SCHEDULE Consequential Amendments
PART 2Amendments to Secondary Legislation
Health and Personal Social Services (Northern Ireland) Order 199123
In article 8 of the Health and Personal Social Services (Northern Ireland) Order 199127, in paragraph (2), omit sub-paragraph (ib).
Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199224
In regulation 7A of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 199228, in paragraph (2), omit sub-paragraph (ae).
Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 199225
In regulation 7A of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 199229, in paragraph (2), omit sub-paragraph (ed).
Redundancy Payments (National Health Service) (Modification) Order 199326
In Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 199330, omit paragraph 2E.
Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 199427
In regulation 1 of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 199431, in paragraph (2), in the definition of “health service body”, after paragraph (ab) insert—
ac
NHS England;
National Health Service Litigation Authority (Establishment and Constitution) Order 199528
In article 1 of the National Health Service Litigation Authority (Establishment and Constitution) Order 199532, in paragraph (2), in the definition of “NHS Body”, omit “the Health and Social Care Information Centre,”.
Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199629
In article 1 of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 199633, in paragraph (2)(b), omit paragraph (viie).
National Health Service (Liabilities to Third Parties Scheme) Regulations 199930
In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 199934, omit paragraph (ad).
National Health Service (Property Expenses Scheme) Regulations 199931
In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 199935, omit paragraph (ad).
National Health Service Central Register (Scotland) Regulations 200632
1
The National Health Service Central Register (Scotland) Regulations 200636 are amended as follows.
2
In Schedule 1, in entry 8 in the table, in column 1, for paragraph (a) substitute—
a
NHS England; or
3
In Schedule 2, in entry 3 in the table, in column 2, for “the Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012” substitute “NHS England”
.
Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 200933
In regulation 1 of the Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 200937, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 200934
In regulation 1 of the Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 200938, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 200935
In regulation 1 of the Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 200939, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Local Commissioning Groups (Membership) Regulations (Northern Ireland) 200936
In regulation 1 of the Local Commissioning Groups (Membership) Regulations (Northern Ireland) 200940, in paragraph (2)—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(ivd).
Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (English language text)37
1
The English language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200941 is amended as follows.
2
In regulation 2—
a
in the definition of “former health service body” (“cyn gorff gwasanaeth iechyd”), for “or Primary Care Trust”, substitute “, Primary Care Trust or the Health and Social Care Information Centre”
;
b
in the definition of “health service body” (“corff gwasanaeth iechyd”), omit “the Health and Social Care Information Centre,”.
Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 (Welsh language text)38
1
The Welsh language text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 200942 (Rheoliadau Byrddau Iechyd Lleol (Cyfansoddiad, Aelodaeth a Gweithdrefnau) (Cymru) 2009) is amended as follows.
2
In regulation 2—
a
in the definition of “cyn gorff gwasanaeth iechyd” (“former health service body”), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “, Ymddiriedolaeth Gofal Sylfaenol neu’r Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol”
;
b
in the definition of “corff gwasanaeth iechyd” (“health service body”), omit “y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol,”.
Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (English language text)39
1
The English language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 200943 is amended as follows.
2
In regulation 1, in paragraph (2)—
a
in the definition of “former health service body” (“cyn gorff gwasanaeth iechyd”), for “or Primary Care Trust” substitute “, Primary Care Trust or the Health and Social Care Information Centre”
;
b
in the definition of “health service body” (“corff gwasanaeth iechyd”), omit paragraph (g).
Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 (Welsh language text)40
1
The Welsh language text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 200944 (Rheoliadau Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Iechyd Cyhoeddus Cymru (Aelodaeth a Gweithdrefn) 2009) is amended as follows.
2
In regulation 1, in paragraph (2)—
a
in the definition of “cyn gorff gwasanaeth iechyd” (“former health service body”), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “, Ymddiriedolaeth Gofal Sylfaenol neu’r Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol”
;
b
in the definition of “corff gwasanaeth iechyd” (“health service body”), omit paragraph (e).
National Health Service (Quality Accounts) Regulations 201041
1
The National Health Service (Quality Accounts) Regulations 201045 are amended as follows.
2
In regulation 1, in paragraph (2)—
a
omit the definition of “Health and Social Care Information Centre”;
b
at the appropriate place insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
3
In the Schedule, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
Education (Student Support) Regulations 201142
In regulation 38 of the Education (Student Support) Regulations 201146, in paragraph (7)(e), omit paragraph (ic).
Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 201243
In regulation 2 of the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 201247—
a
in the definition of “former health service body”, after “Primary Care Trust” insert “, the Health and Social Care Information Centre”
;
b
in the definition of “health service body”, omit paragraph (a)(iid).
Human Medicines Regulations 201244
In regulation 219 of the Human Medicines Regulations 201248, in paragraph (5), in the definition of “electronic prescription service”, for “the Health and Social Care Information Centre” to the end substitute “NHS England, the body corporate established under section 1H of the National Health Service Act 2006.”
.
National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 201345
1
The National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 201349 are amended as set out in paragraphs (2) to (8).
2
In the title, for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”
.
3
In regulation 1, in paragraph (1), for “the Health and Social Care Information Centre (Functions)” substitute “NHS England (Information Functions)”
.
4
For the heading to Part 3 substitute “NHS England”
.
5
Omit regulations 24 to 30.
6
For regulation 31 substitute—
Identification of GPs31
1
NHS England must, if it considers it appropriate to do so, assign a prescribing number in respect of a general medical practitioner whose name is included in a medical performers list.
2
Before assigning a prescribing number under paragraph (1), NHS England must carry out checks to verify the identity of the practitioner.
3
The checks may include—
a
the full name of the practitioner; and
b
the reference number shown against the name of the general medical practitioner in the General Practitioner Register kept by the General Medical Council.
4
In this regulation—
“medical performers list” means a list of medical practitioners maintained by NHS England in accordance with regulations made under section 91 of the 2006 Act;
“prescribing number” means the individual number issued by NHS England in accordance with this regulation and used in connection with—
- a
prescribing by a general medical practitioner,
- b
the management and monitoring of such prescribing, and
- c
other purposes connected with the health services in England;
7
In regulation 32—
a
in the heading, omit “or Board”;
b
in paragraph (1)—
i
omit “or the Board”;
ii
for “the Information Centre” substitute “NHS England”
;
iii
for “the Centre” substitute “it”
;
iv
omit “or (as the case may be) the Board”;
c
for paragraph (2) substitute—
2
The giving of a direction under paragraph (1) may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given.
d
in paragraph (3), omit “or (as the case may be) the Board”.
8
Omit regulation 33.
9
A reference in any legislation to the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013 is to be treated as a reference to the National Institute for Health and Care Excellence (Constitution and Functions) and NHS England (Information Functions) Regulations 2013.
Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 201346
1
The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 201350 are amended as follows.
2
In regulation 8, omit the definition of “the Information Centre”.
3
In regulations 15 to 17, for “the Information Centre”, wherever occurring (including the headings), substitute “NHS England”
.
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201347
1
The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201351 are amended as follows.
2
In regulation 2, in paragraph (1)—
a
in the definition of “Electronic Prescription Service”, for “the Information Centre” substitute “NHS England”
;
b
omit the definitions of “Information Centre” and “NHS Digital directory of services”;
c
at the appropriate place insert—
“NHS England directory of services” means the directory of services, maintained by NHS England, which is accessed by NHS urgent and emergency care services if a patient is in need of urgent assistance from a health care professional or urgent access to health care advice;
d
in the definitions of “NHSmail” and “PDS patient details”, for “the Information Centre” substitute “NHS England”
.
3
In Schedule 4—
a
in paragraph 7(5), for “the Information Centre” substitute “NHS England”
;
b
in paragraph 29C(3), for “NHS Digital directory of services” substitute “NHS England directory of services”
.
4
In Schedule 5, in paragraph 6(3)(c), for “the Information Centre” substitute “NHS England”
.
5
In Schedule 6, in paragraph 4(c), for “the Information Centre” substitute “NHS England”
.
6
In Schedule 7, in paragraph 5(5), for “the Information Centre” substitute “NHS England”
.
National Health Service (Clinical Negligence Scheme) Regulations 201548
In regulation 4 of the National Health Service (Clinical Negligence Scheme) Regulations 201552, in paragraph (1), omit sub-paragraph (g).
National Health Service (Charges for Drugs and Appliances) Regulations 201549
1
The National Health Service (Charges for Drugs and Appliances) Regulations 201553 are amended as follows.
2
In regulation 2—
a
in the definitions of “Electronic Prescription Service” and “PDS patient details”, for “the Information Centre” substitute “NHS England”
;
b
omit the definition of “Information Centre”.
3
In regulation 3, in paragraph (5B)(b), for “the Information Centre” substitute “NHS England”
.
4
In regulation 4, in paragraph (3)(b)(ii), for “the Information Centre” substitute “NHS England”
.
Town and Country Planning (General Permitted Development) (England) Order 201550
In Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 201554, in Part 12A, in paragraph A.3(1), in the definition of “health service body”, omit paragraph (f).
False or Misleading Information (Specified Care Providers and Specified Information) Regulations 201551
1
The False or Misleading Information (Specified Care Providers and Specified Information) Regulations 201555 are amended as follows.
2
In regulation 1, in paragraph (2)—
a
omit the definition of “the Information Centre”;
b
at the appropriate place insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
3
In regulation 3, in paragraph (a)—
a
for “the Information Centre” substitute “NHS England”
;
b
for “the Centre’s” substitute “NHS England’s”
.
4
In the Schedule, in paragraphs 2 to 5—
a
for “the Information Centre” substitute “NHS England”
;
b
for “the Centre’s” substitute “NHS England’s”
.
National Health Service (General Medical Services Contracts) Regulations 201552
1
The National Health Service (General Medical Services Contracts) Regulations 201556 are amended as follows.
2
In regulation 3, in paragraph (1), in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”
.
3
In regulation 27A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”
.
4
In regulation 58, in paragraph (1), for “the Health and Social Care Information Centre” substitute “NHS England”
.
5
In regulation 74B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
6
In regulation 74C, in the words before the Table, for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
7
In regulation 74D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
8
In regulation 74E—
a
in the heading, for “NHS Digital” substitute “NHS England”
;
b
for “the Health and Social Care Information Centre” or “the Centre”, wherever occurring, substitute “NHS England”
.
9
In regulation 74F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”
.
10
In regulation 74H—
a
in paragraph (1), at the end insert “(the functions of the Health and Social Care Information Centre under the Directions were transferred to NHS England by the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023)”
;
b
in paragraph (3), for “the Health and Social Care Information Centre” or “the Centre” substitute “NHS England”
.
National Health Service (Personal Medical Services Agreements) Regulations 201553
1
The National Health Service (Personal Medical Services Agreements) Regulations 201557 are amended as follows.
2
In regulation 3, in the definitions of “Electronic Prescription Service” and “nominated dispenser”, for “the Health and Social Care Information Centre” substitute “NHS England”
.
3
In regulation 21A, in paragraph (3)(a), for “the Health and Social Care Information Centre” substitute “NHS England”
.
4
In regulation 51, in paragraph (1), in the opening words, for “the Health and Social Care Information Centre” substitute “NHS England”
.
5
In regulation 67B, in paragraph (3), for “the Health and Social Care Information Centre” or “NHS Digital” substitute “NHS England”
.
6
In regulation 67C, in the words before the Table, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
7
In regulation 67D, in paragraph (1), for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.
8
In regulation 67E—
a
in the heading, for “NHS Digital” substitute “NHS England”
;
b
for “the Health and Social Care Information Centre”, “the Health and Social Care Centre” or “the Centre”, wherever occurring, substitute “NHS England”.
9
In regulation 67F, in paragraph (3), in the opening words, for “NHS Digital” substitute “NHS England”
.
10
In regulation 67H—
a
in paragraph (1), at the end insert “(the functions of the Health and Social Care Information Centre under the Directions were transferred to NHS England by the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023)”
;
b
in paragraph (3), for “the Health and Social Care Information Centre” or “the Health and Social Care Centre” substitute “NHS England”
.
Education (Student Support) (Wales) Regulations 201754
In regulation 23 of the Education (Student Support) (Wales) Regulations 201758, in paragraph (7)(e)(vi), omit “or the Health and Social Care Information Centre established under section 252 of that Act”.
Trade Union (Facility Time Publication Requirements) Regulations 201755
In Schedule 1 to the Trade Union (Facility Time Publication Requirements) Regulations 201759, Part 5, omit paragraph 105.
Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201756
In Schedule 2 to the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 201760, in the list that appears below the heading “Health, social care and social security”, omit “The Health and Social Care Information Centre”.
Education (Student Support) (Wales) Regulations 201857
In regulation 44 of the Education (Student Support) (Wales) Regulations 201861, in paragraph (4), omit sub-paragraph (l).
Health Service Products (Provision and Disclosure of Information) Regulations 201858
1
The Health Service Products (Provision and Disclosure of Information) Regulations 201862 are amended as follows.
2
In regulation 5, for “NHS Digital”, “NHS digital”, “HSCIC” or “the HSCIC”, wherever occurring (including the heading), substitute “NHS England”.
3
In regulation 9, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”
.
4
In regulation 14, in paragraph (3)(b), for “NHS Digital” substitute “NHS England”
.
5
In regulation 23, in paragraph (4)(b), for “NHS Digital” substitute “NHS England”
.
6
In regulation 26, in paragraph (5)(b), for “NHS Digital” substitute “NHS England”
.
7
In Schedule 1, in paragraph 1(1)—
a
at the appropriate places insert—
“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;
“NHS England online gateway” in relation to information required to be provided to the Secretary of State by, or under, these Regulations, means a service provided on NHS England’s website for the provision of that information;
b
omit the definitions of “HSCIC” and “NHS Digital online gateway”.
National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 201859
In regulation 4 of the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 201863, in paragraph (1), omit sub-paragraph (f).
National Health Service (Property Expenses Scheme) (England) Regulations 201860
1
The National Health Service (Property Expenses Scheme) (England) Regulations 201864 are amended as follows.
2
In regulation 4, in paragraph (1), omit sub-paragraph (f).
3
After regulation 18 insert—
Provision that is consequential on the transfer of functions from the Health and Social Care Information Centre to NHS England19
An expense of the Health and Social Care Information Centre which—
a
arose before the day on which regulation 1 of the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 comes into force, and
b
is an expense of the kind which may be claimed by a member under the Scheme,
may be claimed on or after that date by NHS England.
Scottish Parliament (Disqualification) Order 202061
In the Schedule to the Scottish Parliament (Disqualification) Order 202065, Part 1, in the list of entries, omit “Any member of the Health and Social Care Information Centre.”.
National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 202162
In Schedule 9 to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 202166, in paragraph 2, in the Table, for “Health and Social Care Information Centre” substitute “NHS England”
.
National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 202263
In regulation 2 of the National Health Service (Joint Working and Delegation Arrangements) (England) Regulations 202267—
a
omit the “and” at the end of paragraph (a);
b
after paragraph (b) insert—
; and
c
the definition of “relevant data functions” in section 253(3) (general duties) of the Health and Social Care Act 2012.
Gender Recognition (Disclosure of Information) (England) Order 202264
In the Schedule to the Gender Recognition (Disclosure of Information) (England) Order 202268, for “the Health and Social Care Information Centre”, wherever occurring, substitute “NHS England”
.