal is abandoned,
b
c
the day after that period.
92Appeals to the Tribunal
1
An appeal lies to the First-tier Tribunal against a decision of F144NHS England to—
I1095a
refuse an application for a licence under section 87, or
I498b
revoke a licence under section 89(b).
I4982
The grounds for an appeal under this section are that the decision was—
a
based on an error of fact,
b
wrong in law, or
c
unreasonable.
I4983
On an appeal under this section, the First-tier Tribunal may—
a
confirm F145NHS England’s decision,
b
direct that the decision is not to have effect, or
c
remit the decision to F146NHS England.
I49993I24Register of licence holders
1
F148NHS England must maintain and publish a register of licence holders.
2
The register may contain such information as F148NHS England considers appropriate for the purpose of keeping members of the public informed about licence holders including, in particular, information about the revocation of any licence under this Chapter.
3
F148NHS England must secure that copies of the register are available at its offices for inspection at all reasonable times by any person.
4
Any person who asks F148NHS England for a copy of, or an extract from, the register is entitled to have one.
5
Regulations may provide that subsections (3) and (4) do not apply—
a
in such circumstances as may be prescribed, or
b
to such parts of the register as may be prescribed.
6
A fee determined by F147NHS England is payable for the copy or extract except—
a
in such circumstances as may be prescribed, or
b
in any case where F147NHS England considers it appropriate to provide the copy or extract free of charge.
Licence conditions
I50094I25Standard conditions
I3231
F155NHS England must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “the standard conditions”).
I3232
Different standard conditions may be determined for different descriptions of licences.
I3233
For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by reference to—
a
the nature of the licence holder,
b
the services provided under the licence, or
c
the areas in which those services are provided.
I3234
But different standard conditions must not be determined for different descriptions of licences to the extent that the description is framed by reference to the nature of the licence holder unless F156NHS England considers that at least one of requirements 1 and 2 is met.
I3235
Requirement 1 is that—
a
the standard conditions in question relate to the governance of licence holders, and
b
it is necessary to determine different standard conditions in order to take account of differences in the status of different licence holders.
I3236
Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring that the burdens to which different licence holders are subject as a result of holding a licence are broadly consistent.
F157I3247
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157I3248
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157I3249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157I32410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I32895Special conditions
1
F94NHS England may—
I4362
Before including a special condition or making such modifications F95NHS England must give notice to—
a
the applicant or the licence holder (as the case may be),
b
the Secretary of State,
F98c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
such F97integrated care boards as are likely to be affected by the proposed inclusion or modifications, and
e
the Care Quality Commission and its Healthwatch England committee.
I4363
F99NHS England must also publish the notice under subsection (2).
I4364
The notice under subsection (2) must—
a
state that F100NHS England proposes to include the special condition or make the modifications and set out its or their proposed effect,
b
set out F101NHS England’s reasons for the proposal, and
c
specify the period (“the notice period”) within which representations with respect to the proposal may be made to F102NHS England.
I4365
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
I10616
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
I32996I26Limits on F88NHS England’s functions to set or modify licence conditions
1
This section applies to the following functions of F105NHS England —
I1088a
the duty to determine the standard conditions to be included in each licence under this Chapter or in licences of a particular description (see section 94);
I1088b
the powers to include a special condition in a licence and to modify such a condition (see section 95);
I1062c
the power to modify the standard conditions applicable to all licences, or to licences of a particular description (see section 100).
I10882
F106NHS England may only exercise a function to which this section applies—
a
for the purpose of regulating the price payable for the provision of health care services for the purposes of the NHS;
b
for the purpose of preventing anti-competitive behaviour in the provision of health care services for those purposes which is against the interests of people who use such services;
c
for the purpose of protecting and promoting the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS;
d
for the purpose of ensuring the continued provision of health care services for the purposes of the NHS;
F104da
for the purpose of ensuring that decisions relating to the provision of health care services for the purposes of the NHS are made with regard to all their likely effects in relation to the matters referred to in subsection (2A);
e
for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where F109NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
f
for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where F110NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
F107g
for the purpose of enabling, promoting or securing co-operation between providers of health care services for the purposes of the NHS, or between such providers and—
i
NHS bodies, within the meaning of section 72 of the National Health Service Act 2006, or
ii
local authorities in England (and for this purpose “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006);
h
for purposes connected with the governance of persons providing health care services for the purposes of the NHS;
i
for purposes connected with F111NHS England’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;
j
for purposes connected with the operation of the licensing regime established by this Chapter;
F112k
for such other purposes as may be prescribed.
F1032A
The matters referred to in subsection (2)(da) are—
a
the health and well-being of the people of England;
b
the quality of services provided to individuals—
i
by relevant bodies, or
ii
in pursuance of arrangements made by relevant bodies,
for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;
c
efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
2B
For the purposes of subsection (2)(da) (as read with subsection (2A))—
a
a reference to the effects of decisions in relation to the health and well-being of the people of England includes a reference to the effects of the decisions in relation to inequalities between the people of England with respect to their health and well-being;
b
a reference to effects of decisions in relation to the quality of services provided to individuals includes a reference to the effects of the decisions in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
2C
In subsection (2A) “relevant bodies” means—
a
NHS England,
b
integrated care boards,
c
NHS trusts established under section 25, and
d
NHS foundation trusts.
I10883
The objectives referred to in subsection (2)(e), F108and (f) are—
a
improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,
b
reducing inequalities between persons with respect to their ability to access those services, and
c
reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
I10884
F113NHS England must not exercise a function to which this section applies in a way which it considers would result in a particular licence holder or holders of licences of a particular description being put at an unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes of the NHS as a result of—
a
being in the public or (as the case may be) private sector, or
b
some other aspect of its or their status.
I10885
In subsection (2)(f), “health-related services” and “social care services” each have the meaning given in section 62(11).
I330I50197I27Conditions: supplementary
1
The standard or special conditions of a licence under this Chapter may, in particular, include conditions—
a
b
requiring the licence holder to comply with any requirement imposed on it by F115NHS England under Chapter 6 (financial assistance in special administration cases),
c
requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services,
d
requiring the licence holder to give notice to the F8CMA before entering into an arrangement under which, or a transaction in consequence of which, the licence holder's activities, and the activities of one or more other businesses, cease to be distinct activities,
e
f
requiring the licence holder to publish such information as may be specified or as F117NHS England may direct,
g
h
requiring the licence holder to comply with other rules published by F118NHS England about the charging for the provision of health care services for the purposes of the NHS,
i
requiring the licence holder—
i
to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to ensure the continued provision of one or more of the health care services that the licence holder provides for the purposes of the NHS,
ii
to give F119NHS England notice (of such period as may be determined by or under the licence) of the licence holder's intention to cease providing a health care service for the purposes of the NHS, and
j
about the use or disposal by the licence holder of assets used in the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes, and
k
about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes.
2
In subsection (1) “specified” means specified in a condition.
3
F121NHS England must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide another licence holder with access to facilities of A.
4
A condition under subsection (1)(d)—
a
may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and
b
ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence.
5
The references in subsection (1)(d) to the activities of a licence holder or other business include a reference to part of the activities concerned.
6
The references in subsections (1)(d) and (5) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business.
7
A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect, at such times and in such circumstances as may be determined by or under the conditions.
I50298I28Conditions relating to the continuation of the provision of services etc.
I3311
The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—
a
providing information to the commissioners of services to which the condition applies and to such other persons as F161NHS England may direct,
b
allowing F162NHS England to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
c
co-operating with such persons as F163NHS England may appoint to assist in the management of the licence holder's affairs, business and property.
I3312
A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
3
Where a licence includes a condition under section 97(1)(i), (j) or (k), F164NHS England must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
I3324
F159NHS England must publish guidance—
a
for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
b
for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
5
A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
F1585A
In subsections (4)(a) and (5) “commissioner” does not include NHS England.
6
F165NHS England may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
I3327
Before publishing guidance under subsection (4) or (6), F160NHS England must obtain the approval of—
a
the Secretary of State, F166...
F166b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I50399Notification of commissioners where continuation of services at risk
1
This section applies where F169NHS England—
a
takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and
b
does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
2
In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.
F1703
NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—
a
of the action it has taken, and
b
of its reasons for being satisfied as mentioned in subsection (1)(b).
4
5
I1063100I29Modification of standard conditions
1
F189NHS England may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
F1811A
Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must—
a
carry out an assessment of the likely impact of the modifications, or
b
publish a statement setting out its reasons for concluding that such assessment is not needed.
2
a
each relevant licence holder,
b
the Secretary of State,
F188c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
every F187integrated care board, and
e
the Care Quality Commission and its Healthwatch England committee.
3
F184NHS England must also publish the notice under subsection (2).
4
The notice under subsection (2) must—
a
state that F190NHS England proposes to make the modifications,
b
set out the proposed effect of the modifications,
c
set out F191NHS England’s reasons for the proposal, and
d
specify the period (“the notice period”) within which representations with respect to the proposal may be made to F192NHS England.
5
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
F1946
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1947
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1948
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1949
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
Where F193NHS England modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, F193NHS England—
a
may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,
b
must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
c
must publish the modifications.
11
In this sectionF186..., “relevant licence holder”—
a
in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and
b
in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.
12
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
F173101Modification references to the F4CMA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I504102I30Modification of conditions by order under other enactments
1
This section applies where the F9CMA or Secretary of State (the “relevant authority”) makes a relevant order.
2
A relevant order may modify—
a
the conditions of a particular licence, or
b
the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
3
The modifications which may be made by a relevant order are those which the relevant authority considers necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
4
In this section “relevant order” means—
a
an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS;
b
an order under any of those provisions of that Act where one or more of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS;
c
an order under section 160 or 161 of that Act where the feature, or combination of features, of the market F10or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to—
i
ii
the provision of those services.
5
The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
6
Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, the relevant authority—
a
may, after consultation with F176NHS England, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any other conditions of any licence which is affected by the modifications,
b
must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
c
must publish any modifications it makes under paragraph (b).
7
Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.
8
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
I505I1064103Standard condition as to transparency of certain criteria
I3331
The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—
a
set transparent eligibility and selection criteria, and
b
apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
I3332
“Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
a
whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
b
if the person is selected, the manner in which the services are provided to the person.
3
The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—
a
F196the power conferred on NHS England by section 100 to modify the standard conditions applicable to all licences, or to licences of a particular description,
F195b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
c
the powers conferred by section 102 on the F11CMA and Secretary of State to modify those conditions or the conditions of a particular licence.
Enforcement
104Power to require documents and information
I3341
F177NHS England may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
2
The persons are—
I334a
an applicant for a licence under this Chapter,
I506b
a licence holder,
I1096c
a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter,
I1096d
a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement,
I3343
The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
F1794
105I31Discretionary requirements
1
F197NHS England may impose one or more discretionary requirements on a person if F197NHS England is satisfied that the person—
I1097a
has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter (see section 81),
I508b
is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
2
In this Chapter, “discretionary requirement” means—
I508b
a requirement to take such steps within such period as F198NHS England may specify, to secure that the breach in question does not continue or recur (referred to in this Chapter as a “compliance requirement”), or
I508c
a requirement to take such steps within such period as F199NHS England may specify, to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred (referred to in this Chapter as a “restoration requirement”).
I5083
F200NHS England must not impose discretionary requirements on a person on more than one occasion in relation to the same breach.
I10654
A variable monetary penalty must not exceed 10% of the turnover in England of the person on whom it is imposed, such amount to be calculated in the prescribed manner.
I10655
If the whole or any part of a variable monetary penalty is not paid by the time it is required to be paid, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; but the total interest must not exceed the amount of the penalty.
106I32Enforcement undertakings
1
F202NHS England may accept an enforcement undertaking from a person if F202NHS England has reasonable grounds to suspect that the person—
I1098a
has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter,
I437b
is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
I4372
In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.
I4373
The specified action must be—
a
action to secure that the breach in question does not continue or recur,
b
action to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred,
c
action (including the payment of a sum of money) to benefit—
i
any other licence holder affected by the breach, or
ii
any commissioner of health care services for the purposes of the NHS which is affected by the breach, or
d
action of such a description as may be prescribed.
I4374
Where F204NHS England accepts an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—
a
F204NHS England may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and
b
if the breach to which the undertaking relates falls within subsection (1)(b), F204NHS England may not revoke that person's licence under section 89(b).
I4375
Where a person from whom F203NHS England has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, F203NHS England must take the partial compliance into account in deciding whether—
a
to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or
b
if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person's licence under section 89(b).
I1066I1067107Further provision about enforcement powers
Schedule 11 (Part 1 of which makes further provision about discretionary requirements and Part 2 of which makes further provision about enforcement undertakings) has effect.
108Guidance as to use of enforcement powers
I325I4341
F209NHS England must publish guidance about how it intends to exercise its functions under sections 105 and 106 and Schedule 11.
I325I4342
F209NHS England may revise the guidance and, if it does so, must publish the guidance as revised.
I325I4343
F209NHS England must consult such persons as it considers appropriate before publishing or revising the guidance.
I325I4344
Guidance relating to F205NHS England’s functions under section 105 must include information about—
a
the circumstances in which F206NHS England is likely to impose a discretionary requirement,
b
the circumstances in which F207NHS England may not impose a discretionary requirement,
c
the matters likely to be taken into account by F208NHS England in determining the amount of any variable monetary penalty to be imposed (including, where relevant, any discounts for voluntary reporting of breaches in respect of which a penalty may be imposed), and
d
rights to make representations and rights of appeal.
I5095
F210NHS England must have regard to the guidance or (as the case may be) revised guidance in exercising its functions under sections 105 and 106 and Schedule 11.
I510109Publication of enforcement action
1
F231NHS England must include information about the following in its annual report—
a
the cases in which a discretionary requirement has been imposed during the financial year to which the report relates, and
b
the cases in which an enforcement undertaking has been accepted during that financial year.
2
But F232NHS England must not include information which it is satisfied is—
a
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
b
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
3
The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
I511110Notification of enforcement action
1
As soon as reasonably practicable after imposing a discretionary requirement or accepting an enforcement undertaking F213NHS England must notify the following of that fact—
F212a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
such F211integrated care boards as are likely to be affected by the imposition of the requirement or the acceptance of the undertaking, and
c
any person exercising regulatory functions in relation to the person on whom the discretionary requirement was imposed or from whom the enforcement undertaking was accepted.
2
In subsection (1) “regulatory functions” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (see section 32 of that Act).
Transitional provision
I512111F379Imposition of licence conditions on NHS foundation trusts
1
Where F378NHS England is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, F378NHS England may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
2
The circumstances in which F378NHS England may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing—
a
to secure compliance with conditions in the trust’s licence, or
b
to take steps to reduce the risk of a breach of a condition in the trust’s licence.
F3772A
Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, F378NHS England may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates.
3
A condition included under subsection (1) F380or (2A) has effect until this section ceases, by virtue of section 112, to have effect in relation to the trust.
4
5
Where F375NHS England is satisfied that the trust has breached or is breaching a condition included under subsection (1) F380or (2A), F375NHS England may by notice require the trust to—
a
remove one or more of the directors or members of the council of governors and appoint interim directors or members of the council;
b
suspend one or more of the directors or members of the council from office as a director or member for a specified period;
c
disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period.
6
7
Subsection (5) does not prevent F375NHS England from exercising in relation to a condition included in a licence under subsection (1) F376or (2A) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
8
9
10
In this section, a reference to failing to discharge functions includes a reference to failing to discharge those functions properly.
11
Omit section 52 of the National Health Service Act 2006 (failing NHS foundation trusts); and in consequence of that, omit—
a
section 39(2)(f) of that Act (copy of notice under section 52 of that Act to be on register), and
b
paragraph 22(1)(f) of Schedule 7 to that Act (copy of that notice to be available for public inspection).
I513112I33F387Duration of transitional period
1
Section 111 ceases to have effect in relation to an NHS foundation trust on such day as the Secretary of State may by order specify.
2
Different days may be appointed in relation to different NHS foundation trusts.
3
A day specified under subsection (1) must not—
a
in the case of an NHS foundation trust authorised on or before 1 April 2014, be before 1 April 2016;
b
in the case of an NHS foundation trust authorised after 1 April 2014, be before the end of the period of two years beginning with the day on which the trust was authorised.
4
In this section, a reference to being authorised is a reference to being given an authorisation under section 35 of the National Health Service Act 2006.
5
Section 111 is repealed as soon as there are—
a
no NHS foundation trusts in relation to which it has effect, and
b
no NHS trusts in existence F386....
I514113F383Orders under section 112: criteria for deciding applicable trusts
1
Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify F385NHS England.
2
F385NHS England, having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply.
3
Before setting criteria under subsection (2), F385NHS England must—
a
consult the Care Quality Commission and such other persons as F385NHS England considers appropriate, and
b
obtain the approval of the Secretary of State.
4
If the Secretary of State approves the proposed criteria, F385NHS England must—
a
publish the criteria,
b
determine, by applying the criteria, to which trusts the order should apply,
c
notify the Secretary of State of its determination, and
d
publish a list of the trusts concerned.
5
If the Secretary of State does not approve the proposed criteria, F385NHS England must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed.
6
The Secretary of State, having received a notification under subsection (4)(c), must review F384NHS England’s determination under subsection (4)(b).
I515114F382Repeal of sections 112 and 113
1
Sections 112 and 113 are repealed immediately after section 111 is repealed; and in consequence of that—
a
in section 67(2)(a), omit “or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period)”,
b
omit section 67(3),
c
in section 87(4), after paragraph (a) insert “and”, and
d
in section 87(4), omit paragraph (c) and the preceding “and”.
2
This section is repealed immediately after sections 112 and 113 are repealed.
F495CHAPTER 4The NHS payment scheme
114AThe NHS payment scheme
1
NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner—
a
for the provision of health care services for the purposes of the NHS;
b
for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act.
2
The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection.
3
Rules under subsection (1) may, in particular—
a
specify prices;
b
specify amounts, formulae or other matters on the basis of which prices are to be determined;
c
provide for prices to be determined for, or by reference to, components of services or groups of services;
d
make different provision for different services or provision for some services but not others;
e
make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision;
f
confer a discretion on the commissioner of a service or on NHS England.
4
Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service.
5
Rules made by virtue of subsection (4) may—
a
make provision about how the price is to be agreed;
b
allow the agreement to make any provision that could be made by rules by virtue of subsection (3);
c
provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement.
6
For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1)(a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1), have regard to—
a
differences in the costs incurred in providing those services to persons of different descriptions, and
b
differences between providers with respect to the range of those services that they provide.
7
The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service.
8
The NHS payment scheme may contain guidance as to the application of rules under subsection (1).
9
A commissioner of a service mentioned in subsection (1) must have regard to any such guidance.
10
The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect.
114BThe NHS payment scheme: enforcement
Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction—
a
to secure that the failure does not continue or recur, or
b
to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred.
114CThe NHS payment scheme: impact assessment and consultation
1
Before publishing the NHS payment scheme, NHS England must—
a
carry out an assessment of the likely impact of the proposed scheme, or
b
publish a statement setting out its reasons for concluding that such assessment is not needed.
2
Before publishing the NHS payment scheme, NHS England must consult the following—
a
each integrated care board;
b
each relevant provider;
c
such other persons as NHS England considers appropriate.
3
NHS England must give those persons a notice—
a
describing the proposed NHS payment scheme,
b
setting out any impact assessment carried out under subsection (1)(a), and
c
specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
4
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
5
NHS England must publish the notice given under subsection (2).
6
If, having consulted under this section—
a
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
b
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under this section.
7
8
In this section “relevant provider” means—
a
a licence holder, or
b
another person, of a prescribed description, that provides—
i
health care services for the purposes of the NHS, or
ii
services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).
114DObjections to proposed NHS payment scheme
1
This section applies where—
a
within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and
b
either or both of the following apply—
i
the objection percentage for integrated care boards exceeds the prescribed percentage;
ii
the objection percentage for relevant providers exceeds the prescribed percentage.
2
In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.
3
NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.
4
If, having complied with subsection (3)—
a
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
b
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
NHS England must consult again under section 114C.
5
If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—
a
publish a notice stating that decision and setting out the reasons for it, and
b
send a copy of the notice to—
i
the persons consulted under subsection (3), and
ii
the integrated care boards or relevant providers from whom objections were received.
114EAmendments of the NHS payment scheme
1
NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.
2
In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—
a
the proportion of integrated care boards that would be affected by the proposed amendments;
b
the proportion of relevant providers that would be affected by the proposed amendments;
c
the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;
d
whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;
e
the amount of any increase or decrease in prices that would result from the proposed amendments.
3
If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.
4
Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments—
a
any integrated care boards that would be affected by the proposed amendments;
b
any relevant providers that would be affected by the proposed amendments;
c
such other persons as NHS England considers appropriate.
5
NHS England must publish a notice specifying—
a
the proposed amendments, and
b
when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.
6
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
7
NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4).
114FInterpretation
F495115Price payable by commissioners for NHS services
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495116The national tariff
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495117The national tariff: further provision
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495118Consultation on proposals for the national tariff
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495119Consultation: further provision
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495120Responses to consultation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495121Determination on reference under section 120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495122Changes following determination on reference under section 120
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495123Power to veto changes proposed under section 122
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495124Local modifications of prices: agreements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495125Local modifications of prices: applications
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495126Applications under section 125: notification of commissioners
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F495127Correction of mistakes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 5Health special administration
128Health special administration orders
1
In this Chapter “health special administration order” means an order which—
a
is made by the court in relation to a relevant provider, and
b
directs that the affairs, business and property of the provider are to be managed by one or more persons appointed by the court.
2
An application to the court for a health special administration order may be made only by F214NHS England.
3
A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health special administrator”.
4
A health special administrator of a company—
a
is an officer of the court, and
b
in exercising functions in relation to the company, is the company's agent.
5
A person is not to be the health special administrator of a company unless the person is qualified to act as an insolvency practitioner in relation to the company.
6
A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator's functions, so as to—
a
achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
b
in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services provided by the provider is carried on in accordance with any requirements or conditions imposed in respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
c
so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the provider as a whole, and
d
so far as is consistent with that objective and subject to those interests, protect the interests of the members of the provider as a whole.
7
In relation to a health special administration order applying to a non-GB company, references in this Chapter to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.
8
In this section—
a
a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualifications);
b
“regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act).
9
In this Chapter—
“business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that Act);
“company” includes a company not registered under the Companies Act 2006;
“court”, in relation to a company, means the court—
- a
having jurisdiction to wind up the company, or
- b
that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland);
- a
“member” is to be read in accordance with section 250 of the Insolvency Act 1986;
“non-GB company” means a company incorporated outside Great Britain;
“relevant provider” means a company which is providing services to which a condition included in the company's licence under section 97(1)(i), (j) or (k) applies;
“wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
129Objective of a health special administration
1
The objective of a health special administration is to secure—
a
the continued provision of such of the health care services provided for the purposes of the NHS by the company subject to the health special administration order, at such level, as the commissioners of those services determine by applying criteria specified in health special administration regulations (see section 130), and
b
that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special administration order to remain in force for that purpose.
2
Those means are—
a
the rescue as a going concern of the company subject to the health special administration order, and
b
one or more transfers falling within subsection (3).
3
A transfer falls within this subsection if it is a transfer as a going concern—
a
to another person, or
b
as respects different parts of the undertaking of the company subject to the health special administration order, to two or more other persons,
of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the health special administration.
4
The means by which a transfer falling within subsection (3) may be effected include in particular—
a
a transfer of the undertaking of the company subject to the health special administration order, or of part of its undertaking, to a wholly-owned subsidiary of that company, and
b
a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).
5
The objective of a health special administration may be achieved by transfers to the extent only that—
a
the rescue as a going concern of the company subject to the health special administration order is not reasonably practicable or is not reasonably practicable without such transfers,
b
the rescue of the company as a going concern will not achieve that objective or will not do so without such transfers,
c
such transfers would produce a result for the company's creditors as a whole that is better than the result that would be produced without them, or
d
such transfers would, without prejudicing the interests of its creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without them.
130I34Health special administration regulations
1
Regulations (referred to in this Chapter as “health special administration regulations”) must make further provision about health special administration orders.
2
Health special administration regulations may apply with or without modifications—
a
any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and
b
any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
3
Health special administration regulations may, in particular, provide that the court may make a health special administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be just and equitable (disregarding the objective of the health special administration) to wind up the provider in the public interest.
4
Health special administration regulations may make provision about—
a
the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and
b
the enforcement of security over property of relevant providers.
5
Health special administration regulations may, in particular, make provision about the publication and maintenance by F215NHS England of a list of relevant providers.
6
Health special administration regulations may in particular—
a
require F216NHS England to publish guidance for commissioners about the application of the criteria referred to in section 129(1)(a);
b
confer power on F217NHS England to revise guidance published by virtue of paragraph (a) and require it to publish guidance so revised;
c
d
require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such matters as F220NHS England may specify in guidance published by virtue of paragraph (a) or (b);
e
require F222NHS England to make arrangements for facilitating agreement between commissioners in their exercise of their function under section 129(1)(a);
f
confer power on F222NHS England, where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
g
provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged;
h
require a health special administrator to carry out in accordance with the regulations consultation on the action which the administrator recommends should be taken in relation to the provider concerned.
7
Health special administration regulations may modify this Chapter or any enactment mentioned in subsection (8) in relation to any provision made by virtue of this Chapter.
8
The enactments are—
a
the Insolvency Act 1986, and
b
any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
9
The power to make rules under section 411 of the Insolvency Act 1986 (company insolvency rules) applies for the purpose of giving effect to provision made by virtue of this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act.
10
For that purpose—
a
the power to make rules in relation to England and Wales is exercisable by the Lord Chancellor with the concurrence of the Secretary of State and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice;
b
the power to make rules in relation to Scotland is exercisable by the Secretary of State;
c
references in section 411 of that Act to those Parts are to be read as including a reference to this Chapter.
11
Before making health special administration regulations the Secretary of State must consult F221such persons as the Secretary of State considers appropriate.
131I35Transfer schemes
1
Health special administration regulations may make provision about transfer schemes to achieve the objective of a health special administration (see section 129).
2
Health special administration regulations may, in particular, include provision—
a
for the making of a transfer scheme to be subject to the consent of F223NHS England and the person to whom the transfer is being made,
b
for F224NHS England to have power to modify a transfer scheme with the consent of parties to the transfers effected by the scheme, and
c
for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as F225NHS England may specify (which may be a time before the modifications were made).
3
Health special administration regulations may, in particular, provide that a transfer scheme may include provision—
a
for the transfer of rights and liabilities under or in connection with a contract of employment from a company subject to a health special administration order to another person,
b
for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a company subject to a health special administration order to another person,
c
for the transfer of property, rights and liabilities which would not otherwise be capable of being transferred or assigned,
d
for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,
e
for the creation of interests or rights, or the imposition of liabilities, and
f
for the transfer, or concurrent exercise, of functions under enactments.
132I36Indemnities
Health special administration regulations may make provision about the giving by F233NHS England of indemnities in respect of—
a
liabilities incurred in connection with the discharge by health special administrators of their functions, and
b
loss or damage sustained in that connection.
133I37Modification of this Chapter under Enterprise Act 2002
1
The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of provision made by virtue of this Chapter as the Secretary of State considers appropriate in connection with any other provision made under that section.
2
Those sections are—
a
sections 248 and 277 (amendments consequential on that Act), and
b
section 254 (power to apply insolvency law to foreign companies).
CHAPTER 6Financial assistance in special administration cases
Establishment of mechanisms
134I38Duty to establish mechanisms for providing financial assistance
1
F234NHS England must establish, and secure the effective operation of, one or more mechanisms for providing financial assistance in cases where a provider of health care services for the purposes of the NHS (referred to in this Chapter as a “provider”) is subject to—
a
a health special administration order (within the meaning of Chapter 5), or
b
an order under section 65D(2) of the National Health Service Act 2006 (trust special administration for NHS foundation trusts).
2
Mechanisms that F234NHS England may establish under this section include, in particular—
a
mechanisms for raising money to make grants or loans or to make payments in consequence of indemnities given by F234NHS England by virtue of section 132 or under section 65D(12) of the National Health Service Act 2006;
b
mechanisms for securing that providers arrange, or are provided with, insurance facilities.
3
F234NHS England may secure that a mechanism established under this section operates so as to enable it to recover the costs it incurs in establishing and operating the mechanism.
4
F234NHS England may establish different mechanisms for different providers or providers of different descriptions.
5
F234NHS England does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under this Chapter.
6
An order under section 306 providing for the commencement of this Chapter may require F234NHS England to comply with the duty to establish under subsection (1) before such date as the order specifies.
135Power to establish fund
1
F226NHS England may, for the purposes of section 134, establish and maintain a fund.
2
3
F229NHS England must appoint at least two managers for a fund it establishes under this section.
4
A manager of a fund may be an individual, a firm or a body corporate.
5
F230NHS England must not appoint an individual as manager of a fund unless it is satisfied that the individual has the appropriate knowledge and experience for managing investments.
6
F230NHS England must not appoint a firm or body corporate as manager of a fund unless it is satisfied that arrangements are in place to secure that any individual who will exercise functions of the firm or body corporate as manager will, at the time of doing so, have the appropriate knowledge and experience for managing investments.
7
F230NHS England must not appoint an individual, firm or body corporate as manager of a fund unless the individual, firm or body is an authorised or exempt person within the meaning of the Financial Services and Markets Act 2000.
8
F230NHS England must secure the prudent management of any fund it establishes under this section.
Applications for financial assistance
136Applications
1
F235NHS England may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
2
An application under this section must be in such form, and must be supported by such evidence or other information, as F235NHS England may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
3
If F235NHS England grants an application under this section, it must notify the applicant of—
a
the purpose for which the financial assistance is being provided, and
b
the other conditions to which its provision is subject.
4
The special administrator must secure that the financial assistance is used only—
a
for the purpose notified under subsection (3)(a), and
b
in accordance with the conditions notified under subsection (3)(b).
5
Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
6
If F236NHS England refuses an application under this section, it must notify the applicant of the reasons for the refusal.
7
F236NHS England must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
8
For the purposes of reconsidering an application, F236NHS England may request information from the applicant.
9
F236NHS England must notify the applicant of its decision on reconsidering the application; and—
a
if F236NHS England grants the application, it must notify the applicant of the matters specified in subsection (3), and
b
if F236NHS England refuses the application, it must notify the applicant of the reasons for the refusal.
10
In this Chapter—
a
“special administrator” means—
i
a person appointed as a health special administrator under Chapter 5, or
ii
a person appointed as a trust special administrator under section 65D(2) of the National Health Service Act 2006, and
b
references to being in special administration are to be construed accordingly.
137Grants and loans
1
F237NHS England may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
a
it is necessary for the provider—
i
to be able to continue to provide one or more of the health care services that it provides for the purposes of the NHS, or
ii
to be able to secure a viable business in the long term, and
b
no other source of funding which would enable it do so and on which it would be reasonable for it to rely is likely to become available to it.
2
The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.
3
Subject to that, where F238NHS England makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
4
F238NHS England may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
5
The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as F238NHS England may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.
Charges on commissioners
138I39Power to impose charges on commissioners
F2391
The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.
1A
2
The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount—
a
as may be prescribed, or
b
as is determined by reference to such criteria, and by using such method, as may be prescribed.
3
The regulations must—
a
prescribe to whom the charge is to be paid;
b
prescribe when the charge becomes payable;
c
where the amount of the charge is to be determined in accordance with subsection (2)(b), require F240NHS England to carry out consultation in accordance with the regulations before imposing the charge;
d
provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
e
provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery).
4
F2425
Before making regulations under this section, the Secretary of State must consult NHS England.
6
Regulations under this section may apply with modifications provision made by sections 141 to 143 in relation to charges imposed by virtue of this section.
Levy on providers
139Imposition of levy
1
The power under section 135(2) includes, in particular, power to impose a levy on providers for each financial year.
2
Before deciding whether to impose a levy under this section for the coming financial year, F243NHS England must estimate—
a
the amount that will be required for the purpose of providing financial assistance in accordance with this Chapter,
b
the amount that will be collected from F244integrated care boards by way of charges imposed by virtue of section 138 during that year, and
c
the amount that will be standing to the credit of the fund at the end of the current financial year.
3
Before the start of a financial year in which F245NHS England proposes to impose a levy under this section, it must determine—
a
the factors by reference to which the rate of the levy is to be assessed,
b
the time or times by reference to which those factors are to be assessed, and
c
the time or times during the year when the levy, or an instalment of it, becomes payable.
4
Where the determinations under subsection (3) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
5
A levy under this section may be imposed at different rates for different providers.
140I40Power of Secretary of State to set limit on levy and charges
1
Before the beginning of each financial year, the Secretary of State may, with the approval of the Treasury, specify by order—
a
the maximum amount that F246NHS England may raise from levies it imposes under section 139 for that year, and
b
the maximum amount that it may raise from charges it imposes by virtue of section 138 for that year.
2
141Consultation
1
This section applies where F253NHS England is proposing to impose a levy under section 139 for the coming financial year and—
a
has not imposed a levy under that section for the current financial year or any previous year,
b
has been imposing the levy for the current financial year but proposes to make relevant changes to it for the coming financial year, or
c
has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.
2
A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
3
Before making the determinations under section 139(3) in respect of the levy, F251NHS England must send a notice to—
a
the Secretary of State,
F252b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F250c
each integrated care board,
d
each potentially liable provider, and
e
such other persons as it considers appropriate.
4
F254NHS England must publish a notice that it sends under subsection (3).
5
In a case within subsection (1)(a) or (c), the notice must state—
a
the factors by reference to which F255NHS England proposes to assess the rate of the levy,
b
the time or times by reference to which it proposes to assess those factors, and
c
the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.
6
In a case within subsection (1)(b), the notice must specify the relevant changes F256NHS England proposes to make.
7
A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).
8
F257142Responses to consultation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
143Amount payable
1
F264NHS England must—
a
calculate the amount which each provider who is to be subject to a levy under section 139 for a financial year is to be liable to pay in respect of that year, and
b
notify the provider of that amount and the date or dates on which it, or instalments of it, will become payable.
2
If the provider is to be subject to the levy for only part of the financial year, it is to be liable to pay only the amount which bears to the amount payable for the whole financial year the same proportion as the part of the financial year for which the provider is to be subject to the levy bears to the whole financial year.
3
The amount which a provider is liable to pay may be zero.
4
Subsection (5) applies if, during a financial year in which F266NHS England is imposing a levy under section 139, it becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed by reference to what it was—
a
at the start of the year, or
b
if F266NHS England has already exercised the power under subsection (5) in relation to the levy in the case of that provider, at the time it did so.
5
6
Following the expiry of the period of 28 days beginning with the day after that on which F266NHS England sends the notice, it may make the adjustment.
7
In a case within subsection (2), subsection (4) has effect as if references to the financial year were references to the part of the financial year for which the provider is to be subject to the levy.
8
Where a provider who reasonably believes that F265NHS England has miscalculated the amount notified to the provider under subsection (1) or (5) requests F265NHS England to recalculate the amount, F265NHS England must—
a
comply with the request, and
b
send the provider written notice of its recalculation.
9
Subsection (8) does not apply to a request to recalculate an amount in respect of a financial year preceding the one in which the request is made.
10
If the whole or part of the amount which a person is liable to pay is not paid by the date by which it is required to be paid, the unpaid balance carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; and the unpaid balance and accrued interest are recoverable summarily as a civil debt (but this does not affect any other method of recovery).
Supplementary
144Investment principles and reviews
1
F260NHS England must prepare and publish a statement of the principles that govern its decisions, or decisions made on its behalf, about making investments for the purposes of this Chapter.
2
F260NHS England must—
a
in each financial year, review the statement,
b
if it considers necessary in light of the review, revise the statement, and
c
if it revises the statement, publish the revised statement.
3
As soon as reasonably practicable after the end of each financial year, F260NHS England must undertake and publish a review of the operation during that year of—
a
the procedure for health special administration under Chapter 5,
I335b
the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the National Health Service Act 2006, and
c
such mechanisms as have been established under section 134.
4
The purposes of the review under subsection (3)(c) are—
a
to assess the operation of the mechanisms concerned,
b
to assess the accuracy of the estimates given by F259NHS England in relation to the operation of the mechanisms,
c
to assess what improvements can be made to the process for making estimates in relation to the operation of the mechanisms, and
d
to review the extent of the protection which the mechanisms are required to provide.
5
Where a fund established under section 135 has been in operation for the whole or part of the year concerned, the review published under this section must specify—
a
the income of the fund during that year, and
b
the expenditure from the fund during that year.
I3356
F258NHS England must exclude from a review published under this section information which it is satisfied is—
a
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
b
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
145I41Borrowing
1
F261NHS England may—
a
borrow from a deposit-taker such sums as it may from time to time require for exercising its functions under this Chapter;
b
give security for sums that it borrows.
2
But F262NHS England may not borrow if the effect would be—
a
to take the aggregate amount outstanding in respect of the principal of sums borrowed by it over such limit as the Secretary of State may by order specify, or
b
to increase the amount by which the aggregate amount so outstanding exceeds that limit.
3
In this section, “deposit-taker” means—
F75b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The definition of “deposit-taker” in subsection (3) must be read with—
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
146I42Shortfall or excess of available funds, etc.
1
The Secretary of State may provide financial assistance to F263NHS England if the Secretary of State is satisfied that—
a
there are insufficient funds available from a mechanism established under section 134, or
b
the mechanism is otherwise unable to operate effectively.
2
If the Secretary of State is satisfied that the level of funds available from a mechanism established under section 134 exceeds the level that is necessary, the Secretary of State may direct F263NHS England to transfer the excess to the Secretary of State.
3
If the Secretary of State is satisfied that a mechanism established under section 134 has become dormant, or if a mechanism so established is being wound up, the Secretary of State may direct F263NHS England to transfer to the Secretary of State such funds as are available from the mechanism.
CHAPTER 7Miscellaneous and general
I252I516147Secretary of State's duty as respects variation in provision of health services
After section 12D of the National Health Service Act 2006 insert—
Miscellaneous
12ESecretary of State's duty as respects variation in provision of health services
1
The Secretary of State must not exercise the functions mentioned in subsection (2) for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to—
a
whether the persons in question are in the public or (as the case may be) private sector, or
b
some other aspect of their status.
2
The functions mentioned in this subsection are the functions of the Secretary of State under—
a
sections 6E and 13A, and
b
section 75 of the Health and Social Care Act 2012 (requirements as to procurement, patient choice and competition).
148Service of documents
I3261
A notice required under this Part to be given or sent to or served on a person (“R”) may be given or sent to or served on R—
a
by being delivered personally to R,
b
by being sent to R—
i
by a registered post service, as defined by section 125(1) of the Postal Services Act 2000, or
ii
by a postal service which provides for the delivery of the document to be recorded, or
c
subject to section 149, by being sent to R by an electronic communication.
I3262
Where a notice is sent as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
I3263
Where a notice is sent as mentioned in subsection (1)(c) in accordance with section 149, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted.
I3264
In subsection (3) “working day” means a day other than—
a
a Saturday or a Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.
I3265
A notice required under this Part to be given or sent to or served on a body corporate or a firm is duly given, sent or served if it is given or sent to or served on the secretary or clerk of that body or a partner of that firm.
6
For the purposes of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person is—
I517a
in the case of a person who holds a licence under Chapter 3 who has notified F273NHS England of an address for service, that address, and
I326b
in any other case, the address determined in accordance with subsection (7).
I3267
That address is—
a
in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
b
in the case of a partner of a firm, the address of the principal office of the firm, and
c
in any other case, the last known address of the person.
I3268
In this section and in section 149—
“electronic communication” has the same meaning as in the Electronic Communications Act 2000;
“notice” includes any other document.
F274I3269
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I336149Electronic communications
1
If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.
2
If the person required or authorised to give, send or serve the notice is F275NHS England or the F12CMA—
a
b
the notice must be sent to or given or served at the address so provided.
3
4
5
F275NHS England must publish such requirements as it imposes under subsection (3).
150I43Interpretation, transitional provision and consequential amendments
I3371
In this Part—
F268“anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour;
F15“the CMA” means the Competition and Markets Authority;
“commissioner”, in relation to a health care service, means the person who arranges for the provision of the service (and “commission” is to be construed accordingly);
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
“facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
“financial year” means a period of 12 months ending with 31 March;
F269“health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to “health care services” being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service;
F270“the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;
“prescribed” means prescribed in regulations;
“service” includes facility.
F2671A
A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006.
F2722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F271I3373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Until section 181 comes into force, the following provisions in this Part are to be read as if the words “and its Healthwatch England committee” were omitted—
a
section 83(4)(c);
b
section 84(5)(a)(iii);
c
section 95(2)(e);
d
section 100(2)(e).
I118I338I5185
Schedule 13 (which contains minor and consequential amendments) has effect.
PART 4NHS foundation trusts & NHS trusts
Governance and management
151Governors
I2531
In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have governors)—
a
in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
b
in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
I4312
Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be appointed by PCT).
I4313
For paragraph 9(7) of that Schedule (partnership organisations) substitute—
7
Any organisation specified in the constitution for the purposes of this sub-paragraph may appoint one or more members of the council (but no more than the number specified for those purposes in the constitution).
I4314
After paragraph 10 of that Schedule insert—
10A
The general duties of the council of governors are—
a
to hold the non-executive directors individually and collectively to account for the performance of the board of directors, and
b
to represent the interests of the members of the corporation as a whole and the interests of the public.
I4315
After paragraph 10A of that Schedule insert—
10B
A public benefit corporation must take steps to secure that the governors are equipped with the skills and knowledge they require in their capacity as such.
I4316
After paragraph 10B of that Schedule insert—
10C
For the purpose of obtaining information about the corporation's performance of its functions or the directors' performance of their duties (and deciding whether to propose a vote on the corporation's or directors' performance), the council of governors may require one or more of the directors to attend a meeting.
7
In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary of State”.
I4318
In paragraph 26(2) of that Schedule (information that must be given in annual reports etc.), after paragraph (a) insert—
aa
information on any occasions in the period to which the report relates on which the council of governors exercised its power under paragraph 10C,
I2539
In consequence of subsection (1)—
a
in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and 60(1) of that Act, for “board of governors” substitute “council of governors”,
b
in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for “the board” (in each place it appears) substitute “the council”,
c
for the cross-heading preceding paragraph 7 of that Schedule substitute “Council of Governors”,
d
in the cross-heading preceding paragraph 28 of that Schedule, for “board” substitute “council”, and
e
in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for “board of governors” substitute “council of governors”.
I519152Directors
1
After paragraph 18 of Schedule 7 to the National Health Service Act 2006 insert—
18A
The general duty of the board of directors, and of each director individually, is to act with a view to promoting the success of the corporation so as to maximise the benefits for the members of the corporation as a whole and for the public.
2
After paragraph 18A of that Schedule insert—
18B
1
The duties that a director of a public benefit corporation has by virtue of being a director include in particular—
a
a duty to avoid a situation in which the director has (or can have) a direct or indirect interest that conflicts (or possibly may conflict) with the interests of the corporation;
b
a duty not to accept a benefit from a third party by reason of being a director or doing (or not doing) anything in that capacity.
2
The duty referred to in sub-paragraph (1)(a) is not infringed if—
a
the situation cannot reasonably be regarded as likely to give rise to a conflict of interest, or
b
the matter has been authorised in accordance with the constitution.
3
The duty referred to in sub-paragraph (1)(b) is not infringed if acceptance of the benefit cannot reasonably be regarded as likely to give rise to a conflict of interest.
4
In sub-paragraph (1)(b), “third party” means a person other than—
a
the corporation, or
b
a person acting on its behalf.
3
After paragraph 18B of that Schedule insert—
18C
1
If a director of a public benefit corporation has in any way a direct or indirect interest in a proposed transaction or arrangement with the corporation, the director must declare the nature and extent of that interest to the other directors.
2
If a declaration under this paragraph proves to be, or becomes, inaccurate or incomplete, a further declaration must be made.
3
Any declaration required by this paragraph must be made before the corporation enters into the transaction or arrangement.
4
This paragraph does not require a declaration of an interest of which the director is not aware or where the director is not aware of the transaction or arrangement in question.
5
A director need not declare an interest—
a
if it cannot reasonably be regarded as likely to give rise to a conflict of interest;
b
if, or to the extent that, the directors are already aware of it;
c
if, or to the extent that, it concerns terms of the director's appointment that have been or are to be considered—
i
by a meeting of the board of directors, or
ii
by a committee of the directors appointed for the purpose under the constitution.
4
After paragraph 18C of that Schedule insert—
18D
1
Before holding a meeting, the board of directors must send a copy of the agenda of the meeting to the council of governors.
2
As soon as practicable after holding a meeting, the board of directors must send a copy of the minutes of the meeting to the council of governors.
5
After paragraph 18D of that Schedule insert—
18E
1
The constitution must provide for meetings of the board of directors to be open to members of the public.
2
But the constitution may provide for members of the public to be excluded from a meeting for special reasons.
I520153Members
1
In section 61 of the National Health Service Act 2006 (representative membership), the existing text becomes subsection (1) and, in that subsection, for “An authorisation may require an NHS foundation trust to” substitute “An NHS foundation trust must”.
2
After that subsection insert—
2
In deciding which areas are to be areas for public constituencies, or in deciding whether there is to be a patients' constituency, an NHS foundation trust must have regard to the need for those eligible for such membership to be representative of those to whom the trust provides services.
I254154I44Accounts: initial arrangements
1
In paragraph 24 of Schedule 7 to the National Health Service Act 2006 (accounts: general), for sub-paragraph (1) substitute—
1
A public benefit corporation must keep proper accounts and proper records in relation to the accounts.
1A
The regulator may with the approval of the Secretary of State give directions to the corporation as to the content and form of its accounts.
2
In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records” substitute “the records”.
3
In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for “the Treasury” substitute “the Secretary of State”.
4
After sub-paragraph (1) of that paragraph insert—
1A
The regulator may with the approval of the Secretary of State direct a public benefit corporation—
a
to prepare accounts in respect of such period or periods as may be specified in the direction;
b
that any accounts prepared by it by virtue of paragraph (a) are to be audited in accordance with such requirements as may be specified in the direction.
5
In sub-paragraph (2) of that paragraph—
a
after “annual accounts” insert “or in preparing any accounts by virtue of sub-paragraph (1A)(a)”,
b
for “the Treasury” substitute “the Secretary of State”, and
c
for “information to be given in” substitute “content and form of”.
6
In sub-paragraph (3) of that paragraph, after “annual accounts” insert “, or of any accounts to be prepared by it by virtue of sub-paragraph (1A)(a),”.
7
In sub-paragraph (4) of that paragraph, in paragraph (b)—
a
omit “once it has done so,”, and
b
at the end insert “within such period as the regulator may direct”.
8
After that sub-paragraph insert—
4A
The corporation must send to the regulator within such period as the regulator may direct—
a
a copy of any accounts prepared by the corporation by virtue of sub-paragraph (1A)(a), and
b
a copy of any report of an auditor on them prepared by virtue of sub-paragraph (1A)(b).
F276155Accounts: variations to initial arrangements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
156I45Annual report and forward plan
I3391
In sub-paragraph (2) of paragraph 26 of Schedule 7 to the National Health Service Act 2006 (information that must be included in annual report), after paragraph (aa) (inserted by section 151(8)) insert—
ab
information on the corporation's policy on pay and on the work of the committee established under paragraph 18(2) and such other procedures as the corporation has on pay,
ac
information on the remuneration of the directors and on the expenses of the governors and the directors,
I3392
After that sub-paragraph insert—
2A
Before imposing a requirement under sub-paragraph (2)(b) that the regulator considers is sufficiently significant to justify consultation, the regulator must consult such persons as it considers appropriate.
F2773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2784
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5215
Omit section 39(2)(e) of that Act (requirement for copy of forward plan to be on register).
I5216
In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward plan available to the public).
I522157Meetings
1
After paragraph 27 of Schedule 7 to the National Health Service Act 2006 insert—
27AAnnual meeting of members
1
A public benefit corporation must hold an annual meeting of its members.
2
The meeting must be open to members of the public.
3
At least one member of the board of directors of the corporation must attend the meeting and present the following documents to the members at the meeting—
a
the annual accounts,
b
any report of the auditor on them,
c
the annual report.
4
Where an amendment is made to the constitution in relation to the powers or duties of the council of governors of a public benefit corporation (or otherwise with respect to the role that the council has as part of the corporation)—
a
at least one member of the council of governors must attend the next meeting to be held under this paragraph and present the amendment, and
b
the corporation must give the members an opportunity to vote on whether they approve the amendment.
5
If more than half of the members voting approve the amendment, the amendment continues to have effect; otherwise, it ceases to have effect and the corporation must take such steps as are necessary as a result.
2
In paragraph 28 of that Schedule (meeting of council of governors to consider annual accounts and reports), the existing text of which becomes sub-paragraph (1), after that sub-paragraph insert—
2
Nothing in sub-paragraph (1) prevents the council of governors from holding a general meeting more than once a year.
3
After that paragraph insert—
28ACombined meetings of members and governors
A public benefit corporation may hold a meeting which combines a meeting under paragraph 27A with a meeting under paragraph 28.
I255158I46Voting
1
After paragraph 29 of Schedule 7 to the National Health Service Act 2006 insert—
30Power to make provision about voting
1
Regulations may amend this Chapter so as to add, vary or omit provision relating to voting by members of the council of governors of a public benefit corporation that is an NHS foundation trust, by its directors or by its members.
2
The power under sub-paragraph (1) is exercisable only in relation to provision in this Chapter that was inserted, or otherwise provided for, by Part 4 of the Health and Social Care Act 2012.
2
In section 64(3) of that Act (regulations under Chapter 5 of Part 2 of that Act that are subject to affirmative procedure), after paragraph (a) (but before the “or” following it) insert—
aa
regulations under paragraph 30(1) of Schedule 7,
Foundation trust status
159Authorisation
I4251
In section 30(1) of the National Health Service Act 2006 (definition of NHS foundation trust), for “which is authorised under this Chapter to provide” substitute “the function of which is to provide in accordance with this Chapter”.
I4252
Omit section 33(2)(a) of that Act (requirement for application for authorisation to describe goods and services to be provided).
I4253
In section 35(2) of that Act (matters as to which the regulator must be satisfied before giving authorisation), for paragraph (e) substitute—
e
the applicant will be able to provide goods and services for the purposes of the health service in England,
4
After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert—
3A
The regulator must not give an authorisation unless it is notified by the Care Quality Commission that it is satisfied that the applicant is complying with (so far as applicable) the requirements mentioned in section 12(2) of the Health and Social Care Act 2008 in relation to the regulated activity or activities the applicant carries on.
3B
In subsection (3A), “regulated activity” has the same meaning as in section 8 of the Health and Social Care Act 2008.
I4255
Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate).
I4256
Omit section 38 of that Act (variation of authorisation).
I4257
Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register).
I4258
Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises).
I4259
Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection).
I119160Bodies which may apply for foundation trust status
1
Omit section 34 of the National Health Service Act 2006 (application for authorisation by body other than NHS trust).
2
In section 35(1) of that Act (bodies which may be given authorisation), omit paragraph (b) (public benefit corporations) and the preceding “or”.
3
Omit section 36(2) of that Act (public benefit corporation to become NHS foundation trust on being given authorisation).
4
Despite subsection (1)—
a
section 34(1) to (4) of that Act continues to have effect in the case of an application which, immediately before the commencement of that subsection, is pending determination, and
b
section 34(5) to (7) of that Act continues to have effect in the case of an existing public benefit corporation.
5
Despite subsection (2), section 35(1)(b) of that Act continues to have effect in the case of an existing public benefit corporation which, immediately before the commencement of that subsection, has not been given an authorisation under section 35.
6
Despite subsection (3), section 36(2) of that Act continues to have effect in the case of an existing public benefit corporation.
7
In subsections (4) to (6), “existing public benefit corporation” means a public benefit corporation—
a
incorporated under section 34 of that Act and in existence immediately before the commencement of this section, or
b
incorporated under that section by virtue of subsection (4).
I523161Amendment of constitution
1
In section 37 of the National Health Service Act 2006 (amendments of constitution), the existing text of which becomes subsection (1), for “with the approval of the regulator” substitute
only if—
a
more than half of the members of the council of governors of the trust voting approve the amendments, and
b
more than half of the members of the board of directors of the trust voting approve the amendments.
2
After that subsection insert—
2
Amendments made under this section take effect as soon as the conditions in subsection (1)(a) and (b) are satisfied.
3
But an amendment is of no effect in so far as the constitution would, as a result of the amendment, not accord with Schedule 7.
4
The trust must inform the regulator of amendments made under this section; but the regulator's functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7.
3
Subsections (1) and (2) do not apply in the case of amendments in respect of which, immediately before the commencement of this section, Monitor has yet to decide whether or not to give approval under section 37 of the National Health Service Act 2006.
I47I524162Panel for advising governors
After section 39 of the National Health Service Act 2006 insert—
39APanel for advising governors
1
The regulator may appoint a panel of persons to which a governor of an NHS foundation trust may refer a question as to whether the trust has failed or is failing—
a
to act in accordance with its constitution, or
b
to act in accordance with provision made by or under this Chapter.
2
A governor may refer a question to the panel only if more than half of the members of the council of governors voting approve the referral.
3
The panel—
a
may regulate its own procedure, and
b
may establish such procedures, and make such other arrangements, as it considers appropriate for the purpose of determining questions referred to it under this section.
4
The panel may decide whether, or to what extent, to carry out an investigation on a question referred to it under this section.
5
The panel may for that purpose, or for the purpose of carrying out such an investigation, request information or advice.
6
Where the panel has carried out such an investigation, it must publish a report of its determination of the question referred to it.
7
If a person refuses to comply with a request made under subsection (5), the report under subsection (6) may refer to the refusal.
8
On any proceedings before a court or tribunal relating to a question referred to the panel under this section, the court may take the panel's report of its determination of the question into account.
9
The regulator—
a
must pay expenses properly incurred by the panel, and
b
must make administrative support available to the panel.
10
Regulations may make provision as to—
a
eligibility for membership of the panel;
b
the number of persons that may be appointed as members;
c
the terms of appointment of members;
d
circumstances in which a person ceases to be a member or may be suspended.
Finance
163Financial powers etc.
I5251
At the end of section 40 of the National Health Service Act 2006 (power of Secretary of State to give financial assistance to NHS foundation trusts), insert—
5
As soon as is practicable after the end of each financial year, the Secretary of State must prepare a report on the exercise of the power under subsection (1).
6
In relation to each exercise of the power under that subsection during the year to which the report relates, the report must specify the amount of the loan, issue of public dividend capital, grant or other payment and—
a
in the case of a loan, the amount (if any) outstanding at the end of the year and the other terms on which the loan was made,
b
in the case of an issue of public dividend capital, the terms on which it was issued (or, where a decision under section 42(3) is made in relation to it during that year, the terms so decided as those on which it is treated as having been issued), and
c
in the case of a grant or other payment, the terms on which it was made.
7
In relation to each loan made under that subsection during a previous financial year but not repaid by the beginning of the year to which the report relates, the report must specify—
a
the amount outstanding at the beginning of the year,
b
the amount (if any) outstanding at the end of the year, and
c
the other terms on which the loan was made.
8
A report under subsection (5) must, in relation to each NHS foundation trust, specify—
a
the amount of the public dividend capital of that trust at the end of the year to which the report relates, and
b
the conditions on which it is held.
9
The Secretary of State must publish a report under subsection (5).
I4272
Omit section 41 of that Act (prudential borrowing code).
I4263
In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation trust to be same as that payable by NHS trust).
I4264
Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator).
I4265
At the end of that section insert—
7
The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS foundation trust to do any of the following will be subject as a consequence—
a
providing goods or services,
b
borrowing or investing money,
c
providing financial assistance,
d
acquiring or disposing of property,
e
entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to (d),
f
applying for dissolution (whether or not when also applying for the establishment of one or more other trusts),
g
applying to acquire another body.
I4266
After that section insert—
42ACriteria for making loans etc.
1
The Secretary of State must publish guidance on the powers conferred by sections 40 and 42.
2
The guidance on the power to make a loan under section 40(1) must in particular—
a
explain that, in exercising the power, the Secretary of State will apply the principle that a loan should be made only where there is a reasonable expectation that it will be repaid in accordance with the terms on which it is made;
b
include other criteria that the Secretary of State will apply when determining whether to exercise the power and, if so, the terms on which to make the loan.
3
The guidance on that power must also explain—
a
the process for applying for a loan under section 40(1);
b
the consequences of failing to comply with terms on which a loan is made under that provision.
4
The guidance on the power to decide terms under section 42(3) must, in particular, include the criteria that the Secretary of State will apply when deciding the terms.
5
The guidance on that power must also explain the consequences of failing to comply with the terms decided.
6
In preparing guidance under this section, the Secretary of State must have regard (among other things) to any generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and the terms on which to make loans to them.
7
Before publishing the guidance, the Secretary of State must consult—
a
the Treasury,
b
the regulator, and
c
such other persons as the Secretary of State considers appropriate.
I4277
Omit section 45 of that Act (disposal of protected property).
I4278
Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
I4279
For section 50 of that Act (fees) substitute—
50Fees
An NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its exercise of functions under—
a
section 39;
b
section 39A.
Functions
164Goods and services
I2311
In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2) substitute—
1
The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the health service in England.
2
An NHS foundation trust may provide goods and services for any purposes related to—
a
the provision of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and
b
the promotion and protection of public health.
2A
An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes.
I2312
In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
a
for “The” substitute “An”,
b
for “subsection (1)” substitute “subsection (2)”, and
c
omit “, subject to any restrictions in the authorisation,”.
I2313
After that subsection insert—
3A
Each annual report prepared by an NHS foundation trust must give information on the impact that income received by the trust otherwise than from the provision of goods and services for the purposes of the health service in England has had on the provision by the trust of goods and services for those purposes.
3B
Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include information about—
a
the activities other than the provision of goods and services for the purposes of the health service in England that the trust proposes to carry on, and
b
the income it expects to receive from doing so.
3C
Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an NHS foundation trust carry on an activity of a kind mentioned in subsection (3B)(a), the council of governors of the trust must—
a
determine whether it is satisfied that the carrying on of the activity will not to any significant extent interfere with the fulfilment by the trust of its principal purpose or the performance of its other functions, and
b
notify the directors of the trust of its determination.
3D
An NHS foundation trust which proposes to increase by 5% or more the proportion of its total income in any financial year attributable to activities other than the provision of goods and services for the purposes of the health service in England may implement the proposal only if more than half of the members of the council of governors of the trust voting approve its implementation.
I5264
Omit subsections (4) to (7) of that section (goods and services that may be authorised, etc.).
I5265
For the title to that section substitute “Provision of goods and services”.
I2316
In paragraph 2 of Schedule 7 to that Act (constitution), the existing text of which becomes sub-paragraph (1), after that sub-paragraph insert—
2
If the corporation is an NHS foundation trust, the constitution must specify its principal purpose (as to which, see section 43(1)).
I256165Private health care
1
In section 44 of the National Health Service Act 2006 (private health care), omit—
a
subsection (1) (restriction on provision of private health services),
b
subsection (2) (cap on private income),
c
subsection (2A) (special provision for mental health foundation trusts), and
d
subsections (3) to (5) (interpretation etc.).
2
For the title to that section substitute “Power to charge for accommodation etc.”.
3
In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act 2009.
I340166Information
For section 48 of the National Health Service Act 2006 (information) substitute—
48Information
1
The Secretary of State may require an NHS foundation trust to provide the Secretary of State with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service.
2
The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.
I527167Significant transactions
After section 51 of the National Health Service Act 2006 insert—
51ASignificant transactions
1
An NHS foundation trust may enter into a significant transaction only if more than half of the members of the council of governors of the trust voting approve entering into the transaction.
2
“Significant transaction” means a transaction or arrangement of such description as may be specified in the trust's constitution.
3
If an NHS foundation trust does not wish to specify any descriptions of transaction or arrangement for the purposes of subsection (2), the constitution of the trust must specify that it contains no such descriptions.
Mergers, acquisitions, separations and dissolution
I528168Mergers
1
In section 56 of the National Health Service Act 2006 (mergers), in subsection (1)—
a
in paragraph (b), after “NHS trust” insert “established under section 25”, and
b
for the words from “authorisation” to the end substitute “the dissolution of the trusts and the establishment of a new NHS foundation trust.”
2
After that subsection insert—
1A
An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust).
3
In subsection (2) of that section, omit—
a
paragraph (c) (but not the “and” following it), and
b
the words from “and must give” to the end.
4
Omit subsection (3) of that section.
5
For subsection (4) of that section substitute—
4
The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the dissolution of the trusts and the establishment of the proposed new trust have been taken.
6
Omit subsections (5) to (10) of that section.
7
In subsection (11) of that section, for “On an authorisation being given under this section” substitute “On the grant of the application”.
I529169Acquisitions
After section 56 of the National Health Service Act 2006 insert—
56AAcquisitions
1
An application may be made jointly by—
a
an NHS foundation trust (A), and
b
another NHS foundation trust or an NHS trust established under section 25 (B),
to the regulator for the acquisition by A of B.
2
An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust).
3
The application must—
a
be supported by the Secretary of State if B is an NHS trust, and
b
be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.
4
The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the acquisition have been taken.
5
On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution.
I530170Separations
After section 56A of the National Health Service Act 2006 insert—
56BSeparations
1
An application may be made to the regulator by an NHS foundation trust for the dissolution of the trust and the establishment of two or more new NHS foundation trusts.
2
An application under this section may be made only with the approval of more than half of the members of the council of governors of the applicant.
3
The application must, by reference to each of the proposed new trusts—
a
specify the property and liabilities proposed to be transferred to it;
b
be accompanied by a copy of its proposed constitution.
4
The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken.
5
On the grant of the application, the proposed constitution of each of the new trusts has effect but, in the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its behalf until a board of directors is appointed in accordance with the constitution.
I531171Dissolution
After section 57 of the National Health Service Act 2006 insert—
57ADissolution
1
An application may be made by an NHS foundation trust to the regulator for dissolution.
2
An application under this section may be made only with the approval of more than half of the members of the council of governors of the applicant.
3
The regulator must grant the application if it is satisfied that—
a
the trust has no liabilities, and
b
such steps as are necessary to prepare for the dissolution have been taken.
4
Where an application under this section is granted, the regulator must make an order—
a
dissolving the trust in question, and
b
transferring, or providing for the transfer of, the property of the trust (if any) to the Secretary of State.
172Supplementary
I4281
In section 57 of the National Health Service Act 2006 (mergers: supplementary), in subsection (1)—
a
for “an authorisation is given under section 56” substitute “an application is granted under section 56 or 56B”, and
b
at the end insert “or trusts”.
I4282
In subsection (2) of that section—
a
for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the regulator”, and
b
in paragraph (a), after “dissolving the” insert “trust or”, and
c
in paragraph (b), at the end insert “or trusts”.
I4283
After that subsection insert—
2A
An order under section 56 or 56B is conclusive evidence of incorporation and conclusive evidence that the corporation is an NHS foundation trust.
I4294
In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.
5
In subsection (4) of that section—
I428a
for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and
I429b
for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.
I4296
In subsection (5) of that section, after “section 56” insert “or 56A”.
I4297
Omit subsection (6) of that section.
I4298
For the title to that section substitute “Sections 56 to 56B: supplementary”.
I4299
For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and separations”.
I42910
In section 64 of that Act (orders and regulations under Chapter 5 of Part 2 of that Act), in subsection (4)—
a
omit the “or” following paragraph (b), and
b
after paragraph (c), insert
, or
d
section 57A.
I42911
After that subsection insert—
4A
The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under section 57 or 57A as if the regulator were a Minister of the Crown.
I42912
In section 271(3)(b) of that Act (territorial limit of exercise of functions under Chapter 5), for “Part 1” substitute “Part 2”.
Failure
173Repeal of de-authorisation provisions
I3271
Omit section 52C of the National Health Service Act 2006 (guidance etc. on de-authorisation notices).
I5322
Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements and dissolution); and in consequence of that—
a
in section 57 of that Act (as amended by section 172 of this Act)—
i
in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”,
ii
omit subsection (3)(b), and
iii
in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25”,
b
in section 64(4) of that Act (as amended by section 172 of this Act), omit paragraph (b), and
c
omit section 18(2) to (6) and (11) of the Health Act 2009.
I3273
Omit section 65E of the National Health Service Act 2006 (NHS foundation trusts: de-authorisation and appointment of administrator).
I3274
Omit Schedule 8A to that Act (de-authorised NHS trusts and NHS foundation trusts).
I3275
Omit section 15 of the Health Act 2009 (which inserts sections 52A to 52E and Schedule 8A in the National Health Service Act 2006).
I3276
In section 272 of the National Health Service Act 2006 (orders, regulations, rules and directions)—
a
in subsection (5), omit paragraph (aa), and
b
in subsection (6A), omit “52D(1), 52E(6),”.
I3277
In section 275(1) of that Act (interpretation), in the definition of “NHS trust”—
a
omit “, subject to Schedule 8A,”, and
b
omit “52D(1) or”.
I3278
In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit “52D(1) or”.
I341174Trust special administrators
1
In section 65A of the National Health Service Act 2006 (bodies to which trust special administration regime applies)—
a
in subsection (1), for paragraphs (b) and (c) substitute—
b
any NHS foundation trust.
b
omit subsection (2).
2
For the title to section 65B of that Act substitute “NHS trusts: appointment of trust special administrator”.
3
In section 65D of that Act (NHS foundation trusts: regulator's notice), for subsections (1) to (3) substitute—
1
This section applies if the regulator is satisfied that an NHS foundation trust is, or is likely to become, unable to pay its debts.
2
The regulator may make an order authorising the appointment of a trust special administrator to exercise the functions of the governors, chairman and directors of the trust.
3
As soon as reasonably practicable after the making of an order under subsection (2), the Care Quality Commission must provide to the regulator a report on the safety and quality of the services that the trust provides under this Act.
4
In subsection (4) of that section—
a
for “giving a notice” substitute “making an order”,
b
after paragraph (a) insert—
aa
the Board,
c
omit paragraph (b),
d
in paragraph (c), omit “goods or”, and
e
after paragraph (c) insert
, and
d
the Care Quality Commission.
5
After that subsection insert—
5
An order under subsection (2) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.
6
The regulator must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.
7
If the regulator makes an order under subsection (2), it must—
a
appoint a person as the trust special administrator with effect from the day specified in the order, and
b
publish the name of the person appointed.
8
A person appointed as a trust special administrator under this section holds and vacates office in accordance with the terms of the appointment.
9
A person appointed as a trust special administrator under this section must manage the trust's affairs, business and property, and exercise the trust special administrator's functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable.
10
When the appointment of a trust special administrator under this section takes effect, the trust's governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly.
11
But subsection (10) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust.
12
The regulator may indemnify a trust special administrator appointed under this section in respect of such matters as the regulator may determine.
6
For the title to that section substitute “NHS foundation trusts: appointment of trust special administrator”.
7
Omit the cross-heading preceding that section.
I342175Objective of trust special administration
1
After section 65D of the National Health Service Act 2006 insert—
65DAObjective of trust special administration
1
The objective of a trust special administration is to secure—
a
the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust that is subject to an order under section 65D(2), at such level, as the commissioners of those services determine, and
b
that it becomes unnecessary for the order to remain in force for that purpose.
2
The commissioners may determine that the objective set out in subsection (1) is to apply to a service only if they are satisfied that the criterion in subsection (3) is met.
3
The criterion is that ceasing to provide the service under this Act would, in the absence of alternative arrangements for its provision under this Act, be likely to—
a
have a significant adverse impact on the health of persons in need of the service or significantly increase health inequalities, or
b
cause a failure to prevent or ameliorate either a significant adverse impact on the health of such persons or a significant increase in health inequalities.
4
In determining whether that criterion is met, the commissioners must (in so far as they would not otherwise be required to do so) have regard to—
a
the current and future need for the provision of the service under this Act,
b
whether ceasing to provide the service under this Act would significantly reduce equality between those for whom the commissioner arranges for the provision of services under this Act with respect to their ability to access services so provided, and
c
such other matters as may be specified in relation to NHS foundation trusts in guidance published by the regulator.
5
The regulator may revise guidance under subsection (4)(c) and, if it does so, must publish the guidance as revised.
6
Before publishing guidance under subsection (4)(c) or (5), the regulator must obtain the approval of—
a
the Secretary of State;
b
the Board.
7
The Board must make arrangements for facilitating agreement between commissioners in determining the services provided by the trust under this Act to which the objective set out in subsection (1) is to apply.
8
Where commissioners fail to reach agreement in pursuance of arrangements under subsection (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged).
9
In this section—
“commissioners” means the persons to which the trust provides services under this Act, and
“health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the provision of services that are provided as part of the health service.
F2792
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I343176I48Procedure etc.
1
In section 65F of the National Health Service Act 2006 (administrator's draft report), in subsection (2)—
a
before paragraph (a) insert—
za
the Board,
b
omit paragraph (a) (but not the following “and”).
2
At the end of that section insert—
4
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
5
In the case of an NHS foundation trust, the administrator may not provide the draft report to the regulator under subsection (1)—
a
without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or
b
where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
6
Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
a
give a notice of the reasons for its decision to the administrator and to the regulator;
b
publish the notice;
c
lay a copy of it before Parliament.
7
In subsection (5), “commissioner” means a person to which the trust provides services under this Act.
3
At the end of section 65G of that Act (consultation plan) insert—
4
In the case of an NHS foundation trust, the administrator may not make a variation to the draft report following the consultation period—
a
without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report as so varied would achieve the objective set out in section 65DA, or
b
where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.
5
Where the Board decides not to provide to the administrator a statement to that effect, the Board must—
a
give a notice of the reasons for its decision to the administrator and to the regulator;
b
publish the notice;
c
lay a copy of it before Parliament.
6
In subsection (4), “commissioner” means a person to which the trust provides services under this Act.
4
In section 65H of that Act (consultation requirements), in subsection (7)—
a
before paragraph (a) insert—
za
the Board,
b
omit paragraph (a),
c
in paragraph (b), omit “, if required by directions given by the Secretary of State”, and
d
after paragraph (c) insert
;
d
any other person specified in a direction given by the Secretary of State.
5
In subsection (8) of that section, omit paragraphs (a) to (d).
6
In subsection (9) of that section—
a
after “representatives of” insert “the Board and”, and
b
for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.
F17
At the end of that section insert—
12
For the purposes of this section in its application to the case of anNHSfoundation trust—
a
in subsection (7)(b), the words “goods or” are to be ignored, and
b
in subsections (7)(c) and (d) and (10), the references to the Secretary of State are to be read as references to the regulator.
13
In the case of anNHSfoundation trust, the Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.
8
At the end of section 65I of that Act (administrator's final report) insert—
4
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
9
At the end of section 65J of that Act (power to extend time limits for preparing reports and carrying out consultation) insert—
5
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
I344177I49Action following final report
1
In section 65K of the National Health Service Act 2006 (Secretary of State's decision on what action to take), in subsection (1), after “a final report under section 65I” insert “relating to an NHS trust”; and in consequence of that, for the title to that section substitute “Secretary of State's decision in case of NHS trust”.
2
After that section insert—
65KARegulator's decision in case of NHS foundation trust
1
Within the period of 20 working days beginning with the day on which the regulator receives a final report under section 65I relating to an NHS foundation trust, the regulator must decide whether it is satisfied—
a
that the action recommended in the final report would achieve the objective set out in section 65DA, and
b
that the trust special administrator has carried out the administration duties.
2
In subsection (1)(b), “administration duties” means the duties imposed on the administrator by—
a
this Chapter,
b
a direction under this Chapter, or
c
the administrator's terms of appointment.
3
If the regulator is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State—
a
the final report, and
b
the report provided to the regulator by the Care Quality Commission under section 65D(3).
4
If the regulator is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator.
5
Where the regulator gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as the regulator may specify in the notice.
6
The regulator must as soon as reasonably practicable after giving a notice under subsection (4)—
a
publish the notice;
b
lay a copy of it before Parliament.
65KBSecretary of State's response to regulator's decision
1
Within the period of 30 working days beginning with the day on which the Secretary of State receives the reports referred to in section 65KA(3), the Secretary of State must decide whether the Secretary of State is satisfied—
a
that the persons to which the NHS foundation trust in question provides services under this Act have discharged their functions for the purposes of this Chapter,
b
that the trust special administrator has carried out the administration duties (within the meaning of section 65KA(1)(b)),
c
that the regulator has discharged its functions for the purposes of this Chapter,
d
that the action recommended in the final report would secure the continued provision of the services provided by the trust to which the objective set out in section 65DA applies,
e
that the recommended action would secure the provision of services that are of sufficient safety and quality to be provided under this Act, and
f
that the recommended action would provide good value for money.
2
If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable—
a
give the trust special administrator a notice of the decision and of the reasons for it;
b
give a copy of the notice to the regulator;
c
publish the notice;
d
lay a copy of it before Parliament.
65KCAction following Secretary of State's rejection of final report
1
Within the period of 20 working days beginning with the day on which the trust special administrator receives a notice under section 65KB(2), the administrator must provide to the regulator the final report varied so far as the administrator considers necessary to secure that the Secretary of State is satisfied as mentioned in section 65KB(1).
2
Where the administrator provides to the regulator a final report under subsection (1), section 65KA applies in relation to the report as it applies in relation to a final report under section 65I; and for that purpose, that section has effect as if—
a
in subsection (1), for “20 working days” there were substituted “10 working days”, and
b
subsection (3)(b) were omitted.
3
If the Secretary of State thinks that, in the circumstances, it is not reasonable for the administrator to be required to carry out the duty under subsection (1) within the period mentioned in that subsection, the Secretary of State may by order extend the period.
4
If an order is made under subsection (3), the administrator must—
a
publish a notice stating the date on which the period will expire, and
b
where the administrator is proposing to carry out consultation in response to the notice under section 65KB(2), publish a statement setting out the means by which the administrator will consult during the extended period.
65KDSecretary of State's response to re-submitted final report
1
Within the period of 30 working days beginning with the day on which the Secretary of State receives a final report under section 65KA(3) as applied by section 65KC(2), the Secretary of State must decide whether the Secretary of State is, in relation to the report, satisfied as to the matters in section 65KB(1)(a) to (f).
2
If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable—
a
publish a notice of the decision and the reasons for it;
b
lay a copy of the notice before Parliament.
3
Where the Secretary of State publishes a notice under subsection (2)(a), subsections (4) to (8) apply.
4
If the notice states that the Board has failed to discharge a function—
a
the Board is to be treated for the purposes of this Act as having failed to discharge the function, and
b
the failure is to be treated for those purposes as significant (and section 13Z2 applies accordingly).
5
If the notice states that a clinical commissioning group has failed to discharge a function—
a
the group is to be treated for the purposes of this Act as having failed to discharge the function,
b
the Secretary of State may exercise the functions of the Board under section 14Z21(2), (3)(a) and (8)(a), and
c
the Board may not exercise any of its functions under section 14Z21.
6
Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of the Board under subsection (3)(a) of section 14Z21, subsection (9)(a) of that section applies but with the substitution for the references to the Board of references to the Secretary of State.
7
If the notice states that the trust special administrator has failed to discharge the administration duties (within the meaning of section 65KA(1)(b))—
a
the administration duties are to be treated for the purposes of this Act as functions of the regulator,
b
the regulator is to be treated for the purposes of this Act as having failed to discharge those functions, and
c
the failure is to be treated for those purposes as significant (and section 71 of the Health and Social Care Act 2012 applies accordingly, but with the omission of subsection (3)).
8
If the notice states that the regulator has failed to discharge a function—
a
the regulator is to be treated for the purposes of this Act as having failed to discharge the function, and
b
the failure is to be treated for those purposes as significant (and section 71 of the Health and Social Care Act 2012 applies accordingly, but with the omission of subsection (3)).
9
Within the period of 60 working days beginning with the day on which the Secretary of State publishes a notice under subsection (2)(a), the Secretary of State must decide what action to take in relation to the trust.
10
The Secretary of State must as soon as reasonably practicable—
a
publish a notice of the decision and the reasons for it;
b
lay a copy of the notice before Parliament.
3
In section 65L of that Act (trusts coming out of administration), after subsection (2) insert—
2A
For the purposes of subsection (1) in its application to the case of an NHS foundation trust, the reference to section 65K is to be read as a reference to section 65KD(9); and this section also applies in the case of an NHS foundation trust if—
a
the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) in relation to the trust, and
b
the action recommended in the final report is to do something other than dissolve the trust.
2B
For the purposes of subsection (2) in its application to the case of an NHS foundation trust—
a
the reference to the Secretary of State is to be read as a reference to the regulator, and
b
the reference to the chairman and directors of the trust is to be read as including a reference to the governors.
4
Omit subsections (3) to (5) of that section.
5
At the end of that section insert—
6
Subsection (7) applies in the case of an NHS foundation trust.
7
If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
a
terminate the office of any governor or of any executive or non-executive director of the trust;
b
appoint a person to be a governor or an executive or non-executive director of the trust.
6
After that section insert—
65LATrusts to be dissolved
1
This section applies if—
a
the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
b
the action recommended in the final report is to dissolve the NHS foundation trust in question.
2
This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation trust in question.
3
The regulator may make an order—
a
dissolving the trust, and
b
transferring, or providing for the transfer of, the property and liabilities of the trust—
i
to another NHS foundation trust or the Secretary of State, or
ii
between another NHS foundation trust and the Secretary of State.
4
An order under subsection (3) may include provision for the transfer of employees of the trust.
5
The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include criminal liabilities.
7
For the cross-heading preceding section 65K substitute “Action by the Secretary of State and the regulator”.
I345178Sections 174 to 177: supplementary
1
At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator) insert—
3
For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator.
2
In section 65N of that Act (power to issue guidance), after subsection (2) insert—
2A
It must include guidance about the publication of—
a
notices under section 65KC(4)(a);
b
statements under section 65KC(4)(b).
3
At the end of that section insert—
4
For the purposes of this section in its application to cases of NHS foundation trusts, the reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.
4
In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”, after “65B(6)(a)” insert “, section 65D(2)”.
5
In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert
,
g
a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
h
a copy of any report laid under section 65D,
i
a copy of any information published under section 65D,
j
a copy of any draft report published under section 65F,
k
a copy of any statement provided under section 65F,
l
a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,
m
a copy of any statement published or provided under section 65G,
n
a copy of any final report published under section 65I,
o
a copy of any statement published under section 65J or 65KC,
p
a copy of any information published under section 65M.
6
In section 272 of that Act (orders etc.), in subsection (5), in paragraph (ab)—
a
after “65B(1),” insert “65D(2),”,
b
omit “65E(1),”,
c
after “65J(2),” insert “65KC(3),”, and
d
for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.
7
After subsection (6) insert—
6ZA
The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under Chapter 5A as if the regulator were a Minister of the Crown.
8
In subsection (6A) of that section—
a
after “65B(1),” insert “65D(2),”,
b
omit “65E(1),”,
c
after “65J(2),” insert “65KC(3),”,
d
after “65L(2) or (4)” insert “, 65LA(3)”, and
e
for “(4)” substitute “(7)”.
9
In section 275(1) of that Act (interpretation), in the definition of “NHS trust”, omit the words from “and” to the end.
10
In paragraph 22(1) of Schedule 7 to that Act (documents which must be made available to the public free of charge), at the end insert
,
g
a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
h
a copy of any report laid under section 65D,
i
a copy of any information published under section 65D,
j
a copy of any draft report published under section 65F,
k
a copy of any statement provided under section 65F,
l
a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD,
m
a copy of any statement published or provided under section 65G,
n
a copy of any final report published under section 65I,
o
a copy of any statement published under section 65J or 65KC,
p
a copy of any information published under section 65M.
11
In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit the words from “(including” to the end.
Abolition of NHS trusts
F280179Abolition of NHS trusts in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F281180Repeal of provisions on authorisation for NHS foundation trusts
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 5Public involvement and local government
CHAPTER 1Public involvement
Healthwatch England
181I50Healthwatch England
I2321
The Health and Social Care Act 2008 is amended as follows.
I2322
In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph 6, after sub-paragraph (1) insert—
1A
A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.
1B
The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.
I2323
After sub-paragraph (5) insert—
5A
Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.
5B
Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.
5C
Regulations under sub-paragraph (1A) may, in particular, make provision as to—
a
eligibility for appointment;
b
procedures for selecting or proposing persons for appointment.
5D
Regulations under sub-paragraph (1A) may, in particular, make provision as to—
a
the removal or suspension of members of the committee;
b
the payment of remuneration and allowances to members.
I257I5334
In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—
Healthwatch England and Local Healthwatch organisations
45AFunctions to be exercised by Healthwatch England
1
The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.
2
The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to—
a
the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);
b
the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);
c
the carrying-on of activities specified in section 221(2) of that Act.
3
The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.
4
The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion.
5
The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on—
a
the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and
b
the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.
6
The persons referred to in subsection (5) are—
a
the Secretary of State;
b
the National Health Service Commissioning Board;
c
Monitor;
d
English local authorities.
7
A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.
8
The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice.
9
The Commission must publish details of arrangements it makes under subsection (1) (including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection.
10
In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct.
45BConflicts of interest
1
In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.
2
In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.
3
In this section, “conflicts guidance” means guidance about managing conflicts between—
a
the exercise of functions by the Commission, and
b
the exercise of functions by the Healthwatch England committee on the Commission's behalf.
45CReports
1
As soon as possible after the end of each financial year, the Healthwatch England committee—
a
must make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), and
b
must publish a report on the way in which it has exercised during the year the functions exercisable by it.
2
The committee must—
a
lay before Parliament a copy of each report made under subsection (1)(b), and
b
send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.
3
The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate.
4
Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.
5
Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests.
6
In this section, “financial year” means—
a
the period beginning with the date on which the committee is appointed and ending with the following 31 March, and
b
each successive period of 12 months ending with 31 March.
I258I5335
In section 82 (failure by Commission to discharge functions), after subsection (1) insert—
1A
The Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State considers that the committee—
a
is failing or has failed to discharge a function under section 45A or any other function it is required to discharge, or
b
is failing or has failed properly to discharge a function under that section or any other function it is required to discharge,
and that the failure is significant.
I2336
In subsection (2) of that section—
a
after “(1)” insert “or (1A)”, and
b
after “the Commission” insert “or (as the case may be) the committee”.
I2337
In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or (1A)”.
I2338
In subsection (3) of that section—
a
after “the Commission” insert “or the committee”, and
b
after “(1)” insert “or (1A)”.
I2339
In subsection (4) of that section (inserted by section 294), after “(1)” insert “, (1A)”.
I23310
For the title to that section substitute “Failure by the Commission or Healthwatch England in discharge of functions”.
I23311
In section 83 (reports for each financial year etc), after subsection (1) insert—
1A
The reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A.
I23312
After subsection (2) of that section insert—
2A
The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned.
I23313
In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the Healthwatch England committee”—
a
Part 2 of Schedule 1 to the Public Records Act 1958,
b
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
c
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
I23314
The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.
Local Healthwatch organisations
I534182Activities relating to local care services
1
Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social services) is amended as follows.
2
In subsection (2)—
a
in each of paragraphs (a) to (c), before “people” insert “local”, and
b
omit the “and” preceding paragraph (d).
3
At the end of that paragraph, insert “and to the Healthwatch England committee of the Care Quality Commission.”
4
After that paragraph insert—
e
providing advice and information about access to local care services and about choices that may be made with respect to aspects of those services;
f
reaching views on the matters mentioned in subsection (3) and making those views known to the Healthwatch England committee of the Care Quality Commission;
g
making recommendations to that committee to advise the Commission about special reviews or investigations to conduct (or, where the circumstances justify doing so, making such recommendations direct to the Commission);
h
making recommendations to that committee to publish reports under section 45C(3) of the Health and Social Care Act 2008 about particular matters; and
i
giving that committee such assistance as it may require to enable it to carry out its functions effectively, efficiently and economically.
5
In subsection (3), after “(2)(b)” insert “and (f)”.
6
After that subsection insert—
3A
A person to whom views are made known or reports or recommendations are made under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports or recommendations.
7
After subsection (3A) insert—
3B
Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time.
8
In subsection (6), after the definition of “local care services” insert—
“local people”, in relation to a local authority, means—
a
people who live in the local authority's area,
b
people to whom care services are being or may be provided in that area,
c
people from that area to whom care services are being provided in any place, and
who are (taken together) representative of the people mentioned in paragraphs (a) to (c);
9
In the title to section 221, omit “: local involvement networks”.
10
For the cross-heading preceding that section substitute “Local arrangements”.
11
After section 45C of the Health and Social Care Act 2008 (inserted by section 181(4)), insert—
45DGranting licence to use trade mark
1
The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.
2
A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying-on of activities under Local Healthwatch arrangements.
3
In this section—
“Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,
“Local Healthwatch contractor” has the meaning given by section 223 of that Act, and
“registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.
I535183I51Local authority arrangements
1
Section 222 of the Local Government and Public Involvement in Health Act 2007 (arrangements under section 221 of that Act) is amended as follows.
2
For subsection (2) substitute—
2
The arrangements must be made with a body corporate which—
a
is a social enterprise, and
b
satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
2A
For so long as the arrangements are in force, the body with which they are made—
a
has the function of carrying on in A's area the activities specified in section 221(2), and
b
is to be known as the “Local Healthwatch organisation” for A's area.
2B
But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person—
a
to assist the organisation in carrying on in A's area some or all of the activities, or
b
(subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf.
3
In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable of being a Local Healthwatch organisation”.
4
For subsection (4) substitute—
4
The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board.
5
For subsection (5) substitute—
5
The arrangements may (in particular) make provision as respects co-operation between the Local Healthwatch organisation for the area and one or more other Local Healthwatch organisations.
6
After subsection (7) insert—
7A
A must exercise its functions under this Part so as to secure that the arrangements—
a
operate effectively, and
b
represent value for money.
7B
A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A).
7
For subsection (8) substitute—
8
For the purposes of this section, a body is a social enterprise if—
a
a person might reasonably consider that it acts for the benefit of the community in England, and
b
it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
9
Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England.
10
In subsections (8) and (9), “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community.
8
For the title to section 222 substitute “Local Healthwatch organisations”.
9
After section 222 insert—
222ALocal authority arrangements: conflicts of interest
1
In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State.
2
Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State.
3
In this section, “conflicts guidance” means guidance about managing conflicts between—
a
the making of arrangements under section 221(1), and
b
the carrying-on of the activities specified in section 221(2).
4
In this section, “Local Healthwatch arrangements” has the meaning given by section 222.
I536184I52Local arrangements: power to make further provision
1
Section 223 of the Local Government and Public Involvement in Health Act 2007 (power to make further provision about local authority arrangements) is amended as follows.
2
In subsection (1), for “require prescribed provision to be included in local involvement network arrangements” substitute “include prescribed provision”.
3
After that subsection insert—
1A
The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision.
4
In subsection (2)—
a
for “must require local involvement network arrangements to include” substitute “must include or (as the case may be) must require Local Healthwatch arrangements to include”,
b
in paragraphs (a), (c) and (d), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”, and
c
after paragraph (d) insert
;
e
prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf;
f
prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence;
g
prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates;
h
prescribed provision relating to the infringement of the trade mark to which a licence under that section relates;
i
prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—
i
people who live in the local authority's area,
ii
people to whom care services are being or may be provided in that area, and
iii
people from that area to whom care services are being provided in any place.
5
After subsection (2) insert—
2A
The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor—
a
only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2);
b
only in so far as it carries on such activities on the organisation's behalf.
2B
Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed.
6
In subsection (3)—
a
before the definition of “a local involvement network” insert—
“care services” has the meaning given by section 221;
b
omit the definition of “a local involvement network”,
c
for the definition of “local involvement network arrangements” substitute—
“Local Healthwatch arrangements” has the meaning given by section 222;
d
after that definition insert—
“Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;
e
after the definition of “prescribed provision” insert
;
trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.
I537185I53Independent advocacy services
1
After section 223 of the Local Government and Public Involvement in Health Act 2007 insert—
223AIndependent advocacy services
1
Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area.
2
In this section, “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make—
a
a complaint under a procedure operated by a health service body or independent provider;
b
a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;
c
a complaint to the Health Service Commissioner for England;
d
a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;
e
a complaint under section 73C(1) of the National Health Service Act 2006;
f
a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or
g
a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and—
i
is made under a procedure of a description prescribed in the regulations, or
ii
gives rise, or may give rise, to proceedings of a description prescribed in the regulations.
3
Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service.
4
Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation.
5
In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is—
a
the subject of a relevant complaint; or
b
involved in investigating or adjudicating on such a complaint.
6
A local authority may make payments to—
a
a person providing services under arrangements under this section;
b
a person arranging for the provision of services in pursuance of arrangements under this section;
c
a person providing services under arrangements made in pursuance of arrangements under this section.
7
The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services.
8
The Secretary of State may give directions to a local authority about the exercise of its functions under this section.
9
A direction under subsection (8) may be varied or revoked.
10
In this section—
“the health service” has the same meaning as in the National Health Service Act 2006;
“health service body” means—
- a
in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
- b
in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
“independent provider” means—
- a
in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;
- b
in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);
“Welsh health body” means—
- a
a Local Health Board,
- b
an NHS trust managing a hospital or other establishment or facility in Wales,
- c
a Special Health Authority not discharging functions only or mainly in England,
- d
an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
- e
a family health service provider in Wales (within the meaning of that Act), or
- f
a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.
2
Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements).
3
In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
4
In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
I538186Requests, rights of entry and referrals
1
Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to respond to requests for information etc.) is amended as follows.
2
In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
3
For subsection (3) substitute—
3
For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is done by that organisation—
a
in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2), or
b
in compliance with a requirement imposed by virtue of section 223(2)(i).
3A
For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).
4
After subsection (4) insert—
5
In this section—
“Local Healthwatch arrangements” has the meaning given by section 222;
“Local Healthwatch contractor” has the meaning given by section 223.
5
In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or contractors”.
6
Section 225 of that Act (duties of services-providers to allow entry to premises) is amended as follows.
7
In subsection (2), in paragraph (f), and in subsection (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
8
In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local Healthwatch arrangements”.
9
After subsection (5) insert—
5A
In this section—
“Local Healthwatch arrangements” has the meaning given by section 222;
“Local Healthwatch contractor” has the meaning given by section 223.
10
Omit subsection (6).
11
For the title to that section substitute “Duties of services-providers to allow entry by Local Healthwatch organisations or contractors”.
12
Section 226 of that Act (referrals of social care matters) is amended as follows.
13
In subsections (1) and (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
14
For subsection (7) substitute—
7
For the purposes of this section, something is done by a Local Healthwatch organisation if it is done by that organisation in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2).
7A
For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2).
15
In subsection (8), before the definition of “overview and scrutiny committee” insert—
“Local Healthwatch arrangements” has the meaning given by section 222;
“Local Healthwatch contractor” has the meaning given by section 223;
16
For the title to that section substitute “Referrals of social care matters”.
I539187Annual reports
1
Section 227 of the Local Government and Public Involvement in Health Act 2007 (annual reports) is amended as follows.
2
In subsection (2), omit “by a local authority with another person (“H”)”.
3
In that subsection, in paragraph (a)—
a
in sub-paragraph (i)—
i
omit “, for each local involvement network,”,
ii
for “the network”, in the first place it appears, substitute “the Local Healthwatch organisation”,
iii
for “the network”, in the second place it appears, substitute “the organisation”,
iv
after “carried on” insert “under the arrangements or arrangements made”,
b
omit sub-paragraph (ii), and
c
omit sub-paragraph (iii) and the preceding “and”.
4
In subsection (3)—
a
after paragraph (a) insert “and”,
b
in paragraph (b)—
i
omit the words from “, if it is” to “(2)(a)(ii)),”, and
ii
in sub-paragraph (i), for “H in respect of the network” substitute “the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”, and
c
omit paragraph (c) and the preceding “and”.
5
In subsection (4)—
a
after paragraph (a) insert—
aa
the National Health Service Commissioning Board;
ab
each clinical commissioning group, whose area or any part of whose area falls within the area of the local authority;
b
after paragraph (ca) insert—
cb
the Healthwatch England committee of the Care Quality Commission;
c
omit paragraph (d) (but not the following “and”).
6
In subsection (5)—
a
in paragraph (a)—
i
omit the words from the beginning to “(2)(a)(ii)),”,
ii
for “the network” substitute “the Local Healthwatch organisation”, and
iii
after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
b
omit paragraph (b) and the “and” preceding it.
7
Omit subsections (6) to (8).
8
In subsection (9), after the definition of “financial year” insert—
“Local Healthwatch contractor” has the meaning given by section 223;
9
For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.
I540188I54Transitional arrangements
1
This section applies where arrangements made under section 221 of the Local Government and Public Involvement in Health Act 2007 before the commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that commencement.
2
The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority's area.
3
A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
4
A scheme under this section may provide for the transfer of property, rights or liabilities—
a
whether or not they would otherwise be capable of being transferred;
b
irrespective of any requirement for consent that would otherwise apply.
5
A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
6
A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
a
treated as done by or in relation to the transferee or its employees;
b
continued by or in relation to the transferee or its employees.
7
A scheme under this section may in particular make provision about continuation of legal proceedings.
8
A scheme under this section may include provision requiring the local authority to pay compensation to the transferor; and for that purpose the scheme may—
a
impose a duty on the local authority to determine the amount of the compensation;
b
confer power on the Secretary of State to do so.
9
A scheme under this section may include supplementary, incidental and consequential provision.
10
Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional arrangements).
I541189Consequential provision
1
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—
bl
Local Healthwatch organisations, as regards the carrying-on of activities specified in section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);
2
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “
Director of a Local Healthwatch organisation.
”
3
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “
Director of a Local Healthwatch organisation.
”
4
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert—
35E
A Local Healthwatch organisation, in respect of information held in connection with—
a
arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or
b
arrangements made in pursuance of arrangements made under section 221(1) of that Act.
5
In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute—
e
a Local Healthwatch organisation;
6
In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)—
a
in subsection (1)(c)—
i
for “local involvement networks” substitute “Local Healthwatch organisations or Local Healthwatch contractors”, and
ii
omit “in their areas”; and
b
for subsection (3) substitute—
3
In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.
CHAPTER 2Local government
Scrutiny functions of local authorities
190I55Scrutiny functions of local authorities
I4381
Section 244 of the National Health Service Act 2006 is amended as follows.
I4382
In subsection (2)—
a
omit “an overview and scrutiny committee of”,
b
for “the committee” (in each place where it occurs) substitute “the authority”,
c
for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant health service providers”,
d
for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or relevant health service provider”,
e
omit the words in brackets in paragraph (c), and
f
in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,”.
I4383
After subsection (2) insert—
2ZA
If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant NHS bodies or relevant health service providers must consult the authority, the regulations may also make provision—
a
as to circumstances in which the authority may refer any of those matters to the Secretary of State, the regulator or the Board;
b
conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a);
c
conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so referred;
d
conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter referred to the Board by virtue of regulations under paragraph (a);
e
conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by virtue of regulations under paragraph (c) or (d).
2ZB
The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to require the person to whom the direction is given—
a
to consult (or consult further) with the authority on the matter in question;
b
to determine the matter in a particular way;
c
to take, or not to take, any other steps in relation to the matter.
2ZC
If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the Secretary of State, the regulator or the Board, the regulations may also provide for any provision of section 101 of the Local Government Act 1972—
a
not to apply in relation to the discharge by the authority of that function, or
b
to apply in relation to its discharge with such modifications as may be prescribed.
2ZD
Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000).
2ZE
Regulations under this section may authorise a local authority to arrange for its functions under the regulations to be discharged by an overview and scrutiny committee of the authority.
I4384
For subsection (3) substitute—
3
For the purposes of subsections (2) and (2ZA)—
“relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;
“relevant health service provider”, in relation to an authority to which this section applies, means a body or person which—
- a
provides services in pursuance of arrangements made—
- i
by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
- ii
by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
- iii
by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and
- b
is prescribed, or is of a description prescribed, for those purposes in relation to the authority.
I4385
After subsection (3) insert—
3A
In subsection (2)(f) “member”—
a
in relation to a clinical commissioning group, includes a person who is not a member of the group but is a member of a committee or sub-committee of it;
b
in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it;
c
in relation to an NHS trust, means a director of the trust;
d
in relation to an NHS foundation trust, means a director or governor of the trust.
3B
For the purposes of subsection (2)(f)—
a
a member of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as a member of the group or (as the case may be) relevant health service provider, and
b
an employee of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as an employee of the group or (as the case may be) relevant health service provider.
I4386
In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.
I4387
For the heading to section 244 substitute “Review and scrutiny by local authorities”.
I4388
For the title to Chapter 3 of Part 12 of the National Health Service Act 2006 substitute “Review and scrutiny by local authorities”.
9
Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act 2011, section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows—
a
in subsection (2)(f)—
i
omit “section 244 of the National Health Service Act 2006 or”,
ii
for “either of those sections” substitute “that section”,
iii
for “the Act concerned” substitute “that Act”, and
iv
for “the section concerned” substitute “that section”,
b
omit subsection (2A)(a) and (b), and
c
in subsection (4) at the end insert “or under section 244(2ZE) of the National Health Service Act 2006.”
I43810
In section 9F of the Local Government Act 2000 (overview and scrutiny committees) (as inserted by Schedule 2 to the Localism Act 2011)—
a
omit subsection (2)(f),
b
omit subsection (3)(a) and (b), and
c
in subsection (5) omit the word “or” following paragraph (a) and after paragraph (b) insert
or
c
any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters).
I542191Amendments consequential on section 190
1
Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4).
2
In subsection (1) for the words from “relevant functions” to the end of the subsection substitute “ “relevant functions” means functions under regulations under section 244(2) to (2ZC).”
3
In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.
4
After subsection (4) insert—
4A
The regulations may provide that, where a relevant function in relation to a local authority is exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(a), the local authority may not discharge the function.
5
Omit subsections (5) and (9).
6
Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).
7
In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).”
8
In subsection (5) for “overview and scrutiny committees” substitute “local authorities”.
9
In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating to functions of local authorities by virtue of section 244”.
10
Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13).
11
For subsection (1) substitute—
1
This section applies to a committee of the Common Council appointed to exercise functions that the Council has under regulations under section 244(2) to (2ZC).
12
In subsection (2)—
a
for the words from the beginning to “apply” substitute “Section 245(2)(b) and (c) applies”, and
b
omit the words from “and as if” to the end of the subsection.
13
In subsection (4)—
a
for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
b
for the words from “in the case of the committee” to the end of the subsection substitute “in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.”
14
Omit section 247A (application to local authorities without overview and scrutiny committees).
15
In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.
Joint strategic needs assessments and strategies
I543192Joint strategic needs assessments
1
Section 116 of the Local Government and Public Involvement in Health Act 2007 (health and social care: joint strategic needs assessments) is amended as follows.
2
In subsection (4), for paragraph (b) substitute—
b
each of its partner clinical commissioning groups,
3
In subsection (6)—
a
for “for which a partner PCT acts” substitute “of a partner clinical commissioning group”,
b
for “the partner PCT” substitute “the partner clinical commissioning group”, and
c
after “a need” insert “or to be likely to be a need”.
4
In subsection (7)—
a
in paragraph (a)(ii) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”, and
b
in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”.
5
In subsection (8)—
a
for “each partner PCT” substitute “each of its partner clinical commissioning groups”,
b
after paragraph (b) (but before the “and” immediately following it) insert—
ba
involve the Local Healthwatch organisation for the area of the responsible local authority;
bb
involve the people who live or work in that area;
c
in paragraph (c) for “consult” substitute “involve”.
6
After subsection (8) insert—
8A
In preparing an assessment under this section, the responsible local authority or a partner clinical commissioning group may consult any person it thinks appropriate.
7
In subsection (9)—
a
for the definition of “partner PCT” substitute—
“partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;
b
in the definition of “relevant district council”, in paragraph (b)—
i
for “a partner PCT” substitute “a partner clinical commissioning group”, and
ii
for “the area for which the partner PCT acts” substitute “the area of the clinical commissioning group.
I544193Joint health and wellbeing strategies
After section 116 of the Local Government and Public Involvement in Health Act 2007 insert—
116AHealth and social care: joint health and wellbeing strategies
1
This section applies where an assessment of relevant needs is prepared under section 116 by a responsible local authority and each of its partner clinical commissioning groups.
2
The responsible local authority and each of its partner clinical commissioning groups must prepare a strategy for meeting the needs included in the assessment by the exercise of functions of the authority, the National Health Service Commissioning Board or the clinical commissioning groups (“a joint health and wellbeing strategy”).
3
In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way).
4
In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must have regard to—
a
the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and
b
any guidance issued by the Secretary of State.
5
In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must—
a
involve the Local Healthwatch organisation for the area of the responsible local authority, and
b
involve the people who live or work in that area.
6
The responsible local authority must publish each strategy prepared by it under this section.
7
The responsible local authority and each of its partner clinical commissioning groups may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area.
8
In this section and section 116B—
a
“partner clinical commissioning group”, in relation to a responsible local authority, has the same meaning as in section 116, and
b
“health services”, “health-related services” and “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012.
116BDuty to have regard to assessments and strategies
1
A responsible local authority and each of its partner clinical commissioning groups must, in exercising any functions, have regard to—
a
any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and
b
any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.
2
The National Health Service Commissioning Board must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to—
a
any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and
b
any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.
Health and Wellbeing Boards: establishment
I545194I56Establishment of Health and Wellbeing Boards
1
A local authority must establish a Health and Wellbeing Board for its area.
2
The Health and Wellbeing Board is to consist of—
a
subject to subsection (4), at least one councillor of the local authority, nominated in accordance with subsection (3),
b
the director of adult social services for the local authority,
c
the director of children's services for the local authority,
d
the director of public health for the local authority,
e
a representative of the Local Healthwatch organisation for the area of the local authority,
f
a representative of each relevant F282integrated care board, and
g
such other persons, or representatives of such other persons, as the local authority thinks appropriate.
3
A nomination for the purposes of subsection (2)(a) must be made—
a
in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader of the local authority;
b
in any other case, by the local authority.
4
In the case of a local authority operating executive arrangements, the elected mayor or the executive leader of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a member of the Board.
5
The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it on the Health and Wellbeing Board.
6
A relevant F283integrated care board must appoint a person to represent it on the Health and Wellbeing Board.
7
A person may, with the agreement of the Health and Wellbeing Board, represent more than one F284integrated care board on the Board.
8
The Health and Wellbeing Board may appoint such additional persons to be members of the Board as it thinks appropriate.
9
At any time after a Health and Wellbeing Board is established, a local authority must, before appointing another person to be a member of the Board under subsection (2)(g), consult the Health and Wellbeing Board.
10
A relevant F285integrated care board must co-operate with the Health and Wellbeing Board in the exercise of the functions of the Board.
11
A Health and Wellbeing Board is a committee of the local authority which established it and, for the purposes of any enactment, is to be treated as if it were a committee appointed by that authority under section 102 of the Local Government Act 1972.
12
But regulations may provide that any enactment relating to a committee appointed under section 102 of that Act of 1972—
a
does not apply in relation to a Health and Wellbeing Board, or
b
applies in relation to it with such modifications as may be prescribed in the regulations.
13
In this section—
a
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
b
“elected mayor”, “executive arrangements” and “executive leader”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000;
14
In this section and in sections 195 to 199, “local authority” means—
a
a county council in England;
b
a district council in England, other than a council for a district in a county for which there is a county council;
c
a London borough council;
d
the Council of the Isles of Scilly;
e
the Common Council of the City of London in its capacity as a local authority.
Health and Wellbeing Boards: functions
I546195Duty to encourage integrated working
1
A Health and Wellbeing Board must, for the purpose of advancing the health and wellbeing of the people in its area, encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner.
2
A Health and Wellbeing Board must, in particular, provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services.
3
A Health and Wellbeing Board may encourage persons who arrange for the provision of any health-related services in its area to work closely with the Health and Wellbeing Board.
4
A Health and Wellbeing Board may encourage persons who arrange for the provision of any health or social care services in its area and persons who arrange for the provision of any health-related services in its area to work closely together.
5
Any reference in this section to the area of a Health and Wellbeing Board is a reference to the area of the local authority that established it.
6
In this section—
“the health service” has the same meaning as in the National Health Service Act 2006;
“health services” means services that are provided as part of the health service in England;
“health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;
“social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
I547196Other functions of Health and Wellbeing Boards
1
The functions of a local authority and its partner F288integrated care boards under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board established by the local authority.
2
A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that are exercisable by the authority.
3
A Health and Wellbeing Board may give the local authority that established it its opinion on whether the authority is discharging its duty under section 116B of the 2007 Act.
4
The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244 of the National Health Service Act 2006.
Health and Wellbeing Boards: supplementary
I548197Participation of F89NHS England
1
Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
a
an assessment of relevant needs under section 116 of the Local Government and Public Involvement in Health Act 2007, or
b
a strategy under section 116A of that Act.
2
F287NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case may be) the strategy.
3
Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise or proposed exercise of the commissioning functions of F287NHS England in relation to the area of the authority that established the Health and Wellbeing Board.
4
If the Health and Wellbeing Board so requests, F287NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the matter.
5
The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a person who is not a member or employee of F287NHS England.
C16
In this section—
“commissioning functions”, in relation to F287NHS England, means the functions of F287NHS England in arranging for the provision of services as part of the health service in England F289(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person);
“the health service” has the same meaning as in the National Health Service Act 2006.
I549198Discharge of functions of Health and Wellbeing Boards
Two or more Health and Wellbeing Boards may make arrangements for—
a
any of their functions to be exercisable jointly;
b
any of their functions to be exercisable by a joint sub-committee of the Boards;
c
a joint sub-committee of the Boards to advise them on any matter related to the exercise of their functions.
I550199Supply of information to Health and Wellbeing Boards
1
A Health and Wellbeing Board may, for the purpose of enabling or assisting it to perform its functions, request any of the following persons to supply it with such information as may be specified in the request—
a
the local authority that established the Health and Wellbeing Board;
b
any person who is represented on the Health and Wellbeing Board by virtue of section 194(2)(e) to (g) or (8);
c
any person who is a member of a Health and Wellbeing Board by virtue of section 194(2)(g) or (8) but is not acting as a representative.
2
A person who is requested to supply information under subsection (1) must comply with the request.
3
Information supplied to a Health and Wellbeing Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.
F290C2C54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Care Trusts
I551200I57Care Trusts
1
In section 77 of the National Health Service Act 2006 (Care Trusts), in subsection (1)—
a
in paragraph (a), after “an NHS trust” insert “or a clinical commissioning group or an NHS foundation trust”,
b
omit the “and” preceding paragraph (b),
c
in paragraph (b), for “the Secretary of State considers” substitute “the body and the local authority concerned consider”,
d
in that paragraph, for “a local authority” substitute “the local authority”,
e
after paragraph (b), insert
, and
c
the requirements in subsection (1A) are satisfied,
f
for “the Secretary of State may” substitute “the body and the local authority may jointly”.
2
After that subsection insert—
1A
The body and the local authority must, before designating the body as a Care Trust under this section—
a
publish in the prescribed form and manner—
i
the reasons why they consider that the proposed designation would be likely to have the result mentioned in subsection (1)(b), and
ii
information about the proposed governance arrangements of the Care Trust, and
b
consult on the proposed designation in accordance with regulations.
1B
Where a body has been designated as a Care Trust under this section, the body and the local authority must notify prescribed persons of the designation.
3
Omit subsections (2) and (3) of that section.
4
In subsection (4) of that section—
a
for “The direction is that while the body is designated it” substitute “A body designated as a Care Trust under this section”,
b
for “specified in the direction” substitute “agreed”,
c
for “so specified” substitute “so agreed”, and
d
at the end insert “; and “agreed” means agreed by the body and the local authority”.
5
For subsection (5) of that section substitute—
5
Where a body is designated as a Care Trust under this section, the body and the local authority may jointly revoke that designation.
5A
Before revoking a designation as a Care Trust under this section, the body and the local authority must consult on the proposed revocation of the designation in accordance with regulations.
5B
Where the designation of a body as a Care Trust under this section has been revoked, the body and the local authority must notify prescribed persons of the revocation.
6
After subsection (5B) of that section insert—
5C
Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local authority to publish prescribed information following a consultation.
7
After subsection (5C) of that section insert—
5D
Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make arrangements for the function to be discharged—
a
by both of them acting jointly,
b
by each of them acting separately, or
c
by one of them acting on behalf of both of them.
8
Omit subsection (6) of that section.
9
Omit subsection (7) of that section.
10
In subsection (9) of that section—
a
omit paragraph (a),
b
omit paragraph (b),
c
omit paragraph (c), and
d
in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
11
In subsection (10) of that section, after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
12
In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
13
Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the National Health Service Act 2006 before the commencement of those subsections.
14
A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its designation as a Care Trust revoked must notify the Secretary of State of that revocation.
F29115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 3The Health Service Commissioner for England
I120201Disclosure of reports etc. by the Health Service Commissioner
In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H) insert—
2I
Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate.
PART 6Primary care services
I552202Medical services: minor amendments
1
In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services contracts), in subsection (3), in paragraphs (a) and (b), before “legally and beneficially” insert “both”.
2
In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for “may make” substitute “must make”.
3
In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act for the provision of primary medical services), in the definition of “qualifying body” in subsection (3), before “legally and beneficially” insert “both”.
I553203Persons eligible to enter into general dental services contracts
1
Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services contracts) is amended as follows.
2
In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
3
After that subsection insert
,
d
a limited liability partnership where the conditions in subsection (2A) are satisfied.
4
In subsection (2), for paragraph (b) substitute—
b
subsection (3A) or (3B) applies.
5
After that subsection insert—
2A
The conditions referred to in subsection (1)(d) are that—
a
at least one member is a dental practitioner, and
b
subsection (3A) or (3B) applies.
6
After subsection (3) insert—
3A
This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes.
3B
This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C).
7
After subsection (3B) insert—
3C
A person falls within this subsection if the person is—
a
an NHS employee,
b
a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee,
c
a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006, or
d
an individual falling within section 108(1)(d).
I554204I58Arrangements under section 107 of the National Health Service Act 2006
1
Section 108 of the National Health Service Act 2006 (persons with whom section 107 arrangements may be made) is amended as follows.
2
In subsection (1)—
a
before “make an agreement” insert “, subject to such conditions as may be prescribed,”,
b
in each of paragraphs (b) and (c), omit “who meets the prescribed conditions”,
c
for paragraph (f) substitute—
f
a dental corporation,
d
after paragraph (f) insert—
fa
a company limited by shares where the conditions in subsection (1A) are satisfied,
fb
a limited liability partnership where subsection (1B) or (1C) applies,
3
After subsection (1) insert—
1A
The conditions referred to in subsection (1)(fa) are that—
a
every person who owns a share in the company owns it both legally and beneficially, and
b
it is not possible for two or more members of the company who are not persons who fall within subsection (1)(a) to (e) to hold the majority of the voting rights conferred by shares in the company on any matter on which members have such rights.
4
After subsection (1A) insert—
1B
This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership's affairs are conducted in accordance with that member's wishes.
1C
This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e).
5
Omit subsection (2).
6
In subsection (3)—
a
at the appropriate place insert—
“dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,
b
omit the definition of “qualifying body”.
I555205Payments in respect of costs of sight tests
1
Section 180 of the National Health Service Act 2006 (payments in respect of costs of optical appliances) is amended as follows.
2
In subsection (3), before paragraph (a) insert—
za
provide for payments to be made by the Board to meet, or to contribute towards, any cost accepted by the Board as having been incurred for the cost of a sight test of a person who—
i
falls within section 115(2)(c), but
ii
at the time of the test has not been issued with a notice by the Secretary of State of entitlement to receive assistance in respect of the cost of a sight test (or has been issued with such a notice but has yet to receive it),
3
After that subsection insert—
3A
The amount of a payment by virtue of subsection (3)(za) or (a) must not exceed the amount for the time being set in regulations under this section as the applicable fee in the case in question for the provision of the sight-testing service under section 115(1)(a).
I556206Pharmaceutical needs assessments
1
In section 128A of the National Health Service Act 2006 (pharmaceutical needs assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
2
In section 24 of that Act (plans for improving health etc.), at the end of subsection (8)(a) (but before the following “, and”) insert “(other than pharmaceutical services or local pharmaceutical services)”.
3
In section 24A of that Act (report on consultation), in subsection (2), for “Parts 4 to 7” substitute “Parts 4 to 6”.
4
In section 242 of that Act (public involvement and consultation), in subsection (1F), after “(1E),” insert
—
a
health services” does not include pharmaceutical services or local pharmaceutical services, and
b
5
In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or local pharmaceutical services”.
I557207I59Control of entry on pharmaceutical lists
I4391
Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows.
I4392
In subsection (2), in paragraph (c)—
a
for “must be granted if” substitute “may be granted only if”, and
b
omit the words from “and may otherwise” to the end.
I4393
After that subsection insert—
2ZA
The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a).
I4394
In subsection (2A)—
a
for “its needs statement” substitute “the needs statement for the relevant area”, and
b
for the words from “it is necessary” to the end substitute
to grant the application would—
a
meet a need in that area for the services or some of the services specified in the application, or
b
secure improvements, or better access, to pharmaceutical services in that area.
I4395
For subsection (2B) substitute—
2B
In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.
I4396
In subsection (2C), for “(2B)” substitute “(2A)”.
I4397
In subsection (4)(c), omit “or (2B)”.
I1218
In subsection (6)(g)—
a
after “grounds on which” insert “or circumstances in which”,
b
before “may, or must,” insert
—
i
c
at the end insert
,
ii
may, or must, remove a person or an entry in respect of premises from a pharmaceutical list
I4399
In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
I12110
In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)—
a
after “an application” insert “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and
b
omit “(by way of redetermination)”.
I43911
In section 136 of that Act (designation of priority neighbourhoods or premises)—
a
in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b
after subsection (3) insert—
4
Relevant area” has the same meaning as in section 129(2A).
I43912
In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2—
a
in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b
after sub-paragraph (3) insert—
4
Relevant area” has the same meaning as in section 129(2A).
208I60Lists of performers of pharmaceutical services and assistants etc.
1
Omit the following provisions of the National Health Service Act 2006—
a
section 146 (lists of persons performing local pharmaceutical services) and the preceding cross-heading,
b
section 149 (supplementary lists), and
c
section 150 (further provision about supplementary lists).
2
After section 147 of that Act insert—
CHAPTER 4ALists of performers of pharmaceutical services and assistants
147APerformers of pharmaceutical services and assistants
1
Regulations may make provision for the preparation, maintenance and publication by the Board of one or more lists of—
a
persons approved by the Board for the purpose of assisting in the provision of pharmaceutical services which the Board arranges;
b
persons approved by the Board for the purpose of performing local pharmaceutical services.
2
The regulations may, in particular, provide that—
a
a person of a prescribed description may not assist in the provision of pharmaceutical services which the Board arranges unless the person is included in a list prepared by virtue of subsection (1)(a),
b
a person of a prescribed description may not perform local pharmaceutical services unless the person is included in a list prepared by virtue of subsection (1)(b).
3
The regulations may, in particular, also include provision as to—
a
the preparation, maintenance and publication of a list,
b
eligibility for inclusion in a list,
c
applications for inclusion (including provision for the procedure for applications and the documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
d
the grounds on which an application for inclusion may or must be granted or refused or on which a decision on such an application may be deferred,
e
requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
f
the grounds on which the Board may or must suspend or remove a person from a list, the procedure for doing so, and the consequences of doing so,
g
circumstances in which a person included in a list may not withdraw from it,
h
payments to or in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed by the Secretary of State),
i
the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
j
the criteria to be applied in making decisions under the regulations,
k
appeals against decisions made by the Board under the regulations, and
l
disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
4
Regulations under this section may, in particular, also provide that approval for the purposes of either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to be read accordingly).
5
Regulations under this section may, in particular, also provide for—
a
a person's inclusion in a list to be subject to conditions determined by the Board,
b
the Board to vary the conditions or impose different ones,
c
the consequences of failing to comply with a condition (including suspension or removal from a list),
d
the review by the Board of decisions made by it by virtue of the regulations.
6
The imposition of such conditions must be with a view to—
a
preventing any prejudice to the efficiency of the services to which a list relates, or
b
preventing any acts or omissions of the type described in section 151(3)(a).
7
If the regulations provide under subsection (3)(f) or (5) that the Board may suspend or remove a person (P) from a list, they must include provision—
a
requiring P to be given notice of any allegation against P,
b
giving P the opportunity of putting P's case at a hearing before the Board makes any decision as to P's suspension or removal, and
c
requiring P to be given notice of the decision of the Board, the reasons for it and any right of appeal under subsection (8) or (9).
8
If the regulations provide under subsection (3)(d) or (f) that the Board may refuse a person's application for inclusion in a list, or remove a person from one, the regulations must provide for an appeal to the First-tier Tribunal against the decision of the Board.
9
If the regulations make provision under subsection (5), they must provide for an appeal by the person in question to the First-tier tribunal against the decision of the Board—
a
to impose conditions, or any particular condition,
b
to vary a condition,
c
to remove the person from the list for breach of condition,
d
on any review of an earlier such decision of the Board.
10
Regulations making provision as to the matters referred to in subsection (3)(l) may, in particular, authorise the disclosure of information—
a
by the Board to the Secretary of State, and
b
by the Secretary of State to the Board.
147BFurther provision about regulations under section 147A
1
Regulations under section 147A may require a person (A) included in—
a
a pharmaceutical list, or
b
a list under section 132(3) (provision of drugs, medicines or listed appliances),
not to employ or engage a person (B) to assist A in the provision of the service to which the list relates unless B is included in a list mentioned in subsection (2).
2
The lists are—
a
a list referred to in subsection (1),
b
a list under section 147A,
c
a list under section 91, 106 or 123,
d
a list corresponding to a list under section 91 prepared by the Board by virtue of regulations made under section 145,
e
a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by a Local Health Board under or by virtue of the National Health Service (Wales) Act 2006,
or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed description.
3
If regulations do so require, they may, in particular, require that both A and B be included in lists prepared by the Board.
3
For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional inclusion in pharmaceutical lists”.
4
In section 159 of that Act (national disqualification), in subsection (1)—
a
omit paragraph (b), and
b
in paragraph (d), for “section 146” substitute “section 147A”.
5
In section 276 of that Act (index of defined expressions), omit the entry for “supplementary list”.
6
In Schedule 17 to that Act (exempt information relating to health services), in paragraph 13(1)(b), for “146” substitute “147A”.
7
Regulations under section 146 or 149 of that Act having effect immediately before the commencement of subsection (1) of this section are, despite the repeals made by that subsection, to continue to have effect as if they had been made under section 147A of that Act (as inserted by subsection (2) of this section).
PART 7Regulation of health and social care workers
Orders under section 60 of the Health Act 1999
I162209Power to regulate social workers etc. in England
1
Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows.
2
In subsection (1), after paragraph (b) insert—
ba
regulating the social work profession in England,
bb
modifying the regulation of the social work profession in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which it provides or to which it contributes,
3
In that subsection, after paragraph (bb) insert—
bc
regulating social care workers in England who appear to Her to require regulation in pursuance of this section,
bd
modifying the regulation of social care workers in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving their regulation or the services which they provide or to which they contribute,
4
In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession in England)”.
5
After that subsection insert—
2ZA
In subsections (1) and (2), “the social work profession in England” means the profession engaged in social work in England; and for the purposes of this section, “social work in England” means social work which is required in connection with any health, education or social services provided in England.
6
After subsection (2ZA) insert—
2ZB
In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care work in England.
2ZC
For that purpose, “social care work in England” means work (other than social work in England) that is of any of the following descriptions—
a
employment at a children's home, care home or residential family centre in England,
b
management of a home or centre of a kind mentioned in paragraph (a),
c
employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption agency or adoption support agency, in so far as the agency provides services to persons in England,
d
management of an agency of a kind mentioned in paragraph (c),
e
work for the purposes of the social services functions of a local authority whose area is in England,
f
the provision in England of services similar to services which may or must be provided by a local authority in the exercise of its social services functions,
g
the provision of personal care for persons in England,
h
employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England,
i
management of an undertaking of the kind mentioned in paragraph (h),
j
employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes),
k
employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under—
i
section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
ii
section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
iii
section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
l
employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part),
m
management of staff mentioned in paragraph (k) or (l),
n
employment at a day centre in England,
o
participation in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in England.
7
After subsection (2ZC) insert—
2ZD
An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning in that subsection as it has in that section.
8
After subsection (2ZD) insert—
2ZE
The exercise of functions of an approved mental health professional by a member of a profession to which subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work profession in England.
9
After subsection (2ZE) insert—
2ZF
In this section, “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983.
10
For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social workers, other care workers etc.”.
11
In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person's fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.
12
After that subsection insert—
2A
The matters are—
a
a person's fitness to practise a profession to which section 60(2) applies;
b
a person's fitness to practise the social work profession in England (within the meaning given by section 60);
c
a person's suitability to remain registered as a social care worker in England (within the meaning given by that section).
13
In subsection (3) of that section, at the end insert “or the social work profession in England (within the meaning given in section 60(2ZA)”.
I163210Training etc. of approved mental health professionals in England
In section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph (e) insert—
ea
modifying the functions, powers or duties of the Health and Care Professions Council that relate to the education and training of persons who are or wish to become approved mental health professionals,
I164211I61Orders regulating social care workers in England: further provision
1
Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under section 60 of that Act) is amended as follows.
2
After paragraph 1 (matters generally within the scope of the Orders) insert—
1A
An Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)—
a
the establishment and continuance of a regulatory body,
b
the functions of the Health and Care Professions Council or of another regulatory body,
c
keeping registers of social care workers in England of any description,
d
privileges of registered persons,
e
education and training,
f
standards of conduct and performance,
g
discipline,
h
removal or suspension from registration or the imposition of conditions on registration,
i
investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body,
j
appeals,
k
default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body.
3
After paragraph 1A insert—
1B
The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional.
4
In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-paragraph (1), for paragraph (c) substitute—
c
the Health and Care Professions Council,
5
In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph (2) insert—
2ZA
Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person other than that body or any of its committees or officers to exercise that function.
2ZB
The functions are—
a
keeping the registers of social care workers in England of any description,
b
determining standards of education and training required as a condition of registration,
c
giving advice about standards of conduct and performance.
6
In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)—
a
after “represent any profession” insert “or any social care workers in England”, and
b
after “by any profession” insert “or any social care workers in England”.
7
In paragraph 10 (interpretation)—
a
at the appropriate place insert the following—
“social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,
b
in the definition of “regulatory body”—
i
after “any profession” insert “or any social care workers in England”, and
ii
after “the profession” insert “or the social care workers in England concerned”.
8
In paragraph 11 (application), after sub-paragraph (2) insert—
2A
References in section 60 and this Schedule to regulation, in relation to social care workers in England, include—
a
the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England,
b
the regulation of activities carried on by persons who are not social care workers in England (or members of the social work profession in England) but which are carried on in connection with social care work in England.
The General Social Care Council
212Abolition of the General Social Care Council
I2591
The General Social Care Council is abolished.
I1652
In section 54 of the Care Standards Act 2000 (the Care Councils)—
a
in subsection (1), omit paragraph (a) and the “and” following it,
b
in that subsection, for “conferred on them” substitute “conferred on it”,
c
omit subsection (2),
d
in subsection (4), for “Each Council” substitute “The Welsh Council”,
e
in subsection (6), for “a Council” substitute “the Welsh Council”, and
f
omit subsection (7).
I1653
For the title to that section substitute “The Care Council for Wales”.
The Health and Care Professions Council
F71213Regulation of social workers in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I166214The Health and Care Professions Council
1
The body corporate known as the Health Professions Council—
a
is to continue to exist, and
b
is to change its name to the Health and Care Professions Council.
2
In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute—
1
The Health and Care Professions Council is referred to in this Order as “the Council”.
3
For the title to that article substitute “The Health and Care Professions Council and its Committees”.
4
In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
F72215Functions of the Council in relation to social work in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73216Appeals in cases involving social workers in England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I167217Approval of courses for approved mental health professionals
1
Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.
2
Before section 114A insert—
114ZAApproval of courses: England
1
The Health and Care Professions Council may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England.
2
The Council must publish a list of—
a
the courses which are approved under this section, and
b
the courses which have been, but are no longer, approved under this section and the periods for which they were so approved.
3
The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.
4
Where the function under subsection (1) is, in accordance with the Health and Social Work Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another person to exercise the function on the Council's behalf.
3
In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after “section” insert “114ZA or”.
4
Section 114A (approval of courses) is amended as follows.
5
For subsection (1) substitute—
1
The Care Council for Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales.
6
Omit subsection (3).
7
In subsection (5), omit “General Social Care Council and the”.
8
For the title to that section substitute “Approval of courses: Wales”.
I168218Exercise of function of approving courses, etc.
1
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
2
In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
3
After paragraph (5) of that article insert—
5ZA
In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants.
4
In article 14 (the Council's education and training committee), after sub-paragraph (b) insert—
ba
the setting of criteria under article 15B;
5
After article 15 insert—
Exercise of function of approving courses for approved mental health professionals15A
1
The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) is exercisable by the Education and Training Committee.
2
In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in relation to courses run by institutions which are approved in accordance with article 15B(3).
3
In this article and articles 15B to 18, “AMHP course” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983.
Criteria for approving courses for approved mental health professionals15B
1
The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental Health Act 1983.
2
The Education and Training Committee must—
a
ensure that universities and other bodies in the United Kingdom concerned with the provision of AMHP courses are notified of the criteria set under paragraph (1); and
b
take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria.
3
In performing the function under paragraph (2)(b), the Committee may, in particular, approve or arrange with others to approve institutions which the Committee considers to be properly organised and equipped for conducting AMHP courses.
4
The Council must from time to time publish a statement of the criteria set under paragraph (1).
5
An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or training.
6
In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”
7
In article 17 (information), after paragraph (3) insert—
3A
The reference in paragraph (3) to the functions of the Committee under this Order includes a reference to the function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals) in so far as that function is exercisable by the Committee.
8
In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—
1A
Where as a result of any visitor's report or other information acquired by the Committee or the Council, and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set under article 15B(1), it may refuse to approve, or withdraw approval from, the course.
9
In that article—
a
in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
b
in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
10
In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.
11
In article 45 (finances of the Council), after paragraph (3) insert—
3A
The Secretary of State may make grants or loans to the Council towards expenses incurred, or to be incurred by it, in connection with the exercise of its functions in relation to persons who are, or wish to become, approved mental health professionals in England.
219Arrangements with other health or social care regulators
1
After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—
Arrangements with other persons who maintain registers of health or social care workers44A
1
The Council may make arrangements with any relevant person for the Council to provide administrative, technical or advisory services to that person.
2
A relevant person is a person or group of persons (whether inside or outside the United Kingdom) who maintain—
a
a register of members of a profession engaged in the provision of health care,
b
a register of persons engaged in, but who are not members of a profession engaged in, the provision of health care,
c
a register of members of the social work profession, or
d
a register of persons engaged in social care work.
2
In Schedule 3 to that Order (interpretation), at the appropriate place, insert—
“health care” includes—
a
all forms of health care for individuals, whether relating to physical or mental health, and
b
procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
I169220References in enactments to registered health professionals, etc.
1
In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert—
1ZA
Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
2
In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical services), after subsection (1B) insert—
1C
Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
3
In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert—
11A
But subsection (11) does not apply to a person in so far as the person is required to register under the Health and Social Work Professions Order 2001 as a member of the social work profession in England (within the meaning of section 60 of the Health Act 1999).
4
In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the Notes, after Note (2) insert—
2ZA
Paragraph (c) of item 1 does not include supplies of services made by a person in the capacity of a registered member of the social work profession in England (within the meaning of section 60 of the Health Act 1999).
5
In section 69 of the Data Protection Act 1998 (meaning of “health professional”), at the end of paragraph (h) of subsection (1), insert “, except in so far as the person is registered as a social worker in England (within the meaning of that Order)”.
6
In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after subsection (3) insert—
3A
A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to—
a
the social work profession in England, or
b
social care workers in England.
3B
For the purposes of subsection (3A)—
“enactment” means an enactment contained in—
- a
an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), or
- b
subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and
“the social work profession in England” and “social care workers in England” have the meaning given in section 60 of the 1999 Act.
7
In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
4A
Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
8
In section 80 of the National Health Service (Wales) Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
4A
Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
Role of the Secretary of State
I62I170221Functions of the Secretary of State in relation to social care workers
1
In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after subsection (1) insert—
1A
But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001.
2
In subsection (2) of that section, after “take part in” insert “courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,”.
3
The Secretary of State may make arrangements with the Health and Care Professions Council for the discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose “the relevant period” is the period—
a
beginning with the day on which this Act is passed, and
b
ending with the commencement of section 212(1).
The Professional Standards Authority for Health and Social Care
I374222The Professional Standards Authority for Health and Social Care
1
The body corporate known as the Council for Healthcare Regulatory Excellence—
a
is to continue to exist, and
b
is to change its name to the Professional Standards Authority for Health and Social Care.
2
In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002 (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)—
a
for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
b
for “ “the Council”” substitute “ “the Authority””.
3
For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social Care”.
4
For the cross-heading preceding that section substitute “The Professional Standards Authority for Health and Social Care”.
5
For the title of Part 2 of that Act substitute “Health and Social Care Professions etc.”.
223Functions of the Authority
I1711
In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority), in subsection (2)(a), for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
I1712
In subsection (2A) of that section, for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
I2603
In section 26A of that Act (powers of Secretary of State etc. to request the Authority for advice), after subsection (1) insert—
1A
The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request.
I11174
After subsection (2) of that section insert—
2A
A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis.
I1715
In subsection (3) of that section, after “this section” insert
—
health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and
I2606
In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for “patients” substitute “users of health care, users of social care in England or users of social work services in England”.
I11187
In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for “Secretary of State” substitute “Privy Council”.
I11188
In subsection (7) of that section—
a
for “Secretary of State” substitute “Privy Council”, and
b
in paragraph (a), omit “he or”.
I1719
In section 29 of that Act (reference of disciplinary cases to court by the Authority), in subsection (5), after “subsection (4)” insert “(subject to subsection (5A))”.
I17110
After subsection (5) of that section insert—
5A
In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and Wales.
I111811
In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
I111812
In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.
I111813
After subsection (3D) of that section (inserted by section 224(3)) insert—
3E
A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.
I17114
In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
I1115224I63Funding of the Authority
1
After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—
25AFunding of the Authority
1
The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations.
2
A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A.
3
The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations.
4
Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations.
5
The Authority must—
a
comply with a request under subsection (4), but
b
before doing so, consult the regulatory bodies.
6
Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.
7
Having taken into account such representations as it receives from consultees, the Privy Council must—
a
make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and
b
determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay.
8
The Privy Council must—
a
consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and
b
consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay.
9
Having taken into account such representations as it receives from consultees, the Privy Council must—
a
determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and
b
determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay.
10
Regulations under this section requiring payment of a fee may make provision—
a
requiring the fee to be paid within such period as is specified;
b
requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a);
c
for the recovery of unpaid fees or interest.
11
The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative.
12
Before making regulations under this section, the Privy Council must consult—
a
the Authority,
b
the regulatory bodies, and
c
such other persons as it considers appropriate.
2
In section 25(5) of that Act (meaning of “this group of sections”) for “26” substitute “25A”.
3
In section 38 of that Act (regulations and orders) after subsection (3) insert—
3A
A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3B
Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).
3C
Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
3D
Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
4
In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), after sub-paragraph (2) insert—
2A
The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.
5
In that paragraph, omit sub-paragraphs (5) and (6).
I1116225Power to advise regulatory bodies, investigate complaints, etc.
1
After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert—
25BPower of the Authority to advise regulatory bodies etc.
1
The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to—
a
a regulatory body;
b
a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body.
2
A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine.
3
In this section, “this group of sections” has the meaning given by section 25(5) but does not include section 26A.
2
In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.
3
In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.
226Accountability and governance
I375I11201
Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows.
2
In paragraph 4 (membership and chair)—
I1114a
in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and
I376b
in paragraph (f), for “two executive members” substitute “one executive member”.
I11193
In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.
I11194
In paragraph 10 (remuneration and allowances)—
a
in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and
b
for sub-paragraphs (3) and (4) substitute—
3
The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority.
4
The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine.
I3765
In paragraph 11 (employees)—
a
in sub-paragraph (1), for “members” substitute “member”, and
b
in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.
I11196
In paragraph 15 (accounts)—
a
in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”, and
b
in sub-paragraph (3)—
i
omit “the Secretary of State and”, and
ii
for “the Secretary of State” substitute “the Privy Council”.
I11197
In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—
1B
The Authority must, by such date in each year as the Privy Council determines, publish—
a
a strategic plan for the Authority for the coming financial year, and
b
a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.
I11198
In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each of its strategic plans published in that year,”.
I11199
In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—
3F
A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.
I122227Appointments to regulatory bodies
After section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert—
25CAppointments to regulatory bodies
1
The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body.
2
The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with—
a
its exercise of any of its appointment functions in relation to a regulatory body;
b
its exercise of its function under paragraph 4 of Schedule 7.
3
The Privy Council may make arrangements with any other person to assist it in connection with—
a
its exercise of any of its appointment functions in relation to a regulatory body;
b
its exercise of its function under paragraph 4 of Schedule 7.
4
The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
5
The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph.
6
The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph.
7
In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland.
8
In this section, “appointment functions” means—
a
in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),
b
in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
c
in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
d
in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
e
in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
f
in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
g
in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and
h
in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).
9
A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function.
I377228Establishment of voluntary registers
After section 25C of the National Health Service Reform and Health Care Professions Act 2002 insert—
25DPower of regulatory bodies to establish voluntary registers
1
A regulatory body may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)—
a
unregulated health professionals;
b
unregulated health care workers;
c
unregulated social care workers in England;
d
participating in studies that come within subsection (2) or (3).
2
Studies come within this subsection if they are studies for the purpose of becoming a member of—
a
a profession to which section 60(2) of the Health Act 1999 applies, or
b
the social work profession in England.
3
Studies come within this subsection if they are studies for the purpose of becoming—
a
an unregulated health professional,
b
an unregulated health care worker, or
c
an unregulated social care worker in England.
4
A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council.
5
A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of—
a
in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates,
b
in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or
c
in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register.
6
The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland.
7
The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland.
8
A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies.
9
Where regulatory bodies establish and maintain a register in reliance on subsection (8)—
a
subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council),
b
subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and
c
subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies.
10
But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland.
11
Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom.
12
A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine.
25ESection 25D: interpretation
1
This section applies for the purposes of section 25D.
2
“Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to—
a
use a title,
b
practise as a member of a profession,
c
engage in work that involves the provision of health care,
d
engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or
e
participate in studies that come within section 25D(2) or (3).
3
Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply.
4
The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies—
a
only to work or practice of a particular kind, and
b
only when work or practice of that kind is engaged in for particular purposes.
5
In subsections (2) to (4), “enactment” means an enactment contained in, or in an instrument made under—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
an Act or Measure of the National Assembly for Wales, or
d
Northern Ireland legislation.
6
“Unregulated health professional” means a member of a profession—
a
which is concerned with the physical or mental health of individuals, but
b
to which section 60(2) of the Health Act 1999 does not apply.
7
“Unregulated health care worker” means a person engaged in work which—
a
involves the provision of health care, but
b
is not work which may be engaged in only by members of a profession.
8
In subsections (2) and (7), “health care” includes—
a
all forms of health care for individuals, whether relating to physical or mental health, and
b
procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
9
“Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999.
10
But a person is not to be regarded as being (or having been) engaged in work as an unregulated social care worker merely because the person is (or has been) participating in a course of the description given in subsection (2ZC)(o) of that section (social work courses).
11
“The social work profession in England” has the meaning given in that section.
25FEstablishment of voluntary register: impact assessment
1
Before establishing a register under section 25D, a regulatory body—
a
must make an assessment of the likely impact of doing so, and
b
must consult such persons as it considers appropriate.
2
In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.
3
An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on—
a
persons who would be eligible for inclusion in the register;
b
persons who employ persons who would be eligible for inclusion in the register;
c
users of health care, users of social care in England and users of social work services in England.
4
A regulatory body must publish any assessment it makes under this section.
5
In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register.
I378229Accreditation of voluntary registers
1
After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert—
25GPower of the Authority to accredit voluntary registers
1
Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”).
2
Accreditation criteria may, in particular, relate to—
a
the provision to the Authority of information in connection with the establishment, operation or maintenance of register;
b
publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise);
c
the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register.
3
If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register.
4
The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria.
5
If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register.
6
The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine.
7
The Authority must publish such accreditation criteria as it sets.
8
The Authority may publish a list of registers accredited under this section.
9
“Voluntary register” has the meaning given in section 25E.
25HAccreditation of voluntary register: impact assessment
1
Before accrediting a register under section 25G, the Authority—
a
must make an assessment of the likely impact of doing so, and
b
must consult such persons as it considers appropriate.
2
For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate.
3
An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on—
a
persons who are, or are eligible to be, included in the register;
b
persons who employ persons who are, or are eligible to be, included in the register;
c
users of health care, users of social care in England and users of social work services in England.
4
For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register.
5
The Authority may publish any assessment it makes under this section.
6
In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register.
25IFunctions of the Authority in relation to accredited voluntary registers
1
The Authority has the following functions—
a
to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of voluntary registration functions,
b
to promote best practice in the performance of voluntary registration functions, and
c
to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles.
2
In this section—
a
a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and
b
“accredited voluntary register” means a register accredited under section 25G”.
2
In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—
2A
A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions.
3
After subsection (3) of that section insert—
3A
A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions.
4
After subsection (4) of that section insert—
4A
For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A).
5
After subsection (12) of that section insert—
13
In this section, “voluntary registration functions” is to be construed in accordance with section 25I.
6
In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert—
1B
The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request.
1C
The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request.
1D
The registers are registers of persons who are or have been—
a
unregulated social care workers in England,
b
participating in studies for the purpose of becoming a member of the social work profession in England;
c
participating in studies for the purpose of becoming an unregulated social care worker in England.
1E
In subsection (1D), “the social work profession in England” and “unregulated social care worker in England” each have the meaning given in section 25E.
7
In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert—
1A
The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions.
1B
For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions.
1C
For the purposes of this section, the Authority's accreditation functions are—
a
its functions under sections 25G to 25I,
b
its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and
c
its function under section 26A(1B).
8
In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
9
At the end of subsection (4) of that section insert “(other than its accreditation functions)”.
Consequential provision etc.
230I64Consequential provisions and savings, etc.
I172I3731
Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and savings relating to the preceding provisions of this Part) have effect.
I161I3732
The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of the preceding provisions of this Part.
I161I3733
The quorum for the exercise of the power under subsection (2) is two.
I161I3734
Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument signed by the Clerk of the Council.
I1615
In section 38 of the National Health Service Reform and Health Care Professions Act 2002 (regulations and orders), after subsection (4) insert—
4A
The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council.
I161I3736
The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect the power to make a further Order in Council under that section amending or revoking provision made by those amendments.
The Office of the Health Professions Adjudicator
I123231Abolition of the Office of the Health Professions Adjudicator
1
The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
2
In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).
3
All property, rights and liabilities to which the OHPA is entitled or subject immediately before the commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of State.
4
Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
PART 8The National Institute for Health and Care Excellence
Establishment and general duties
I558232The National Institute for Health and Care Excellence
1
There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “NICE”).
2
Schedule 16 (which makes further provision about NICE) has effect.
I559233General duties
1
In exercising its functions NICE must have regard to—
a
the broad balance between the benefits and costs of the provision of health services or of social care in England,
b
the degree of need of persons for health services or social care in England, and
c
the desirability of promoting innovation in the provision of health services or of social care in England.
2
NICE must exercise its functions effectively, efficiently and economically.
3
In this Part—
“health services” means services which must or may be provided as part of the health service in England;
“social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
Functions: quality standards
I560234I65Quality standards
1
The relevant commissioner may direct NICE to prepare statements of standards in relation to the provision of—
a
NHS services,
b
public health services, or
c
social care in England.
2
In this Part such a statement is referred to as a “quality standard”.
3
In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard.
4
NICE must keep a quality standard under review and may revise it as it considers appropriate.
5
A quality standard (and any revised standard)—
a
has no effect unless it is endorsed by the relevant commissioner, and
b
must not be published by NICE unless the relevant commissioner so requires.
6
The relevant commissioner may require NICE—
a
to publish the standard (or revised standard) or to disseminate it to persons specified by the relevant commissioner, and
b
to do so in the manner specified by the relevant commissioner.
7
NICE must—
a
establish a procedure for the preparation of quality standards, and
b
consult such persons as it considers appropriate in establishing that procedure.
8
Subsection (9) applies in a case where the Secretary of State and F292NHS England each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.
9
In such a case—
a
the Secretary of State and F292NHS England may issue a joint direction under subsection (1), and
b
if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned.
10
In this section “the relevant commissioner”—
a
in relation to a quality standard in relation to the provision of NHS services, means F292NHS England, and
b
in relation to a quality standard in relation to the provision of public health services or of social care in England, means the Secretary of State,
and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both the Secretary of State and F292NHS England.
11
In this Part—
F293“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
“public health services” means services provided pursuant to the functions of—
- a
the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, or
- b
a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.
- a
I561235I66Supply of quality standards to other persons
1
Regulations may confer powers on NICE in relation to the supply by NICE of quality standards to—
a
devolved authorities;
b
other persons (whether or not in the United Kingdom).
2
The regulations may in particular—
a
confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection (1), and
b
provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so mentioned.
3
Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
4
In this section “devolved authority” means—
a
the Scottish Ministers,
b
the Welsh Ministers, and
c
the Department of Health, Social Services and Public Safety in Northern Ireland.
I562236Advice or guidance to the Secretary of State or F294NHS England
1
2
“Quality matter”—
a
in relation to the Secretary of State, means any matter in relation to which the Secretary of State has the power to direct NICE to prepare a quality standard, and
Functions: advice, guidance etc.
I563237I67Advice, guidance, information and recommendations
1
Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of information or making of recommendations about any matter concerning or connected with the provision of—
a
NHS services,
b
public health services, or
c
social care in England.
2
The regulations may provide that a function conferred under subsection (1)(a)—
a
is only exercisable on the direction of the Secretary of State or F295NHS England;
b
is subject to directions given by the Secretary of State or (as the case may be) F295NHS England about NICE's exercise of the function.
3
The regulations may provide that a function conferred under subsection (1)(b) or (c)—
a
is only exercisable on the direction of the Secretary of State;
b
is subject to directions given by the Secretary of State about NICE's exercise of the function.
4
Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.
5
The regulations may make provision about—
a
the persons who may request or require that advice, guidance, information or recommendations be given, provided or (as the case may be) made by NICE,
b
the publication or other dissemination of the advice, guidance, information or recommendations (whether by NICE, the Secretary of State or F295NHS England), and
c
the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations.
6
Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
7
The regulations must make provision about—
a
the establishment by NICE of procedures for the giving of advice or guidance, provision of information or making of recommendations under the regulations, and
b
consultation by NICE in establishing the procedures.
8
The regulations may make provision requiring specified health or social care bodies, or health or social care bodies of a specified description, to—
a
have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE pursuant to the regulations;
b
comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations.
9
Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—
a
generally in the exercise of functions, or
b
in the exercise of specified functions or functions of a specified description.
10
But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to—
a
the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006;
F296b
the exercise by an authority of the functions of any other person by virtue of any provision of that Act.
11
In this section—
“health or social care body” means any public body exercising functions in connection with the provision of health services or of social care in England;
“local authority” means—
- a
a county council in England;
- b
a district council in England, other than a council for a district in a county for which there is a county council;
- c
a London borough council;
- d
the Council of the Isles of Scilly;
- e
the Common Council of the City of London;
- a
‘ “public body” means a body or other person whose functions—
- a
are of a public nature, or
- b
include functions of that nature,
but, in the latter case, the body or person is a public body to the extent only of those functions;
- a
“specified” means specified in the regulations.
I564238I68NICE recommendations: appeals
1
Regulations under section 237 may make provision about appeals against recommendations made by NICE pursuant to the regulations.
2
The regulations may, in particular, include provision about—
a
the types of recommendations in relation to which an appeal may be brought,
b
the persons who may bring an appeal,
c
the grounds on which an appeal may be brought, and
d
the persons by whom an appeal is to be heard.
I565239I69Training
1
Regulations may confer functions on NICE in relation to providing, or facilitating the provision of, training in connection with any matter concerning or connected with the provision of—
a
NHS services,
b
public health services, or
c
social care in England.
2
The regulations may provide that a function conferred under subsection (1)(a)—
a
is only exercisable on the direction of F297NHS England;
b
is subject to directions given by F297NHS England about NICE's exercise of the function.
3
The regulations may provide that a function conferred under subsection (1)(b) or (c)—
a
is only exercisable on the direction of the Secretary of State;
b
is subject to directions given by the Secretary of State about NICE's exercise of the function.
4
The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training.
5
Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
I566240I70Advisory services
1
Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the United Kingdom) in relation to any matter concerning or connected with—
a
the provision of health care,
b
the protection or improvement of public health, or
c
the provision of social care.
2
The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice.
3
Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
4
In this Part “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
I567241I71Commissioning guidance
1
F298NHS England may direct NICE to exercise any of F298NHS England’s functions in relation to the preparation of the guidance required to be published by F298NHS England under F299section 14Z51 of the National Health Service Act 2006 so far as relating to arrangements for the provision of services as part of the health service (the “commissioning guidance”).
2
A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.
3
If requested to do so, NICE must—
a
b
disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
Functions: other
I568242I72NICE's charter
1
Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
2
The regulations may, in particular, make provision about—
a
the information to be provided in the charter,
b
the timing of preparation of the charter,
c
review and revision by NICE of the charter, and
d
the manner in which the charter must or may be published.
I569243Additional functions
1
NICE may do any of the following—
a
acquire, produce, manufacture and supply goods,
b
acquire land by agreement and manage and deal with land,
c
supply accommodation to any person,
d
supply services to any person and provide new services,
e
provide instruction for any person, and
f
develop and exploit ideas and exploit intellectual property.
2
But NICE may exercise a power under subsection (1) only—
a
if doing so is connected with the provision of health care or social care, and
b
to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any function it has under or by virtue of any other provision of this Part.
3
NICE may—
a
charge for anything it does in the exercise of a power under subsection (1), and
b
calculate any such charge on the basis that it considers to be the appropriate commercial basis.
I570244Arrangements with other bodies
1
NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required or authorised to provide by virtue of this Part.
2
The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to NICE.
I571245I73Failure by NICE to discharge any of its functions
1
The Secretary of State may give a direction to NICE if the Secretary of State considers that—
a
NICE—
i
is failing or has failed to discharge any of its functions, or
ii
is failing or has failed properly to discharge any of its functions, and
b
the failure is significant.
2
A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
3
If NICE fails to comply with a direction under subsection (1), the Secretary of State may—
a
discharge the functions to which it relates, or
b
make arrangements for any other person to discharge them on the Secretary of State's behalf.
4
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
5
For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.
I572246Protection from personal liability
1
Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to NICE.
2
In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.
Supplementary
I573247Interpretation of this Part
In this Part—
F300...
“health care” has the meaning given by section 240(4);
“the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
“health services” has the meaning given by section 233(3);
“NHS services” has the meaning given by section 234(11);
“public health services” has the meaning given by section 234(11);
“quality standard” has the meaning given by section 234(2);
“social care” has the meaning given by section 233(3).
I574248Dissolution of predecessor body
The Special Health Authority known as the National Institute for Health and Clinical Excellence is abolished.
I575249I74Consequential and transitional provision
1
Schedule 17 (which contains consequential provision) has effect.
2
A statement of standards prepared and published by the Institute before commencement is to be treated on and after commencement as if it were a quality standard—
a
prepared and published by NICE in accordance with section 234,
b
endorsed under subsection (5) of that section, and
c
in respect of which the transitional commissioner is the relevant commissioner for the purposes of that section.
3
Subsections (4) to (6) apply to a case where before commencement—
a
the Secretary of State has referred a matter to the Institute for the purpose of preparing and publishing a statement of standards, but
b
the Institute has not published the statement.
4
The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.
5
Anything done by the Institute before commencement in relation to the matter is to be treated on and after commencement as having been done by NICE in pursuance of the direction.
6
Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234(3) in relation to the preparation of the quality standard.
7
A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234(7) for the preparation of quality standards.
8
For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of State, after consulting F301NHS England, may direct that in relation to a particular statement of standards or matter the transitional commissioner is—
a
F301NHS England, or
b
both the Secretary of State and F301NHS England.
9
In this section—
“commencement” means the commencement of section 234;
“the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
“statement of standards” means a document containing advice to the Secretary of State in relation to the quality of the provision of health care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of State on 27 July 2009.
PART 9Health and adult social care services: information
CHAPTER 1Information standards
I576250Powers to publish information standards
1
The Secretary of State or F304NHS England may prepare and publish an information standard.
2
For the purposes of this Part “an information standard” is a document containing standards in relation to the processing of information.
3
The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of health services or of adult social care in England.
4
F303NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.
5
An information standard must include guidance about the implementation of the standard.
6
The following must have regard to an information standard published under this section—
a
the Secretary of State;
b
the Board;
c
any public body which exercises functions in connection with the provision of health services or of adult social care in England;
d
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
7
In this section—
“adult social care”—
- a
includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
- b
does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- a
“health services” means services which must or may be provided as part of the health service in England; and for that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
F302“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
F65“processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);
“public body” means a body or other person whose functions—
- a
are of a public nature, or
- b
include functions of that nature,
but in the latter case, the body or person is a public body to the extent only of those functions.
- a
I577251Information standards: supplementary
1
Before publishing an information standard, the Secretary of State or the Board must consult such persons as the Secretary of State or (as the case may be) the Board considers appropriate.
2
For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared or published by another person.
F61CHAPTER 1AContinuity of Information
Pt. 9 Ch. 1A inserted (25.6.2015) by Health and Social Care (Safety and Quality) Act 2015 (c. 28), ss. 2, 6(4); S.I. 2015/1438, reg. 2(a)
251AConsistent identifiers
1
The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.
2
“Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—
a
relates to an individual, and
b
forms part of a set of similar identifiers that is of general application.
3
Subsection (4) applies if—
a
a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and
b
the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.
4
If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).
5
Subsection (4) applies only so far as the relevant person considers that the inclusion is—
a
likely to facilitate the provision to the individual of health services or adult social care in England, and
b
in the individual's best interests.
6
The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—
a
the relevant person does not know the consistent identifier and is not reasonably able to learn it;
b
the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;
c
the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
d
for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).
7
This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
a
any provision F67of the data protection legislation, or
b
a common law duty of care or confidence.
8
This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).
F669
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
251BF63Duty to share information
1
This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
2
The relevant person must ensure that the information is disclosed to—
a
persons working for the relevant person, and
b
any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
but this is subject to subsections (3) to (6).
3
Subsection (2) applies only so far as the relevant person considers that the disclosure is—
a
likely to facilitate the provision to the individual of health services or adult social care in England, and
b
in the individual's best interests.
4
The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
a
the individual objects, or would be likely to object, to the disclosure of the information;
b
the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
c
for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
5
This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
a
any provision F69of the data protection legislation, or
b
a common law duty of care or confidence.
6
This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).
F687
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
251CC8F62Continuity of information: interpretation
1
This section applies for the purposes of sections 251A and 251B and this section.
2
“Relevant health or adult social care commissioner or provider” means—
a
any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and
b
any person (other than a public body) so far as the person provides such services or care—
i
pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and
ii
otherwise than as a member or officer of a body or an employee of a person,
but this is subject to subsection (3).
3
The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.
4
Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.
5
A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).
6
“Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.
7
Other terms have the same meaning as in section 250 (and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section).
C10CHAPTER 2F400NHS ENGLAND: HEALTH AND SOCIAL CARE INFORMATION ETC.
Pt. 9 Ch. 2 heading substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(2) (with reg. 3)
Pt. 9 Ch. 2: power to amend conferred (1.7.2022) by 2021 c. 3, s 43(3) (as inserted by Health and Care Act 2022 (c. 31), ss. 101(5)(b), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
F401... General duties
Words in s. 252 cross-heading omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(3) (with reg. 3)
F427252The Health and Social Care Information Centre
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I578253F402NHS England data functions: general
1
F428NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—
a
the information standards published by the Secretary of State or F305NHS England under section 250,
b
such guidance issued by the Secretary of State as the Secretary of State may require,
F430c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F49ca
the need to respect and promote the privacy of recipients of health services and of adult social care in England,F389...
F390cb
the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,
d
the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England F391, and
e
the need to balance the needs mentioned in this subsection against one another, so far as they compete.
F4312
NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.
F4292A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In this Chapter—
“adult social care”—
- a
includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
- b
does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- a
“health services” means services which must or may be provided as part of the health service in England.
Functions: information systems
I579C10C11254C10I75Powers to direct F403NHS England to establish information systems
1
2
A direction may be given under subsection (1) by the Secretary of State only if—
a
the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
b
the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
F4323
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3064
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F4376
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4387
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I580255C10I76Powers to request F404NHS England to establish information systems
1
Any person (including a devolved authority) may request F439NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.
2
A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
3
4
For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
a
it is made by a principal body, and
b
the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.
F4415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4426
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Subsection (8) applies where F443NHS England has discretion under this section as to whether to comply with—
a
a mandatory request, or
b
other request under subsection (1).
8
In deciding whether to comply with the request, F444NHS England—
a
must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by F444NHS England of any of its functions, and
9
In this section “principal body” means—
F307a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Care Quality Commission,
c
the National Institute for Health and Care Excellence, and
d
such other persons as may be prescribed in regulations.
10
In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
I581256C10Requests for collection under section 255: confidential information
1
A request under section 255 is a confidential collection request if it is a request for F445NHS England to establish and operate a system for the collection of information which is in a form which—
a
identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or
b
enables the identity of such an individual to be ascertained.
2
A person may make a confidential collection request under section 255 only if the request—
a
is a mandatory request,
b
relates to information which the person making the request (“R”) may require to be disclosed to R or to F445NHS England by the person holding it, or
c
relates to information which may otherwise be lawfully disclosed to F445NHS England or to R by the person holding it.
I582257C10Requests under section 255: supplementary
1
F446NHS England must publish procedures for—
a
the making and consideration of requests under section 255, and
b
the reconsideration by F446NHS England of a decision not to comply with such a request.
2
The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to F446NHS England within a reasonable period for the purposes of the reconsideration.
3
F446NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
4
Before making a request under section 255 a person must consult F446NHS England.
5
F446NHS England must publish details of—
a
any mandatory request, and
b
any other request under section 255 with which F446NHS England is obliged, or decides, to comply.
I583C10C12258C10Information systems: supplementary
1
Before establishing an information system pursuant to a direction under section 254 or a request under section 255 F447NHS England must consult—
a
the person who gave the direction or made the request,
b
representatives of other persons who F447NHS England considers are likely to use the information to which the direction or request relates,
c
representatives of persons from whom any information will be collected, and
d
such other persons as F447NHS England considers appropriate.
2
I584259C10Powers to require and request provision of information
1
F449NHS England may—
a
b
request any other person to provide it with such information.
2
Those persons are—
a
a health or social care body;
b
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
3
But F450NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).
4
5
6
7
8
F450NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
9
In imposing requirements under this section F450NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
10
The provision of information under this section—
a
does not breach any obligation of confidence owed by the person providing it, but
b
is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
11
In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
I585260C10I77Publication of information
1
F419NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, F419NHS England must not publish it.
2
Information falls within this subsection if—
a
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and F420NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,
b
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,
c
F420NHS England considers that—
i
the information fails to meet the information standards published under section 250 (so far as they are applicable), and
ii
it would not be in the public interest to publish the information, or
3
A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
4
Where F422NHS England publishes information which it obtains by complying with F423... a mandatory request under section 255, F422NHS England—
a
must comply with the requirements (if any) specified in the F424... mandatory request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
5
Where F425NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, F425NHS England—
a
may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
b
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
6
In considering the appropriate form, manner and timing of publication of information under this section, F426NHS England must have regard to—
a
the need for the information to be easily accessible,
b
the persons who F426NHS England considers likely to use the information, and
c
the uses to which F426NHS England considers the information is likely to be put.
7
In this Chapter “relevant person” means—
a
any person who provides health care or adult social care, or
b
any body corporate not falling within paragraph (a).
I586261C10I78Other dissemination of information
1
F452NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
a
which it obtains by complying with a direction under section 254 or a request under section 255, and
b
which falls within subsection (2).
F501A
But F456NHS England may do so only if it considers that disseminating the information would be for F392purposes connected with—
a
the provision of health care or adult social care, or
b
the promotion of health.
2
Information falls within this subsection if—
a
the information is required to be published under section 260;
b
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
i
the relevant person has consented to the dissemination, or
ii
F456NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
c
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
d
e
F456NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
3
4
F453NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom F453NHS England collected the information.
5
F454NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
a
the information has previously been lawfully disclosed to the public,
b
the disclosure is made in accordance with any court order,
c
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
d
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
e
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
f
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
6
Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
7
Nothing in this section or section 262 prevents F455NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
F4518
For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
9
For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
I587262C10I79Other dissemination: directions and requests under sections 254 and 255
F4621
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4622
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4623
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A request under section 255 may request F457NHS England to exercise—
a
the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or
b
any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
5
6
Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).
F4617
A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.
262AC10F59Publication and other dissemination: supplementary
In exercising any function F463... of publishing or otherwise disseminating information F464obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
I588263C10Code of practice on confidential information
1
F466NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
2
For the purposes of this section “confidential information” is—
a
information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
b
any other information in respect of which the person who holds it owes an obligation of confidence.
3
Before publishing the code, F467NHS England must consult—
a
the Secretary of State, F468and
F469b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
such other persons as F470NHS England considers appropriate.
F4714
NHS England must not publish the code without the approval of the Secretary of State.
5
F472NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
6
A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
7
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.
F4658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I589264C10Information Register
F473NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.
I590265C10Advice or guidance
1
F474NHS England—
a
may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
2
Those persons are—
a
the Secretary of State,
F477b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any person who makes, or is proposing to make, a request under section 255,
d
any health or social care body, and
e
any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
3
The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting F478NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
4
For the purposes of subsection (3) a review period is—
a
the period of 3 years beginning with the day on which this section comes into force, and
b
each subsequent period of 3 years.
5
A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.
6
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.
Functions: quality of health and social care information
I591266Assessment of quality of information
F479NHS England must from time to time—
a
assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and
b
publish a record of the results of the assessment.
I592267I80Power to establish accreditation scheme
1
Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).
2
The regulations may provide that the accreditation scheme is to be established and operated by F480NHS England or such other person as the Secretary of State may specify in the regulations (the “operator”).
3
The regulations may, in particular, confer power on the operator—
a
to establish the procedure for accrediting information service providers under the scheme,
b
to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),
c
to keep an accreditation under the scheme under review, and
d
to charge a reasonable fee in respect of an application for accreditation.
4
The regulations may make provision requiring the operator—
a
to publish details of the scheme, including, in particular, the accreditation criteria,
b
to provide for the review of a decision to refuse an application for accreditation, and
c
to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.
5
In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.
Functions: other
I593268I81Database of quality indicators
1
Regulations may make provision conferring functions on F481NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.
2
The regulations may, in particular, make provision about—
a
the persons who may propose a quality indicator for inclusion in the database,
b
the giving of advice and guidance by F481NHS England to such persons in relation to such a proposal,
c
the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or F308NHS England may direct, and
d
the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.
3
In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.
I594269I82Power to confer functions in relation to identification of GPs
1
Regulations may make provision conferring functions on F482NHS England in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.
2
In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.
I595270Additional functions
1
F483NHS England may do any of the following—
a
acquire, produce, manufacture and supply goods,
b
acquire land by agreement and manage and deal with land,
c
supply accommodation to any person,
d
supply services to any person and provide new services,
e
provide instruction for any person, and
f
develop and exploit ideas and exploit intellectual property.
2
But F483NHS England may exercise a power under subsection (1) only—
a
if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and
b
to the extent that its exercise does not to any significant extent interfere with the performance by F483NHS England of any function under or by virtue of any other provision of this or any other Act.
3
F483NHS England may—
a
charge for anything it does in the exercise of a power under subsection (1), and
b
calculate any such charge on the basis that it considers to be the appropriate commercial basis.
F4844
Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).
F397271Arrangements with other bodies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F397272Failure by Information Centre to discharge any of its functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F397273Protection from personal liability
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General and supplementary
I596274I83Powers of Secretary of State or F91NHS England to give directions
F4091
Regulations may make provision conferring powers on the Secretary of State to give directions—
a
requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;
b
requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified;
c
requiring NHS England to exercise such of the information functions of any health or social care body as may be specified;
d
requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified.
F4051A
Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.
2
F4062A
A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function.
3
A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of F412NHS England only if the function relates to information which is of a description prescribed in the regulations and—
a
in respect of which the Secretary of State may give a direction under section 254, or
b
which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.
F4134
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
6
A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to F416NHS England for things done in the exercise of the function in respect of which the direction is given.
F4177
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State F418... from exercising the function in respect of which the direction is given.
9
In this section—
“information function” means a function in relation to the collection, analysis, publication or other dissemination of information;
F309“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
“specified” means specified in a direction given under regulations made under F407subsection (1) or (1A);
F408systems delivery function” means a function which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England.
274AF399Secretary of State’s guidance about NHS England data functions
1
The Secretary of State must publish guidance for NHS England about the exercise of—
a
its relevant data functions, and
b
its other functions in connection with its relevant data functions.
2
Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.
3
NHS England must have regard to guidance published under this section.
I597275Interpretation of this Chapter
In this Chapter—
“adult social care” has the meaning given by section 253(3);
F310...
“devolved authority” means—
- a
the Scottish Ministers;
- b
the Welsh Ministers; and
- c
a Northern Ireland Minister;
- a
“health care” has the meaning given by section 255(10);
“health or social care body” has the meaning given by section 259(11);
“the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);
“health services” has the meaning given by section 253(3);
“mandatory request” has the meaning given by section 255(4);
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
“public body” means a body or other person whose functions—
- a
are of a public nature, or
- b
include functions of that nature,
but in the latter case, the body or person is a public body to the extent only of those functions;
- a
F485“relevant data functions” has the meaning given by section 253(3);
“relevant person” has the meaning given by section 260(7).
I598276Dissolution of predecessor body
The Special Health Authority known as the Health and Social Care Information Centre is abolished.
I599277Consequential provision
Schedule 19 (which contains consequential provision) has effect.
F388CHAPTER 3Information about adult social care
Pt. 9 Ch. 3 inserted (31.7.2022 but only for the insertion of ss. 277A (for specified purposes), 277B, 277C, 1.10.2022 but only for the insertion of s. 277A(6)) by Health and Care Act 2022 (c. 31), ss. 99, 186(6); S.I. 2022/734, reg. 3 (with regs. 13, 29, 30); S.I. 2022/1003, reg. 2(b)
277AProvision of adult social care information to Secretary of State
1
The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—
a
the person on whom the requirement is imposed,
b
their activities in connection with the provision of adult social care in England, or
c
any person to whom they have provided —
i
adult social care in England, or
ii
adult social care, outside England, in pursuance of arrangements made by an English local authority.
2
The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.
3
A requirement under subsection (1) may specify—
a
the form and manner in which information is to be provided, and
b
when information is to be provided.
4
A requirement under subsection (1) must be in writing.
5
The provision of information under this section—
a
does not breach any obligation of confidence owed by the person providing it, but
b
is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).
6
7
In this section—
“adult social care”—
- a
includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
- b
does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
- a
“English local authority” means—
- a
a county council in England;
- b
a district council for an area in England for which there is no county council;
- c
a London borough council;
- d
the Common Council of the City of London (in its capacity as a local authority);
- a
“relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.
277BRestrictions on onward disclosure of information
1
Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.
2
Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.
3
a
the person to whom the information relates has consented to the disclosure,
b
the information has previously been lawfully disclosed to the public,
c
the disclosure is in accordance with any court order,
d
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
e
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
f
the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
g
the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).
4
In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.
277CDirections to certain bodies to exercise functions under this Chapter
1
2
F4883
The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).
F4864
For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.
277DArrangements with third parties
1
2
Arrangements under subsection (1) may—
a
provide for the Secretary of State to make payments to the person;
b
make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
3
Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.
F394CHAPTER 4Enforcement
Pt. 9 Ch. 4 inserted (1.10.2022) by Health and Care Act 2022 (c. 31), ss. 100(2), 186(6); S.I. 2022/1003, reg. 2(c)
277EEnforcement of provisions under this Part
1
Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
a
fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
b
c
provides information in response to such a requirement that is false or misleading to a material extent.
2
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
3
The regulations must include provision—
a
requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
b
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
c
requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
d
requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
e
enabling a person on whom a financial penalty is imposed to appeal to the First-tier Tribunal in accordance with the regulations;
f
as to the powers of the Tribunal on such an appeal.
4
The provision that may be made by the regulations includes provision—
a
enabling a notice of intent or final notice to be withdrawn or amended;
b
requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
c
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
d
for the recovery of financial penalties in the county court.
5
In this section “public body” has the meaning given by section 250(7).
277FDirections to Special Health Authority to exercise functions under section 277E
The Secretary of State may—
a
direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;
b
give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).
PART 10Abolition of certain public bodies etc
I124278The Alcohol Education and Research Council
1
The Alcohol Education and Research Council is abolished.
2
The Licensing (Alcohol Education and Research) Act 1981 is repealed.
3
Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.
I318279The Appointments Commission
1
The Appointments Commission is abolished.
2
Part 5 of the Health Act 2006 (which established the Commission) is repealed.
3
Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.
I600280The National Information Governance Board for Health and Social Care
1
The National Information Governance Board for Health and Social Care is abolished.
2
Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
3
After section 20 of the Health and Social Care Act 2008 insert—
20AFunctions relating to processing of information by registered persons
1
The Commission has the following functions in relation to the processing of relevant information—
a
to monitor the practice followed by registered persons in relation to such processing, and
b
to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing.
2
The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information.
3
In this section “relevant information” means—
a
patient information,
b
any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006,
c
any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and
d
any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.
4
In subsection (3) “patient information” means—
a
information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and
b
information (however recorded) which is to any extent derived, directly or indirectly, from that information,
whether or not the identity of the individual in question is ascertainable from the information.
5
In this section—
“adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20;
“processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
“registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.
4
In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—
a
the National Health Service Commissioning Board,
5
In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that—
a
for the title to that section substitute “Consultation with the Care Quality Commission”, and
b
in section 271(3)(g) of that Act—
i
for “sections” substitute “section”, and
ii
omit “and 252 (consultation with National Information Governance Board)”.
6
The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.
7
The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.
8
Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.
I261281The National Patient Safety Agency
1
The National Patient Safety Agency is abolished.
2
The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.
3
In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).
I601282The NHS Institute for Innovation and Improvement
1
The NHS Institute for Innovation and Improvement is abolished.
2
The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.
I125283Standing advisory committees
1
Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees).
2
In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13.
3
The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.
PART 11Miscellaneous
Information relating to births and deaths etc.
I602284Special notices of births and deaths
1
Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows.
2
For subsection (2) substitute—
2
Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed.
3
In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”.
4
In subsection (6)—
a
after “under subsection (4)” insert “to a relevant body”, and
b
for “the Primary Care Trust” (in each place where it occurs) substitute “the body”.
5
In subsection (7)—
a
for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection (4)”, and
b
for “any medical practitioner or midwife residing or practising within its area” substitute “such descriptions of medical practitioners or midwives as may be prescribed”.
6
In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to whom the failure relates”.
7
In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”.
8
After subsection (10) insert—
11
For the purposes of this section, the following are relevant bodies—
a
the National Health Service Commissioning Board,
b
clinical commissioning groups,
c
local authorities.
12
Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service.
13
In this section, “local authority” has the same meaning as in section 2B.
9
Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.
I603285I84Provision of information by Registrar General
1
Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows.
2
In subsection (1) —
a
for “the Secretary of State” substitute “any of the following persons”, and
b
at the end insert
—
a
the Secretary of State,
b
the Board,
c
a clinical commissioning group,
d
a local authority,
e
the National Institute for Health and Care Excellence,
f
the Health and Social Care Information Centre,
g
a Special Health Authority which has functions that are exercisable in relation to England,
h
the Care Quality Commission, and
i
such other persons as the Secretary of State may specify in a direction.
3
In subsection (2) —
a
for “the Secretary of State” substitute “the person to whom the information is provided”, and
b
for “his functions” substitute “functions exercisable by the person”.
4
After subsection (4) insert—
5
In this section, “local authority” has the same meaning as in section 2B.
I604286I85Provision of information by Registrar General: Wales
1
Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows.
2
In subsection (1) —
a
for “the Welsh Ministers” substitute “any of the following persons”, and
b
at the end insert
—
a
the Welsh Ministers,
b
a Special Health Authority which has functions that are exercisable in relation to Wales,
c
a Local Health Board,
d
an NHS trust established under section 18, and
e
such other persons as the Welsh Ministers may specify in a direction.
3
In subsection (2) —
a
for “the Welsh Ministers” substitute “the person to whom the information is provided”, and
b
for “their functions” substitute “functions exercisable by the person”.
I605287I86Provision of statistical information by Statistics Board
1
Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows.
2
For subsection (4) substitute—
4
The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if—
a
the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or
b
the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service.
4A
Those persons are—
a
the Secretary of State,
b
the Welsh Ministers,
c
the National Health Service Commissioning Board,
d
a clinical commissioning group,
e
a local authority,
f
a Local Health Board,
g
an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,
h
the National Institute for Health and Care Excellence,
i
the Health and Social Care Information Centre,
j
a Special Health Authority,
k
the Care Quality Commission, and
l
such other persons as the appropriate authority may specify in a direction given for the purposes of this section.
4B
For the purposes of subsection (4A)(l), the appropriate authority is—
a
in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and
b
in any other case, the Secretary of State.
3
After subsection (5) insert—
5A
A direction under subsection (4A)(l) must be given by an instrument in writing.
5B
Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.
5C
Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act.
4
After subsection (6) insert—
7
In subsection (4A)—
“clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health Service Act 2006;
“local authority” has the same meaning as in section 2B of that Act of 2006.
Duties to co-operate
288Monitor: duty to co-operate with Care Quality Commission
I1261
F312NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions.
2
In particular F313NHS England must—
I126a
I606b
make arrangements with the Commission to ensure that—
i
a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form,
ii
such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and
I1099c
seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.
F3112A
In subsection (2)(a) “relevant information” means information held by NHS England in connection with—
a
b
its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).
F315I6063
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6064
In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
289Care Quality Commission: duty to co-operate with Monitor
I127I607I11001
Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows.
I1282
For subsection (1) substitute—
1
The Commission must co-operate with Monitor in the exercise of their respective functions.
I129I11003
For subsection (2) substitute—
2
In particular the Commission must—
a
give Monitor any information the Commission has about the provision of health care which the Commission or Monitor considers would assist Monitor in the exercise of its functions,
b
make arrangements with Monitor to ensure that—
i
a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and
ii
such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and
c
seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.
4
In subsection (3)—
I608b
for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”.
I6085
After that subsection insert—
4
In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.
I130I11006
In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
C7290I87Other duties to co-operate
F316C3I2341
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C3I2342
The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions F317(including any functions that consist of exercising the functions of other persons).
3
The relevant bodies are—
I609b
the National Institute for Health and Care Excellence,
F489c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F499ca
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I234d
Special Health Authorities which have functions that are exercisable in relation to England.
I2344
The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.
F319I2345
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F320I2346
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2347
For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).
I2348
References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.
I262291I88Breaches of duties to co-operate
1
If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.
2
The relevant co-operation duties are—
a
the duty under section 288 (co-operation by F321NHS England with the Care Quality Commission),
F322b
the duty under section 290(2),
c
the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with F323NHS England),
3
The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate.
4
Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that—
a
the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and
b
the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental).
5
The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so.
6
The power to make an order under subsection (5)—
a
may be exercised so as to specify different functions in relation to each body, but
b
may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal.
7
In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration.
8
An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.
9
But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.
10
In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.
The Care Quality Commission
I610292Requirement for Secretary of State to approve remuneration policy etc.
In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the end insert—
5
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.
I611293Conduct of reviews etc.
F531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I263294I89Failure to discharge functions
1
In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert
,
and that the failure is significant.
2
After subsection (2) of that section insert—
2A
But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case.
3
After subsection (3) of that section insert—
4
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
5
For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
4
In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
5
In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.
6
After that subsection insert—
3
A direction under section 82 must be given by regulations or by an instrument in writing.
Arrangements with devolved authorities etc.
I264I612295Arrangements between F324NHS England and Northern Ireland Ministers
1
2
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
3
Those terms and conditions may include provision with respect to the making of payments to F324NHS England in respect of the cost to it of giving effect to the arrangements.
4
In this section—
“commission” means arrange for the provision of,
“Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.
I265I613296Arrangements between F329NHS England and Scottish Ministers etc.
1
2
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
3
Those terms and conditions may include provision with respect to the making of payments to F329NHS England in respect of the cost to it of giving effect to the arrangements.
4
In this section—
“commission” means arrange for the provision of, and
“Scottish health body” means—
- a
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, and
- b
the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.
- a
296AF498Arrangements between NHS England and devolved authorities in respect of education and training
1
NHS England may make arrangements with a devolved authority for NHS England—
a
to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;
b
to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.
2
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
3
Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
4
In this section—
“devolved authority” means—
- a
the Scottish Ministers,
- b
the Welsh Ministers, and
- c
a Northern Ireland Minister.
- a
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.
I405I614297Relationships between the health services
Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.
I266298Advice or assistance to public authorities in the Isle of Man or Channel Islands
1
2
Supervised community treatment under the Mental Health Act 1983
I111299Certificate of consent of community patients to treatment
1
Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows.
2
In section 64C (treatment of adult community patients), after subsection (4) insert—
4A
Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the patient has capacity to consent to the treatment and has consented to it.
4B
But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type treatment.
3
In section 64E (treatment of child community patients), in subsection (7)—
a
for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
b
at the end insert
; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as if—
a
the references to treatment were references only to section 58 type treatment,
b
the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
c
the reference to capacity to consent were a reference to competence to consent.
4
After section 64F insert—
64FAWithdrawal of consent
1
Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.
2
Subsection (3) below applies where—
a
the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above; but
b
before the completion of the treatment, the patient loses capacity or (as the case may be) competence to consent to the treatment.
3
The patient shall be treated as having withdrawn his consent and section 64B or (as the case may be) section 64E above shall then apply as if the remainder of the treatment were a separate form of treatment.
4
Without prejudice to the application of subsections (1) to (3) above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan.
5
This section shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58, 58A, 64B or 64E above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.
5
In section 64H (certificates: supplementary provision)—
a
in subsection (2), at the end insert “; and the regulations may make different provision for the different descriptions of Part 4A certificate”, and
b
in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
6
In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
7
In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert “that falls within section 64C(4) below”.
8
In section 62A of that Act (treatment on recall of community patient or revocation of order), in subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
9
In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
10
After that subsection insert—
6A
In a case where this section applies and the certificate requirement is no longer met for the purposes of section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.
Transfer schemes
F328300Transfer schemes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F336301Transfer schemes: supplemental
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I131I267I615302F337Transfer schemes in respect of previously transferred property
1
This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company.
2
The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following—
a
a Minister of the Crown;
b
NHS England;
c
an integrated care board;
d
an NHS trust;
e
an NHS foundation trust;
f
a qualifying company.
3
The things that may be transferred under a scheme under this section include—
a
property, rights and liabilities that could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme;
c
criminal liabilities, except where transfer is to a Minister of the Crown.
4
A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular—
a
create rights, or impose liabilities, in relation to property or rights transferred;
b
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
c
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
d
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee.
5
A transfer scheme under this section may make provision for the shared ownership or use of property.
6
A transfer scheme under this section may provide—
a
for the scheme to be modified by agreement after it comes into effect, and
b
for any such modifications to have effect from the date when the original scheme comes into effect.
7
In this section references to the transfer of property include references to the grant of a lease.
8
In this section “qualifying company” means—
a
a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or
b
a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.
PART 12Final provisions
303Power to make consequential provision
1
The Secretary of State may by order make provision in consequence of this Act.
2
An order under this section may, in particular—
a
amend, repeal, revoke or otherwise modify any enactment;
b
include transitional, transitory or saving provision in connection with the commencement of provision made by the order.
3
Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made by the order pending the commencement of—
a
another provision of the order,
b
a provision of this Act,
c
any other enactment.
4
Before making an order under this section that contains provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.
5
The power conferred by this section is not restricted by any other provision of this Act.
6
In this section, “enactment” includes—
a
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
b
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,
and references to an enactment include a reference to an enactment passed or made after the passing of this Act.
304Regulations, orders and directions
1
A power to make regulations under this Act is exercisable by the Secretary of State.
2
Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council under this Act, must be made by statutory instrument.
3
Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of either House of Parliament.
4
Subsection (3) does not apply to an order under section 306 (commencement).
5
A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
F334a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the first regulations under section 83 (licensing requirement: exemption regulations);
c
the first order under section 86 (approval by Secretary of State of licensing criteria);
F330d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
regulations under section 105(4) (manner in which turnover to be calculated for purposes of penalty for breach of licence conditions etc.);
f
regulations under section 106(3)(d) (descriptions of action for specifying in enforcement undertaking for breach of licence conditions etc.);
F496g
h
regulations under section 130 (health special administration regulations);
i
an order under section 140 (maximum amount that may be raised from levy to raise funds for special administration cases);
F331j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k
an order under section 290(4) (addition to list of bodies subject to duty co-operate);
l
an order under section 291(5) (order prohibiting bodies subject to duty to co-operate from exercising specified functions etc.);
m
an order under section 303 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament;
n
regulations which, by virtue of subsection (10)(a), include provision that amends or repeals a provision of an Act of Parliament.
6
An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)).
7
Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
8
Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
9
A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act—
a
may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case,
b
may be exercised so as to make, as respects the cases in relation to which it is exercised—
i
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
ii
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act,
iii
any such provision either unconditionally or subject to any specified condition, and
c
may, in particular, make different provision for different areas.
10
Any such power includes—
a
power to make incidental, supplementary, consequential, saving, transitional or transitory provision (including, in the case of a power to make regulations, provision amending, repealing or revoking enactments), and
b
power to provide for a person to exercise a discretion in dealing with any matter.
11
A power to give directions under or by virtue of this Act includes power to vary or revoke the directions by subsequent directions.
12
A direction under this Act by a Minister of the Crown (acting alone)—
a
must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing—
F335i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
section 234(1) (direction to NICE to prepare quality standards);
iii
section 245(1) (direction to NICE to perform functions);
iv
section 249(8) (direction to F332NHS England to be transitional commissioner in relation to pre-commencement statements of quality standards);
v
section 254(1) (direction to F490NHS England to establish information systems);
F491vi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
vii
section 260(2)(d) (direction to F492NHS England that information of specified description is not subject to duty to publish);
F493viii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ix
paragraph 7 of Schedule 6 (direction to F333NHS England to exercise functions of Secretary of State relating to Primary Care Trusts), and
b
must, in the case of any other direction, be given by an instrument in writing.
13
A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in writing.
305Financial provision
There is to be paid out of money provided by Parliament—
a
any expenditure incurred by virtue of this Act by the Secretary of State, and
b
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
306Commencement
1
The following provisions come into force on the day on which this Act is passed—
a
section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators);
b
section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition);
c
the provisions of this Part;
d
any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it.
2
Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.
3
In subsection (2) “the appropriate authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers.
4
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
5
Different days may be appointed under subsection (2) or (4) for different purposes (including different areas).
6
Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of—
a
another provision of this Act, or
b
any other enactment (within the meaning of section 303).
F3477
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8
Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement.
307Commencement: consultation with Scottish Ministers
1
The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to—
a
section 58 (radiation protection functions), so far as relating to the Scottish Ministers,
b
section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies,
c
section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers,
d
section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions),
e
section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to—
i
unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland,
ii
a body that maintains a register of persons within sub-paragraph (i),
iii
a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or
iv
a body that regulates a profession within sub-paragraph (iii),
f
section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),
g
section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,
h
section 227 (appointments to regulatory bodies), so far as relating to—
i
the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or
ii
subsection (4) of that provision,
i
section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers,
j
section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers,
k
Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and
l
paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs.
2
In this section—
“relevant registers” means—
- a
registers of unregulated health professionals in Scotland,
- b
registers of unregulated health care workers in Scotland, or
- c
registers of relevant students in Scotland,
- a
“relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming—
- a
an unregulated health professional,
- b
an unregulated health care worker, or
- c
a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
- a
“unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and
“unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.
308Extent
1
Subject to subsections (2) to (5), this Act extends to England and Wales only.
2
Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.
3
The following provisions extend to England and Wales, Scotland and Northern Ireland—
a
section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006;
b
sections 56(1) and (3), 57, 58 and 60 (public health functions);
c
section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.);
d
section 214(1) (the Health and Care Professions Council);
e
section 222(1) (the Professional Standards Authority for Health and Social Care);
f
section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);
g
section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator);
h
section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
F348i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
j
this Part.
4
Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
5
The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.
309Short title
This Act may be cited as the Health and Social Care Act 2012.
SCHEDULES
I90I268I616SCHEDULE 1The National Health Service Commissioning Board
Sch. 1 partly in force; Sch. 1 in force for specified purposes at Royal Assent, see s. 306(1)(d)
Sch. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 3(2)(3))
Sch. 1 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
SCHEDULE A1The National Health Service Commissioning Board
Status
1
1
The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown.
2
The Board's property is not to be regarded as property of, or property held on behalf of, the Crown.
Membership
2
1
The Board is to consist of—
a
a chair appointed by the Secretary of State,
b
at least five other members so appointed, and
c
the chief executive and other members appointed in accordance with paragraph 3.
2
In this Schedule—
a
references to non-executive members of the Board are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and
b
references to executive members of the Board are references to the other members.
3
The number of executive members must be less than the number of non-executive members.
The chief executive and other executive members: appointment and status
3
1
The chief executive and the other executive members of the Board are to be appointed by the non-executive members.
2
A person may not be appointed as chief executive without the consent of the Secretary of State.
3
The chief executive and the other executive members are to be employees of the Board.
4
The first chief executive of the Board is to be appointed by the Secretary of State.
Non-executive members: tenure
4
1
A person holds and vacates office as a non-executive member of the Board in accordance with that person's terms of appointment.
2
A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
3
The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—
a
incapacity,
b
misbehaviour, or
c
failure to carry out his or her duties as a non-executive member.
4
The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (3).
5
A person may not be appointed as a non-executive member for a period of more than four years.
6
A person who ceases to be a non-executive member is eligible for re-appointment.
Suspension of non-executive members
5
1
This paragraph applies where a person is suspended under paragraph 4(4).
2
The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3
The notice may be—
a
delivered in person (in which case the person is taken to receive it when it is delivered), or
b
sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4
The initial period of suspension must not exceed six months.
5
The Secretary of State may at any time review the suspension.
6
The Secretary of State—
a
must review the suspension if requested in writing by the person to do so, but
b
need not review the suspension less than three months after the beginning of the initial period of suspension.
7
Following a review during a period of suspension, the Secretary of State may—
a
revoke the suspension, or
b
suspend the person for another period of not more than six months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if the Secretary of State —
a
decides that there are no grounds to remove the person from office under paragraph 4(3), or
b
decides that there are grounds to do so but does not remove the person from office under that provision.
6
1
Where a person is suspended from office as the chair under paragraph 4(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.
2
Appointment as interim chair is for a term not exceeding the shorter of—
a
the period ending with either—
i
the appointment of a new chair, or
ii
the revocation or expiry of the existing chair's suspension, and
b
the remainder of the interim chair's term as a non-executive member.
3
A person who ceases to be the interim chair is eligible for re-appointment.
Payment of non-executive members
7
1
The Board must pay to its non-executive members such remuneration as the Secretary of State may determine.
2
The Board must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member of the Board.
3
If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the Board must pay compensation to the person of such amount as the Secretary of State may, with the approval of the Treasury, determine.
Staff
8
The Board may appoint such persons to be employees of the Board as it considers appropriate.
9
1
Employees of the Board are to be paid such remuneration and allowances as the Board may determine.
2
Employees of the Board are to be appointed on such other terms and conditions as the Board may determine.
3
The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the Board.
4
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of this paragraph, the Board must obtain the approval of the Secretary of State to its policy on the matter.
Committees
10
1
The Board may appoint such committees and sub-committees as it considers appropriate.
2
A committee or sub-committee may consist of or include persons who are not members or employees of the Board.
3
The Board may pay such remuneration and allowances as it determines to any person who—
a
is a member of a committee or a sub-committee, but
b
is not an employee of the Board,
whether or not that person is a non-executive member of the Board.
Trust funds and trustees
11
1
The Secretary of State may by order provide for the appointment of trustees for the Board to hold property on trust—
a
for the general or any specific purposes of the Board, or
b
for any purposes relating to the health service in England.
2
An order under sub-paragraph (1) may—
a
make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment,
b
make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),
c
make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as the Secretary of State considers appropriate, and
d
make provision with respect to the term of office of any trustee and his or her removal from office.
3
Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for the transfer of any trust property from the Board to the trustees.
Procedure
12
1
The Board may regulate its own procedure.
2
The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the appointment of any member.
Exercise of functions
13
The Board may arrange for the exercise of any of its functions on its behalf by—
a
any non-executive member,
b
any employee (including any executive member), or
c
a committee or sub-committee.
Provision of information to Secretary of State
14
1
The Secretary of State may require the Board to provide the Secretary of State with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service.
2
The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.
Accounts
15
1
The Board must keep proper accounts and proper records in relation to the accounts.
2
The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—
a
the content and form of its accounts, and
b
the methods and principles to be applied in the preparation of its accounts.
3
In sub-paragraph (2) the reference to accounts includes a reference to the Board's consolidated annual accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.
4
The chief executive of the Board is to be its accounting officer.
Annual accounts
16
1
The Board must prepare consolidated annual accounts in respect of each financial year.
2
The consolidated annual accounts must contain—
a
the Board's annual accounts, and
b
a consolidation of the Board's annual accounts and the annual accounts of each clinical commissioning group.
3
The Board must send copies of the consolidated annual accounts to—
a
the Secretary of State, and
b
the Comptroller and Auditor General,
within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
4
The Comptroller and Auditor General must—
a
examine, certify and report on the consolidated annual accounts, and
b
lay copies of the accounts and the report on them before Parliament.
5
In this paragraph, “financial year” includes the period which begins with the day on which the Board is established and ends on the following 31 March.
Interim Accounts
17
1
The Secretary of State may, with the approval of the Treasury, direct the Board to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2
The interim accounts in respect of any period must contain—
a
the Board's accounts in respect of that period, and
b
a consolidation of the Board's accounts in respect of that period and any accounts of clinical commissioning groups in respect of that period which are prepared by virtue of paragraph 17(3) of Schedule 1A.
3
The Board must send copies of any interim accounts to—
a
the Secretary of State, and
b
if the Secretary of State so directs, the Comptroller and Auditor General,
within such period as the Secretary of State may direct.
4
The Comptroller and Auditor General must—
a
examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b),
b
if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c
if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
Seal and evidence
18
1
The application of the Board's seal must be authenticated by the signature of any member of the Board or any other person who has been authorised (generally or specially) for that purpose.
2
A document purporting to be duly executed under the Board's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
I91I269I617SCHEDULE 2Clinical commissioning groups
Sch. 2 partly in force; Sch. 2 in force for specified purposes at Royal Assent, see s. 306(1)(d)
Sch. 2 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 9)
Sch. 2 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
SCHEDULE 1AClinical commissioning groups
PART 1Constitution of clinical commissioning groups
General
1
A clinical commissioning group must have a constitution.
2
1
The constitution must specify—
a
the name of the clinical commissioning group,
b
the members of the group, and
c
the area of the group.
2
The name of the group must comply with such requirements as may be prescribed.
3
1
The constitution must specify the arrangements made by the clinical commissioning group for the discharge of its functions (including its functions in determining the terms and conditions of its employees).
2
The arrangements may include provision—
a
for the appointment of committees or sub-committees of the clinical commissioning group, and
b
for any such committees to consist of or include persons other than members or employees of the clinical commissioning group.
3
The arrangements may include provision for any functions of the clinical commissioning group to be exercised on its behalf by—
a
any of its members or employees,
b
its governing body, or
c
a committee or sub-committee of the group.
4
1
The constitution must specify the procedure to be followed by the clinical commissioning group in making decisions.
2
The constitution must also specify the arrangements made by the clinical commissioning group for securing that there is transparency about the decisions of the group and the manner in which they are made.
5
The constitution must specify the arrangements made by the clinical commissioning group for discharging its duties under section 14O(1) to (4).
6
The provision made by virtue of paragraphs 3 and 4 must secure that there is effective participation by each member of the clinical commissioning group in the exercise of the group's functions.
Governing bodies of clinical commissioning groups
7
1
The constitution must specify the arrangements made by the clinical commissioning group for the discharge of the functions of its governing body.
2
The arrangements—
a
must include provision for the appointment of the audit committee and remuneration committee of the governing body, and
b
may include provision for the appointment of other committees or sub-committees of the governing body.
3
Arrangements under sub-paragraph (2)(a) may include provision for the audit committee to include individuals who are not members of the governing body.
4
Arrangements under sub-paragraph (2)(b) may include provision for a committee or sub-committee to include individuals who are not members of the governing body but are—
a
members of the clinical commissioning group, or
b
individuals of a description specified in the constitution.
5
The arrangements may include provision for any functions of the governing body to be exercised on its behalf by—
a
any committee or sub-committee of the governing body,
b
a member of the governing body,
c
a member of the clinical commissioning group who is an individual (but is not a member of the governing body), or
d
an individual of a description specified in the constitution.
6
In this paragraph, references to the functions of the governing body of a clinical commissioning group include references to the functions of the clinical commissioning group which are exercisable by the governing body under arrangements specified in the constitution by virtue of paragraph 3(3).
8
1
The constitution must specify the procedure to be followed by the governing body in making decisions.
2
The constitution must also specify the arrangements made by the clinical commissioning group for securing that there is transparency about the decisions of the governing body and the manner in which they are made.
3
The provision made under sub-paragraph (2) must include provision for meetings of governing bodies to be open to the public, except where the clinical commissioning group considers that it would not be in the public interest to permit members of the public to attend a meeting or part of a meeting.
Supplemental
9
In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.
PART 2Further provision about clinical commissioning groups
Status
10
1
A clinical commissioning group is a body corporate.
2
A clinical commissioning group is not to be regarded as a servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown.
3
The property of a clinical commissioning group is not to be regarded as property of, or property held on behalf of, the Crown.
Staff
11
1
A clinical commissioning group may appoint such persons to be employees of the group as it considers appropriate.
2
A clinical commissioning group must—
a
pay its employees remuneration and travelling or other allowances in accordance with determinations made by its governing body under section 14L(3)(a), and
b
employ them on such other terms and conditions as it may determine.
3
A clinical commissioning group may, for or in respect of such of its employees as it may determine, make arrangements for providing pensions, allowances or gratuities.
4
Such arrangements may include the establishment and administration, by the clinical commissioning group or otherwise, of one or more pension schemes.
5
The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning group's employees who suffer loss of office or employment or loss or diminution of emoluments.
Accountable officer
12
1
A clinical commissioning group must have an accountable officer.
2
The accountable officer is to be appointed by the Board.
3
The Board may appoint a person to be the accountable officer for more than one clinical commissioning group (and in the following provisions of this paragraph such an appointment is referred to as a “joint appointment”).
4
The accountable officer may be—
a
an individual who is a member of the clinical commissioning group or of any body that is a member of the group or, in the case of a joint appointment, an individual who is a member of any of the groups in question or of any body that is a member of any of those groups, or
b
an employee of the group or of any member of the group or, in the case of a joint appointment, an employee of any of the groups in question or of any member of those groups.
5
If the accountable officer is not an employee of the clinical commissioning group or, in the case of a joint appointment, of any of the groups in question, the group or any of the groups may pay remuneration and travelling or other allowances to the accountable officer in accordance with determinations made by its governing body under section 14L(3)(a).
6
A clinical commissioning group may, for or in respect of its accountable officer, make arrangements for providing pensions, allowances or gratuities.
7
The arrangements that may be made under sub-paragraph (6) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of the accountable officer where the officer suffers loss of office or loss or diminution of emoluments.
8
Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the arrangements that may be made under sub-paragraph (6) include arrangements for the accountable officer to be a member of the scheme.
9
The accountable officer is responsible for ensuring that the clinical commissioning group or, in the case of a joint appointment, each of the groups in question—
a
complies with its obligations under—
i
sections 14Q and 14R,
ii
sections 223H to 223J,
iii
paragraphs 17 to 19 of this Schedule, and
iv
any other provision of this Act specified in a document published by the Board for the purposes of this sub-paragraph, and
b
exercises its functions in a way which provides good value for money.
Remuneration etc for members of governing bodies
13
1
A clinical commissioning group may pay members of its governing body such remuneration and travelling or other allowances as it considers appropriate.
2
A clinical commissioning group may, for or in respect of such members of its governing body as it may determine, make arrangements for providing pensions, allowances or gratuities.
3
Such arrangements may include the establishment and administration, by the clinical commissioning group or otherwise, of one or more pension schemes.
4
The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body who suffer loss or diminution of emoluments.
5
Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be members of the scheme.
6
Sub-paragraph (2) does not apply to members of the governing body who are—
a
members or employees of the clinical commissioning group, or
b
members or employees of a body that is a member of the clinical commissioning group.
Additional powers in respect of payment of allowances
14
A clinical commissioning group may pay such travelling or other allowances as it considers appropriate to any of the following—
a
members of the clinical commissioning group who are individuals;
b
individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between the member and the group;
c
members of any committee or sub-committee of the clinical commissioning group or its governing body.
Trust funds and trustees
15
1
The Secretary of State may by order provide for the appointment of trustees for a clinical commissioning group to hold property on trust—
a
for the general or any specific purposes of the group, or
b
for any purposes relating to the health service in England.
2
An order under sub-paragraph (1) may—
a
make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment,
b
make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),
c
make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as the Secretary of State considers appropriate, and
d
make provision with respect to the term of office of any trustee and his or her removal from office.
3
Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for the transfer of any trust property from the clinical commissioning group to the trustees.
Externally financed development agreements
16
1
The powers of a clinical commissioning group include power to enter into externally financed development agreements.
2
For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.
3
The Secretary of State may give a certificate under this paragraph if—
a
in the Secretary of State's opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the discharge by a clinical commissioning group of any of its functions, and
b
a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.
4
If a clinical commissioning group enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.
5
In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning group.
6
The fact that an agreement made by a clinical commissioning group has not been certified under this paragraph does not affect its validity.
Accounts and audits
17
1
A clinical commissioning group must keep proper accounts and proper records in relation to the accounts.
2
A clinical commissioning group must prepare annual accounts in respect of each financial year.
3
The Board may, with the approval of the Secretary of State, direct a clinical commissioning group to prepare accounts in respect of such period or periods as may be specified in the direction.
4
The Board may, with the approval of the Secretary of State, give directions to a clinical commissioning group as to—
a
the methods and principles according to which its annual or other accounts must be prepared, and
b
the form and content of such accounts.
5
The annual accounts and, if the Board so directs, accounts prepared by virtue of sub-paragraph (3) must be audited in accordance with the Audit Commission Act 1998 by an auditor or auditors appointed in accordance with arrangements made by the Board for the purposes of this paragraph.
6
The Comptroller and Auditor General may examine—
a
the annual accounts and any records relating to them, and
b
any report on them by the auditor or auditors.
7
A clinical commissioning group must send its audited annual accounts, and any audited accounts prepared by it by virtue of sub-paragraph (3), to the Board by no later than the date specified in a direction by the Board.
8
The Board may direct a clinical commissioning group to send its unaudited annual accounts, and any unaudited accounts prepared by it by virtue of sub-paragraph (3), to the Board by no later than the date specified in a direction by the Board.
9
For the purposes of this paragraph “financial year” includes the period which begins on the day the clinical commissioning group is established and ends on the following 31 March.
Provision of financial information to Board
18
1
The Board may direct a clinical commissioning group to supply it with such information relating to its accounts or to its income or expenditure, or its use of resources, as may be specified in the direction.
2
The power conferred by sub-paragraph (1) includes power to direct a clinical commissioning group to supply the Board with—
a
estimates of its future income or expenditure or its future use of resources;
b
any information which the Board considers is necessary to enable it to verify any other information supplied to it under sub-paragraph (1).
3
A clinical commissioning group must supply the Board with any information specified in a direction under sub-paragraph (1) within such period as may be specified in the direction.
4
In this paragraph, a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.
Provision of information required by the Secretary of State
19
1
The Secretary of State may require each clinical commissioning group to provide the Board with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service.
2
The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.
3
The powers conferred by this paragraph must be exercised in the same way in relation to each clinical commissioning group.
4
The Board must give any information obtained by it under sub-paragraph (1) to the Secretary of State, in such form, and at such time or within such period, as the Secretary of State may require.
Incidental powers
20
The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—
a
enter into agreements,
b
acquire and dispose of property, and
c
accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).
Seal and evidence
21
1
The application of a clinical commissioning group's seal must be authenticated by the signature of any person who has been authorised (generally or specially) for that purpose.
2
Any instrument which, if executed by an individual, would not need to be under seal may be executed on behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for that purpose.
3
A document purporting to be duly executed under a clinical commissioning group's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.
PART 3Transfer schemes
22
The things that may be transferred under a property transfer scheme or a staff transfer scheme under section 14I include—
a
property, rights and liabilities that could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme;
c
criminal liabilities.
23
A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—
a
create rights, or impose liabilities, in relation to property or rights transferred;
b
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
c
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
d
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee.
24
A property transfer scheme may make provision for the shared ownership or use of property.
25
A staff transfer scheme may make provision which is the same or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
26
A property transfer scheme or a staff transfer scheme may provide—
a
for the scheme to be modified by agreement after it comes into effect, and
b
for any such modifications to have effect from the date when the original scheme comes into effect.
I92I618 SCHEDULE 3Pharmaceutical remuneration
Sch. 3 partly in force; Sch. 3 in force for specified purposes at Royal Assent, see s. 306(1)(d)
Sch. 3 in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
SCHEDULE 12APharmaceutical remuneration
Interpretation
1
In this Schedule—
a
“drugs” includes medicines and listed appliances (within the meaning of section 126), and
b
“pharmaceutical remuneration” means remuneration paid by the Board to persons providing pharmaceutical services or local pharmaceutical services.
Pharmaceutical remuneration to be apportioned among clinical commissioning groups
2
1
The Board must determine the elements of pharmaceutical remuneration in respect of which apportionments are to be made in relation to a financial year in accordance with this paragraph.
2
In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.
3
The Board must notify each clinical commissioning group of a determination under sub-paragraph (1).
4
The Board must apportion the sums paid by it in respect of each designated element during the financial year among all clinical commissioning groups, in such manner as the Board thinks appropriate.
5
In apportioning sums under sub-paragraph (4), the Board may, in particular, take into account the financial consequences of orders for the provision of drugs that are attributable to the members of each clinical commissioning group.
6
Where an amount of pharmaceutical remuneration is apportioned to a clinical commissioning group, the Board—
a
may deduct that amount from the sums that it would otherwise pay to the group under section 223G(1), and
b
if it does so, must notify the group accordingly.
7
The Secretary of State may direct the Board that an element of pharmaceutical remuneration specified in the direction is not to be included in a determination under sub-paragraph (1).
8
In determining the amount to be allotted to a clinical commissioning group for the purposes of section 223G, the Board must take into account the effect of this Schedule.
9
For the purposes of sections 223H and 223I(3) and paragraph 17 of Schedule 1A, any amount of which a clinical commissioning group is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.
Other pharmaceutical remuneration
3
1
This paragraph applies in relation to pharmaceutical remuneration paid in a financial year other than—
a
designated elements of such remuneration, and
b
remuneration of a prescribed description.
2
The Board may require a person to reimburse the Board for any pharmaceutical remuneration to which this paragraph applies if the drugs or services to which the remuneration relates were—
a
ordered by that person, or
b
ordered in the course of the delivery of a service arranged by that person.
3
Any sum payable to the Board by virtue of sub-paragraph (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).
Exercise of functions
4
The Board may, with the consent of the Secretary of State—
a
direct a Special Health Authority to exercise any functions of the Board under this Schedule, or
b
arrange for any other person to exercise any of those functions.
SCHEDULE 4Amendments of the National Health Service Act 2006
PART 1The health service in England
I270I6191
1
For section 2 substitute—
2General power
The Secretary of State, the Board or a clinical commissioning group may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on that person by this Act.
2
For the cross-heading preceding section 2 substitute “General power”.
2
I406I6201
Section 6 (performance of functions outside England) is amended as follows.
I6212
For subsection (1) substitute—
1
Where the Secretary of State has a duty or power to provide anything under section 2A or 2B or Schedule 1, that thing may be provided outside England.
I4073
After subsection (1) insert—
1A
Where a clinical commissioning group or the Board has a duty or power to arrange for the provision of anything under section 3, 3A, 3B or 4 or Schedule 1, it may arrange for that thing to be provided outside England.
I6214
In subsection (2) for “The Secretary of State's functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.
I6223
1
Section 6A (reimbursement of cost of services provided in another EEA state) is amended as follows.
2
In subsection (3)(b) after “Secretary of State” insert “, the Board”.
3
In subsection (7) after “Secretary of State” insert “, the Board”.
4
In subsection (8) in each of paragraphs (a) and (b)—
a
after “Secretary of State” insert “, the Board”, and
b
for “either of them” substitute “any of them”.
5
In subsection (9), after “Secretary of State” (in the second place it occurs) insert “, the Board”.
6
In subsection (11), in the definition of “responsible authority”—
a
omit “Strategic Health Authority or”,
b
omit “Primary Care Trust”,
c
before “responsible under” insert “a local authority or clinical commissioning group”, and
d
for “securing” substitute “arranging for”.
I6234
1
Section 6B (prior authorisation for the purposes of section 6A) is amended as follows.
2
In subsection (2)(b) after “Secretary of State” insert “, the Board”.
3
In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of State” insert “, the Board”.
I6245
1
In section 8 (Secretary of State's directions to health service bodies), in subsection (2)—
a
omit paragraph (a), and
b
omit paragraph (b).
2
In the heading to that section after “to” insert “certain”.
3
Before section 8 insert the following cross-heading “Directions to certain NHS bodies”.
6
I6251
Section 9 (NHS contracts) is amended as follows.
2
In subsection (4)—
I271a
before paragraph (a) insert—
za
the Board,
zb
a clinical commissioning group,
I625b
omit paragraph (a), and
I625c
omit paragraph (b).
7
In section 11 (arrangements to be treated as NHS contracts), in subsection (1)—
I272a
after “under which” insert “the Board,”,
I1051b
omit “a Strategic Health Authority,” and
I1051c
omit “a Primary Care Trust”.
I6268
1
Section 12 (arrangements with other bodies) is amended as follows.
2
In subsection (1) for “any service under this Act” substitute “anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”.
3
For subsection (2) substitute—
2
The bodies with whom arrangements may be made under subsection (1) include—
a
the Board,
b
clinical commissioning groups,
c
any other public authorities, and
d
voluntary organisations.
4
For subsection (3) substitute—
3
The Secretary of State may make available any facilities provided by the Secretary of State under section 2A or 2B or Schedule 1 to any service provider or to any eligible voluntary organisation.
3A
In subsection (3)—
“eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
“service provider” means a person or body with whom the Secretary of State has made an arrangement under subsection (1).
5
In subsection (4)—
a
after paragraph (a) insert—
aa
the Board,
ab
a clinical commissioning group,
ac
a local authority,
b
omit paragraph (b), and
c
omit paragraph (c).
6
After subsection (4) insert—
4A
In subsection (4), “local authority” has the same meaning as in section 2B.
7
For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.
I408I6279
After section 12 insert—
12ZACommissioning arrangements by the Board or clinical commissioning groups
1
This section applies in relation to arrangements made by the Board or a clinical commissioning group in the exercise of functions under section 3, 3A, 3B or 4 or Schedule 1.
2
The arrangements may be made with any person or body (including public authorities and voluntary organisations).
3
If the Board or a clinical commissioning group arranges for the provision of facilities by a service provider, it may also make arrangements for those facilities to be made available to another service provider or to an eligible voluntary organisation.
4
The Board or a clinical commissioning group may make available any of its facilities to—
a
a service provider, or
b
an eligible voluntary organisation.
5
Where facilities are made available under subsection (4) any of the following persons may make available the services of any employee of that person who is employed in connection with the facilities—
a
the Secretary of State,
b
the Board,
c
a clinical commissioning group,
d
a Special Health Authority, or
e
a Local Health Board.
6
Goods or materials may be made available under this section either temporarily or permanently.
7
Any power to supply goods or materials under this section includes—
a
a power to purchase or store them, and
b
a power to arrange with third parties for the supply of goods or materials by those third parties.
8
Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments.
9
In this section—
“eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;
“service provider” means a person or body with whom the Board or a clinical commissioning group has made arrangements in the exercise of the functions mentioned in subsection (1).
I62810
1
Section 12A (direct payments for health care) is amended as follows.
2
In subsection (1) after “The Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.
3
In subsection (2)—
a
for paragraph (a) substitute—
a
anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1;
b
after that paragraph insert—
aa
anything that the Board or a clinical commissioning group may or must arrange for the provision of under this Act or any other enactment.
c
omit paragraphs (b) and (c).
4
In subsection (4)—
a
for “a Primary Care Trust” substitute “a clinical commissioning group”,
b
for “the trust” substitute “the group”, and
c
at the end insert “; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.”
5
In subsection (5), omit “or under regulations under subsection (4)”.
6
After subsection (6) insert—
7
In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.
I62911
1
Section 12B (regulations about direct payments) is amended as follows.
2
In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the Primary Care Trust” substitute “, the Board, a clinical commissioning group or a local authority”.
3
In subsection (4) —
a
for “or the Primary Care Trust”, in the first place it occurs, substitute “, the Board, a clinical commissioning group or a local authority”, and
b
for “or the Primary Care Trust”, in the second place it occurs, substitute “the Board, a clinical commissioning group or a local authority (as the case may be)”.
4
In subsection (5)—
a
in paragraph (a), after “the Secretary of State” insert “or a local authority or as arranged for by the Board or a clinical commissioning group (as the case may be)”, and
b
in paragraph (b) for “a Primary Care Trust with respect to the provision of” substitute “the Board, a clinical commissioning group or a local authority with respect to the arrangement for the provision of”.
I63012
In section 12D (arrangements with other bodies relating to direct payments)—
a
in subsection (1) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”, and
b
in subsection (3) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.
PART 2NHS Bodies
I27313
In section 28 (special health authorities), omit subsection (6).
I63114
In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—
a
omit “, section 14”, and
b
omit “, section 19”.
I63215
Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).
I63316
In section 67 (effect of intervention orders), in subsection (1)—
a
in paragraph (a)—
i
omit “Strategic Health Authority,” and
ii
omit “Primary Care Trust,” and
b
in paragraph (b)—
i
omit “Strategic Health Authority,” and
ii
omit “Primary Care Trust,”.
I63417
In section 70 (transfer of residual liabilities)—
a
in subsection (1)—
i
omit “a Strategic Health Authority,”, and
ii
omit “a Primary Care Trust,”, and
b
in the heading, at the end insert “of certain health service bodies”.
18
I274I6351
Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is amended as follows.
2
In subsection (2)—
I275a
after “are—” insert—
za
the Board,
zb
clinical commissioning groups,
I636b
omit paragraph (a),
I636c
omit paragraph (b),
I275d
after paragraph (h) (and before the “and” immediately following it) insert—
ha
a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board,
hb
a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,”, and
I275e
in paragraph (i)—
i
for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (hb)”, and
ii
for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to (h)”.
I2753
In subsection (2A)—
a
after paragraph (a) insert—
ab
in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body;
b
in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs (za) to (h)”.
4
In subsection (3)(a)—
I275a
after “the Secretary of State” insert “or the Board”,
I636b
omit “Strategic Health Authority,”, and
I636c
omit “Primary Care Trust,”.
I6365
In subsection (5), for “(a) to (d),” substitute “(c), (d),”.
6
In subsection (6)—
I275a
after “the Secretary of State,” insert “the Board or”,
I636b
omit “Strategic Health Authority,” and
I636c
omit “Primary Care Trust,”.
I63719
In section 73 (directions and regulations), in subsection (1) omit paragraphs (c) to (f).
I63820
Omit Schedule 2.
I63921
Omit Schedule 3.
I64022
1
Schedule 4 (NHS trusts) is amended as follows.
2
In paragraph (5)(1)(f), omit “Primary Care Trusts,”.
3
In paragraph 6—
a
in sub-paragraph (1) —
i
omit “Strategic Health Authority,” and
ii
omit “, Primary Care Trust”, and
b
in sub-paragraph (2) —
i
omit “Strategic Health Authority,” and
ii
omit “, Primary Care Trust”.
4
In paragraph 7(3), omit “Strategic Health Authority,”.
5
In paragraph 8—
a
in sub-paragraph (1), omit “, Primary Care Trust” (in each place where it occurs), and
b
in sub-paragraph (4), omit “, Primary Care Trust”,
c
in sub-paragraph (5), omit “, Primary Care Trust” (in each place where it occurs),
d
in sub-paragraph (6)(b), omit “, Primary Care Trust”, and
e
in sub-paragraph (9)(b), omit “, Primary Care Trust”.
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)—
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,”,
d
in sub-paragraph (7)—
i
in paragraph (a), omit “Strategic Health Authority,”,
ii
in that paragraph omit “or belong to a Primary Care Trust”, and
iii
in the words following paragraph (b)—
a
omit “Strategic Health Authority,”, and
b
omit “Primary Care Trust,”.
7
In paragraph 15, omit sub-paragraphs (2) and (3).
8
In paragraph 18—
a
omit “Strategic Health Authority,” and
b
omit “Primary Care Trust,”.
9
In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.
10
In paragraph 30, in sub-paragraph (1)—
a
omit “Strategic Health Authority,” and
b
omit “Primary Care Trust,”.
I64123
1
Schedule 6 (special health authorities established under section 28) is amended as follows.
2
In paragraph 3(8)—
a
for “to a Strategic Health Authority” substitute “to the Board”, and
b
for “a Strategic Health Authority” substitute “the Board”.
3
In paragraph 3(12)—
a
in paragraph (a) for “of a Strategic Health Authority” substitute “of the Board”, and
b
in paragraph (b) omit “or by a Strategic Health Authority”.
4
In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.
PART 3Local authorities
I64224
In section 74 (supply of goods and services by local authorities), in subsection (1)(a)—
a
at the beginning insert “the Board and”,
b
after “any” insert “clinical commissioning group or,”,
c
omit “Strategic Health Authority,” and
d
omit “or Primary Care Trust”.
I64325
In section 76 (power of local authorities to make payments), in subsection (1)—
a
after the first “to” insert “the Board, a clinical commissioning group”,
b
omit “a Strategic Health Authority,” and
c
omit “a Primary Care Trust”.
I64426
In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a Primary Care Trust or”.
I64527
In section 78 (directed partnership agreements), in subsection (3)—
a
omit paragraph (a), and
b
omit paragraph (b).
I64628
1
Section 80 (supply of goods and services by the Secretary of State) is amended as follows.
2
In subsection (1)—
a
after “The Secretary of State” insert “, the Board or a clinical commissioning group”, and
b
in paragraph (b) for “he” substitute “the Secretary of State”.
3
In subsection (3)—
a
in paragraph (a) omit “or by a Primary Care Trust”, and
b
in paragraph (b)—
i
omit “a Strategic Health Authority,” and
ii
omit “a Primary Care Trust,”.
4
After subsection (3) insert—
3A
The Board or a clinical commissioning group may make available to persons falling within subsection (1)—
a
any facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act (including by virtue of section 7A),
b
any facilities of the Board or (as the case may be) the group, and
c
the services of persons employed by the Board or (as the case may be) the group.
5
In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may arrange for the carrying out of,”.
6
In subsection (5), for “The Secretary of State” substitute “The Board”.
7
In subsection (6)—
a
in paragraph (a), after “provided” insert “by the Secretary of State”,
b
in paragraph (b)—
i
omit “a Strategic Health Authority,” and
ii
omit “a Primary Care Trust,” and
c
in paragraph (c)—
i
omit “a Strategic Health Authority,” and
ii
omit “a Primary Care Trust,”.
8
After subsection (6) insert—
6A
The Board and each clinical commissioning group must make available to local authorities—
a
any services (other than the services of any person) or other facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act,
b
the services of persons employed by the Board or (as the case may be) the group, and
c
any facilities of the Board or (as the case may be) the group,
so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
9
In subsection (7)—
a
for “The Secretary of State” substitute “The Board”,
b
at the end of paragraph (c) insert “or”, and
c
omit paragraph (e) and the word “or” immediately preceding it.
10
After that subsection insert—
8
The Secretary of State may arrange to make available to local authorities the services of persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
9
The Board or a clinical commissioning group may arrange to make available to local authorities the services of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.
10
The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical commissioning group includes a reference to arrangements so made by virtue of section 7A.
11
In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
12
Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.
I64729
1
Section 81 (conditions of supply under section 80) is amended as follows.
2
In subsection (1)—
a
for the words from the beginning to “that section” substitute “Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
b
in paragraph (a) for “the Secretary of State” substitute “the person”, and
c
in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the officer's employer,”.
3
In subsection (2)—
a
for “The Secretary of State” substitute “The person concerned”, and
b
for “he” substitute “it”.
4
In subsection (3)—
a
omit “Strategic Health Authorities,”, and
b
omit “Primary Care Trusts,”.
5
In subsection (4) for “the Secretary of State” substitute “the person who makes the services available”.
6
In subsection (5) —
a
for the words from the beginning to “section 80(6)” substitute “A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them”, and
b
for “the Secretary of State” substitute “the person”.
PART 4Medical services
I64830
1
Section 83 (duty relating to primary medical services) is amended as follows.
2
For subsections (1) and (2) substitute—
1
The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary medical services throughout England.
2
The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.
2A
Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance of a service outside England.
3
In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”.
4
Omit subsection (4).
5
For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical services”.
I64931
1
Section 84 (general medical services contracts: introductory) is amended as follows.
2
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3
In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (4), for paragraph (b) substitute—
b
services to be performed outside England.
I65032
In section 86 (persons eligible to enter into general medical services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I65133
In section 87 (general medical services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I65234
1
In section 89 (general medical services contracts: required terms), in subsection (4)(a), for “a Primary Care Trust” substitute “the Board”.
2
The variations to contract terms that may be imposed by virtue of subsection (2)(d) of that section include, in particular, variations in consequence of the establishment of clinical commissioning groups.
I65335
1
Section 91 (persons performing primary medical services) is amended as follows.
2
In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a
subsection (1), in each place it occurs,
b
subsection (3)(j),
c
subsection (4)(a), (b) and (d), and
d
subsection (6)(a) and (b).
3
In subsection (2), for paragraph (b) substitute—
b
the Board is responsible for a medical service if it secures its provision by or under any enactment.
4
In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I93I65436
1
Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is amended as follows.
2
For subsection (1) substitute—
1
The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services contracts, under which primary medical services are provided.
3
Omit subsection (6).
4
Omit subsection (7).
5
For the title to that section substitute “Arrangements by the Board for the provision of primary medical services”.
6
The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.
I65537
1
Section 93 (participants in section 92 arrangements) is amended as follows.
2
In subsection (1)—
a
for “A Strategic Health Authority” substitute “The Board”, and
b
omit paragraph (g).
3
In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
4
In that subsection, in the definition of “qualifying body”, for “(e) or (g)” substitute “or (e)”.
I65638
1
Section 94 (regulations about section 92 arrangements) is amended as follows.
2
In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
3
In subsection (3), after paragraph (c) insert—
ca
make provision with respect to the performance outside England of services to be provided in accordance with section 92 arrangements,
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5
The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in particular, variations in consequence of the establishment of clinical commissioning groups.
I65739
Omit section 95 (transfer of liabilities relating to section 92 arrangements).
I65840
1
Section 96 (assistance and support) is amended as follows.
2
In subsection (1)—
a
for “A Primary Care Trust” substitute “The Board”, and
b
before paragraph (a) insert—
za
primary medical services pursuant to section 83(2),
3
In subsection (2)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
I65941
1
Section 97 (Local Medical Committees) is amended as follows.
2
In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3
In subsection (3)—
a
in paragraph (a), omit sub-paragraph (i), and
b
in paragraph (b), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5
Omit subsection (7).
6
In subsection (10)—
a
for “A Primary Care Trust” substitute “The Board”, and
b
in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.
PART 5Dental services
I66042
1
Section 99 (duty relating to primary dental services) is amended as follows.
2
For subsection (1) substitute—
1
The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary dental services throughout England.
1A
Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.
3
Omit subsection (2).
4
In subsection (3)—
a
for “Each Primary Care Trust” substitute “The Board”, and
b
for “for which it makes provision” substitute “for which provision is made”.
5
Omit subsection (4).
6
For the cross-heading preceding that section substitute “Duty of the Board in relation to primary dental services”.
I66143
1
Section 100 (general dental services contracts: introductory) is amended as follows.
2
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3
In subsections (3) and (4), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (3), in paragraph (a), after “dental services” insert “or services which are to be performed outside England”.
I66244
In section 102 (persons eligible to enter into general dental services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I66345
In section 103 (general dental services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I66446
In section 104 (general dental services contracts: required terms), in subsection (3) for “a Primary Care Trust” substitute “the Board”.
I66547
1
Section 106 (persons performing primary dental services) is amended as follows.
2
In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a
subsection (1), in each place it occurs,
b
subsection (3)(j),
c
subsection (4)(a), (b) and (d), and
d
subsection (6)(a) and (b).
3
In subsection (2), for paragraph (b) substitute—
b
the Board is responsible for a dental service if it secures its provision by or under any enactment.
4
In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I94I66648
1
Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is amended as follows.
2
For subsection (1) substitute—
1
The Board may make agreements, other than general dental services contracts, under which primary dental services are provided.
3
Omit subsection (7).
4
For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”.
5
The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.
I66749
1
Section 108 (participants in section 107 arrangements) is amended as follows.
2
In subsection (1)—
a
for “A Strategic Health Authority” substitute “The Board”, and
b
omit paragraph (g).
3
In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
I66850
1
Section 109 (regulations about section 107 arrangements) is amended as follows.
2
In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
3
In subsection (3), after paragraph (c) insert—
ca
make provision with respect to the performance outside England of services to be provided in accordance with section 107 arrangements,
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
I66951
Omit section 110 (transfer of liabilities relating to section 107 arrangements).
I67052
1
Section 112 (assistance and support) is amended as follows.
2
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3
In subsection (2)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
I67153
1
Section 113 (Local Dental Committees) is amended as follows.
2
In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3
In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5
Omit subsection (7).
6
In subsection (10)—
a
for “A Primary Care Trust” substitute “The Board”, and
b
in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.
PART 6Ophthalmic services
I67254
1
Section 115 (duty relating to primary ophthalmic services) is amended as follows.
2
In subsection (1), for the words from the beginning to “area,” substitute “The Board must exercise its powers so as to secure the provision throughout England”.
3
After that subsection insert—
1A
Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.
4
For subsection (4) substitute—
4
The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.
4A
Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England.
5
In subsection (5), for “Each Primary Care Trust” substitute “The Board”.
6
Omit subsection (6).
7
In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.
8
For the cross-heading preceding that section substitute “Duty of the Board in relation to primary ophthalmic services”.
I67355
1
Section 117 (general ophthalmic services contracts: introductory) is amended as follows.
2
In subsection (1), for “A Primary Care Trust” substitute “The Board”.
3
In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (4), for paragraph (b) substitute—
b
services which are to be performed outside England.
I67456
In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
I67557
In section 119 (exclusion of contractors), for “a Primary Care Trust” substitute “the Board”.
I67658
In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
I67759
In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.
I67860
1
Section 123 (persons performing primary ophthalmic services) is amended as follows.
2
In the following provisions, for “a Primary Care Trust” substitute “the Board”—
a
subsection (1), in each place it occurs,
b
subsection (3)(j),
c
subsection (4)(a), (b) and (d), and
d
subsection (7)(a) and (b).
3
In subsection (2), for paragraph (b) substitute—
b
the Board is responsible for an ophthalmic service if it secures its provision by or under any enactment.
4
In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
I67961
1
Section 124 (primary ophthalmic services: assistance and support) is amended as follows.
2
In subsection (1)—
a
for “A Primary Care Trust” substitute “The Board”, and
b
at the end insert “or primary ophthalmic services that fall within section 115(4)”.
3
In subsection (2)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
I68062
1
Section 125 (Local Optical Committees) is amended as follows.
2
In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.
3
In subsection (3)—
a
in paragraph (a), omit “, whether under section 115(4)(a), or”, and
b
in paragraph (b), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (7), for “a Primary Care Trust” substitute “the Board”.
5
In subsection (10)—
a
for “A Primary Care Trust” substitute “The Board”, and
b
in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.
PART 7Pharmaceutical services
I68163
1
Section 126 (arrangements for pharmaceutical services) is amended as follows.
2
In subsection (1), for “Each Primary Care Trust” substitute “The Board”.
3
In subsection (3), for the words from “as respects” to “that area” substitute “for the provision to persons who are in England”.
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
5
Omit subsection (7).
I68264
1
Section 127 (arrangements for additional pharmaceutical services) is amended as follows.
2
In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute “the Board”.
3
In subsection (1)(a), for “within or outside its area” substitute “in England”.
4
In subsection (2), omit the words from “(whether” to the end.
I68365
1
Section 128 (terms and conditions of arrangements under section 127) is amended as follows.
2
In subsection (1), for “the Primary Care Trust to which they apply” substitute “the Board”.
3
In subsection (4), for “A Primary Care Trust” substitute “The Board”.
4
In subsection (5), for “a Primary Care Trust” substitute “the Board”.
I68466
I951
Section 129 (regulations as to pharmaceutical services) is amended as follows.
2
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3
In subsection (2)—
a
in paragraph (a)—
i
for “a Primary Care Trust” substitute “the Board”, and
ii
for “the area of the Primary Care Trust” substitute “England”,
b
in paragraph (b), for “a Primary Care Trust” substitute “the Board”, and
c
in paragraph (c), for “the Primary Care Trust” substitute “the Board”.
4
After subsection (2ZA) (inserted by section 207(3)) insert—
2ZB
Regulations under subsection (2)(a) may, in particular, require a list of persons to be prepared by reference to the area in which the premises from which the services are provided are situated (and regulations imposing that requirement must prescribe the description of area by reference to which the list is to be prepared).
5
In subsection (2A), for “The Primary Care Trust” substitute “The Board”,
6
In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
7
In subsection (6)—
a
in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for “a Primary Care Trust” substitute “the Board”,
b
in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each place it appears, substitute “the Board”, and
c
in paragraph (f), for “that Primary Care Trust” substitute “the Board”.
8
In subsection (6)(c)—
a
for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and
b
omit “in the area of the Primary Care Trust”.
9
In subsection (10A), for “Primary Care Trusts” substitute “The Board”.
I68567
In section 130 (regulations about appeals from decisions on applications for inclusion in pharmaceutical list), in subsection (2)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
I68668
1
Section 131 (power to charge fee to applicants) is amended as follows.
2
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3
In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (3)(a), omit the words from “and such” to the end.
I68769
1
Section 132 (persons authorised to provide pharmaceutical services) is amended as follows.
2
In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” substitute “the Board”.
3
In subsection (3)—
a
for “each Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
4
In subsection (4), after paragraph (a) insert—
aa
requiring a list of medical practitioners referred to in subsection (3) to be prepared by reference to an area of a prescribed description,
5
In subsection (5)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
I68870
1
Section 133 (inadequate provision of pharmaceutical services) is amended as follows.
2
In subsection (1)(a)—
a
for “the area, or part of the area, of a Primary Care Trust” substitute “any part of England”, and
b
omit “area or”.
3
In subsection (1)(b), for “any such area or part” substitute “any part of England”.
4
In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.
I68971
1
Section 134 (pilot schemes) is amended as follows.
2
In subsection (1), for “Primary Care Trusts” substitute “The Board”.
3
In subsection (2)—
a
in paragraph (a), for “a Primary Care Trust” substitute “the Board”,
b
after that paragraph insert “and”,
c
in paragraph (b), omit “(otherwise than by the Primary Care Trust)”, and
d
omit paragraph (c) and the preceding “and”.
4
In subsection (5), for “a Primary Care Trust” substitute “the Board”.
I69072
In section 136 (designation of priority neighbourhoods or premises), in subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”
I69173
In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.
I69274
1
Section 138 (variation and termination of pilot schemes) is amended as follows.
2
In subsection (1), for “Primary Care Trusts” substitute “the Board”.
3
In subsections (2) and (3), for “the Primary Care Trust concerned” substitute “the Board”.
I69375
1
Section 140 (funding of preparatory work) is amended as follows.
2
In subsection (1), for “Primary Care Trusts” substitute “the Board”.
3
In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the Board”.
I69476
1
In section 144 (local pharmaceutical services schemes)—
a
for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
b
omit “or Strategic Health Authorities”.
2
In consequence of the repeal made by sub-paragraph (1)(b), omit section 29(4) of the Health Act 2009.
I69577
1
Section 148 (conditional inclusion in pharmaceutical lists) is amended as follows.
2
In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list he is included” substitute “the Board”.
3
In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
4
In subsection (6), for “a Primary Care Trust” substitute “the Board”.
I69678
1
Section 150A (notices and penalties) is amended as follows.
2
In subsection (1)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
3
In subsection (2), for “Primary Care Trusts” substitute “the Board”.
I69779
1
Section 151 (disqualification of practitioners) is amended as follows.
2
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3
In subsection (5), for “the Primary Care Trust” substitute “the Board”.
4
In subsection (6), for “The Primary Care Trust” substitute “The Board”.
I69880
1
Section 152 (contingent removal) is amended as follows.
2
In subsections (1) and (3), for “the Primary Care Trust” substitute “the Board”.
3
In subsection (4), for “The Primary Care Trust” substitute “The Board”.
I69981
In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8) (in each place it appears), for “the Primary Care Trust” substitute “the Board”.
I70082
1
Section 155 (suspension pending removal) is amended as follows.
2
In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the Board”.
3
In subsection (5), for “The Primary Care Trust” substitute “The Board”.
I70183
1
Section 157 (review of decisions) is amended as follows.
2
In subsection (1), for “The Primary Care Trust” substitute “The Board”.
3
In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the Board”.
I70284
1
Section 158 (appeals) is amended as follows.
2
In subsection (1), for “a Primary Care Trust” substitute “the Board”.
3
In subsections (2) and (6), for “The Primary Care Trust” substitute “The Board”.
4
In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust” substitute “the Board”.
5
In subsection (7), for “Primary Care Trusts” substitute “the Board”.
I70385
1
Section 159 (national disqualification) is amended as follows.
2
In subsection (1), for “each Primary Care Trust”, in each place it appears, substitute “the Board”.
3
In subsection (3), for “a Primary Care Trust” substitute “the Board”.
4
In subsection (4)—
a
for “The Primary Care Trust” substitute “The Board”, and
b
for “the Primary Care Trust” substitute “the Board”.
5
In subsection (5), for “the Primary Care Trust's” substitute “the Board's”.
6
In subsection (6)—
a
in paragraph (a), for “no Primary Care Trust or” substitute “neither the Board nor a”, and
b
in paragraph (b), for “each Primary Care Trust” substitute “the Board (if he is included in a list prepared by it)”.
I70486
In section 160 (notification of decisions), for “a Primary Care Trust” substitute “the Board”.
I70587
In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a Primary Care Trust” substitute “the Board”.
I70688
1
Section 162 (regulations about decisions under Chapter 6 of Part 7) is amended as follows.
2
In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”.
3
In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the Board”.
I70789
1
Section 164 (remuneration for persons providing pharmaceutical services) is amended as follows.
2
In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.
3
In subsection (4A)(a)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “to persons who provide” substitute “for providing”.
I70890
1
Section 166 (indemnity cover) is amended as follows.
2
In subsection (2)(b)—
a
for “a Primary Care Trust” substitute “the Board”, and
b
for “the Primary Care Trust”, in each place it appears, substitute “the Board”.
3
In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for “a Primary Care Trust” substitute “the Board”.
I70991
1
Section 167 (local pharmaceutical committees) is amended as follows.
2
In subsection (1), for the words from the beginning to “other Primary Care Trusts,” substitute “The Board may recognise a committee formed for an area”.
3
In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust's area”.
4
In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary Care Trust” substitute “the Board”.
5
In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.
6
In subsection (9), for “A Primary Care Trust” substitute “The Board”.
I71092
1
Schedule 11 (pilot schemes) is amended as follows.
2
In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a Primary Care Trust” substitute “the Board”.
3
In paragraph 2 (preliminary steps)—
a
in sub-paragraph (1), for “the Primary Care Trust concerned” substitute “the Board”,
b
in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care Trust” substitute “the Board”,
c
in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the Board”, and
d
in sub-paragraph (5)(d)—
i
for “Primary Care Trusts” substitute “the Board”, and
ii
for “them” substitute “it”.
4
In paragraph 3 (approvals)—
a
in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust” substitute “the Board”, and
b
in sub-paragraph (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.
5
In paragraph 4 (preliminary approval)—
a
in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute “the Board”, and
b
in sub-paragraph (2), for “The Primary Care Trust” substitute “The Board”.
6
In paragraph 5 (effect of proposals on existing services)—
a
in sub-paragraph (1)(a)—
i
for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and
ii
for “the area of the Primary Care Trust” substitute “the area concerned”,
b
in sub-paragraph (1)(b), for the words from “supplied” to the end substitute “prepared under sub-paragraph (3)”,
c
in sub-paragraph (3)—
i
for “a Primary Care Trust” substitute “the Board”,
ii
for “the area of another Primary Care Trust” substitute “another area”, and
iii
for “consult that other Primary Care Trust about” substitute “prepare an assessment of the likely effect on those services of the implementation of”, and
d
omit sub-paragraph (4).
7
In paragraph 7 (making a scheme)—
a
in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and
b
in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
8
Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme.
I71193
1
Schedule 12 (LPS schemes) is amended as follows.
2
In paragraph 1 (provision of local pharmaceutical services)—
a
in sub-paragraph (1)—
i
for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and
ii
omit “or Strategic Health Authorities”,
b
in sub-paragraph (2)—
i
in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the “commissioner”)”,
ii
in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and
iii
in paragraph (b), for “the commissioning body” substitute “the commissioner”,
c
omit sub-paragraph (2A),
d
for sub-paragraph (2B) substitute—
2B
The Secretary of State may establish an LPS scheme only where the other party is the Board.
2C
The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may be prescribed.
e
in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and
f
in sub-paragraph (5), omit “in its area”.
3
In paragraph 2 (designation of priority neighbourhoods or premises)—
a
in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and
b
in sub-paragraph (1), omit “or Strategic Health Authority”.
4
In paragraph 3 (regulations)—
a
in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and
b
in sub-paragraph (3)(k)—
i
for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
ii
omit “or Strategic Health Authorities”.
5
In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009.
6
Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme.
PART 8Charging
I71294
In section 176 (dental charging)—
a
in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
b
in subsection (4)(a), omit sub-paragraph (i).
I71395
In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a).
I96I71496
1
Section 180 (payments in respect of costs of optical appliances) is amended as follows.
2
In subsection (1), for “him or a relevant body” substitute “the Board”.
3
In subsection (3), in paragraph (a)—
a
for “himself or such relevant body as may be prescribed” substitute “the Board”, and
b
for “he or the prescribed body” substitute “the Board”.
4
In paragraph (b) of that subsection—
a
for “him or such relevant body as may be prescribed” substitute “the Board”, and
b
for “him or by the prescribed body” substitute “the Board”.
5
After subsection (6) insert—
6A
The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of the Board's functions under regulations under this section.
6
Omit subsection (10).
7
In subsection (11), at the end insert “in accordance with the regulations”.
8
Omit subsection (12).
9
For the title to section 180 substitute “Payments in respect of costs of optical appliances and sight tests”.
I71597
1
Section 181 (provision supplementary to section 180) is amended as follows.
2
In subsection (3), omit the words from “(whether” to the end.
3
Omit subsection (9).
I71698
1
Section 183 (payment of travelling expenses) is amended as follows.
2
In paragraph (a) —
a
after “the Secretary of State” insert “, the Board, a clinical commissioning group,”, and
b
omit “, a Primary Care Trust,”.
3
In paragraph (b)—
a
after “by” insert “the Board,”,
b
omit “a Primary Care Trust”, and
c
before the first “to” insert “or a clinical commissioning group”, and
d
omit the words from “and” to “Trust,”.
4
In paragraph (c)—
a
after “by” insert “the Board,”,
b
omit “a Primary Care Trust”, and
c
before the first “to” insert “or a clinical commissioning group”.
I71799
In section 185 (charges for more expensive supplies), in subsection (2)—
a
after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,”, and
b
omit “a Primary Care Trust,”.
I718100
In section 186 (charges for repairs and replacements in certain cases), in subsection (2)—
a
after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,” and
b
omit “a Primary Care Trust,”.
I719101
In section 187 (charges for designated services or facilities) for the words from “designated” to the end substitute “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those provisions or any other provision of this Act)”.
I720102
In section 188 (sums otherwise payable to those providing services), in subsection (2) —
a
after the first “by” insert “the Board or a clinical commissioning group”, and
b
omit “a Primary Care Trust”.
PART 9Fraud etc.
I721103
1
Section 195 (compulsory disclosure of documents) is amended as follows.
2
In subsection (2) for “section 2(1)(b)” substitute “section 2”.
3
In subsection (3) —
a
for “section 2(1)(b)” substitute “section 2”,
b
in paragraph (a) after “(“NHS services”)” insert “or in arranging for the provision of such services”,
c
in paragraph (d) after “NHS services” insert “or with arranging for the provision of such services”, and
d
in paragraph (f) after “NHS services” insert “or with arranging for the provision of such services”.
104
I276I7221
Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows.
I277I7232
In subsection (2), for “section 28(6)” substitute “section 275(1)”.
3
In subsection (3)—
I277a
before paragraph (a) insert—
za
the Board,
zb
a clinical commissioning group,
I723b
omit paragraph (a), and
I723c
omit paragraph (c).
I7234
After subsection (5) insert—
5A
A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.
I724105
1
Section 197 (notice requiring production of documents) is amended as follows.
2
In subsection (1)(a) after “health service provider” insert “, public health service contractor”.
3
In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
I725106
In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State's functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.
I726107
1
Section 210 (interpretation of Part 10) is amended as follows.
2
In subsection (1) after “health service provider” insert “, “public health service contractor””.
3
In subsection (2)(a)—
a
after “in relation to” insert “the Secretary of State, local authorities,”, and
b
after “health service providers” insert “, public health service contractors”.
PART 10Property and finance
I727108
1
Section 211 (acquisition, use and maintenance of property) is amended as follows.
2
In subsection (4) for “A local social services authority” substitute “A local authority”.
3
After that subsection insert—
4A
In subsection (4), “local authority” has the same meaning as in section 2B.
109
In section 213 (transfers of trust property), in subsection (2)(c)—
F76a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I728b
omit “a Primary Care Trust,.”
110
I278I7291
Section 214 (transfer of functions and property to or from special trustees) is amended as follows.
2
In subsection (1)—
I279a
after the first “by” insert “the Board, a clinical commissioning group,”, and
I730b
omit “a Primary Care trust,”.
3
In subsection (3)(a)—
F77a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I730b
omit “a Primary Care Trust,”.
111
I280I7311
Section 215 (trustees and property under section 222) is amended as follows.
I7322
Omit subsection (2)(b) and the preceding “and”.
3
In subsection (3)—
F78a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I732b
omit paragraph (a).
4
In subsection (4)—
I281a
after the second “and” insert “the Board, clinical commissioning group,”,
I732b
omit “the Primary Care Trust,” (in each place it occurs), and
I281c
after the second “by” insert “the Board, clinical commissioning group,”.
I132I282112
In section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
113
In section 217 (trusts: supplementary provisions), in subsection (1)—
F79a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1046b
omit paragraph (f), and
I1046c
omit paragraph (g).
I733114
In section 218 (private trusts for hospitals), in subsection (4)—
a
in paragraph (b) omit “or Primary Care Trust”,
b
in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
c
for paragraph (d) substitute —
d
in any other case—
i
where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,
ii
where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.
I133I283115
In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
I734116
1
Section 222 (power to raise money) is amended as follows.
2
In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
3
After subsection (3) insert—
3A
In subsection (3) “appropriate authority” means—
a
in relation to a clinical commissioning group, the Board, and
b
in relation to any other body to which this section applies, the Secretary of State.
4
In subsection (9), for “section 224 or 226” substitute “section 225”.
117
I2841
In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State” insert “or the Board”.
I7352
After that section insert—
223AApplication of section 223 to clinical commissioning groups
1
Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
2
But the powers conferred by that section are exercisable by a clinical commissioning group only for the purpose of securing improvement—
a
in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
b
in the prevention, diagnosis and treatment of illness in such people.
I736118
Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
I737119
1
Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows.
2
Omit subsection (1).
3
In subsection (3) —
a
omit “Strategic Health Authority or”, and
b
for “subsection (1) or (2)” substitute “subsection (2)”.
4
In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
5
In subsection (5) omit “Strategic Health Authority or”.
6
In subsection (6) omit “Strategic Health Authority or”.
7
In subsection (7)—
a
in paragraph (a) omit “specified Strategic Health Authority or”,
b
omit paragraph (b)(i) and the word “or” immediately following it, and
c
omit paragraph (c)(i) and the word “or” immediately following it, and
d
in the words following paragraph (c) omit “Strategic Health Authority or”.
8
In the heading to the section, omit “Strategic Health Authorities and”.
I738120
1
Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows.
2
In subsection (1), omit “Strategic Health Authority and each”.
3
In subsection (2)(b) omit “Strategic Health Authority or”.
4
In subsection (3) omit “Strategic Health Authority or”.
5
In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
6
In the heading to the section, omit “Strategic Health Authorities and”.
I739121
Omit sections 228 to 231 (funding of Primary Care Trusts etc).
I740122
In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
I97I741123
1
Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows.
2
In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning group”.
3
In subsection (2)(b)—
a
after “report made” insert
—
i
b
omit “a Primary Care Trust,”,
c
before “NHS trust” insert “an”, and
d
at the end insert
, or
ii
pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group, or
iii
pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority.
I742124
Omit Schedule 14 (further provision about expenditure of Primary Care Trusts).
125
I4401
Schedule 15 (accounts and audits) is amended as follows.
I4402
In paragraph 1(1)—
a
omit paragraph (a),
b
omit paragraph (c), and
c
omit paragraph (g).
I4403
In paragraph 5, omit sub-paragraph (2).
I2354
Omit paragraph 7.
I2355
In paragraph 8(3) omit “or 7”.
I2356
Omit paragraph 9.
PART 11Public involvement and scrutiny
I743126
1
Section 242 (public involvement and consultation) is amended as follows.
2
In subsection (1A)—
a
omit paragraph (a), and
b
omit paragraph (b).
3
Omit subsections (4) and (5).
I744127
Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of users).
PART 12Miscellaneous
I745128
After section 254 insert—
Support functions of the Secretary of State
Support functions of the Secretary of State254A
1
The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the health service or providing services for its purposes—
a
provide (or otherwise make available) to the person goods, materials or other facilities;
b
facilitate the recruitment and management of the person's staff;
c
develop or operate information or communication systems;
d
do such other things to facilitate or support the carrying out of the person's functions or other activities as the Secretary of State considers appropriate;
e
arrange for any other person to do anything mentioned in paragraphs (a) to (d) or to assist the Secretary of State in doing any such thing.
2
The power conferred by subsection (1)(a) includes power to purchase goods and materials for the purpose of providing them or making them available.
3
The Secretary of State may, in connection with anything done under subsection (1), make available the services of any person employed by the Secretary of State.
4
The powers conferred by this section may be exercised on such terms, including terms as to the making of payments to or by the Secretary of State, as may be agreed.
5
In this section, “the health service” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.
I98I746129
1
Section 256 (power of Primary Care Trusts to make payments towards expenditure on community services) is amended as follows.
2
In subsection (1) for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”.
3
In subsection (3)—
a
for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”, and
b
for “the Primary Care Trust” substitute “the Board or (as the case may be) the clinical commissioning group”.
4
After subsection (5) insert—
5A
The Secretary of State may by directions to the Board specify the minimum amount which the Board must spend in a financial year in making payments under—
a
this section;
b
subsection (1) of this section;
c
subsection (3) of this section.
5B
The Secretary of State may by directions to the Board specify—
a
a body or description of bodies to whom payments under subsection (1) or (3), or under either or both of those subsections, must be made by the Board in a financial year;
b
functions or activities, or descriptions of functions or activities, in respect of which such payments must be made by the Board in a financial year;
c
the minimum amount which the Board must spend in a financial year in making such payments—
i
to a body or description of bodies specified in relation to the year under paragraph (a);
ii
in respect of functions or activities, or descriptions of functions or activities, specified in relation to the year under paragraph (b);
iii
to a body or description of bodies specified in relation to the year under paragraph (a) in respect of functions or activities or descriptions of functions or activities so specified under paragraph (b).
I747130
In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for “the Primary Care Trust” substitute “the Board or the clinical commissioning group”.
I748131
1
Section 258 (university clinical teaching and research) is amended as follows.
2
In subsection (1)—
a
for “The Secretary of State must exercise his functions under this Act” substitute “The functions under this Act of the Secretary of State, the Board and each clinical commissioning group must be exercised”, and
b
for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may be)”.
3
In subsection (2), in paragraph (a)—
a
after “exercisable by” insert “the Board,”,
b
after “a” insert “clinical commissioning group,”,
c
omit “Strategic Health Authority,”, and
d
omit “Primary Care Trust,”.
I749132
1
Section 259 (sale of medical practices) is amended as follows.
2
In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.
3
After that subsection insert—
4A
The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph 30 of Schedule 4 to the Health and Social Care Act 2012 (sub-paragraph (2) of which replaces section 83(2)).
4
In subsection (5), in the definition of “relevant area”—
a
after “ “relevant area”” insert
—
a
b
at the end insert
;
b
in relation to the Board, in a case where a person has at any time provided or performed services by arrangement or contract with the Board, means the prescribed area (at the prescribed time).
I750133
Omit section 268 (persons displaced by health service development), and the cross-heading which precedes it.
I751134
In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after “directions to” insert “certain”.
I752135
After section 271 insert—
271AServices to be treated as services of the Crown for certain purposes
1
Services to which this section applies are to be treated as services of the Crown for the purposes of—
a
Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.), and
b
sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).
2
This section applies to services provided in pursuance of—
a
the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or
b
the public health functions of a local authority.
I753136
1
Section 272 (orders, regulations, rules and directions) is amended as follows.
2
In subsection (3)—
a
omit paragraph (b), and
b
omit paragraph (d).
3
In subsection (5)—
a
omit “a PCT order, or”, and
b
before paragraph (a) insert—
za
section 14A(1),
I285137
1
Section 273 (further provision about orders and directions) is amended as follows.
2
In subsection (3) for “by a Strategic Health Authority” substitute “by the Board”.
3
In subsection (4)(c)(ii)—
a
after “8,” insert “13Z1,”, and
b
omit “15,”.
138
I7541
Section 275 (interpretation) is amended as follows.
2
In subsection (1)—
I286a
before the definition of “dental practitioner” insert—
“the Board” means the National Health Service Commissioning Board,
“clinical commissioning group” means a body established under section 14D of this Act,
I754b
in the definition of “health service hospital” omit “a Primary Care Trust,”, and
I286c
after the definition of “modifications” insert—
“NHS body” means—
a
the Board,
b
a clinical commissioning group,
c
a Special Health Authority,
d
an NHS trust,
e
an NHS foundation trust, and
f
a Local Health Board.
I7543
In subsection (3)—
a
omit “or 15”,
b
omit “Strategic Health Authority,” (in both places where it occurs), and
c
omit “Primary Care Trust or” (in both places where it occurs).
I2864
Until the commencement of section 33, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority.
I2865
Until the commencement of section 34, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust.
139
I287I7551
Section 276 (index of defined expressions) is amended as follows.
I2882
Omit the entry relating to “NHS body”.
I4303
After the entry for “LPS scheme” insert—
NHS constitution
section 1B(2)
I4304
Omit the entry relating to “PCT order”.
I4305
After the entry relating to “provider, in relation to an NHS contract” insert—
public health functions of the Secretary of State
section 1H(5)(a)
public health functions of local authorities
section 1H(5)(b)
SCHEDULE 5Part 1: amendments of other enactments
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
I7561
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
a
in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”, and
b
omit the definition of “Primary Care Trust”.
National Assistance Act 1948 (c. 29)
I7572
The National Assistance Act 1948 is amended as follows.
I7583
1
Section 24 (local authority's liability for provision of accommodation) is amended as follows.
2
In subsections (6A) and (6B)—
a
after “by a” insert “clinical commissioning group or”, and
b
omit “Primary Care Trust or”.
3
After subsection (6B), insert—
6C
The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board.
I7594
In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)—
a
after “such” insert “clinical commissioning group or”, and
b
omit “Primary Care Trust or”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
5
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
I317a
in the first column (headed “capacity”), after “Officer of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
I1052b
in that column, omit “a Strategic Health Authority,”,
I317c
in the second column (headed “paying authority”), after “The” insert “National Health Service Commissioning Board, clinical commissioning group,”, and
I1052d
in that column, omit “Strategic Health Authority,”.
Public Records Act 1958 (c. 51)
I2896
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
a
after “Authorities including” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
b
after “records of trust property passing to” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
c
after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or section 300 of the Health and Social Care Act 2012”,
d
after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”, and
e
after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
7
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1—
I1056a
omit paragraph (ea),
I290b
before paragraph (g) insert—
fa
the National Health Service Commissioning Board, except as regards the exercise of functions under the National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or replacing those Regulations;
I1056c
omit paragraph (gg).
Parliamentary Commissioner Act 1967 (c. 13)
8
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8—
Abortion Act 1967 (c. 87)
I7619
In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit “a Primary Care Trust or”.
Leasehold Reform Act 1967 (c. 88)
10
In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—
Health Services and Public Health Act 1968 (c. 46)
I293I76211
The Health Services and Public Health Act 1968 is amended as follows.
12
I294I7631
Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows.
2
In subsection (1)—
I295a
after “servants of” insert “the National Health Service Commissioning Board or a clinical commissioning group,”,
I423b
omit “a Strategic Health Authority,”, and
I423c
omit “, Primary Care Trust”.
I4233
In subsection (2)—
a
in paragraph (a) before “or the council” insert “, the National Health Service Commissioning Board, a clinical commissioning group”, and
b
in paragraph (b) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
I4234
In subsection (5A)—
a
omit “Strategic Health Authority” (in each place where it occurs), and
b
omit “, Primary Care Trust” (in each place where it occurs).
I4235
In subsection (5B)—
a
omit paragraph (za), and
b
omit paragraph (bb).
I76413
In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
a
after “City of London” insert “or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements”,
b
for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
c
omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
d
omit “Primary Care Trust or”.
Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
14
In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
a
after “National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
I765b
omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
Local Authority Social Services Act 1970 (c. 42)
I76615
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”—
a
after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
b
omit “Primary Care Trusts,”.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
I76716
1
Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows.
2
In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
3
In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
a
for “The Secretary of State” substitute “The Welsh Ministers”,
b
for “each House of Parliament” substitute “the National Assembly for Wales”,
c
for “as he considers” substitute “as they consider”, and
d
for “in him” substitute “in them”.
Local Government Act 1972 (c. 70)
I76817
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)—
a
in subsection (1A)—
i
after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
ii
after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
iii
omit “Primary Care Trust,” (in each place where it occurs),
iv
in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
v
in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
b
in subsection (4)—
i
after “above”, insert “ “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
ii
before “ “NHS trust”” insert “ “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and
iii
omit the words from “and “Primary Care Trust”” to the end.
Local Government Act 1974 (c. 7)
I76918
In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—
d
an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006;
e
an alleged or apparent failure to provide a service in pursuance of such arrangements.
Health and Safety at Work etc. Act 1974 (c. 37)
I77019
1
Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows.
2
In subsection (1) for “each Primary Care Trust and Local Health Board” substitute “the National Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local Health Board (in relation to Wales)”.
3
In subsection (2)—
a
omit “for one of their”, and
b
for “ “each” to “its”” substitute “ “the National” to “arranges””.
House of Commons Disqualification Act 1975 (c. 24)
20
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)—
I1054a
omit the entry relating to the chairman or any member of a Primary Care Trust,
I1054b
in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit “Strategic Health Authority, or”, and
I296c
at the appropriate place insert— “
Chairman or non-executive member of the National Health Service Commissioning Board.
”
Acquisition of Land Act 1981 (c. 67)
I297I77121
The Acquisition of Land Act 1981 is amended as follows.
22
In section 16 (land excluded from compulsory purchase), in subsection (3)—
I298a
after paragraph (a) insert—
aa
the National Health Service Commissioning Board;
ab
a clinical commissioning group established under section 14D of the National Health Service Act 2006;”, and
I772b
omit paragraph (c).
23
In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of “statutory undertakers”—
I773a
omit paragraph (ad), and
I299b
before paragraph (b) insert—
ae
the National Health Service Commissioning Board,
af
a clinical commissioning group established under section 14D of the National Health Service Act 2006,
Mental Health Act 1983 (c. 20)
I77424
The Mental Health Act 1983 is amended as follows.
I77525
In section 19 (regulations as to transfers of patients), in subsection (3)—
a
for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and
b
omit “or Primary Care Trust” in each place it appears.
I77626
In section 23 (discharge of patients), in subsection (5)(a)—
a
for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,
b
omit “or Primary Care Trust” in each place it appears, and
c
omit “, trust” in each place it appears.
I77727
In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.
I77828
1
Section 39 (power of court to request information from hospitals) is amended as follows.
2
In subsection (1)—
a
omit “Primary Care Trust or” in each place it appears,
b
in paragraph (a), after the first “the” insert “clinical commissioning group or”,
c
in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,
d
in that paragraph, after “or any other” insert “clinical commissioning group or”,
e
after “such information as that” insert “clinical commissioning group or”,
f
after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and
g
after “order, and that” insert “clinical commissioning group or”.
3
After subsection (1) insert—
1ZA
A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.
4
In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
I77929
In section 134 (patients' correspondence), in subsection (3)(e)—
a
at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
b
omit “Strategic Health Authority,”,
c
for “, Special Health Authority” substitute “or Special Health Authority”, and
d
omit “or Primary Care Trust”.
I78030
In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—
a
after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
b
omit “Strategic Health Authority,”,
c
for “, Special Health Authority” substitute “or Special Health Authority”, and
d
omit “or Primary Care Trust”.
I78131
1
In section 145 (interpretation), in subsection (1)—
a
in the definition of “the managers”, in paragraph (a)—
i
after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,
ii
omit “Primary Care Trust,”, and
iii
omit “Strategic Health Authority,”,
b
in paragraph (bb) of that definition, omit “a Primary Care Trust or”,
c
omit the definition of “Primary Care Trust”, and
d
omit the definition of “Strategic Health Authority”.
2
In consequence of the repeals made by sub-paragraph (1)—
a
omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and
b
omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.
Public Health (Control of Disease) Act 1984 (c. 22)
I78232
In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)—
a
omit “Strategic Health Authorities,”, and
b
omit “, Primary Care Trusts”.
Dentists Act 1984 (c. 24)
I78333
The Dentists Act 1984 is amended as follows.
I78434
In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
I78535
In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
I78636
In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
a
omit “under section 92 of the National Health Service Act 2006 or”,
b
after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
c
omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
d
after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
I78737
In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
I78838
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
I78939
In section 2 (rights of authorised representatives of disabled persons)—
a
in subsection (5) in paragraph (a)—
i
after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”,
ii
for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and
iii
omit “by a Primary Care Trust established under that Act,”,
b
in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and
c
in subsection (9) in the definition of “health authority”, in paragraph (a)—
i
after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
ii
omit “a Strategic Health Authority,”, and
iii
omit “or a Primary Care Trust”.
I79040
In section 7 (persons discharged from hospital), in subsection (9)—
a
in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and
b
in the definition of “the managers”—
i
in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,
ii
in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”,
iii
in those words omit “Strategic Health Authority,”, and
iv
omit paragraph (bb).
I79141
In section 11 (reports to Parliament)—
a
in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and
b
omit subsection (1ZB).
I79242
In section 16 (interpretation), in subsection (1)—
a
omit the definition of “Primary Care Trust”, and
b
omit the definition of “Strategic Health Authority”.
Dartford-Thurrock Crossing Act 1988 (c. 20)
I79343
In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
a
omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
b
for “that Act” substitute “the National Health Service Act 2006”, and
c
omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
Copyright, Designs and Patents Act 1988 (c. 48)
44
In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6)—
I300a
after “the National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
I794b
omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
Health and Medicines Act 1988 (c. 49)
I79545
In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in subsection (3)(i) omit the words from the second “the” to “trust, or”.
Road Traffic Act 1988 (c. 52)
I79646
In section 144 of the Road Traffic Act 1988 (exception to requirement for third party insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
Children Act 1989 (c. 41)
I79747
The Children Act 1989 is amended as follows.
I79848
In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
a
for “Secretary of State,” substitute “Secretary of State or”,
b
omit “or a Primary Care Trust” (in each place where it occurs), and
c
after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
I79949
In section 24 (persons qualifying for advice and assistance), in subsection (2)—
a
in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
b
in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
F6450
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I80051
In section 27 (co-operation between authorities), in subsection (3)—
a
after paragraph (c) insert—
ca
the National Health Service Commissioning Board;”, and
b
in paragraph (d)—
i
after “any” insert “clinical commissioning group,”, and
ii
omit “, Primary Care Trust”.
I80152
In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
a
for “Secretary of State,” substitute “Secretary of State or”,
b
omit “or a Primary Care Trust” (in both places where it occurs),
c
after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
d
omit “a Strategic Health Authority,”.
I80253
In section 47 (local authority's duty to investigate), in subsection (11)—
a
after paragraph (c) insert—
ca
the National Health Service Commissioning Board;”, and
b
in paragraph (d)—
i
after “any” insert “clinical commissioning group,”, and
ii
omit “, Primary Care Trust”.
I80354
In section 80 (inspection of children's homes)—
a
in subsection (1), in paragraph (d) —
i
omit “, Primary Care Trust”, and
ii
after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006”,
b
in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
c
after that paragraph insert—
ea
person providing accommodation for a child pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006;
I80455
In section 85 (children accommodated by health authorities)—
a
in subsection (1) omit “Primary Care Trust,”, and
b
after subsection (2) insert—
2ZA
Where a child is provided with accommodation—
a
by a body which is not mentioned in subsection (1), and
b
pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006,
subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.
I80556
1
Section 105 (interpretation) is amended as follows.
2
In subsection (1)—
a
before the definition of “community home” insert—
“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;
b
omit the definition of “Primary Care Trust”, and
c
omit the definition of “Strategic Health Authority”.
3
After subsection (7) insert—
7A
References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
7B
References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act.
Local Government and Housing Act 1989 (c. 42)
I80657
In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert—
zb
the director of public health appointed under section 73A(1) of the National Health Service Act 2006;
National Health Service and Community Care Act 1990 (c. 19)
I80758
The National Health Service and Community Care Act 1990 is amended as follows.
I80859
In section 47 (assessment of needs for community care services), in subsection (3)—
a
before paragraph (a) insert—
za
that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act),
b
in paragraph (a), omit “Primary Care Trust or”,
c
in that paragraph omit “the National Health Service Act 2006 or”,
d
in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
e
in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
I80960
In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
a
omit “Strategic Health Authority,”, and
b
omit “Primary Care Trust,”.
I81061
In section 60 (removal of crown immunities), in subsection (7)—
a
in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
b
in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.
Access to Health Records Act 1990 (c. 23)
I81162
The Access to Health Records Act 1990 is amended as follows.
I81263
In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
a
in paragraph (a)—
i
for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
ii
omit “Trust or”, and
b
in paragraph (aa)—
i
for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”, and
ii
omit “Trust, Authority or”.
I81364
In section 11 (interpretation)—
a
in the definition of “health service body”, in paragraph (a)—
i
omit “Strategic Health Authority,”,
ii
for “, Local” substitute “or Local”, and
iii
omit “or Primary Care Trust”,
b
omit the definition of “Primary Care Trust”, and
c
omit the definition of “Strategic Health Authority”.
London Local Authorities Act 1991 (c. xiii)
I81465
In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
I81566
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—
a
in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”,
b
in that paragraph, after “or” (in the first place it occurs) insert “a”,
c
in the words after paragraph (b) in that subsection, omit “authority or”,
d
in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”,
e
in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”,
f
in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into by him with the National Health Service Commissioning Board”, and
g
in the words after that paragraph, omit “Trust, Authority or.”
Health Service Commissioners Act 1993 (c. 46)
I301I81667
The Health Service Commissioners Act 1993 is amended as follows.
68
In section 2 (health service bodies subject to investigation), in subsection (1)—
I1055a
omit paragraph (a),
I1055b
omit paragraph (da), and
I302c
after paragraph (db) insert—
dc
the National Health Service Commissioning Board,
dd
clinical commissioning groups.
I81769
In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
I81870
1
Section 14 (reports etc. by the Commissioner) is amended as follows.
2
In subsection (1)—
a
at the end of paragraph (c) insert “and”, and
b
omit paragraph (e) and the preceding “and”.
3
In subsection (2A)—
a
at the end of paragraph (d) insert “and”, and
b
omit paragraph (f) and the preceding “and”.
4
In subsection (2C)—
a
at the end of paragraph (d) insert “and”, and
b
omit paragraph (f) and the preceding “and”.
5
Omit subsection (2E)(e).
6
In subsection (2G)—
a
at the end of paragraph (c) insert “and”, and
b
omit paragraph (e) and the preceding “and”.
Health Authorities Act 1995 (c. 17)
I81971
In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2—
a
in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
b
in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.
Employment Rights Act 1996 (c. 18)
I303I82072
The Employment Rights Act 1996 is amended as follows.
I82173
In section 43K (extension of meaning of “worker” etc for Part 4A)—
a
in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National Health Service Commissioning Board”,
b
in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”, and
c
in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning Board, or the”.
74
In section 50 (right to time off for public duties), in subsection (8)—
I304a
before paragraph (a) insert—
za
the National Health Service Commissioning Board,
zb
a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and
I822b
in paragraph (b)—
i
omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
ii
omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
75
In section 218 (change of employer), in subsection (10)—
I305a
before paragraph (a) insert—
za
the National Health Service Commissioning Board,
zb
a clinical commissioning group established under section 14D of the National Health Service Act 2006,
I1057b
omit paragraph (a),
I1057c
in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,
I1057d
omit paragraph (bb), and
I1057e
in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
76
In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)—
I306a
at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
I1058b
omit “a Strategic Health Authority,”, and
I1058c
omit “, Primary Care Trust”.
Education Act 1996 (c. 56)
I82377
The Education Act 1996 is amended as follows.
I82478
1
Section 322 (duty of certain bodies to help local authorities) is amended as follows.
2
In subsection (1)—
a
after “another local authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
b
omit “or a Primary Care Trust”, and
c
for “the board, authority or trust” substitute “that body”.
3
In subsection (2), for “An authority, a board or a trust” substitute “A body”.
4
In subsection (3), in paragraph (a)—
a
after “request is made of” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
b
omit “or Primary Care Trust”, and
c
for “that board or trust” substitute “that body”.
5
In subsection (4)—
a
for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board”, and
b
omit “or a trust”.
I82579
1
Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.
2
In subsection (1)—
a
after “where” insert “a clinical commissioning group,” and
b
omit “a Primary Care Trust,”.
3
In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
4
In subsection (3) for “trust” substitute “other body”.
I82680
In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
Audit Commission Act 1998 (c. 18)
I82781
In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)—
a
omit paragraph (a), and
b
omit paragraph (b).
Data Protection Act 1998 (c. 29)
I82882
In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
a
in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
b
in subsection (3), omit paragraph (a),
c
in that subsection, before paragraph (b) insert—
aa
the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
ab
a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, that Act,
d
in that subsection, omit paragraph (bb).
Crime and Disorder Act 1998 (c. 37)
I82983
The Crime and Disorder Act 1998 is amended as follows.
I83084
In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
I83185
In section 38 (local provision of youth justice services), in subsection (2)(b)—
a
after “local probation board” insert “, clinical commissioning group or”, and
b
omit “, Strategic Health Authority,”, and
c
omit “or Primary Care Trust”.
I83286
In section 39 (Youth Offending Teams), in subsection (3)(b)—
a
after “local probation board” insert “, clinical commissioning group or”,
b
omit “, Strategic Health Authority,”, and
c
omit “or Primary Care Trust”.
I83387
In that section, in subsection (5)(d)—
a
after “nominated by” insert “a clinical commissioning group or”, and
b
omit “a Primary Care Trust or”.
I83488
In section 41 (the Youth Justice Board), in subsection (10)—
a
after “provider of probation services,” insert “a clinical commissioning group,”,
b
for “, a Strategic Health Authority,” substitute “and”, and
c
omit “and a Primary Care Trust”.
I83589
In section 42 (supplementary provisions), in subsection (3)—
a
after “provider of probation services,” insert “a clinical commissioning group,”,
b
for “, a Strategic Health Authority,” substitute “or”, and
c
omit “or a Primary Care Trust”.
I83690
In section 115, in subsection (2) (disclosure of information to relevant authorities)—
a
omit paragraph (ea),
b
after paragraph (f) insert—
fa
the National Health Service Commissioning Board;
fb
a clinical commissioning group;
c
omit paragraph (g).
Health Act 1999 (c. 8)
I83791
The Health Act 1999 is amended as follows.
I83892
In section 61 (English and Scottish border provisions)—
a
in subsection (2)—
i
after “Secretary of State” insert “, the National Health Service Commissioning Board”,
ii
after “any” insert “clinical commissioning group”,
iii
omit “Strategic Health Authority”, and
iv
omit “or Primary Care Trust”, and
b
in subsection (5)—
i
after “any” insert “clinical commissioning group”, and
ii
omit “Primary Care Trust”.
I83993
In Schedule 4 (amendments relating to Primary Care Trusts)—
a
omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and
b
omit paragraphs 3(c), 82 and 85(2).
Greater London Authority Act 1999 (c. 29)
I84094
In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)—
a
omit paragraph (f),
b
omit paragraph (g), and
c
before paragraph (h) insert—
ga
the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
gb
the National Health Service Commissioning Board,
gc
any clinical commissioning group (established under section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London,
Care Standards Act 2000 (c. 14)
I84195
In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of “National Health Service body”—
a
omit “a Strategic Health Authority,”, and
b
omit “, a Primary Care Trust”.
Government Resources and Accounts Act 2000 (c. 20)
I30796
1
Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows.
2
In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.
3
Omit subsection (3).
4
In subsection (4) for “that subsection” substitute “subsection (1)”.
Local Government Act 2000 (c. 22)
I84297
In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)—
a
before paragraph (b) insert—
aa
the National Health Service Commissioning Board,
ab
a clinical commissioning group, or
b
omit paragraph (c) and the preceding “or”.
Regulation of Investigatory Powers Act 2000 (c. 23)
F7098
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
>Freedom of Information Act 2000 (c. 36)
99
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
I1060a
omit paragraph 36A,
I308b
before paragraph 38 insert—
37A
The National Health Service Commissioning Board.
37B
A clinical commissioning group established under section 14D of the National Health Service Act 2006.
I1060c
omit paragraph 39.
International Development Act 2002 (c. 1)
100
In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
I309a
before the entry for a Health Board insert— “
the National Health Service Commissioning Board a clinical commissioning group
”
,
I1048b
omit the entry for a Primary Care Trust, and
I1048c
omit the entry for a Strategic Health Authority.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
I843101
The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
I844102
Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
I845103
Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
Adoption and Children Act 2002 (c. 38)
I846104
The Adoption and Children Act 2002 is amended as follows.
I847105
In section 4 (assessments etc for adoption support services), in subsection (9)—
a
before paragraph (a) insert—
za
there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act),
b
in paragraph (a) omit “a Primary Care Trust”, and
c
in the text following paragraph (b)—
i
after “notify that” insert “clinical commissioning group,”, and
ii
omit “Primary Care Trust,”.
I848106
In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
a
before paragraph (d) insert—
ca
the National Health Service Commissioning Board,”, and
b
in paragraph (d)—
i
omit “, Primary Care Trust”, and
ii
before “(in Wales,” insert “, clinical commissioning group”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
I849107
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in paragraph (a)—
a
omit sub-paragraph (i),
b
before sub-paragraph (ii) insert—
ia
the National Health Service Commissioning Board,
ib
a clinical commissioning group established under section 14D of the National Health Service Act 2006,
ic
a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,
c
omit sub-paragraph (iii).
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
I850108
The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
I851109
In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
I852110
In section 9 (dispute resolution)—
a
in subsection (1) omit “by Strategic Health Authorities in England and”,
b
at the end of that subsection insert “in relation to Wales”,
c
in subsection (2) omit —
i
“Strategic Health Authority or”, and
ii
“Authority or”,
d
in subsection (3)—
i
for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
ii
omit “a Strategic Health Authority or”, and
iii
omit “Authority or”, and
e
in subsection (4)(a) omit “Strategic Health Authority or”.
Licensing Act 2003 (c. 17)
I853111
The Licensing Act 2003 is amended as follows.
I854112
In section 5(3) (statement of licensing policy)—
a
in paragraph (ba) omit “Primary Care Trust or”, and
b
after that paragraph insert—
bb
each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,
I855113
In section 13(4) (authorised persons, interested parties and responsible authorities)—
a
in paragraph (ba) omit “Primary Care Trust or”, and
b
after that paragraph insert—
bb
the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,
I856114
In section 16 (applicant for premises licence), in subsection (3), in the definition of “health service body” omit paragraph (b).
I857115
In section 69(4) (authorised persons, interested parties and responsible authorities)—
a
in paragraph (ba) omit “Primary Care Trust or”, and
b
after that paragraph insert—
bb
the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,
I858116
In section 172B(4) (procedural requirements for early morning alcohol restriction order)—
a
in paragraph (d) omit “Primary Care Trust or”, and
b
after that paragraph insert—
da
the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order,
Sexual Offences Act 2003 (c. 42)
I859117
In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of “National Health Service body”—
a
after paragraph (b) insert—
ba
the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
bb
a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,
b
omit paragraph (c).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
I860118
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
I861119
In section 71 (reporting to Secretary of State and regulator)—
a
in subsection (2), after “special measures” insert “or request another person to take special measures”, and
b
omit subsections (3) and (4).
I862120
In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
d
anything done by the National Health Service Commissioning Board or a clinical commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act 2006.
I863121
In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
a
omit paragraph (a),
b
omit paragraph (b), and
c
before paragraph (d) insert—
ca
the National Health Service Commissioning Board;
cb
a clinical commissioning group;
I864122
In section 160 (provision of information)—
a
in subsection (1), after paragraph (g) insert—
h
if the injured person received NHS treatment pursuant to arrangements made by a clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the clinical commissioning group.
b
in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.
I865123
In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)—
a
omit sub-paragraph (i), and
b
before sub-paragraph (ii) insert—
ia
the National Health Service Commissioning Board,
ib
a clinical commissioning group,
Criminal Justice Act 2003 (c. 44)
I866124
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)—
a
after subsection (6)(b) insert—
ba
the National Health Service Commissioning Board,
b
after subsection (6)(d) insert—
da
every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,
c
in subsection (6)(f) omit “or Strategic Health Authority”, and
d
in subsection (6)(g)—
i
after “every” insert “clinical commissioning group or”, and
ii
omit “Primary Care Trust or”.
Carers (Equal Opportunities) Act 2004 (c. 15)
I867125
1
Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows.
2
In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
3
In subsection (3) after “provide” insert “or arrange for the provision of”.
4
In subsection (5)—
a
omit the “and” at the end of paragraph (c) and insert—
ca
the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
cb
the National Health Service Commissioning Board, and
b
in paragraph (d)—
i
after “any” insert “clinical commissioning group,”, and
ii
omit “Primary Care Trust,”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
I868126
In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a)—
a
after the entry for local probation boards insert—
the National Health Service Commissioning Board;
clinical commissioning groups established under section 14D of the National Health Service Act 2006;
b
omit the entry for Strategic Health Authorities, and
c
omit the entry for Primary Care Trusts.
Children Act 2004 (c. 31)
I869127
The Children Act 2004 is amended as follows.
I870128
In section 10 (co-operation to improve wellbeing), in subsection (4)—
a
after paragraph (d) insert—
da
the National Health Service Commissioning Board;
b
after paragraph (da) (as inserted by paragraph (a) above) insert—
db
any clinical commissioning group for an area any part of which falls within the area of the authority;
c
omit paragraph (e).
I871129
In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
a
after paragraph (b) insert—
ba
the National Health Service Commissioning Board;
b
after paragraph (ba) (as inserted by paragraph (a) above) insert—
bb
a clinical commissioning group;
c
omit paragraph (c), and
d
omit paragraph (e).
I872130
In section 12A (establishment of children's trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
I873131
In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
a
after paragraph (d) insert—
da
the National Health Service Commissioning Board;
b
after paragraph (da) (as inserted by paragraph (a) above) insert—
db
any clinical commissioning group for an area any part of which falls within the area of the authority;
c
omit paragraph (e).
Civil Contingencies Act 2004 (c. 36)
I874132
1
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
2
In Part 1 (which contains the general list of Category 1 responders)—
a
after the cross-heading “Health” insert—
4A
The National Health Service Commissioning Board.
b
omit paragraph 7.
3
In Part 3 (which contains the general list of Category 2 responders)—
a
after the cross-heading “Health” insert—
29ZA
A clinical commissioning group established under section 14D of the National Health Service Act 2006.
b
omit paragraph 29A.
Mental Capacity Act 2005 (c. 9)
I875133
The Mental Capacity Act 2005 is amended as follows.
I876134
In section 35 (appointment of independent mental capacity advocates)—
a
in subsection (1), for “appropriate authority” substitute “responsible authority”,
b
in subsection (4), for “appropriate authority” substitute “responsible authority”, and
c
after subsection (6) insert—
6A
In subsections (1) and (4), “the responsible authority” means—
a
in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and
b
in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.
6B
In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.
I877135
In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.
I878136
1
Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
2
In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
a
in paragraph (a) omit “Primary Care Trust,”,
b
in that paragraph omit “Strategic Health Authority,”,
c
after that paragraph insert—
aa
in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State;
d
in paragraph (b) omit “Primary Care Trust,”.
3
In paragraph 180 (supervisory bodies: hospitals in England)—
a
for sub-paragraph (2) substitute—
2
If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
b
in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,
c
in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
d
after sub-paragraph (4) insert—
4A
Local authority” means—
a
the council of a county;
b
the council of a district for which there is no county council;
c
the council of a London borough;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly.
e
in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.
4
In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—
3
But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.
4
“Local authority” means—
a
the council of a county;
b
the council of a district for which there is no county council;
c
the council of a London borough;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly.
5
Before paragraph 183 insert the following heading— “
Supervisory bodies: determination of place of ordinary residence
”
.
6
In that paragraph—
a
in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and
b
in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.
Childcare Act 2006 (c. 21)
I879137
In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)—
a
before paragraph (a) insert—
za
the National Health Service Commissioning Board;”, and
b
in paragraph (a)—
i
at the beginning insert “a clinical commissioning group”,
ii
omit “a Strategic Health Authority”, and
iii
omit “or Primary Care Trust”.
Emergency Workers (Obstruction) Act 2006 (c. 39)
I880138
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—
a
in subsection (5), in paragraph (a)—
i
after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, the National Health Service Commissioning Board, a clinical commissioning group,”, and
ii
omit “, Primary Care Trust”, and
b
after that subsection insert—
6
In subsection (5)(a) above “public health functions”—
a
in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National Health Service Act 2006;
b
in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.
National Health Service (Consequential Provisions) Act 2006 (c. 43)
I881139
In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
a
omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating to Primary Care Trusts), and
b
omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e) (which make amendments relating to Strategic Health Authorities).
NHS Redress Act 2006 (c. 44)
I882140
The NHS Redress Act 2006 is amended as follows.
I883141
In section 1, in subsection (3)—
a
after paragraph (a) insert—
aa
the National Health Service Commissioning Board,
ab
a clinical commissioning group,
b
omit paragraph (b),
c
omit paragraph (c), and
d
in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
I884142
In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic Health Authority”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
I885143
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I886144
In section 6 (regulated activity providers)—
a
omit subsection (8D), and
b
before subsection (9) insert—
8E
The National Health Service Commissioning Board or a clinical commissioning group does not make arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).
I887145
In section 17 (NHS employment) in subsection (3)—
a
before paragraph (a) insert—
za
the National Health Service Commissioning Board;
zb
a clinical commissioning group;
b
omit paragraph (b), and
c
omit paragraph (f).
I888146
In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of “hospital services” omit paragraph (d).
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
147
In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of “relevant NHS body”—
I316a
before paragraph (a) insert—
za
the National Health Service Commissioning Board;”, and
Local Government and Public Involvement in Health Act 2007 (c. 28)
I889148
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
I890149
1
Section 222 (arrangements relating to local care services) is amended as follows.
2
In subsection (3)—
a
after paragraph (c) insert
or
ca
a clinical commissioning group.
b
omit paragraph (d), and
c
omit paragraph (e) and the preceding “or”.
3
After that subsection insert—
3A
The arrangements must not be made with the National Health Service Commissioning Board.
I891150
In section 224 (duties of services-providers to respond to local involvement networks)—
a
for “services-provider”, in each place it appears, substitute “responsible person”,
b
in subsection (2), before paragraph (a) insert—
za
the National Health Service Commissioning Board;
zb
a clinical commissioning group;
c
in that subsection, omit paragraph (c), and
d
in the title, for “services-providers” substitute “responsible persons”.
I892151
In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c).
I893152
In section 227 (annual reports), in subsection (4)(b)—
a
omit “each Primary Care Trust,”,
b
omit “and”,
c
omit “each Strategic Health Authority,”, and
d
omit the words from “any” to the end.
Criminal Justice and Immigration Act 2008 (c. 4)
I894153
In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).
Health and Social Care Act 2008 (c. 14)
I895154
The Health and Social Care Act 2008 is amended as follows.
I896155
In section 30 (urgent procedure for cancellation), in subsection (3)—
a
before paragraph (a) insert—
za
in any case where regulations so provide, to the National Health Service Commissioning Board,
b
in paragraph (a)—
i
at the beginning insert “in any case where regulations so provide,”,
ii
after “such” insert “clinical commissioning group”, and
iii
omit “Primary Care Trust”, and
c
omit paragraph (b).
I897156
In section 39 (bodies required to be notified of certain matters), in subsection (1)—
a
before paragraph (a) insert—
za
in any case where regulations so provide, to the National Health Service Commissioning Board,
b
in paragraph (a)—
i
at the beginning insert “in any case where regulations so provide,”,
ii
after “such” insert “clinical commissioning group”, and
iii
omit “Primary Care Trust”, and
c
omit paragraph (b).
F55157
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I898158
In section 48 (special reviews and investigations)—
a
in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—
ba
the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006,
b
in subsection (8) omit paragraph (a) and the word “or” immediately following it.
F56159
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I899160
In section 54 (studies as to economy, efficiency etc)—
a
omit subsection (2)(b), and
b
in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.
I900161
In section 59 (additional functions) at the end insert—
3
The references in subsection (1) to English NHS bodies do not include references to the National Health Service Commissioning Board or clinical commissioning groups.
I901162
In section 64 (power to require documents and information), in subsection (2)(b)—
a
after “commissioned by” insert
—
i
the National Health Service Commissioning Board,
ii
a clinical commissioning group, or
iii
b
omit “a Primary Care Trust”.
F57163
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F58164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I902165
In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—
aa
the National Health Service Commissioning Board,
I903166
1
Section 97 (general interpretation of Part 1) is amended as follows.
2
In subsection (1) in the definition of “English NHS body”—
a
omit paragraph (a),
b
omit paragraph (b), and
c
before paragraph (d) insert—
ca
the National Health Service Commissioning Board,
cb
a clinical commissioning group,
3
In that subsection in the definition of “English NHS provider” omit paragraph (a).
4
In that subsection in the definition of “NHS care”—
a
after “health care” insert
—
a
commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or
b
b
omit from “provided by” to the end.
5
After subsection (2) insert—
2A
Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).
6
Omit subsection (3).
I904167
In section 153 (directions to certain NHS bodies) in subsection (1)—
a
omit paragraph (a), and
b
omit paragraph (b).
Education and Skills Act 2008 (c. 25)
I905168
The Education and Skills Act 2008 is amended as follows.
I906169
In section 16 (supply of information by public bodies), in subsection (2)—
a
omit paragraph (c),
b
omit paragraph (d), and
c
before paragraph (e) insert—
da
a clinical commissioning group,
I907170
In section 77 (supply of information by public bodies), in subsection (2)—
a
omit paragraph (c),
b
omit paragraph (d), and
c
before paragraph (e) insert—
da
a clinical commissioning group,
Autism Act 2009 (c. 15)
I908171
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
a
omit paragraph (a),
b
omit paragraph (b), and
c
before paragraph (d) insert—
ca
the National Health Service Commissioning Board;
cb
a clinical commissioning group;
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
F60172
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Act 2009 (c. 21)
I310I909173
The Health Act 2009 is amended as follows.
I910174
In each of the following provisions for “NHS services” substitute “health services”—
a
the title to Part 1,
b
section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
c
the definitions of “carers”, “patients” and “staff” in section 3(7).
175
I311I9111
Section 2 (duty to have regard to NHS constitution) is amended as follows.
I4322
In subsection (1), for “NHS functions” substitute “health service functions”.
3
In subsection (2)—
I432a
omit paragraph (a),
I432b
omit paragraph (b), and
I4324
In subsection (3), for “an “NHS function”” substitute “a “health service function””.
I4325
In subsection (4)—
a
before paragraph (a) insert—
za
provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,
b
omit the word “or” at the end of paragraph (a), and
c
after paragraph (b) insert
, or
c
provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.
I4326
In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
I912176
1
Section 3 (availability and review of NHS constitution) is amended as follows.
2
In subsection (3), omit paragraph (d).
3
Omit subsection (8).
I913177
1
Section 8 (duty of providers to publish information) is amended as follows.
2
In subsection (1) for “NHS services” (in each place where it occurs) substitute “relevant health services”.
3
Omit subsection (2)(a).
4
In subsection (3) for paragraphs (a) to (c) substitute—
a
provides health services as mentioned in section 2(4)(za) or (a), or
b
in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes arrangements for another person to provide health services,
5
For subsection (6) substitute—
6
In this section—
“health services” has the same meaning as in Chapter 1;
“relevant health services” means health services the provision of which is arranged by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006 or under or by virtue of Parts 4 to 7 of that Act.
I914178
In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
I915179
In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert—
aa
the National Health Service Commissioning Board;
Equality Act 2010 (c. 15)
I313I916180
The Equality Act 2010 is amended as follows.
I917181
In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
a
omit paragraph (h), and
b
omit paragraph (i).
182
In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service—
I314a
at the beginning insert—
The National Health Service Commissioning Board.
A clinical commissioning group established under section 14D of the National Health Service Act 2006.
I1050b
in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
I1050c
omit the entry for a Primary Care Trust, and
I1050d
omit the entry for a Strategic Health Authority.
Child Poverty Act 2010 (c. 9)
I918183
In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
a
after paragraph (e) insert—
ea
a clinical commissioning group;
b
omit paragraph (f), and
c
omit paragraph (g).
Charities Act 2011 (c. 25)
184
In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7)—
I1053a
omit paragraph (a),
I1053b
omit paragraph (b),
I315c
before paragraph (c) insert—
ba
the National Health Service Commissioning Board,
bb
a clinical commissioning group,
bc
trustees for the National Health Service Commissioning Board appointed in pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or
bd
trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that Act,
I1053d
omit paragraph (f).
F83SCHEDULE 6Part 1: transitional provision
Sch. 6 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 189; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F83Interpretation
F831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Modification of requirements as to consultation
F832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Directions under section 7 of the 2006 Act
F833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F835
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Exercise of Secretary of State's functions in relation to Primary Care Trusts
F837
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Conditional establishment of clinical commissioning groups
F838
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Exercise of functions of clinical commissioning groups during initial period
F839
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Preparatory work by clinical commissioning groups
F8310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Arrangements between PCTs and clinical commissioning groups during initial period
F8311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Power to make payments to the Board during initial period
F8312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83Support for clinical commissioning groups during initial period
F8313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7Abolition of the Health Protection Agency: consequential amendments
Parliamentary Commissioner Act 1967 (c. 13)
I9191
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
a
omit the entry for the Health Protection Agency, and
b
in the Notes, omit the paragraph on the Health Protection Agency.
Superannuation Act 1972 (c. 11)
I9202
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Health Protection Agency.
Local Government Act 1972 (c. 70)
I9213
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A) omit “the Health Protection Agency,” in each place it occurs.
Health and Safety at Work etc. Act 1974 (c. 37)
I9224
The Health and Safety at Work etc. Act 1974 is amended as follows.
I9235
In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in particular,” to the end.
I9246
In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from “, and, in the case of” to “the Health Protection Agency”.
House of Commons Disqualification Act 1975 (c. 24)
I9257
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I9268
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
Employment Rights Act 1996 (c. 18)
I9279
In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd).
Freedom of Information Act 2000 (c. 36)
I92810
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency.
International Development Act 2002 (c. 1)
I92911
In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
Nationality, Immigration and Asylum Act 2002 (c. 41)
I93012
1
Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies) is amended as follows.
2
In paragraph (a)—
a
before sub-paragraph (i) insert—
ai
the Secretary of State,
b
omit sub-paragraph (vi) and the “or” preceding it.
3
In paragraph (b)—
a
after sub-paragraph (i) insert “or”, and
b
omit sub-paragraph (iv) and the “or” preceding it.
4
In paragraph (c)—
a
before sub-paragraph (i) insert—
ai
the Secretary of State,
b
after sub-paragraph (iia) insert “or”, and
c
omit sub-paragraph (iii).
5
In paragraph (d)—
a
after sub-paragraph (ii) insert—
iia
the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or
b
omit sub-paragraph (iv) and the “, or” preceding it.
Scottish Public Services Ombudsman Act 2002 (asp 11)
I93113
The Scottish Public Services Ombudsman Act 2002 is amended as follows.
I93214
In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
I93315
In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
Civil Contingencies Act 2004 (c. 36)
I93416
In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—
9
The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —
a
the Secretary of State's functions under section 2A of the National Health Service Act 2006,
b
the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or
c
arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.
National Health Service Act 2006 (c. 41)
I93517
The National Health Service Act 2006 is amended as follows.
I93618
In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
I93719
In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
a
in subsection (2) omit paragraph (g), and
b
in subsection (5) for “, (f) and (g)” substitute “and (f)”.
National Health Service (Wales) Act 2006 (c. 42)
I93820
The National Health Service (Wales) Act 2006 is amended as follows.
I93921
In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
I94022
In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)—
a
after paragraph (b) insert “and”, and
b
omit paragraph (e) and the preceding “and”.
National Health Service (Consequential Provisions) Act 2006 (c. 43)
I94123
In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).
Health and Social Care Act 2008 (c. 14)
I94224
In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6).
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
I94325
In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts), in paragraph (2)(g) omit paragraph (vi).
SCHEDULE 8Monitor
Membership
I3461
1
Monitor is to consist of—
a
a chair appointed by the Secretary of State,
b
at least four other members so appointed, and
c
the chief executive and other members appointed in accordance with paragraph 2.
2
The number of executive members must be less than the number of non-executive members.
3
In this Schedule—
a
references to non-executive members of Monitor are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and
b
references to executive members of Monitor are references to the other members.
The chief executive and other executive members: appointment and status
I3472
1
The chief executive and the other executive members of Monitor are to be appointed by the non-executive members.
2
A person may not be appointed as chief executive or as another executive member without the consent of the Secretary of State.
3
The non-executive members may not appoint more than five executive members without the consent of the Secretary of State.
4
The chief executive and the other executive members are to be employees of Monitor.
Non-executive members: tenure
I3483
1
A person holds and vacates office as a non-executive member of Monitor in accordance with that person's terms of appointment.
2
A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
3
The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—
a
incapacity,
b
misbehaviour, or
c
failure to carry out his or her duties as a non-executive member.
4
The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).
5
A person may not be appointed as a non-executive member for a period of more than four years.
6
A person who ceases to be a non-executive member is eligible for re-appointment.
Suspension from office
I3494
1
This paragraph applies where a person is suspended under paragraph 3(4).
2
The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3
The notice may be—
a
delivered in person (in which case, the person is taken to receive it when it is delivered), or
b
sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4
The initial period of suspension must not exceed six months.
5
The Secretary of State may at any time review the suspension.
6
The Secretary of State—
a
must review the suspension if requested in writing by the person to do so, but
b
need not review the suspension less than three months after the beginning of the initial period of suspension.
7
Following a review during a period of suspension, the Secretary of State may—
a
revoke the suspension, or
b
suspend the person for another period of not more than six months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if the Secretary of State—
a
decides that there are no grounds to remove the person from office under paragraph 3(3), or
b
decides that there are grounds to do so but does not remove the person from office under that provision.
I3505
1
Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.
2
Appointment as interim chair is for a term not exceeding the shorter of—
a
the period ending with either—
i
the appointment of a new chair, or
ii
the revocation or expiry of the existing chair's suspension, and
b
the remainder of the interim chair's term as a non-executive member.
3
A person who ceases to be the interim chair is eligible for re-appointment.
Payment of non-executive members
I3516
1
Monitor must pay to its non-executive members such remuneration and allowances as the Secretary of State may determine.
2
Monitor must pay or make provision for the payment of such pensions, allowances or gratuities as it may, with the approval of the Secretary of State, determine to or in respect of any person who is or has been a non-executive member.
3
If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, Monitor must pay compensation to the person of such amount as the Secretary of State may determine.
Staff
I3527
1
Monitor may appoint such persons to be employees of Monitor as it considers appropriate.
2
Employees of Monitor are to be paid such remuneration and allowances as Monitor may determine.
3
Employees of Monitor are to be appointed on such other terms and conditions as Monitor may determine.
4
Monitor may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of Monitor.
5
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), Monitor must obtain the approval of the Secretary of State to its policy on that matter.
Superannuation
I99I3538
1
Sub-paragraph (2) applies where a person who is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 is appointed as chair.
2
The Minister for the Civil Service may determine that the person's office as chair is to be treated for the purposes of the scheme as service in the employment by reference to which the person is a member (whether or not any benefits are payable by virtue of paragraph 6(2)).
3
Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” insert— “
Monitor
”
.
4
Monitor must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Committees
I354C139
1
Monitor may appoint such committees and sub-committees as it considers appropriate.
2
A committee or sub-committee may consist of or include persons who are not members or employees of Monitor.
3
Monitor may pay such remuneration and allowances as it determines to any person who—
a
is a member of a committee or sub-committee, but
b
is not an employee of Monitor,
whether or not that person is a non-executive member of Monitor.
Procedure
I35510
1
Monitor may regulate its own procedure.
2
The validity of any act of Monitor is not affected by any vacancy among the members or by any defect in the appointment of a member.
Exercise of functions
I35611
1
Monitor must exercise its functions effectively, efficiently and economically.
2
Monitor may arrange for the exercise of its functions on its behalf by—
a
a non-executive member;
b
an employee (including the chief executive);
c
a committee or sub-committee.
F162A
Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.
Assistance
I35712
1
Monitor may arrange for persons to assist it in the exercise of its functions in relation to—
a
a particular case, or
b
cases of a particular description.
2
Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Borrowing
I35813
1
Monitor may, with the consent of the Secretary of State, borrow money temporarily by way of overdraft.
2
But subject to that, and subject to sections 145 and 146 (power to borrow for exercising functions in relation to financial assistance and power of Secretary of State to lend etc.), Monitor may not borrow money.
Acquiring information
I35914
1
Monitor may obtain, compile and keep under review information about matters relating to the exercise of its functions.
2
Where Monitor exercises the power under sub-paragraph (1), it must do so with a view to (among other things) ensuring that it has sufficient information to take informed decisions and to exercise its other functions effectively.
3
In exercising the power under sub-paragraph (1), Monitor may carry out, commission or support (financially or otherwise) research.
General power
I36015
Monitor may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
Finance
I36116
1
The Secretary of State may make payments to Monitor out of money provided by Parliament of such amounts as the Secretary of State considers appropriate.
2
Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State considers appropriate.
Accounts of NHS foundation trusts
I100I36217
1
Monitor must prepare in respect of each financial year a set of accounts which consolidates the annual accounts of all NHS foundation trusts.
2
The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare a set of accounts in respect of such period as may be specified in the direction which consolidates any accounts prepared by NHS foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the National Health Service Act 2006 in respect of that period.
3
In preparing any consolidated accounts under this paragraph, Monitor must comply with directions given by the Secretary of State with the approval of the Treasury as to—
a
the content and form of the consolidated accounts;
b
the methods and principles according to which the consolidated accounts should be prepared.
4
Monitor must send a copy of any consolidated accounts under this paragraph to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General—
a
accompanied by such other reports or information as the Secretary of State may direct, and
b
within the relevant period.
5
In sub-paragraph (4)(b), the relevant period is—
a
in relation to consolidated accounts under sub-paragraph (1), such period after the end of the financial year concerned as the Secretary of State may direct;
b
in relation to consolidated accounts under sub-paragraph (2), such period as the Secretary of State may direct.
6
Before giving a direction under sub-paragraph (5), the Secretary of State must consult Monitor.
7
The Comptroller and Auditor General must—
a
examine, certify and report on any consolidated accounts sent under this paragraph,
b
if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c
if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
8
Monitor must act with a view to securing that NHS foundation trusts—
a
comply promptly with requests from it or the Secretary of State for information relating to their accounts, and
b
otherwise act so as to facilitate the preparation of accounts by the Secretary of State.
9
This paragraph does not apply to the financial year specified for the purposes of section 155(7) (which provides for the order that commences section 155, which itself relates to the preparation of the accounts of NHS foundation trusts, to specify the first financial year to which that section will apply) or to the subsequent financial years.
Accounts of Monitor
I101I36318
1
Monitor must keep proper accounts and proper records in relation to the accounts.
2
The Secretary of State may, with the approval of the Treasury, give directions to Monitor as to—
a
the content and form of its accounts, and
b
the methods and principles to be applied in the preparation of its accounts.
3
In sub-paragraph (2), the reference to accounts includes Monitor's annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.
I102I36419
1
Monitor must prepare annual accounts in respect of each financial year.
2
Monitor must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
3
The Comptroller and Auditor General must—
a
examine, certify and report on the annual accounts, and
b
lay copies of them and the report before Parliament.
I103I36520
1
The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2
Monitor must send copies of any interim accounts to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General within such period as the Secretary of State may direct.
3
The Comptroller and Auditor General must—
a
examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2),
b
if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and
c
if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
Reports and other information
I36621
C91
As soon as practicable after the end of each financial year, Monitor must prepare an annual report on how it has exercised its functions during the year.
C92
The report must, in particular—
a
set out the measures that Monitor has taken to promote economy, efficiency and effectiveness in the use of resources for the exercise of its functions,
b
include a statement of what it did to comply with the duty under section 63(2) (duty to have regard to Secretary of State's guidance on duty under section 62(9)), and
c
include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to Secretary of State's guidance on relevant parts of document on improving quality of services).
C93
Monitor must—
a
lay a copy of the report before Parliament, and
b
once it has done so, send a copy of it to the Secretary of State.
4
Monitor must provide the Secretary of State with—
a
such other reports and information relating to the exercise of Monitor's functions as the Secretary of State may require;
b
such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may require.
Recommendations by Committees in Parliament
I36722
Monitor must respond in writing to any recommendation about its exercise of its functions that a Committee of either House of Parliament or a Committee of both Houses makes.
Seal and evidence
I36823
1
The application of Monitor's seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose.
2
A document purporting to be duly executed under Monitor's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Status
I36924
1
Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
2
Monitor's property must not be regarded as property of, or property held on behalf of, the Crown.
F501SCHEDULE 9Requirements under section 77: undertakings
Sch. 9 omitted (1.1.2024) by virtue of Health and Care Act 2022 (c. 31), ss. 80(2), 186(6); S.I. 2023/1431, reg. 3(c) (with reg. 5)
F501Procedure
F5011
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F501Variation of terms
F5013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F501Compliance certificates
F5014
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5015
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F501Inaccurate, incomplete or misleading information
F5016
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84SCHEDULE 10References by Monitor to the CMA
Sch. 10 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 85(9), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F84Variation of reference
F841
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Monitor's opinion of public interest etc.
F842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Publication etc. of reference
F843
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Information
F844
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Time limits
F845
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Reports on references
F846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Changes following report
F847
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84 CMA's power to veto changes
F848
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Disclosure etc.
F849
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84Powers of investigation
F8410
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 11Further provision about F90NHS England’s enforcement powers
Words in Sch. 11 heading substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 100(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 1Discretionary requirements
Procedure
I9441
1
2
A notice of intent must—
a
state that F343NHS England proposes to impose the discretionary requirement and set out its effect,
b
set out the grounds for the proposal to impose the requirement,
c
explain the effect of section 106 (enforcement undertakings),
d
set out the circumstances (if any) in which F344NHS England may not impose the requirement, and
e
specify the period (“the notice period”) within which representations with respect to the proposal may be made to F345NHS England.
3
The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received.
4
But where F346NHS England—
a
proposes to impose a compliance requirement or restoration requirement, and
b
considers that a shorter notice period is necessary to prevent or minimise further breaches of the kind referred to in section 105(1),
the notice period is to be such shorter period as F346NHS England may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.
2
I9451
After the end of the notice period F338NHS England must decide whether to—
a
impose the discretionary requirement, with or without modifications, or
b
impose any other discretionary requirement.
I9452
3
A final notice must—
I945a
state that F340NHS England has decided to impose the discretionary requirement and set out its effect,
I945b
set out the grounds for imposing the requirement,
I1068c
in the case of a variable monetary penalty, state—
i
how payment may be made,
ii
the period (“the payment period”) within which payment must be made,
iii
any discount applicable for early payment of the penalty, and
iv
the rate of interest payable for late payment of the penalty,
I945d
set out the consequences of failing to comply with the requirement, and
I945e
explain the right of appeal conferred by paragraph 3.
I10684
The payment period must be not less than 28 days beginning with the day after that on which the final notice is received.
I10685
F341NHS England must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
3
I9461
A person may appeal to the First-tier Tribunal against a decision of F349NHS England to impose a discretionary requirement.
2
The grounds for an appeal under this paragraph are—
I946a
that the decision was based on an error of fact,
I946b
that the decision was wrong in law,
I1069c
in the case of a decision imposing a variable monetary penalty, that the amount of the penalty is unreasonable,
I946d
in the case of a decision to impose a compliance requirement or a restoration requirement, that the nature of the requirement is unreasonable, or
I946e
that the decision was unreasonable for any other reason.
3
The discretionary requirement is suspended pending determination of the appeal.
4
On an appeal under this paragraph, the Tribunal may—
a
confirm, vary or withdraw the discretionary requirement,
b
take such steps as F350NHS England could take in relation to the breach giving rise to the imposition of the requirement, or
c
remit the decision whether to confirm the requirement, or any matter relating to that decision, to F351NHS England.
4
F352NHS England may by notice to a person on whom a discretionary requirement has been imposed—
I1043a
withdraw the discretionary requirement,
I1070b
in the case of a variable monetary penalty, reduce the amount of the penalty or extend the payment period, or
I1043c
in the case of a compliance requirement or a restoration requirement, extend the period specified for taking the steps specified in the requirement.
Non-compliance penalties
I9475
1
2
3
A non-compliance notice must—
a
specify the amount of the non-compliance penalty,
b
set out the grounds for imposing the penalty,
c
state how payment of the penalty may be made,
d
state the period (“the payment period”) within which payment must be made,
e
state any discount applicable for early payment of the penalty,
f
set out the consequences of a failure to pay within the payment period (including any increase in the amount payable), and
g
explain the right of appeal conferred by paragraph 6.
4
The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received.
5
If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid F355NHS England may increase the amount payable by no more than 50% of the amount of the penalty.
6
F356NHS England may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.
I9486
1
A person may appeal to the First-tier Tribunal against a decision of F357NHS England to impose a non-compliance penalty.
2
The grounds for such an appeal are—
a
that the decision was based on an error of fact,
b
that the decision was wrong in law, or
c
that the decision was, or the amount of the penalty is, unfair or unreasonable.
3
The non-compliance penalty is suspended pending determination of the appeal.
4
On an appeal, the Tribunal may—
a
confirm, vary or withdraw the non-compliance penalty, or
b
remit the decision whether to confirm the penalty, or any matter relating to that decision, to F358NHS England.
Recovery of financial penalties
7
I9491
Amounts payable to F359NHS England of the kind mentioned in sub-paragraph (2) are recoverable summarily as a civil debt (but this does not affect any other method of recovery).
2
The amounts are—
I1071a
a variable monetary penalty and any interest payable on it, or
I949b
a non-compliance penalty.
Payments of penalties etc. into Consolidated Fund
8
F360NHS England must pay any sums it receives in respect of any of the following into the Consolidated Fund—
I1072a
a variable monetary penalty and any interest payable on it, or
I950b
a non-compliance penalty.
PART 2Enforcement undertakings
Procedure
I9519
1
F361NHS England must publish a procedure for entering into enforcement undertakings.
2
3
F363NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.
I95210
1
2
But F365NHS England must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—
a
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
b
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
Variation of terms
I95311
The terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and F366NHS England agree.
Compliance certificates
I95412
1
2
A person who has given an enforcement undertaking may at any time make an application to F368NHS England for a compliance certificate.
3
The application must be made in such form, and accompanied by such information, as F369NHS England requires.
4
F370NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
I95513
1
An appeal lies to the First-tier Tribunal against a decision of F371NHS England to refuse an application for a certificate of compliance.
2
The grounds for an appeal under this paragraph are that the decision was—
a
based on an error of fact,
b
wrong in law, or
c
unfair or unreasonable.
3
On an appeal under this paragraph, the Tribunal may confirm F372NHS England’s decision or direct that it is not to have effect.
Inaccurate, incomplete or misleading information
I95614
Where F374NHS England is satisfied that a person who has given an enforcement undertaking has supplied F374NHS England with inaccurate, misleading or incomplete information in relation to the undertaking—
a
F374NHS England may treat the person as having failed to comply with the undertaking, and
C14SCHEDULE 12Procedure on references under section 120
Sch. 12 modified (temp.) (1.7.2022) by The Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 (S.I. 2022/734), reg. 19(3)(4) (with regs. 13, 29, 30)
Contents etc. of reference
I1073I11011
1
A reference under section 120 must specify—
a
Monitor's reasons for proposing the method to which the reference relates, and
b
its representations as to why the grounds referred to in section 121(4) do not apply.
2
Monitor must give notice of the reference to—
a
F92NHS England, and
b
each objector.
3
The notice must be accompanied by a copy of the reference.
4
In this Schedule, “objector” means—
a
in relation to a reference made where the condition in section 120(2)(a) is not met, each clinical commissioning group who objected to the proposed method to which the reference relates, and
b
in relation to a reference made where the condition in section 120(2)(b) or (c) is not met, each relevant provider who objected to that proposed method.
Representations by objectors
I1074I11022
1
If an objector wishes to make representations to the F17CMA on the matters specified in the reference for the purposes of paragraph 1(1), the objector must do so before the end of the period of 10 working days beginning with the day on which the objector receives the notice under paragraph 1(2).
2
The objector must give Monitor a copy of the representations.
3
If Monitor wishes to reply to representations under sub-paragraph (1), it must do so before the end of the period of 10 working days beginning with the day on which it receives the copy under sub-paragraph (2).
4
Monitor must send a copy of its reply to the objector who made the representations.
5
In this Schedule, “working day” means any day other than—
a
a Saturday or a Sunday,
b
Christmas Day or Good Friday, or
c
a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.
Functions of F5CMA in relation to reference
Word in Sch. 12 para. 3 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
I1075I11033
F181
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F214
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
A decision of F22the group is effective only if—
a
all the members of the group are present when it is made, and
b
at least two members of the group are in favour of it.
Timetable for determination on reference
I1076I11044
1
F23The CMA must make its determination on a reference before the end of the period of 30 working days following the last day for the making by Monitor of a reply in accordance with paragraph 2.
2
If F24the CMA is satisfied that there are good reasons for departing from the normal requirements, it may (on one occasion only) extend that period by not more than 20 working days.
3
The F25CMA must ensure that an extension under sub-paragraph (2) is notified to—
a
Monitor,
b
F92NHS England, and
c
every objector who made representations in accordance with paragraph 2.
Matters to be considered on determination
I1077I11055
1
2
The matters mentioned in sub-paragraph (1) are—
a
all matters raised by an objector in representations under paragraph 2 that the objector did not raise at the time of the consultation under section 118, and
b
all matters raised by Monitor in replies under paragraph 2 that it did not include in the reference.
Production of documents
I1078I11066
1
The F28CMA may by notice require a person to produce to it the documents specified or otherwise identified in the notice.
2
The power to require the production of a document is a power to require its production—
a
at the time and place specified in the notice, and
b
in a legible form.
3
The F29CMA may take copies of a document produced to it under this paragraph.
Oral hearings
I1079I11077
1
For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by F30the CMA.
2
F31The CMA may administer oaths for the purposes of this Schedule.
3
The F32CMA must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.
4
The F33CMA may by notice require a person—
a
to attend at a time and place specified in the notice, and
5
At an oral hearing, the F36CMA may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.
6
A person comes within this sub-paragraph if the person is—
a
an objector who has made representations in accordance with paragraph 2,
b
a person attending the hearing as a representative of a person mentioned in paragraph (a), or
c
a person attending the hearing as a representative of Monitor.
7
A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).
8
If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—
a
the F37CMA is not obliged to require the person to attend the hearing, and
b
the F38CMA may make a determination on the reference without hearing that person's evidence or representations.
9
Where a person is required under this paragraph to attend at a place more than 10 miles from that person's place of residence, the F39CMA must pay the person the necessary expenses of attending.
Written statements
I1080I11088
1
2
The power to require the production of a written statement includes power to specify the time and place at which it is to be produced.
3
The written statement must be verified in accordance with a statement of truth.
4
In this paragraph and paragraph 9, “statement of truth” means a statement that the person producing the document which includes the statement believes the matters stated as facts in the document to be true.
Defaults in relation to evidence
I1081I11099
1
This paragraph applies if a person (“the defaulter”)—
a
fails to comply with a notice or other requirement under paragraph 6, 7 or 8,
b
in complying with a notice under paragraph 8, makes a statement that is false in a material particular, or
c
in providing information otherwise verified in accordance with a statement of truth required by rules under paragraph 11, provides information that is false in a material particular.
2
A member of the F42group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice or requirement relates may certify the failure, or the fact that a false statement has been made, to the High Court.
3
The High Court may inquire into a matter so certified.
4
If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter's defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.
General provisions relating to evidence
I1082I111010
1
No person may be compelled to give evidence under paragraph 6, 7 or 8 which the person could not be compelled to give in civil proceedings in the High Court.
2
A notice under paragraph 6, 7 or 8 may be given on the F43CMA's behalf by a member of the group constituted for the purpose of carrying out functions of the CMA with respect to the reference to which the notice relates.
Procedural rules
I1083I111111
1
The F44CMA Board may make rules of procedure for determinations on references under section 120.
2
Those rules may include provision supplementing the provisions of this Schedule in relation to any notice, hearing or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on—
a
the taking of evidence at an oral hearing, or
b
the making of representations at an oral hearing.
3
The rules may apply, with or without modification, provision included in appeal rules under Schedule 22 to the Energy Act 2004.
4
The F45CMA Board must publish rules made under this paragraph.
5
Before making rules under this paragraph, the F45CMA Board must consult such persons as it considers appropriate.
6
Rules under this paragraph may make different provision for different cases.
Costs
I1084I111212
F461
Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.
2
Where it is determined that the method to which the reference relates is not appropriate, the order must require those costs to be paid by Monitor.
3
Where it is determined that the method to which the reference relates is appropriate, the order must require those costs to be paid by such objectors as are specified in the order.
4
Where the order specifies more than one objector, it may specify the proportions in which the objectors are to be liable for the costs.
5
6
A person required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the making of the order.
7
Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at such rate as may be determined in accordance with provision in the order.
Power to modify time limits
I104I1085I111313
The Secretary of State may by order vary any period specified in this Schedule as the period within which something must be done.
SCHEDULE 13Part 3: minor and consequential amendments
General
I1341
1
Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor.
2
Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
I1352
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—
bk
Monitor;
Parliamentary Commissioner Act 1967 (c. 13)
I1363
1
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
a
at the appropriate place insert— “
Monitor.
”
, and
b
omit the entry for the Independent Regulator of NHS Foundation Trusts.
2
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Superannuation Act 1972 (c. 11)
I1374
1
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.
2
In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question).
House of Commons Disqualification Act 1975 (c. 24)
I1385
1
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
a
at the appropriate place insert— “
Chair or other member of Monitor.
”
, and
b
omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
2
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I1396
1
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
a
at the appropriate place insert— “
Chair or other member of Monitor.
”
, and
b
omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts.
2
In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
Freedom of Information Act 2000 (c. 36)
I1407
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
a
at the appropriate place insert— “
Monitor.
”
, and
b
omit the entry for the Independent Regulator of NHS Foundation Trusts.
National Health Service Act 2006 (c. 41)
I141I370I9578
The National Health Service Act 2006 is amended as follows.
I3719
I1421
Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts).
2
In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
I37210
1
Omit section 32 (general duty of regulator).
F3732
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14311
In section 275(1) (general interpretation), at the appropriate place, insert—
“the regulator” means Monitor,
I14412
In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)” substitute “section 275(1)”.
National Health Service (Wales) Act 2006 (c. 42)
I14513
In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
Health and Social Care Act 2008 (c. 14)
I95814
The Health and Social Care Act 2008 is amended as follows.
I95915
In section 30(3) (urgent applications for cancellation of registration of service provider: notice requirements), for paragraph (c) substitute—
c
where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,
I96016
In section 39(1) (notice requirements in relation to certain matters), for paragraph (c) substitute—
c
where the person registered as a service provider in respect of the activity is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,
I96117
In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission), for subsection (2) substitute—
2
The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.
Health Act 2009 (c. 21)
I14618
In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph (f) substitute—
f
Monitor;
Equality Act 2010 (c.15)
I14719
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.
F85SCHEDULE 14Abolition of NHS trusts in England: consequential amendments
Sch. 14 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 7 para. 13; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F85PART 1Amendments of the National Health Service Act 2006
F851
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F852
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F853
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F855
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F856
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F857
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F858
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F859
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8511
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8512
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8513
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8517
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8519
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8521
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8522
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8523
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8524
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8525
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8527
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8529
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8530
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8532
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8534
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8535
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8536
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8538
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8539
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8540
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85PART 2Amendments of other Acts
F85Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
F8541
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Public Bodies (Admission to Meetings) Act 1960 (c. 67)
F8542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Abortion Act 1967 (c. 87)
F8543
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
F8544
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Local Government Act 1972 (c. 70)
F8545
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85House of Commons Disqualification Act 1975 (c. 24)
F8546
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Acquisition of Land Act 1981 (c. 67)
F8547
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8548
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8549
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Mental Health Act 1983 (c. 20)
F8550
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
F8551
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Copyright, Designs and Patents Act 1988 (c. 48)
F8552
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health and Medicines Act 1988 (c. 49)
F8553
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Road Traffic Act 1988 (c. 52)
F8554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Access to Health Records Act 1990 (c. 23)
F8555
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Water Industry Act 1991 (c. 56)
F8556
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85London Local Authorities Act 1991 (c. xiii)
F8557
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Social Security Contributions and Benefits Act 1992 (c. 4)
F8558
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8559
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8560
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8561
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health Service Commissioners Act 1993 (c. 46)
F8563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Vehicle Excise and Registration Act 1994 (c. 22)
F8564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Value Added Tax Act 1994 (c. 23)
F8565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8566
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8567
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Employment Rights Act 1996 (c. 18)
F8568
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8569
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8570
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Audit Commission Act 1998 (c. 18)
F8571
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8572
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8573
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Data Protection Act 1998 (c. 29)
F8574
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health Act 1999 (c. 8)
F8575
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Greater London Authority Act 1999 (c. 29)
F8576
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Care Standards Act 2000 (c. 14)
F8577
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8578
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8579
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8580
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Freedom of Information Act 2000 (c. 36)
F8581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85International Development Act 2002 (c. 1)
F8582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Nationality, Immigration and Asylum Act 2002 (c. 41)
F8583
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
F8584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Finance Act 2003 (c. 14)
F8585
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8586
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8587
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Licensing Act 2003 (c. 17)
F8588
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
F8589
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8590
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8591
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8592
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Finance Act 2004 (c. 12)
F8594
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Domestic Violence, Crime and Victims Act 2004 (c. 28)
F8595
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Children Act 2004 (c. 31)
F8596
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8597
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8598
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8599
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Civil Contingencies Act 2004 (c. 36)
F85100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85National Health Service (Wales) Act 2006 (c. 42)
F85101
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
F85102
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Local Government and Public Involvement in Health Act 2007 (c. 28)
F85103
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Criminal Justice and Immigration Act 2008 (c. 4)
F85107
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health and Social Care Act 2008 (c. 14)
F85108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85109
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Autism Act 2009 (c. 15)
F85111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Health Act 2009 (c. 21)
F85112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Corporation Tax Act 2010 (c. 4)
F85115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Equality Act 2010 (c. 15)
F85116
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85Charities Act 2011 (c. 25)
F85117
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85118
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85119
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 15Part 7: consequential amendments and savings
PART 1Abolition of The General Social Care Council
Amendments to the Care Standards Act 2000 (c. 14)
I1731
The Care Standards Act 2000 is amended as follows.
I1742
In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)—
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,”.
I1753
In section 56 (register of social care workers etc.)—
a
in subsection (1), for “Each Council” substitute “The Welsh Council”, and
b
in subsection (4), for “the Council” substitute “the Welsh Council”.
I1764
In section 57 (applications for registration), in subsection (1), for “a Council” substitute “the Welsh Council”.
I1775
In section 58 (grant or refusal of registration), in subsection (1) for “the Council” substitute “the Welsh Council”.
I1786
In section 58A (visiting social workers from relevant European States)—
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”.
I1797
In section 59 (removal etc. from register), in subsection (1), for “Each Council” substitute “The Welsh Council”.
I1808
In section 60 (rules about registration), for “A Council” substitute “The Welsh Council”.
I1819
In section 61 (offence relating to use of title “social worker” etc.)—
a
in subsection (1), after “a person” insert “in Wales”,
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,”.
I18210
In section 62 (codes of practice)—
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”.
I18311
In section 63 (approval of courses etc.)—
a
in subsection (1), for “Each Council” substitute “The Welsh Council”, and
b
in subsection (4), for “A Council” substitute “The Council”.
I18412
In section 64 (qualifications gained outside Council's area)—
a
in subsection (A1), for “a Council” substitute “the Welsh Council”,
b
omit subsection (1), and
c
for the title substitute “Qualifications gained outside the Welsh Council's area”.
I18513
In section 65(1) (power to make rules requiring registered persons to undertake further training), for “A Council” substitute “The Welsh Council”.
I18614
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”.
I18715
In section 67 (functions of the appropriate Minister)—
a
in subsection (2), for “a Council” substitute “the Welsh Council”, and
b
in subsection (5), omit paragraph (a) (and the “or” following it).
I18816
In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the Welsh Council”.
I18917
In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh Council”.
I19018
Omit section 70 (abolition of the Central Council for Education and Training in Social Work).
I19119
In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the Welsh Council”.
I19220
In section 113 (default Ministerial powers), omit subsection (1).
I19321
In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.
I19422
In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the end.
I19523
In section 121 (13) (index of defined expressions)—
a
omit the entry for “CCETSW”,
b
omit the entry for references to the Council, the English Council and the Welsh Council, and
c
at the end insert—
the Welsh Council
Section 54
I19624
In section 122 (commencement), omit “section 70(2) to (5) and”.
I19725
In section 123 (extent), omit subsection (3).
I19826
Schedule 1 (the Care Councils) is amended as follows.
I19927
Omit paragraph 1 (introductory).
I20028
In paragraph 2 (status)—
a
for “An authority” substitute “The Welsh Council”, and
b
for “an authority's” substitute “the Council's”.
I20129
In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh Ministers, the Welsh Council”.
I20230
In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.
I20331
For paragraph 5 (membership)—
a
for “Each authority” substitute “The Welsh Council”, and
b
for “the Secretary of State” substitute “the Welsh Ministers”.
I20432
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”,
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”.
I20533
1
Paragraph 7 (remuneration and allowances) is amended as follows.
2
In sub-paragraph (1)—
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)—
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”.
4
In sub-paragraph (3)—
a
for “the Secretary of State determines” substitute “the Welsh Ministers determine”,
b
for “an authority” substitute “the Council”,
c
for “the authority” substitute “the Council”, and
d
for “the Secretary of State” substitute “the Welsh Ministers”.
I20634
1
Paragraph 8 (chief officer) is amended as follows.
2
In sub-paragraph (1)—
a
for “each authority” substitute “the Welsh Council”, and
b
for “the authority”, in each place it appears, substitute “the Council”.
3
In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”.
4
In sub-paragraph (3), for “the authority” substitute “the Council”.
5
In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.
I20735
1
Paragraph 12 (staff) is amended as follows.
2
In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.
3
In sub-paragraph (2)—
a
for “an authority” substitute “the Council”, and
b
for “the authority” substitute “the Council”.
4
In sub-paragraph (3), for “an authority” substitute “the Council”.
5
In sub-paragraph (4)—
a
for “Secretary of State” substitute “Welsh Ministers”,
b
in paragraph (a), for “an authority” substitute “the Council”, and
c
in paragraph (c), for “the authority” substitute “the Council”.
I20836
1
Paragraph 13 (delegation of functions) is amended as follows.
2
In sub-paragraph (1)—
a
for “An authority” substitute “The Welsh Council”, and
b
for “the authority” substitute “the Council”.
3
In sub-paragraph (2)—
a
for “An authority” substitute “The Council”, and
b
for “the authority” substitute “the Council”.
I20937
In paragraph 14 (arrangements for the use of staff)—
a
for “The Secretary of State” substitute “The Welsh Ministers”,
b
in paragraph (a), for “an authority” substitute “the Welsh Council”, and
c
in paragraph (b), for “an authority” substitute “the Council”, and for “the authority” substitute “the Council”.
I21038
In paragraph 16 (payments to authorities)—
a
for “The Secretary of State” substitute “The Welsh Ministers”,
b
for “an authority” substitute “the Welsh Council”, and
c
for “he considers” substitute “they consider”.
I21139
1
Paragraph 18 (accounts) is amended as follows.
2
In sub-paragraph (1)—
a
for “An authority” substitute “The Welsh Council”, and
b
for “the Secretary of State” substitute “the Welsh Ministers”.
3
In sub-paragraph (2)—
a
for “An authority” substitute “The Council”, and
b
for “the Secretary of State” substitute “the Welsh Ministers”.
4
In sub-paragraph (3)—
a
for “An authority” substitute “The Council”,
b
for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”, and
c
for “the Comptroller and Auditor General” substitute “the Auditor General for Wales”.
5
In sub-paragraph (4)—
a
for “The Comptroller and Auditor General” substitute “The Auditor General for Wales”, and
b
for “Parliament” substitute “the Assembly”.
6
In sub-paragraph (5)—
a
for “an authority” substitute “the Council”, and
b
in paragraph (a), for “the authority” substitute “the Council”.
I21240
1
Paragraph 19 (reports etc.) is amended as follows.
2
In sub-paragraph (1)—
a
for “an authority” substitute “the Welsh Council”, and
b
for “the Secretary of State” substitute “the Welsh Ministers”.
3
In sub-paragraph (2)—
a
for “An Authority” substitute “The Council”,
b
for “the Secretary of State” substitute “the Welsh Ministers”, and
c
for “he” substitute “they”.
4
In sub-paragraph (3), for “the authority” substitute “the Council”.
I21341
In paragraph 20 (application of seal)—
a
for “an authority” substitute “the Welsh Council”, and
b
in paragraphs (a) and (b), for “the authority” substitute “the Council”.
I21442
In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
I21543
For the title to Schedule 1 substitute “The Welsh Council”.
Amendments to the Health and Social Care Act 2008 (c. 14)
I21644
The Health and Social Care Act 2008 is amended as follows.
I21745
1
In section 124 (regulation of social care workers)—
a
in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
b
in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
c
in subsection (3), omit the definition of “the appropriate Minister”.
2
For the title to that section substitute “Regulation of social care workers: Wales”.
I21846
Section 125 (standard of proof in proceedings relating to registration of social care worker)—
a
in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the Care Council for Wales, a committee of the Council or any officer of the Council”, and
b
in subsection (3), omit paragraph (a).
I21947
1
Section 126 (education and training of approved mental health professionals) is amended as follows.
2
In subsection (1)—
a
for “appropriate Minister” substitute “Welsh Ministers”, and
b
omit “the General Social Care Council or”.
3
In subsection (4), omit the definition of “the appropriate Minister”.
4
For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
I22048
In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert—
za
sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and training of approved mental health professionals: Wales),
I22149
1
Schedule 9 (regulation of social care workers) is amended as follows.
2
In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
“the Council” means the Care Council for Wales.
3
In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for “the appropriate Council” substitute “the Council”.
4
In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
5
In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to “Welsh Ministers, on”.
6
In paragraph 8 (matters outside the scope of regulations)—
a
in sub-paragraph (1), omit “the General Social Care Council or”,
b
in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
c
in that sub-paragraph, for “that Council” substitute “the Council”.
7
Omit paragraph 9 (preliminary procedure for making regulations: England).
8
For the title to that Schedule substitute “Regulation of social care workers: Wales”.
Amendments to other Acts
I22250
In the following provisions, omit the entry for the General Social Care Council—
a
the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
b
Schedule 2 to the Parliamentary Commissioner Act 1967,
c
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
d
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
e
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
I22351
In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
I22452
In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in entry number 8 in the table in subsection (7)—
a
in the first column, after “social care workers” insert “in Wales”, and
b
in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
PART 2The Health and Care Professions Council
I22553
1
A reference in any instrument or document to the Health Professions Council is to be read, in relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions Council.
2
A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council.
3
In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
an Act or Measure of the National Assembly for Wales, or
d
Northern Ireland legislation.
I22654
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “
The Health and Care Professions Council
”
.
I22755
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “
The Health and Care Professions Council
”
.
I22856
In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
a
Part 6 of Schedule 1 to the Freedom of Information Act 2000,
b
section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
c
section 4(4)(a) of the Health (Wales) Act 2003,
d
paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
e
paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
f
sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
I22957
In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—
a
the Health and Care Professions Council;
I23058
After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
6
The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).
PART 3The Professional Standards Authority for Health and Social Care
General
I37959
1
A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care.
2
A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
3
In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
an Act or Measure of the National Assembly for Wales, or
d
Northern Ireland legislation.
Health Act 1999 (c. 8)
I38060
In section 60(1) of the Health Act 1999—
a
in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
b
in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
I38161
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
I38262
In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—
a
section 25(2), (2A) and (4),
b
section 26(1), (2), (3) and (4),
c
section 26A(1) (in each place it appears) and (2),
d
section 26B(1) and (4) (in each case, in each place it appears),
e
section 27(1), (2), (4), (10) and (14),
f
section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
g
section 29(4) and (7) (in each case, in each place it appears),
h
in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
i
the title of each of sections 26, 27 and 29, and
j
the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
I38363
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.
I38464
Omit section 26(12) of that Act.
I38565
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council's” substitute “Authority's”.
I38666
For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.
Other Acts, etc.
I38767
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
I38868
In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
a
paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
b
paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and
c
paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.
I38969
1
In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”—
a
Schedule 1 to the Public Records Act 1958,
b
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
c
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
d
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
2
In each of the provisions listed in sub-paragraph (1), at the appropriate place insert— “
The Professional Standards Authority for Health and Social Care
”
.
3
Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
PART 4The Office of the Health Professions Adjudicator
Miscellaneous amendments
I14870
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
I14971
1
Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
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,
c
Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
d
the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951).
2
In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case.
3
Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
4
Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).
Amendments to the Health Act 1999 (c. 8)
I15072
1
The Health Act 1999 is amended as follows.
2
Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
3
In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008.
4
In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”.
5
In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)
I15173
1
In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)—
a
in paragraph (c), omit “otherwise than by reason of his physical or mental health”, and
b
in paragraph (f), omit the words from “, other than a direction” to the end.
2
In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.
Amendments to the Health Act 2006 (c. 28)
I15274
1
Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it.
2
Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions).
3
In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.
Amendments to the Health and Social Care Act 2008 (c. 14)
I15375
1
The Health and Social Care Act 2008 is amended as follows.
2
In section 128 (interpretation), omit the definition of “the OHPA”.
3
In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4).
4
In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.
Savings
I15476
1
If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), 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 those paragraphs.
2
Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes—
a
the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State,
b
the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and
c
the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State.
3
Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
I15577
A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.
I15678
In paragraphs 76 and 77—
“abolition” means the commencement of section 231(1);
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
“the OHPA” means the Office of the Health Professions Adjudicator.
SCHEDULE 16The National Institute for Health and Care Excellence
Membership, appointment, etc.
I105I9621
1
NICE consists of—
a
at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive members”), and
b
at least three but not more than five other members appointed by the non-executive members (referred to in this Schedule as the “executive members”).
2
One of the non-executive members must be appointed as the chair.
3
One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State.
4
The executive members are employees of NICE.
5
Regulations may—
a
prescribe the number of executive members (subject to sub-paragraph (1)(b)), and
b
provide that all or any of the executive members (other than the chief executive) must hold posts of descriptions specified in the regulations.
Tenure of non-executive office
I9632
1
The chair and other non-executive members—
a
hold and vacate office in accordance with the terms of their appointments, but
b
may resign office by giving notice to the Secretary of State.
2
The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds—
a
incapacity,
b
misbehaviour, or
c
failure to carry out his or her duties as a non-executive member.
3
The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
4
A non-executive member may not be appointed for a period of more than four years.
5
A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
Suspension from non-executive office
I9643
1
This paragraph applies where a person is suspended under paragraph 2(3).
2
The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.
3
The notice may be—
a
delivered in person (in which case, the person is taken to receive it when it is delivered), or
b
sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).
4
The initial period of suspension must not exceed six months.
5
The Secretary of State may at any time review the suspension.
6
The Secretary of State—
a
must review the suspension if requested in writing by the person to do so, but
b
need not review the suspension less than three months after the beginning of the initial period of suspension.
7
Following a review during a period of suspension, the Secretary of State may—
a
revoke the suspension, or
b
suspend the person for another period of not more than six months from the expiry of the current period.
8
The Secretary of State must revoke the suspension if the Secretary of State—
a
decides that there are no grounds to remove the person from office under paragraph 2(2), or
b
decides that there are grounds to do so but does not remove the person from office under that provision.
I9654
1
This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).
2
The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair's functions.
3
The interim chair—
a
holds and vacates office in accordance with the terms of the appointment, but
b
may resign office by giving notice in writing to the Secretary of State.
4
Appointment as interim chair is for a term not exceeding the shorter of—
a
the period ending with either—
i
the appointment of a new chair, or
ii
the revocation or expiry of the existing chair's suspension, and
b
the remainder of the interim chair's term as a non-executive member.
5
A person who ceases to be the interim chair is eligible for re-appointment.
Remuneration etc. of non-executive members
I9665
1
NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine.
2
NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
3
If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount as the Secretary of State may determine.
Staff
I9676
1
NICE may appoint such persons to be employees of NICE as it considers appropriate.
2
Employees of NICE are to be paid such remuneration and allowances as NICE may determine.
3
Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.
4
NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of NICE.
5
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.
Committees
I9687
1
NICE may appoint such committees and sub-committees as it considers appropriate.
2
A committee or sub-committee may consist of or include persons who are not members or employees of NICE.
3
NICE may pay such remuneration and allowances as it may determine to any person who—
a
is a member of a committee or sub-committee, but
b
is not an employee of NICE,
whether or not that person is a non-executive member of NICE.
Procedure
I106I9698
1
NICE may regulate its own procedure.
2
But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee.
3
The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.
Exercise of functions
I9709
NICE may arrange for the exercise of its functions on its behalf by—
a
a non-executive member;
b
an employee (including an executive member);
c
a committee or sub-committee.
General powers
I97110
1
NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
2
But, except as provided by paragraph 11(3), NICE has no power to borrow money.
3
NICE may do any of the following only with the approval of the Secretary of State—
a
form, or participate in the forming of, companies,
b
invest in companies (whether by acquiring assets, securities or rights or otherwise), and
c
provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
4
The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate.
5
In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
Finance
I97211
1
The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate.
2
Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate.
3
The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.
Reports
I97312
1
As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year.
2
NICE must—
a
lay a copy of the report before Parliament, and
b
once it has done so, send a copy of it to the Secretary of State.
3
NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE's functions as the Secretary of State may require.
4
In this paragraph and paragraph 14 “financial year” means—
a
the period beginning on the day on which section 232 comes into force and ending on the following 31 March;
b
each successive period of 12 months.
Accounts
I107I97413
1
NICE must keep proper accounts and proper records in relation to the accounts.
2
The Secretary of State may, with the approval of the Treasury, give directions to NICE as to—
a
the content and form of its accounts, and
b
the methods and principles to be applied in the preparation of its accounts.
3
In sub-paragraph (2) a reference to accounts includes NICE's annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
I108I97514
1
NICE must prepare annual accounts in respect of each financial year.
2
NICE must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.
3
The Comptroller and Auditor General must—
a
examine, certify and report on the annual accounts, and
b
lay copies of them and the report before Parliament.
I109I97615
1
The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
2
NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct.
3
The Comptroller and Auditor General must—
a
examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
b
if the Secretary of State so directs—
i
send a copy of the report on the accounts to the Secretary of State, and
ii
lay copies of them and the report before Parliament.
Seal and evidence
I97716
1
The application of NICE's seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose.
2
A document purporting to be duly executed under NICE's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Status
I97817
1
NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
2
NICE's property must not be regarded as property of, or property held on behalf of, the Crown.
SCHEDULE 17Part 8: consequential amendments
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
I9791
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—
n
the National Institute for Health and Care Excellence;
Parliamentary Commissioner Act 1967 (c. 13)
I9802
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “
National Institute for Health and Care Excellence.
”
Local Government Act 1972 (c. 70)
I9813
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—
a
after “agreement with” insert “the National Institute for Health and Care Excellence,”,
b
in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
c
in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
House of Commons Disqualification Act 1975 (c. 24)
I9824
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “
The National Institute for Health and Care Excellence.
”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
I9835
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “
The National Institute for Health and Care Excellence.
”
Employment Rights Act 1996 (c. 18)
I9846
1
The Employment Rights Act 1996 is amended as follows.
2
In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
ac
the National Institute for Health and Care Excellence,
3
In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
cc
the National Institute for Health and Care Excellence,
Data Protection Act 1998 (c. 29)
I9857
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—
fb
the National Institute for Health and Care Excellence,
Freedom of Information Act 2000 (c. 36)
I9868
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “
The National Institute for Health and Care Excellence.
”
International Development Act 2002 (c. 1)
I9879
In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert— “
The National Institute for Health and Care Excellence.
”
National Health Service Act 2006 (c. 41)
I98810
1
The National Health Service Act 2006 is amended as follows.
2
In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—
ka
NICE,
3
In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—
da
NICE,
4
In section 72 (co-operation between NHS bodies)—
a
the existing text becomes subsection (1), and
b
after that subsection insert—
2
For the purposes of this section, NICE is an NHS body.
5
In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
“NICE” means the National Institute for Health and Care Excellence;
National Health Service (Wales) Act 2006 (c. 42)
I98911
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—
ka
the National Institute for Health and Care Excellence,
Health and Social Care Act 2008 (c. 14)
I99012
1
The Health and Social Care Act 2008 is amended as follows.
2
Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading.
3
In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
a
at the end of paragraph (a) insert “or”, and
b
omit paragraph (c) and the word “or” immediately preceding it.
Health Act 2009 (c. 21)
I99113
In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—
da
the National Institute for Health and Care Excellence;
Equality Act 2010 (c. 15)
I99214
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 National Institute for Health and Care Excellence.
”
F398SCHEDULE 18The Health and Social Care Information Centre
Sch. 18 omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 17(31) (with reg. 3)
Membership, appointment, etc.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tenure of non-executive office
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension from non-executive office
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration etc. of non-executive members
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committees
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedure
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exercise of functions
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General powers
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports
12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts
13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Seal and evidence
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Status
17
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 19Part 9: consequential amendments
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
I9931
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 17) insert—
o
the Health and Social Care Information Centre.
Parliamentary Commissioner Act 1967 (c. 13)
I9942
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)
I9953
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (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)
I9964
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “
The Health and Social Care Information Centre.
”
Access to Health Records Act 1990 (c. 23)
I9975
In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—
f
the Health and Social Care Information Centre;
Employment Rights Act 1996 (c. 18)
I9986
1
The Employment Rights Act 1996 is amended as follows.
2
In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—
ad
the Health and Social Care Information Centre,
3
In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
cd
the Health and Social Care Information Centre,
Data Protection Act 1998 (c. 29)
I9997
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—
fc
the Health and Social Care Information Centre,
Freedom of Information Act 2000 (c. 36)
I10008
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “
The Health and Social Care Information Centre.
”
National Health Service Act 2006 (c. 41)
I10019
1
The National Health Service Act 2006 is amended as follows.
2
In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) 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 17) insert—
db
the Health and Social Care Information Centre,
4
In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this Act) insert—
3
For the purposes of this section, the Health and Social Care Information Centre is an NHS body.
National Health Service (Wales) Act 2006 (c. 42)
I100210
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 17) insert—
kb
the Health and Social Care Information Centre,
Health and Social Care Act 2008 (c. 14)
I100311
In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—
a
omit the “or” after paragraph (d), and
b
after paragraph (e) insert
, or
f
the Health and Social Care Information Centre.
Health Act 2009 (c. 21)
I100412
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 17) insert—
db
the Health and Social Care Information Centre;
Equality Act 2010 (c. 15)
I100513
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.
”
SCHEDULE 20Part 10: consequential amendments and savings
PART 1The Alcohol Education and Research Council
Consequential amendments
I1571
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.
I1582
Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
I1593
In consequence of the repeal made by section 278(2)—
a
in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
b
in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).
Savings
I1604
1
Anything which is in the process of being done by the Alcohol Education and Research Council under an enactment immediately before abolition 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 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 278(1);
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
PART 2The Appointments Commission
Consequential amendments
I3195
1
Omit the entry for the Appointments Commission in each of the following—
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
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).
I3206
Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to 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
e
the Chiropractors Act 1994.
I3217
In consequence of the repeal made by section 279(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 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).
Savings
I3228
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 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 279(2), paragraph 22 of that Schedule is to continue to have 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
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.
5
In this paragraph—
“abolition” means the commencement of section 279(1);
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
PART 3The National Information Governance Board for Health and Social Care
Consequential amendments
I10069
1
Omit the entry for the National Information Governance Board for Health and Social Care in each of the following—
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 Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of those paragraphs).
I100710
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 Act 2008, omit paragraph 5 (and the preceding cross-heading).
I100811
In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social Care Act 2008.
Savings
I100912
1
Anything which is in the process of being done by the National Information Governance Board for Health and Social Care under an enactment immediately before abolition may be continued by the Secretary of State.
2
Despite section 280(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—
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 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—
“abolition” means the commencement of section 280(1);
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).
SCHEDULE 21Amendments relating to relationships between the health services
National Health Service (Scotland) Act 1978 (c. 29)
I409I10101
The National Health Service (Scotland) Act 1978 is amended as follows.
2
1
Section 17A (NHS contracts) is amended as follows.
I10112
In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
3
In subsection (2)—
I392a
after paragraph (c) insert —
ca
the Scottish Ministers;
I392b
for paragraph (f) substitute—
f
Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;
I392c
for paragraph (ff) substitute—
fa
Special Health Authorities established under section 28 of the National Health Service Act 2006;
fb
Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;
I1011d
omit paragraph (h),
I392e
before paragraph (k) insert—
ja
the National Health Service Commissioning Board;
jb
clinical commissioning groups 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”,
I1011g
omit paragraph (ka),
I392h
after paragraph (m) insert—
ma
the Welsh Ministers;
I1011i
after paragraph (p) omit the “and,”,
I1011j
after paragraph (q) insert—
r
the National Institute for Health and Care Excellence; and
s
the Health and Social Care Information Centre,
I10114
After subsection (10) insert—
11
Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (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 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 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 a person mentioned in subsection (2)(f), (fb), (k) or (ma) 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 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 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
b
for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly.
15
Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special Health Authority 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 the National Health Service Act 2006 and the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
16
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 substitution for references to the Secretary of State—
a
where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly;
b
where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and
c
where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
17
In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
a
paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
b
the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
I10123
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 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 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;
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 employee”—
I1045a
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
I1045c
omit the words from “and in this paragraph” to the end.
National Health Service Act 2006 (c. 41)
I410I10135
The National Health Service Act 2006 is amended as follows.
I4116
In section 9 (NHS contracts), in subsection (4)—
a
after paragraph (f) insert—
fa
a Special Health Board constituted under that section,
b
after paragraph (n) insert—
na
the Scottish Ministers,
nb
Healthcare Improvement Scotland,
I10147
After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
10AProvision 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 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 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 (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Secretary of State and the Scottish Ministers acting jointly.
3
Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority 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 of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
4
Subsections (5) to (13) of section 9 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 substitution for references to the Secretary of State—
a
where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and
b
where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
5
In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
a
paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
b
the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
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 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
3
Until the commencement of section 34 of this Act, subsection (1) of section 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 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”.
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
b
Special Health Authorities.
2
Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.
3
Until the commencement of section 34 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.
I101511
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)
I412I101612
The National Health Service (Wales) Act 2006 is amended as follows.
13
In section 7 (NHS contracts), in subsection (4)—
I1044a
omit paragraph (a),
I1044b
omit paragraph (b),
I421c
before paragraph (c) insert—
ba
the National Health Service Commissioning Board,
bb
a clinical commissioning group,
I421d
after paragraph (f) insert—
fa
a Special Health Board constituted under that section,
I421e
omit paragraph (j), and
I421f
after paragraph (n) insert—
na
the Scottish Ministers,
nb
Healthcare Improvement Scotland,
I101714
After section 8 insert—
8AProvision 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—
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 references to the Welsh Ministers—
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 Welsh Ministers and the Secretary of State acting jointly, and
b
for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly.
3
Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
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 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006.
4
Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Welsh Ministers—
a
where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly, and
b
where the Authority is exercising functions in relation to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
5
In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
a
paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
b
the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.
I101815
In section 10 (Welsh Ministers' arrangements with other bodies), in subsection (4) omit paragraph (b).
I101916
In section 13 (exercise of Local Health Board functions), in subsection (3)—
a
omit paragraph (a), and
b
before paragraph (b) insert—
aa
the National Health Service Commissioning Board,
ab
clinical commissioning groups,
I102017
In section 17 (plans for improving health etc), in subsection (6)—
a
in paragraph (g)—
i
after “between” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
ii
omit “Strategic Health Authorities,”,
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
b
in paragraph (h)—
i
after “provision by” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
ii
omit “Strategic Health Authorities,”,
iii
omit “Primary Care Trusts”, and
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”.
I41318
In section 22 (special health authorities), omit subsection (6).
I41419
In section 26 (intervention orders), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
I41520
In section 27 (effect of intervention orders), in subsection (1)—
a
omit “Strategic Health Authority,” in each place it occurs, and
b
omit “Primary Care Trust,” in each place it occurs.
I41621
In section 28 (default powers), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
I102122
In section 34 (power of local authorities to make payments), in subsection (1)—
a
after “payments to” insert “the National Health Service Commissioning Board, a clinical commissioning group”,
b
omit “a Strategic Health Authority,”, and
c
omit “a Primary Care Trust”.
I102223
In section 36 (directed partnership arrangements), in subsection (3)—
a
omit paragraph (a), and
b
omit paragraph (b).
I102324
1
Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows.
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”.
I102425
In section 39 (conditions of supply under section 38), in subsection (3), omit “Primary Care Trusts,”.
I102526
In section 41 (duty to provide primary medical services), omit subsection (4).
I102627
1
Section 51 (persons with whom agreements for provision of primary medical services may be made) is amended as follows.
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”.
I102728
In section 56 (primary dental services), omit subsection (4).
I102829
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”.
3
In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
I102930
In section 106 (provision about regulations under section 105), in subsection (2)—
a
omit paragraph (e), and
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,
I103031
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 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
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 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,”.
I103132
In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be prescribed, to a Primary Care Trust,”.
I41733
In section 144 (persons and bodies about which provision is made), in subsection (2) for “section 22(6)” substitute “section 206(1)”.
I103234
In section 161 (transfers of trust property), in subsection (2)(c)—
F80a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit “a Primary Care Trust,”
I103335
1
Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
2
In subsection (1)—
a
after the first “by” insert “the National Health Service Commissioning Board, a clinical commissioning group,”, and
b
omit “a Primary Care Trust,”.
3
In subsection (3)(a)—
F81a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit “a Primary Care Trust,”.
I103436
In section 181 (payment for medical examination before application for admission to hospital under the Mental Health Act), in subsection (2)(b)—
a
omit “a Primary Care Trust,”, and
b
before “NHS trust” insert “an”.
I103537
In section 197 (university clinical teaching and research), in subsection (2)(a)—
a
after “exercisable by” insert “the National Health Service Commissioning Board,”,
b
after “a” insert “clinical commissioning group,”,
c
omit “a Strategic Health Authority,”, and
d
omit “Primary Care Trust,”.
38
1
In section 206 (interpretation), in subsection (1)—
I418a
before the definition of “dental practitioner” insert—
“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006,
I418b
after the definition of “modifications” insert—
“NHS body” means—
a
a Special Health Authority,
b
an NHS trust,
c
an NHS foundation trust,
d
a Local Health Board,
e
the National Health Service Commissioning Board, and
f
a clinical commissioning group.
I1036c
omit the definition of “Primary Care Trust”, and
I1036d
omit the definition of “Strategic Health Authority”.
I4182
Until the commencement of section 34 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.
I103739
In Schedule 2 (Local Health Boards), in paragraph 9—
a
omit “Strategic Health Authorities and”,
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”.
I103840
1
Schedule 3 (NHS trusts) is amended as follows.
2
In paragraph 5(1)(f) omit “Primary Care Trust,”.
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.
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)—
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
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—
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,”.
I103941
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
b
in sub-paragraph (12)—
i
in paragraph (a) omit “or of a Strategic Health Authority”, and
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”.
I104042
1
Schedule 10 (further provision about Community Health Councils) is amended as follows.
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
b
omit paragraph (c).
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
43
I419I10411
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)—
a
in sub-paragraph (g)—
I1042i
omit paragraph (i),
I1042ii
omit paragraph (ii), and
iii
omit paragraph (iii),
I420b
after that sub-paragraph insert—
ga
the National Health Service Commissioning Board;
gb
clinical commissioning groups 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 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;
I393c
in sub-paragraph (h) after paragraph (i) insert—
ia
Special Health Boards;
I393d
after sub-paragraph (h) insert—
ha
Healthcare Improvement Scotland,
I393e
omit sub-paragraph (i), and
I1042f
before sub-paragraph (j) insert—
ia
the National Institute for Health and Care Excellence;
ib
the Health and Social Care Information Centre;
I3933
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)”.
F86SCHEDULE 22Property transfer schemes
Sch. 22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87SCHEDULE 23Staff transfer schemes
Sch. 23 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), ss. 89(1)(c), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 3 Ch. 4 substituted (1.7.2022 but only for the insertion of ss. 114C, 114D for specified purposes, 1.4.2023 in so far as not already in force) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 10 para. 3; S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30); S.I. 2023/371, reg. 2(d)