SCHEDULES
SCHEDULE 5Part 1: amendments of other enactments
Health Act 2009 (c. 21)
I1173
The Health Act 2009 is amended as follows.
174
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
I21
Section 2 (duty to have regard to NHS constitution) is amended as follows.
2
In subsection (1), for “NHS functions” substitute “health service functions”.
3
In subsection (2)—
a
omit paragraph (a),
b
omit paragraph (b), and
I3c
before paragraph (d) insert—
ca
the National Health Service Commissioning Board;
cb
clinical commissioning groups;
cc
local authorities (within the meaning of section 2B of the National Health Service Act 2006);
4
In subsection (3), for “an “NHS function”” substitute “a “health service function””.
5
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.
6
In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
176
1
Section 3 (availability and review of NHS constitution) is amended as follows.
2
In subsection (3), omit paragraph (d).
3
Omit subsection (8).
177
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.
178
In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
179
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;