SCHEDULES

SCHEDULE 5Abolition of Monitor and transfer of its functions

I1I292Health and Social Care Act 2012

1

Section 150 is amended as follows.

2

In subsection (1)—

a

for the definition of “anti-competitive behaviour” substitute—

  • “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;

b

for the definitions of “health care” and “health care service” substitute—

  • “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;

c

for the definition of “the NHS” substitute—

  • “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;

3

After subsection (1) insert—

1A

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.