SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

Health Act 2009 (c. 21)

I1I5173

The Health Act 2009 is amended as follows.

I6174

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

I2I71

Section 2 (duty to have regard to NHS constitution) is amended as follows.

I42

In subsection (1), for “NHS functions” substitute “health service functions”.

3

In subsection (2)—

I4a

omit paragraph (a),

I4b

omit paragraph (b), and

I3I7c

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);

I44

In subsection (3), for “an “NHS function”” substitute “a “health service function””.

I45

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.

I46

In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.

I8176

1

Section 3 (availability and review of NHS constitution) is amended as follows.

2

In subsection (3), omit paragraph (d).

3

Omit subsection (8).

I9177

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.

I10178

In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.

I11179

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;