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Health and Social Care Act 2012, Cross Heading: Health and Social Care Act 2008 (c. 14) is up to date with all changes known to be in force on or before 09 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/04/2013
154E+WThe Health and Social Care Act 2008 is amended as follows.
155E+WIn 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).
156E+WIn 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).
157E+WIn section 46 (reviews and investigations)—
(a)omit subsection (1),
(b)omit subsection (2), and
(c)in subsections (4) and (6)(a), for “a body's” substitute “a local authority's”.
158E+WIn 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,”, and
(b)in subsection (8) omit paragraph (a) and the word “or” immediately following it.
159E+WIn section 49 (power to extend periodic review function), in subsection (3)—
(a)omit “a Primary Care Trust,”, and
(b)omit “another English NHS provider or”.
160E+WIn 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”.
161E+WIn 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.”
162E+WIn 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)”, and
(b)omit “a Primary Care Trust”.
Prospective
F1163E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 5 para. 163 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
Prospective
F2164E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 5 para. 164 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4
165E+WIn 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,”.
166(1)Section 97 (general interpretation of Part 1) is amended as follows.E+W
(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)”, and
(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).
167E+WIn section 153 (directions to certain NHS bodies) in subsection (1)—
(a)omit paragraph (a), and
(b)omit paragraph (b).
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