SCHEDULES
SCHEDULE 5Part 1: amendments of other enactments
Health and Social Care Act 2008 (c. 14)
I1154
The Health and Social Care Act 2008 is amended as follows.
I2155
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).
I3156
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).
F1157
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I4158
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.
F2159
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I5160
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”.
I6161
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.
I7162
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”.
F3163
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F4164
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I8165
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,
I9166
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).
I10167
In section 153 (directions to certain NHS bodies) in subsection (1)—
a
omit paragraph (a), and
b
omit paragraph (b).