Health and Care Act 2022
The National Health Service Commissioning Board is renamed NHS England.
Schedule 1 contains consequential amendments.
Section 3B of the National Health Service Act 2006 (Secretary of State’s power to require commissioning of services) is amended as follows.
For subsection (2) substitute—
In subsection (3), omit paragraph (d).
After subsection (4) insert—
The National Health Service Act 2006 is amended as follows.
After section 12E insert—
In section 13U (annual report), after subsection (2A) (inserted by section 34 of this Act) insert—
The National Health Service Act 2006 is amended as follows.
In section 13A (mandate)—
in subsection (1), omit “Before the start of each financial year,”;
in subsection (2), in paragraph (a), omit from “during that financial year” to the end of that paragraph (but not the final “and”);
omit subsections (3) and (4);
in subsection (5), omit “in relation to the first financial year to which the mandate relates”;
after subsection (6) insert—
In section 13B (the mandate: supplementary provision)—
for the heading substitute “Review of NHS England’s performance in implementing the mandate”;
omit subsections (2) to (5).
In section 13T (business plan)—
in subsection (3), omit “for the first financial year to which the plan relates”;
after subsection (3) insert—
In section 13U (annual report), in subsection (2), for paragraph (a) substitute—.
Section 13A of the National Health Service Act 2006 (mandate) is amended in accordance with subsection (2).
After subsection (2), insert the following new subsection—
In section 13G of the National Health Service Act 2006 (NHS England’s duties in relation to the reduction of inequalities)—
in paragraph (a), for “patients” substitute “persons”;
in paragraph (b), after “services” insert “(including the outcomes described in section 13E(3))”.
The National Health Service Act 2006 is amended as follows.
In section 13L (duty in respect of research), after “functions,” insert “facilitate or otherwise”.
In section 13T (business plan), in subsection (2)(a), after “13G” insert “, 13L”.
section 13L;
After section 13N of the National Health Service Act 2006 insert—
After section 13NB of the National Health Service Act 2006 (inserted by section 8 of this Act) insert—
In section 13Q of the National Health Service Act 2006 (public involvement and consultation), in subsection (2), after “individuals to whom the services are being or may be provided” insert “, and their carers and representatives (if any),”.
The National Health Service Act 2006 is amended as follows.
After section 13S insert—
The annual report must, in particular, review the extent to which the NHS trust has exercised its functions consistently with NHS England’s views set out in the latest statement published under section 13SA(1) (views about how functions relating to inequalities information should be exercised).
The reports must, in particular, review the extent to which the public benefit corporation has exercised its functions consistently with NHS England’s views set out in the latest statement published under section 13SA(1) (views about how functions relating to inequalities information should be exercised).
After section 13Y of the National Health Service Act 2006 insert—
The National Health Service Act 2006 is amended as follows.
After section 13YA (inserted by section 12 of this Act) insert—
In section 73 (directions and regulations under Part 2), in subsection (1), after paragraph (b) insert—.
Before section 66 of the National Health Service Act 2006 (and the italic heading before it) insert—
The National Health Service Act 2006 is amended as follows.
In section 223B (funding of NHS England)—
for subsection (6) substitute—;
in subsection (7)—
for “subsection (6)” substitute “subsection (6)(a)”;
in paragraph (b), for “mandate” substitute “direction”;
after subsection (7) insert—
In section 223GA (expenditure on integration)—
for subsections (1) and (2) substitute—;
in subsection (6), for paragraph (a) (but not the “and” at the end) substitute—;
omit subsection (7).
In section 223K of the National Health Service Act 2006, omit subsections (4) and (5) (power of Secretary of State to make regulations about payments by NHS England in respect of quality).
The National Health Service Act 2006 is amended as follows.
In section 272 (orders, regulations, rules and directions), in subsection (6)—
omit the “or” at the end of paragraph (b);
after paragraph (c) insert—.
In Schedule A1 (constitution of NHS England), after paragraph 9 insert—
For section 1I of the National Health Service Act 2006 and the italic heading before it substitute—
The National Health Service Act 2006 is amended as follows.
In Part 2, after Chapter A2 insert—
In section 272 (orders, regulations, rules and directions), in subsection (1), before paragraph (a) insert—.
Schedule 2 inserts into the National Health Service Act 2006 a new Schedule 1B (integrated care boards: constitution etc) and contains a consequential amendment.
The National Health Service Act 2006 is amended as follows.
After section 14Z30 (inserted by section 19 of this Act) insert—
In section 272 (orders, regulations, rules and directions)—
in subsection (1), after paragraph (za) (inserted by section 19 of this Act) insert—;
in subsection (6), after paragraph (zb) insert—.
The Secretary of State may by regulations—
substitute the following section for section 14Z31 of the National Health Service Act 2006 (as inserted by subsection (2) of this section)—,
repeal section 272(1)(zb) of that Act (as inserted by subsection (3) of this section), and
amend section 272(6)(zba) of that Act (as inserted by subsection (3) of this section), so as to substitute “14Z31(2)” for “14Z31(3)”.
For sections 3 and 3A of the National Health Service Act 2006 substitute—
Schedule 3 confers functions on integrated care boards in relation to primary care services and contains other amendments relating to primary care services.
NHS England may, in connection with the amendments made by Schedule 3, make one or more schemes for the transfer of its property, rights and liabilities to an integrated care board.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE regulations;
make other consequential, supplementary, incidental or transitional provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
For the purposes of this section—
references to rights and liabilities include rights and liabilities relating to a contract of employment;
references to the transfer of property include the grant of a lease.
In section 12ZA of the National Health Service Act 2006 (commissioning arrangements by NHS England and integrated care boards), after subsection (2) insert—
The National Health Service Act 2006 is amended as follows.
After section 14Z31 (inserted by section 20 of this Act) insert—
In section 48 (power to obtain information from NHS foundation trust)—
after subsection (1) insert—;
for subsection (2) substitute—
In Schedule 4 (NHS trusts: constitution etc), in paragraph 13—
the existing provision becomes sub-paragraph (1);
An integrated care board may require any of its partner NHS trusts to provide it with any information that it requires. Information required under sub-paragraph (2) must be provided in such form, and at such time or within such period, as may be specified by the integrated care board.
The Local Government and Public Involvement in Health Act 2007 is amended in accordance with subsections (2) to (6).
In section 104 (interpretation: partner authorities), in subsection (2), for paragraph (ja) substitute—.
In section 116 (health and social care: joint strategic needs assessments)—
in subsection (4), for paragraph (b) substitute—;
after subsection (5) insert—;
in subsections (6) and (7), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”;
in subsection (8), for “clinical commissioning groups” substitute “integrated care boards”;
in subsections (8A) and (9), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
After section 116 insert—
In section 116A (health and social care: joint health and wellbeing strategies)—
in the heading, after “joint” insert “local”;
for subsections (1) and (2) substitute—;
in subsection (3)—
for “clinical commissioning groups” substitute “integrated care boards”;
after “the extent to which the” insert “assessed”;
in subsection (4)—
for “clinical commissioning groups” substitute “integrated care boards”;
before paragraph (a) insert—;
in subsections (5) and (7), for “clinical commissioning groups” substitute “integrated care boards”;
in subsection (8), for paragraph (a) (including the “and” at the end) substitute—.
For section 116B substitute—
In the following provisions after “joint” insert “local”—
section 17(6)(g) and (h) of the National Health Service (Wales) Act 2006;
sections 26(7) and 27(4) of the Children and Families Act 2014.
For sections 223C to 223E of the National Health Service Act 2006 substitute—
In section 223C of the National Health Service Act 2006 (as substituted by section 27 of this Act), in subsection (1), after paragraph (b) insert—
The National Health Service Act 2006 is amended as follows.
For the italic heading before section 223G substitute—.
After section 223GA insert—
Omit sections 223H to 223J (financial duties of clinical commissioning groups).
After section 223K insert—
The National Health Service Act 2006 is amended as follows.
Omit section 223GC (inserted by section 29 of this Act).
After section 223L (inserted by section 29 of this Act) insert—
Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows.
After section 46A (inserted by section 163 of this Act) insert—
In section 48 (special reviews and investigations), in subsection (2), after “46A” (inserted by section 163 of this Act) insert “or 46B”.
In section 50 (failings by English local authorities), in subsection (1), after “46A” (inserted by section 163 of this Act) insert “or 46B”.
In section 162 (orders and regulations: parliamentary control), in subsection (3), after paragraph (c) insert—.
Schedule 4 contains minor and consequential amendments.
Monitor is abolished.
Schedule 5 contains amendments to transfer Monitor’s functions to NHS England and related amendments.
The National Heath Service Act 2006 is amended as follows.
After section 13SA (inserted by section 11 of this Act) insert—
In section 13U (annual report), after subsection (2) insert—
In section 275 (interpretation), in subsection (1), at the appropriate place insert—.
Section 100 of the Health and Social Care Act 2012 (modification of standard conditions) is amended as follows.
After subsection (1) insert—
In subsection (2), for “such modifications” substitute “modifications under subsection (1)”.
In subsection (4), after paragraph (b) insert—.
The Special Health Authority called the National Health Service Trust Development Authority is abolished.
The following are revoked—
the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 (S.I. 2012/901);
the National Health Service Trust Development Authority Regulations 2012 (S.I. 2012/922);
the National Health Service Trust Development Authority (Directions and Miscellaneous Amendments etc.) Regulations 2016 (S.I. 2016/214).
In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (d).
In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), omit paragraph (e) of the definition of “NHS body in England”.
In section 1H of the National Health Service Act 2006 (NHS England and its general functions), in subsection (3)(b), before “so as to secure” insert “, NHS trusts established under section 25 and NHS foundation trusts”.
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities from Monitor or the National Health Service Trust Development Authority to NHS England.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision which is the same as or similar to the TUPE regulations;
make other consequential, supplementary, incidental or transitional provision.
In subsection (3)(e), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
In this section references to rights and liabilities include rights and liabilities relating to a contract of employment.
The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—
anything transferred under a scheme under section 38, or
anything done for the purposes of, or in relation to, a transfer under such a scheme.
The provision which may be made under subsection (1)(a) includes in particular provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything transferred;
anything transferred to be treated in a specified way for the purposes of a tax provision;
the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
The provision which may be made under subsection (1)(b) includes in particular provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;
anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;
the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
Regulations under this section are subject to annulment in pursuance of a resolution of the House of Commons.
In this section—
“relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;
“the HSSIB” has the meaning given by section 109(2);
The enactments listed in sub-paragraph (2) are amended in accordance with the table. For the following expression wherever it occurs in those enactments (unless the expression is replaced or removed by an amendment elsewhere in this Act) substitute “The National Health Service Commissioning Board” “NHS England” “the National Health Service Commissioning Board” “NHS England” “the National Health Service Commissioning Board (“the Board”)” “NHS England” “The Board” “NHS England” “the Board” “NHS England” “The Board’s” “NHS England’s” The enactments are— the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, Schedule 2; the Public Records Act 1958, Part 1 of the Table at the end of paragraph 3 of Schedule 1; the Public Bodies (Admission to Meetings) Act 1960, the Schedule; the Leasehold Reform Act 1967, section 28; the Parliamentary Commissioner Act 1967, Schedule 3; the Health Services and Public Health Act 1968, sections 63(1) and (2) and 64; the Employers’ Liability (Compulsory Insurance) Act 1969, section 3; the Local Authority Social Services Act 1970, Schedule 1; the Local Government Act 1972, section 113; the Health and Safety at Work etc. Act 1974, section 60; the National Health Service (Scotland) Act 1978, section 17A; the Acquisition of Land Act 1981, sections 16 and 17; the Mental Health Act 1983, sections 12ZB, 12ZC, 39, 117, 134 and 139; the Disabled Persons (Services, Consultation and Representation) Act 1986, sections 2 and 7; the Copyright, Designs and Patents Act 1988, section 48; the Children Act 1989, sections 21, 24, 24C, 27, 29, 47, 80, 85 and 105; the London Local Authorities Act 1991 (c xiii), section 4; the Health Service Commissioners Act 1993, sections 2 and 2A; the Value Added Tax Act 1994, section 41 and Schedule 8; the Education Act 1996, section 322; the Employment Rights Act 1996, sections 43K, 49B, 50 and 218; the Housing Grants, Construction and Regeneration Act 1996, section 3; the Crime and Disorder Act 1998, section 115; the Greater London Authority Act 1999, section 309E; the Health Act 1999, section 61; the Freedom of Information Act 2000, Schedule 1; the Local Government Act 2000, section 9FF; the Adoption and Children Act 2002, section 8; the International Development Act 2002, Schedule 1; the Nationality, Immigration and Asylum Act 2002, section 133; the Criminal Justice Act 2003, section 325; the Finance Act 2003, section 67A; the Health and Social Care (Community Health and Standards) Act 2003, sections 148 and 165; the Children Act 2004, sections 10 and 11; the Civil Contingencies Act 2004, Schedule 1; the Domestic Violence, Crime and Victims Act 2004, section 9; the Armed Forces Act 2006, section 343AA (as inserted by section 8(3) of the Armed Forces Act 2021); the Childcare Act 2006, section 4; the Emergency Workers (Obstruction) Act 2006, section 1; the National Health Service Act 2006, except section 275; the National Health Service (Wales) Act 2006, sections 7, 13, 17, 26, 28, 34, 106, 115, 162, 197, 206 and Schedule 5; the NHS Redress Act 2006, section 1; the Safeguarding Vulnerable Groups Act 2006, section 6; the Corporate Manslaughter and Corporate Homicide Act 2007, section 6; the Local Government and Public Involvement in Health Act 2007, sections 104, 116, 222, 224 and 227; the Statistics and Registration Service Act 2007, section 42(4A); the Health and Social Care Act 2008, sections 20A, 30, 39, 45A, 48, 54, 59, 64, 80, 81 and 97; the Autism Act 2009, section 4; the Health Act 2009, sections 2, 8 and 36; the Charities Act 2011, section 149; the Health and Social Care Act 2012, sections 83, 84, 102, 130, 197, 234, 236, 237, 239, 241, 249, 250(4) and (7), 253, 254, 255, 260, 263, 265, 268, 274, 295, 296, 298 and Schedule 12; the Care Act 2014, sections 6, 22 and 101 and Schedule 1; the Children and Families Act 2014, sections 26, 28, 31, 53, 56, 57 and 77; the Immigration Act 2014, Schedule 3; the Local Audit and Accountability Act 2014, section 13 and Schedules 7 and 11; the Cities and Local Government Devolution Act 2016, section 18; the Data Protection Act 2018, Schedule 3; the Mental Health Units (Use of Force) Act 2018, section 9. In any other enactment (apart from this Act) passed before the day on which section 1 comes into force, and in any instrument or other document made before that day, any reference to the National Health Service Commissioning Board is to be read, in relation to any time on or after that day, as a reference to NHS England. In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
In section 279(1) of the Trade Union and Labour Relations (Consolidation) Act 1992—
in paragraph (a), for “the National Health Service Commissioning Board” substitute “NHS England”;
in the words after paragraph (b), for “board” substitute “body”.
In section 986 of the Corporation Tax Act 2010, in the table, for “National Health Service Commissioning Board” substitute “NHS England”.
Schedule 3 (consents) is amended as follows. In paragraph 1— In paragraph 3, in sub-paragraph (1), after “gives” insert “or renews”. After paragraph 11 insert—
In section 1E of the National Health Service Act 2006 (duty as to research), after “must” insert “facilitate or otherwise”.
After section 1G of the National Health Service Act 2006 (but before the italic heading after it) insert—
For section 7A of the National Health Service Act 2006 substitute—
The National Health Service Act 2006 is amended as follows.
After section 7A (inserted by section 42 of this Act) insert—
In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (a) insert—.
The National Health Service Act 2006 is amended as follows.
After section 7B (inserted by section 43 of this Act) insert—
In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (aa) (inserted by section 43 of this Act) insert—.
In section 272 (orders, regulations, rules and directions)—
in subsection (4), after “subsections” insert “(4A),”, and
after that subsection insert—
The National Health Service Act 2006 is amended as follows.
Before section 13Z1 (and the italic heading before it) insert—
Omit section 13Z2 (failure to discharge functions) and the italic heading before it.
In Schedule A1 (constitution of NHS England), omit paragraph 14 and the italic heading before it.
After section 68 of the National Health Service Act 2006 insert—
Schedule 6 inserts into the National Health Service Act 2006 a new Schedule 10A to that Act (intervention powers in relation to the reconfiguration of NHS services).
The Secretary of State must carry out a review into the risk of slavery and human trafficking taking place in relation to people involved in NHS supply chains.
The Secretary of State may determine which NHS supply chains to consider as part of the review or otherwise limit the scope of the review.
But the review must at least consider a significant proportion of NHS supply chains for cotton-based products in relation to which companies formed under section 223 of the National Health Service Act 2006 (taken as a whole) exercise functions.
The Secretary of State must publish and lay before Parliament a report on the outcome of the review before the end of the period of 18 months beginning with the day on which this section comes into force.
The report must describe—
the scope of the review, and
the methodology used in carrying out the review.
The report must include any views of the Secretary of State as to steps that should be taken to mitigate the risk mentioned in subsection (1).
NHS England must assist in the carrying out of the review or the preparation of the report under this section, if requested to do so by the Secretary of State.
In this section—
In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
in the first column (headed “capacity”), for “, a clinical commissioning group,” substitute “, an integrated care board,”;
in the second column (headed “paying authority”), for “, clinical commissioning group,” substitute “, integrated care board,”.
Section 28 of the Leasehold Reform Act 1967 (land required for public purposes) is amended as follows. In subsection (5)(d), for “, any clinical commissioning group,” substitute “, any integrated care board,”. In subsection (6)(c), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
Section 70 of the Housing (Wales) Act 2014 (priority need for accommodation) is amended as follows. In subsection (2)— In subsection (3)—
In Schedule 3 to the Data Protection Act 2018 (social work data), in paragraph 8(2), for paragraph (d) substitute—.
each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area,
In Schedule 4 (case reviews: supplementary provision), in paragraph 5(2)(a), for sub-paragraph (iii) substitute—.
Health Education England,
In section 33D of the Value Added Tax Act 1994 (descriptions of charities qualifying for VAT refunds), in subsection (4), before paragraph (a) insert—.
In section 216 of the Finance Act 2012 (health service bodies), omit subsections (5) and (6).
Schedule 1 to the NHS (Charitable Trusts Etc) Act 2016 is amended as follows. In paragraph 4(b), omit paragraph (ii) (including the “and” at the end). Omit paragraph 14. In paragraph 18, omit paragraphs (f) and (h). Omit paragraph 19.
In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (t) insert—
The Criminal Procedure (Scotland) Act 1995 is amended as follows.
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36A insert—
In section 19A (samples etc. from persons convicted of sexual or violent offences), in the definition of “relevant violent offence” in subsection (6), in paragraph (h)—
omit the “and” at the end of sub-paragraph (iv);
after sub-paragraph (v) insert—
In section 271BZA (child witnesses in certain solemn cases: special measures), in subsection (2), after paragraph (f) insert—.
“relevant body” means—
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in Part 1 of the Table at the end of paragraph 3—
for “, clinical commissioning groups,” substitute “, integrated care boards,”;
for “, a clinical commissioning group”, in both places it occurs, substitute “, an integrated care board”;
for “paragraph 20 of Schedule 1A” substitute “paragraph 23 of Schedule 1B”.
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8(1) and (2), for “a clinical commissioning group” substitute “an integrated care board”.
In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6), for “, a clinical commissioning group established under section 14D of the National Health Service Act 2006,” substitute “, an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.
In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for “a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)” substitute “an integrated care board under the National Health Service Act 2006”.
The Children Act 2004 is amended as follows.
Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty: authorisation of arrangements enabling care and treatment) is amended as follows. In paragraph 3— In paragraph 6(1)(d)— In paragraph 11, for sub-paragraph (b) substitute—. In paragraph 14(1), for paragraph (b) substitute—.
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers), in subsection (5)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.
In section 66 of the Finance Act 2015 (VAT refunds to certain charities), omit subsection (6).
The HSSIB, or an individual connected with the HSSB, may disclose protected material to an individual connected with the HSSIB if— reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function. In this paragraph “authorised person” means an individual connected with the HSSIB who is authorised by the HSSIB for the purposes of this paragraph.
A person may apply to the High Court for an order that any protected material be disclosed by the HSSIB to the person for the purposes specified in the application. Those purposes may include onward disclosure by the person making the application to a person specified in the application. The HSSIB may make representations to the High Court about any application under this paragraph. The High Court may make an order on an application under this paragraph only if it determines that the interests of justice served by the disclosure outweigh—
The Health Services Safety Investigations Body.
The Employment Rights Act 1996 is amended as follows. In section 49B(7) (regulations prohibiting discrimination because of protected disclosure) after paragraph (g) insert—. In section 50(8) (right to time off for public duties) after paragraph (ad) insert—. In section 218(10) (change of employer) after paragraph (cd) insert—
In section 2(2) of the Health Act 2009 (duty to have regard to NHS Constitution) after paragraph (h) insert—
In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (qualifying offences for the purposes of Part 6 of that Order), in paragraph (2)—
the second sub-paragraph (t) (inserted by the Space Industry Act 2018) becomes sub-paragraph (u);
after that sub-paragraph insert—
This paragraph applies if the person storing gametes or an embyro under a pre-commencement gamete or embryo storage licence— The person may give a notice to each person whose consent to the storage is required under Schedule 3 to the 1990 Act specifying a date on which the gametes are or embryo is to be regarded as having been first placed in storage. Where notice is given under sub-paragraph (2), the gametes are or embryo is to be regarded, for all purposes of the 1990 Act and this Part of this Schedule, as having been first placed in storage on the date specified in the notice.
This paragraph applies in relation to the storage of gametes or an embryo under a pre-commencement gamete or embryo storage licence where, immediately before the commencement day, there is no effective consent to the storage by a relevant person. The person keeping the gametes or embryo in storage must request the relevant person to give consent to the storage under Schedule 3 to the 1990 Act. A request under sub-paragraph (2) must be given before 1 July 2023 in writing. The storage of the gametes or embryo at any time before the end of the transitional period is not unlawful merely because there is no effective consent to the storage by the relevant person. In this paragraph—
In section 10 (co-operation to improve wellbeing), in subsection (4)(db), for “clinical commissioning group” substitute “integrated care board”.
The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person not connected with the HSSIB if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function.
In section 11 (arrangements to safeguard and promote welfare), in subsection (1), for paragraph (bb) substitute—.
In section 16E (local arrangements for safeguarding and promoting welfare of children), in subsection (3), in paragraph (b) of the definition of “safeguarding partner” for “a clinical commissioning group” substitute “an integrated care board”.
In section 16J (combining safeguarding partner areas and delegating functions), for subsection (4) substitute—
In section 16P (combining child death review partner areas and delegating functions), for subsection (4) substitute—
In section 16Q (guidance and interpretation), in subsection (2)(b), for “clinical commissioning group” substitute “integrated care board”.
In the Health and Social Care Act 2012, omit section 179 (abolition of NHS trusts in England).
In Schedule 4 to the National Health Service Act 2006, omit paragraph 10 (power to appoint trustees for an NHS trust) and the italic heading before it.
Schedule 7 contains amendments that are consequential on sections 48 and 49.
In the National Health Service (Licence Exemptions, etc) Regulations 2013 (S.I. 2013/2677), omit regulation 4 (which exempts NHS trusts in England from the requirement to hold a licence).
After section 87 of the Health and Social Care Act 2012 insert—
After section 26 of the National Health Service Act 2006 insert—
After section 26A of the National Health Service Act 2006 (inserted by section 52 of this Act) insert—
The National Health Service Act 2006 is amended as follows.
After section 27 insert—
In Schedule 4—
in paragraph 12 (reports etc), in sub-paragraph (1), for “the Secretary of State”, in both places it occurs, substitute “NHS England”;
in paragraph 13 (provision of information by NHS trusts), in sub-paragraph (1) (as created by section 25(4) of this Act)—
after “the Secretary of State” insert “or NHS England”;
for “he” substitute “the Secretary of State or NHS England”.
The National Health Service Act 2006 is amended as follows.
After section 27A (inserted by section 54 of this Act) insert—
In section 73 (directions and regulations under Parts 1 and 2), in subsection (1), after paragraph (ba) (inserted by section 13 of this Act) insert—.
In Schedule 4—
in paragraph 20 (additional income), in sub-paragraph (2)—
omit the “and” at the end of paragraph (a);
at the end of paragraph (b) insert , and;
in paragraph 25 (staff), in sub-paragraph (3), at the end insert “and any directions given by NHS England under section 27B”.
After section 27B of the National Health Service Act 2006 (inserted by section 55 of this Act) insert—
After section 27C of the National Health Service Act 2006 (inserted by section 56 of this Act) insert—
The National Health Service Act 2006 is amended as follows.
In section 33 (application by NHS trusts to become NHS foundation trusts), in subsection (1), omit “, if the application is supported by the Secretary of State”.
In section 35 (authorisation of NHS foundation trusts), in subsection (1), after “if” insert “the Secretary of State approves the authorisation and”.
In section 57 (supplementary provision in connection with mergers and acquisitions with NHS foundation trusts), in subsection (5), after “Secretary of State” insert “or NHS England”.
In Schedule 4—
in paragraph 28 (power to dissolve NHS trusts)—
in sub-paragraph (1), after “Secretary of State” insert “or NHS England”;
An order under this paragraph may be made by NHS England only with the approval of the Secretary of State.
in sub-paragraphs (2)(b) and (3), after “the Secretary of State” insert “or NHS England”;
If an NHS trust is dissolved under paragraph 28, the Secretary of State or NHS England may by order transfer, or provide for the transfer of, the property and liabilities of the NHS trust to the Secretary of State or an NHS body; and such an order may include provisions corresponding to those of paragraph 9.
in paragraph 30 (transfers: pensions etc), in sub-paragraph (1), after “he” insert “or NHS England”.
In paragraph 3(1)(a) of Schedule 4 to the National Health Service Act 2006 (appointment of chair of board of directors of NHS trust), for “the Secretary of State” substitute “NHS England”.
NHS England may set financial objectives for NHS trusts. An NHS trust must achieve any financial objectives set under sub-paragraph (2). Financial objectives under sub-paragraph (2) may apply to NHS trusts generally, or to a particular NHS trust or NHS trusts of a particular description.
In section 88 of the Health and Social Care Act 2012 (application and grant of licenses: NHS foundation trusts), for subsection (1) substitute—
The National Health Service Act 2006 is amended as follows.
After section 42A insert—
In section 64 (orders and regulations under Chapter 5), in subsection (1), after “regulations” insert “, other than the power to make an order under section 42B,”.
In the National Health Service Act 2006—
in section 43, omit subsections (3B) and (3C) (requirements relating to content etc of forward plan for NHS foundation trusts);
in paragraph 27 of Schedule 7, omit sub-paragraphs (2) and (3) (which require the forward plan to be prepared by the directors etc).
In the Health and Social Care Act 2012—
omit section 155 (accounts: transfer of functions relating to accounts from the regulator to the Secretary of State);
in section 156 omit—
subsection (3) (power to provide for content of annual reports to be prescribed by regulations rather than determined by the regulator);
subsection (4) (duty to give forward plan to Secretary of State, rather than to the regulator).
After section 47 of the National Health Service Act 2006 insert—
The National Health Service Act 2006 is amended as follows.
In section 56 (mergers)—
in subsection (2), omit paragraph (a);
for subsection (4) substitute—
In section 56A (acquisitions)—
in subsection (3), omit paragraph (a) and the “and” at the end;
for subsection (4) substitute—
In section 56B (separations), for subsection (4) substitute—
In section 57A of the National Health Service Act 2006 (dissolution)—
in subsection (3), omit paragraph (a) and the “and” at the end;
in subsection (4), for paragraph (b) substitute—;
after subsection (4) insert—
In the National Health Service Act 2006, after section 63 insert—
After section 63A of the National Health Service Act 2006 (inserted by section 67 of this Act) insert—
After section 69 of the National Health Service Act 2006 insert—
Schedule 8 contains amendments to Chapter 5A of the National Health Service Act 2006 (which transfer functions to NHS England in relation to trust special administrators).
The National Health Service Act 2006 is amended as follows.
After section 65Z4 (inserted by section 14 of this Act) insert—
In section 75(7B)—
at the end of paragraph (a) insert “or”;
for paragraphs (b) and (c) substitute—
In consequence of subsection (2), omit sections 13Z to 13ZB and the italic heading before those sections.
After section 275 of the National Health Service Act 2006 insert—
Schedule 9 contains—
amendments that are consequential on this section and other provisions of this Part, and
other related amendments.
In the National Health Service Act 2006 omit—
section 1D (Secretary of State’s duty to promote autonomy);
section 13F (NHS Commissioning Board’s duty to promote autonomy).
In consequence of subsection (1), in the Health and Social Care Act 2012, omit section 5.
After section 13U of the National Health Service Act 2006 insert—
The National Health Service Act 2006 is amended in accordance with subsections (2) and (3).
In section 72 (co-operation between NHS bodies)—
after subsection (1) insert—;
after subsection (4) insert—
In section 82 (co-operation between NHS bodies and local authorities)—
the existing words become subsection (1);
after that subsection insert—
In the Health and Social Care Act 2012, in section 96 (limits on functions to set or modify licence conditions)—
in subsection (2), for paragraph (g) substitute—;
in subsection (3), in the words before paragraph (a), for “(f) and (g)” substitute “and (f)”.
In section 96 of the Health and Social Care Act 2012 (limits on functions to set or modify licence conditions)—
in subsection (2), after paragraph (d) insert—;
after subsection (2) insert—
Schedule 10—
replaces the national tariff with the NHS payment scheme, and
makes provision relating to the NHS payment scheme.
The National Health Service Act 2006 is amended as follows.
In section 6E (standing rules)—
in subsection (1)—
for “may” substitute “must”;
for “or” substitute “and”;
after subsection (1) insert—;
omit subsection (2)(c).
After section 6E insert—
section 6E(1A) and (1B); section 13E; section 13G; section 13I; section 13Q.
Schedule 11 inserts into the National Health Service Act 2006 a new Schedule 1ZA (undertakings by integrated care boards).
After section 12ZA of the National Health Service Act 2006 insert—
In the National Health Service Act 2006—
in section 12E (Secretary of State’s duty as respects variation in provision of health services), for subsection (2) substitute—;
in section 272 (orders, regulations, rules and directions), in subsection (6), after paragraph (zzd), insert—.
Omit sections 75 to 78 of, and Schedule 9 to, the Health and Social Care Act 2012 (regulations etc relating to procurement, patient choice and competition).
In section 40 of the Small Business, Enterprise and Employment Act 2015 (investigation of procurement functions), in subsection (7), omit paragraph (b) and the “or” before it.
The National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013 (S.I. 2013/500) are revoked.
The National Health Service Act 2006 is amended as follows.
After section 12ZB (inserted by section 79) insert—
In section 272 (orders, regulations, rules and directions), in subsection (6), after paragraph (zze) (inserted by section 80), insert—.
After section 13SB of the National Health Service Act 2006 (inserted by section 34(2) of this Act) insert—
In the Health and Social Care Act 2012, omit section 80 (co-operation between monitor and CMA).
After section 72 of the National Health Service Act 2006 insert—
Omit section 79 of the Health and Social Care Act 2012 (competition: mergers involving NHS foundation trusts).
Omit sections 72 and 73 of the Health and Social Care Act 2012 (Monitor and CMA: concurrent functions).
Schedule 12 contains consequential amendments.
The Health and Social Care Act 2012 is amended as follows.
In section 95 (licensing: special conditions), in subsection (1)—
in paragraph (a), omit “with the consent of the applicant,”;
in paragraph (b), omit “with the consent of the licence holder,”.
In section 100 (modification of standard conditions)—
omit subsections (6) to (9);
in subsection (11) omit “and section 101”.
Omit section 101 (modification references to the CMA).
In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—
in paragraph (a), for “the powers conferred on Monitor by sections 100, 101(7) and paragraph 7(2) of Schedule 10” substitute “the power conferred on NHS England by section 100”;
omit paragraph (b) but not the “and” at the end.
In section 141 (levy on providers: consultation), in subsection (8), omit “and section 142”.
Omit section 142 (levy on providers: responses to consultation).
In section 304 (regulations, orders and directions), in subsection (5), omit paragraphs (d) and (j).
Omit Schedule 10 (references by Monitor to the CMA).
In the National Health Service Act 2006—
omit section 28A (three year limit for special health authorities);
in section 272(6), omit paragraph (zc).
In the NHS Counter Fraud (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017 (S.I. 2017/958)—
in article 2, omit the definition of “the abolition date”;
omit Part 4 (including Schedule 3) (abolition of the authority).
In consequence of subsection (1), in the Health and Social Care Act 2012, omit section 48.
After section 29 of the National Health Service Act 2006 insert—
In Schedule 4 to that Act (NHS trusts), after paragraph 11 insert—
In consequence of subsections (1) and (2)—
in section 6(3)(b) of the National Audit Act 1983, omit “Schedule 15 to the National Health Service Act 2006 or”;
in the National Health Service Act 2006, omit—
section 232 and the italic heading before it;
section 277(3)(n);
Schedule 15;
in section 57(2A) of the Local Electoral Administration and Registration Services (Scotland) Act 2006, omit “(apart from in Schedule 15)”.
In section 275(1) of the National Health Service Act 2006 (interpretation), at the appropriate place insert—.
In the Health and Social Care Act 2012, omit—
sections 300 and 301;
section 308(3)(i);
Schedules 22 and 23.
For section 302 of that Act substitute—
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in Part 1 of the Table at the end of paragraph 3, omit “or section 300 of the Health and Social Care Act 2012”.
The committees of Health Education England called Local Education and Training Boards are abolished.
In consequence, the Care Act 2014 is amended as follows.
In section 100 (objectives, priorities and outcomes), in subsection (4)—
after paragraph (a), insert “and”;
omit paragraph (c) and the “and” before it.
Omit sections 103 to 107 and the italic heading before them (local functions).
In section 108 (tariffs), in subsection (9), omit “an LETB or”.
appointment criteria commissioner of health services LETB
In Schedule 5 (Health Education England)—
in paragraph 9, in sub-paragraph (3), omit “(including a committee which HEE is required to appoint under section 103(1) (LETBs))”;
in paragraph 13—
in sub-paragraph (2), omit “(but see sub-paragraph (5))”;
omit sub-paragraph (5);
in paragraph 26, in sub-paragraph (2)—
omit paragraph (a);
in paragraph (b), omit “other”;
in paragraph 27, in sub-paragraph (2)—
omit paragraph (a) and the “and” at the end;
in paragraph (b), omit “other”.
Omit Schedule 6 (local education and training boards).
In the Care Act 2014—
for section 74 substitute—;
omit Schedule 3 (assessment notices etc in relation to the discharge of hospital patients with care and support needs).
The Community Care (Delayed Discharges etc) Act 2003 is repealed.
In consequence of subsection (1)—
in section 14 of the Coronavirus Act 2020, omit subsection (8);
the Care and Support (Discharge of Hospital Patients) Regulations 2014 (S.I. 2014/2823) are revoked.
In consequence of subsection (2)—
in Schedule 1 to the Local Authority Social Services Act 1970, omit the entry relating to the Community Care (Delayed Discharges etc) Act 2003;
in the Children Act 1989—
in section 17ZA(6)(b), omit sub-paragraph (iii);
in section 17ZD(8)(b), omit sub-paragraph (iii);
in Schedule 2 to the Social Services and Well-being (Wales) Act 2014 (anaw 4), in Table 1—
in the English language text, omit the entry relating to the Community Care (Delayed Discharges etc) Act 2003;
in the Welsh language text, omit the entry relating to Deddf Gofal Cymunedol (Rhyddhau Gohiriedig etc) 2003.
The Secretary of State may by regulations require manufacturers or commercial suppliers of health care products, or connected persons, to—
publish information about payments or other benefits provided by them to relevant persons, or
provide such information to the Secretary of State.
The regulations may make further provision about when and how the information is to be published or provided.
The information may, in particular, include information about—
a payment or other benefit,
the person who provided it, or
the person who received it.
The regulations may make provision permitting or requiring the further sharing, publication or use of the information.
The regulations may impose requirements on manufacturers or commercial suppliers of health care products, or connected persons, about the retention of information relating to payments or other benefits provided by them to relevant persons.
The regulations may—
authorise the Secretary of State to designate as a “relevant scheme” any scheme under which information about payments or other benefits to relevant persons is collected or published by a person other than the Secretary of State, if the Secretary of State considers that the provision of information under the scheme would render compliance with some or all of the requirements imposed by the regulations unnecessary;
create exceptions from requirements to publish or provide information imposed by virtue of subsection (1) where information is provided under a relevant scheme;
if such exceptions are created—
require a person who holds information mentioned in subsection (1) in connection with the operation of a relevant scheme to provide the information to the Secretary of State;
permit or require the Secretary of State to publish the information.
The regulations may impose requirements on a person mentioned in subsection (6)(c)(i) about the retention of information mentioned there.
The provision for exceptions that may be made by the regulations includes provision authorising the Secretary of State to grant an exception from a requirement imposed by the regulations in a particular case, on grounds specified in the regulations.
The regulations may provide that the disclosure of information under the regulations does not breach—
an obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of the information (however imposed), other than a restriction imposed by the data protection legislation.
Provision made by the regulations may, in particular, be framed by reference to manufacturers or commercial suppliers with a specified connection to the United Kingdom or a part of it.
In this section—
“connected person”, in relation to a manufacturer or commercial supplier, means a person who has a connection, of a description specified in regulations made by the Secretary of State, with the manufacturer or commercial supplier;
“relevant person” means—
a person who provides health care in the United Kingdom or a part of it, whether or not under arrangements made by another person, or
another person who carries on activities connected with health care provided in the United Kingdom or a part of it and is of a description specified in regulations made by the Secretary of State.
In this section—
The Employment Rights Act 1996 is amended as follows.
In section 309E of the Greater London Authority Act 1999 (the Mayor’s health inequalities strategy), in subsection (5), for paragraph (gc) substitute—.
In section 9FF of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities), in subsection (6), for paragraph (za) substitute—.
In section 133 of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in subsection (4)(a), for sub-paragraph (ib) substitute—.
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
integrated care boards established under section 14Z25 of the National Health Service Act 2006;
In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)(a), for “a clinical commissioning group” substitute “an integrated care board”.
Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows. In subsection (4A), for paragraph (d) substitute—. In subsection (7), for ““clinical commissioning group”” substitute ““integrated care board””.
In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table—
omit the entry for a clinical commissioning group;
an integrated care board section 14Z25 of the National Health Service Act 2006
The Health and Social Care Act 2012 is amended as follows.
The Children and Families Act 2014 is amended as follows.
In section 49B (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), for paragraph (b) substitute—.
an integrated care board;
In section 95 (licensing: special conditions), in subsection (2)(d), for “clinical commissioning groups” substitute “integrated care boards”.
Section 23 (duty of health bodies to bring certain children to local authority’s attention) is amended as follows. In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”. In subsections (2) to (4), for “group”, in each place it occurs, substitute “board”.
In section 50 (right to time off for public duties), in subsection (8), for paragraph (zb) substitute—.
In section 160 (provision of information), in subsection (1)(h)—
for “a clinical commissioning group” substitute “an integrated care board”;
for “the clinical commissioning group” substitute “the integrated care board”.
In section 99 (notification of commissioners where continuation of services at risk), in subsection (5), for “clinical commissioning groups” substitute “integrated care boards”.
Section 26 (joint commissioning arrangements) is amended as follows. In subsection (8)(b), for “clinical commissioning group” substitute “integrated care board”. In subsection (9), for “a clinical commissioning group” substitute “an integrated care board”.
In section 218 (change of employer), in subsection (10), for paragraph (zb) substitute—.
In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b), for sub-paragraph (ib) substitute—.
In section 100 (modification of standard conditions), in subsection (2)(d), for “clinical commissioning group” substitute “integrated care board”.
In section 28 (co-operating generally: local authority functions), in subsections (2)(l) and (4), for “a clinical commissioning group” substitute “an integrated care board”.
In section 102 (modification of conditions by order under other enactments), in subsection (4)(c)(i), for “a clinical commissioning group” substitute “an integrated care board”.
In section 31 (co-operating in specific cases: local authority functions), in subsection (1), for paragraph (e) substitute—.
In section 104 (power to require documents and information), in subsection (2), for paragraph (f) substitute—
In section 53 (mediation: health care issues), in subsection (5), for paragraph (b) substitute—.
In section 110 (notification of enforcement action), in subsection (1)(b), for “clinical commissioning groups” substitute “integrated care boards”.
In section 56 (mediation: supplementary), in subsection (3), for paragraph (b) substitute—.
In section 141 (levy on providers: consultation), in subsection (3), for paragraph (c) substitute—.
In section 57 (resolution of disagreements), in subsection (7), for paragraph (b) substitute—.
In section 150 (interpretation, transitional provision and consequential amendments), omit subsection (3).
In section 77 (code of practice), in subsection (1), for paragraph (k) substitute—.
In section 194 (establishment of Health and Wellbeing Boards), in subsections (2)(f) (6), (7), (10) and (13)(c), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
In section 196 (other functions of Health and Wellbeing Boards), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.
In section 241 (commissioning guidance), in subsection (1), for “section 14Z8 of the National Health Service Act 2006” substitute “section 14Z51 of the National Health Service Act 2006 so far as relating to arrangements for the provision of services as part of the health service”.
Section 298 (advice or assistance to public authorities in the Isle of Man or Channel Islands) is amended as follows. In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (2), for “clinical commissioning group” substitute “integrated care board”.
In section 306 (commencement), omit subsection (7).
Omit Schedule 6 (transitional provision in connection with clinical commissioning groups).
“relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;
In section 70(2)(d)(ii) of the Housing (Wales) Act 2014—
in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;
in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.
In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”, for “a clinical commissioning group” substitute “an integrated care board”.
In section 17A (NHS contracts), in subsection (2), for paragraph (jb) substitute—.
The Education Act 1996 is amended as follows.
The Crime and Disorder Act 1998 is amended as follows.
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), for paragraph 37B substitute—
In section 1 of the NHS Redress Act 2006 (power to establish redress scheme), in subsection (3), for paragraph (ab) substitute—.
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 5(2)(a), for sub-paragraph (i) (but not the “or” at the end) substitute—.
The HSSIB is to consist of— The Chief Investigator is to be the chief executive of the HSSIB. The HSSIB must have more non-executive than executive members. In this Schedule—
A person holds and vacates office as a non-executive member of the HSSIB in accordance with that person’s terms of appointment (subject to the following provisions of this paragraph). A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State. The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds— The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3). A person may be appointed as a non-executive member for an initial term of up to three years. A person who has been appointed as a non-executive member for an initial term may be re-appointed, but only for one further term of up to three years. The further term must begin at the end of the initial term.
The HSSIB may appoint such persons to be employees of the HSSIB as it considers appropriate. Employees of the HSSIB are to be paid such remuneration as the HSSIB may determine. Employees of the HSSIB are to be appointed on such other terms and conditions as the HSSIB may determine. The HSSIB may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the HSSIB. Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), the HSSIB must obtain the approval of the Secretary of State to its policy on that matter.
The HSSIB must exercise the functions conferred on it by this Part effectively, efficiently and economically. The HSSIB may arrange for the exercise of any of its functions on its behalf by—
The HSSIB may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on it by this Part. The power under sub-paragraph (1) includes power for the HSSIB to do the following— But the HSSIB requires the consent of the Secretary of State to borrow money temporarily by way of overdraft.
The HSSIB must keep proper accounts and proper records in relation to the accounts. The Secretary of State may give directions to the HSSIB as to—
After section 321 of the Communications Act 2003 insert—
The regulations may—
require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;
require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.
The regulations may make provision for—
the review of decisions under the regulations;
appeals against decisions under the regulations.
The regulations may confer on a local authority the function of enforcing the regulations in its area.
In this Schedule— Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.
In section 322 (duty of certain bodies to help local authority), in subsections (1), (3)(a) and (4), for “a clinical commissioning group” substitute “an integrated care board”.
In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e), for “clinical commissioning group” substitute “integrated care board”.
Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph (ca) substitute—.
The HSSIB must prepare annual accounts in respect of each financial year. The HSSIB must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct. The Comptroller and Auditor General must— In this paragraph and paragraph 20, “financial year” means a period of 12 months ending with 31 March.
The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.
In section 332 (duty of Local Health Board, a Primary Care Trust or National Health Service trust to notify parent etc), in subsection (1), for “a clinical commissioning group,” substitute “an integrated care board,”.
In section 38 (local provision of youth justice services), in subsection (2)(b), for “, clinical commissioning group or” substitute “, integrated care board or”.
In section 224 (duties of services-providers to respond to local involvement networks), in subsection (2), for paragraph (zb) substitute—.
Section 39 (youth offending teams) is amended as follows. In subsection (3)(b), for “, clinical commissioning group or” substitute “, integrated care board or”. In subsection (5)(d), for “a clinical commissioning group or” substitute “an integrated care board or”.
In section 227 (Local Healthwatch organisations: annual reports), in subsection (4)(ab), for “clinical commissioning group” substitute “integrated care board”.
In section 41 (the Youth Justice Board), in subsection (10), for “a clinical commissioning group,” substitute “an integrated care board,”.
In section 42 (supplementary provision), in subsection (3), for “a clinical commissioning group,” substitute “an integrated care board,”.
In section 115 (disclosure of information), in subsection (2), for paragraph (fb) substitute—.
“United Kingdom national” has the meaning given by section 140(4);
the Council of the Isles of Scilly;
“Chief Investigator” means the person appointed in accordance with paragraph 3 of Schedule 13;
For section 99 and the italic heading before it substitute—
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), for subsection (2) substitute—
In section 150 of the Health and Social Care (Community Health and Standards) Act 2003 (liability to pay NHS charges), in subsection (7)(d), for “99” substitute “99A”.
The Care Act 2014 is amended as follows.
The Local Audit and Accountability Act 2014 is amended as follows.
In Schedule 7 to the Counter-Terrorism and Security Act 2015 (partners of local panels), under the italic heading “Health and social care”, for “A clinical commissioning group established under section 14D” substitute “An integrated care board established under section 14Z25”.
The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.
an integrated care board established under section 14Z25 of that Act;
The HSSIB must pay to the non-executive members such remuneration as the Secretary of State may determine. The HSSIB must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member. If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the HSSIB must pay compensation to the person of such amount as the Secretary of State may determine.
The HSSIB may appoint such committees and sub-committees as it considers appropriate. A committee or sub-committee may consist of or include persons who are not members or employees of the HSSIB. The HSSIB may pay such remuneration and allowances as it may determine to any person who— whether or not that person is a non-executive member of the HSSIB. Before making a determination as to remuneration or allowances for the purposes of sub-paragraph (3), the HSSIB must consult the Secretary of State.
The Secretary of State may make payments to the HSSIB out of money provided by Parliament of such amounts as the Secretary of State considers appropriate. Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State considers appropriate.
Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if the HSSIB were an authority of the kind referred to in that section. In its application to the HSSIB as a result of sub-paragraph (1), section 265 of that Act has effect as if the references in that section to that Act were references to this Part of this Act.
The application of the HSSIB’s seal must be authenticated by the signature of any member of the HSSIB or any other person who has been authorised (generally or specially) for that purpose. A document purporting to be duly executed under the HSSIB’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).
Chief Investigator, chair or other member of the Health Services Safety Investigations Body.
The Health Services Safety Investigations Body.
The Health Services Safety Investigations Body.
This Schedule is about the provision that may be made by regulations under section 180.
The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences. The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.
The regulations may confer power on a local authority to impose a financial penalty in relation to— The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations. If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence. If the regulations confer power to impose a financial penalty they must include provision— The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.
Section 100 (general dental services contracts: introductory) is amended as follows. In subsection (1), for “The Board” substitute “An integrated care board or NHS England”. In subsection (3)— After subsection (3) insert— In subsection (4), for “the Board” substitute “the integrated care board or NHS England”.
In section 6 (co-operating generally), in subsection (8)(b), for “a clinical commissioning group” substitute “an integrated care board”.
In section 4 (general requirements for audit), for subsection (4) substitute—
In section 4 (additional learning needs code), in subsection (3)—
in the English language text, for paragraph (j) substitute—;
in the Welsh language text, for paragraph (j) substitute—.
In section 102 (persons eligible to enter into GDS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
Section 22 (exception for provision of health services) is amended as follows. In subsection (4)(a), for “clinical commissioning group” substitute “integrated care board”. In subsection (6)(b), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (9), for “a clinical commissioning group” substitute “an integrated care board”.
In section 8 (procedure for appointment), in subsection (4), for paragraph (b) substitute—.
In section 64 (duty of health bodies to notify parents etc), in subsection (2)—
in the English language text, for paragraph (c) substitute—;
in the Welsh language text, for paragraph (c) substitute—.
In section 103 (GDS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
In section 52 (sections 48 to 51: supplementary), in subsection (9)—
for “a clinical commissioning group” substitute “an integrated care board”;
for “the group” substitute “the board”.
In section 10 (functions of auditor panel), in subsection (10), for paragraph (b)—.
In section 65 (duties to provide information and other help), in subsection (4)—
in the English language text, for paragraph (k) substitute—;
in the Welsh language text, for paragraph (k) substitute—.
In section 104 (GDS contracts: other required terms), in subsection (3), for “the Board” substitute “an integrated care board or NHS England”.
In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and (c)(ii), for “a clinical commissioning group” substitute “an integrated care board”.
In section 21 (general duties of auditors of accounts of health service bodies), in subsection (1)—
for “a clinical commissioning group” substitute “an integrated care board”;
in paragraphs (c) and (f), for “the group” substitute “the board”.
In section 99 (general interpretation), in subsection (1)—
in the English language text—
omit the definition of “clinical commissioning group”;
at the appropriate place insert—;
in the Welsh language text—
omit the definition of “grŵp comisiynu clinigol”;
at the appropriate place insert—.
Section 106 (persons performing primary dental services) is amended as follows. In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”. In subsection (2), for paragraph (b) substitute—
Paragraph 1 of Schedule 2 (Safeguarding Adults Boards) is amended as follows. In sub-paragraph (1)(b), for “a clinical commissioning group” substitute “an integrated care board”. In sub-paragraph (5)—
Section 44 (interpretation of Act) is amended as follows. in relation to an integrated care board, means the area specified in the board’s constitution (see Schedule 1B to the National Health Service Act 2006); For subsection (5) substitute—
Section 107 (arrangements for the provision of primary dental services) is amended as follows. In the heading, for “the Board” substitute “an integrated care board or NHS England”. For subsection (1) substitute— Omit subsection (6).
In Schedule 2 (relevant authorities), for paragraph 23 substitute—
In section 108 (persons with whom agreements may be made under section 107), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5, in the modified section 1214 of the Companies Act 2006—
in subsection (1), omit “(3),”;
In relation to a relevant authority that is an integrated care board, subsection (2)(a) has effect as if “or officer” were omitted.
Section 109 (regulations about section 107 arrangements) is amended as follows. In subsection (2), for “the Board” substitute “an integrated care board or NHS England”. In section (3), for paragraph (ca) substitute—. In subsection (6), for “the Board” substitute “an integrated care board or NHS England”. In subsection (7), omit “to” in the first place it occurs.
In Schedule 7 (reports and recommendations), in paragraph 4(8), for paragraph (b) substitute—.
Section 112 (assistance and support: primary dental services) is amended as follows. In subsection (1)— In subsection (2)—
Section 113 (Local Dental Committees) is amended as follows. In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”. In subsection (3)— In subsection (6), for “the Board” substitute “an integrated care board”. In subsection (10)—
For section 114A substitute—
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry relating to the chairman or non-executive member of the National Health Service Commissioning Board, for “the National Health Service Commissioning Board” substitute “NHS England”.
In section 43K(2)(b) of the Employment Rights Act 1996 for “the authority or board” substitute “NHS England or the board”.
In Part 1 of Schedule 19 to the Equality Act 2010, in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, for “The National Health Service Commissioning Board” substitute “NHS England”.
The Social Services and Well-being (Wales) Act 2014 is amended as follows.
The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.
For section 83 and the italic heading before it substitute—
For section 168A substitute—
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for Monitor.
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
Chair or non-executive member of NHS England.
omit the entry for the chair or other member of Monitor.
The National Health Service Act 2006 is amended as follows.
The Health Act 2009 is amended as follows.
In section 14 (conditions of storage licences), in subsection (1), after paragraph (c) insert—.
The amendments in paragraphs 2 to 6 of this Schedule have effect in relation to pre-commencement storage licences under which gametes, embryos or human admixed embryos are kept in storage on or after the commencement day (as well as having effect in relation to post-commencement storage licences). This is subject to sub-paragraphs (2) and (3). In the case of a pre-commencement embryo storage licence, the condition imposed by section 14(3)(c) of the 1990 Act (as substituted by paragraph 2 of this Schedule) does not apply in relation to an embryo which, on the commencement day, is kept in storage for the training or research purpose but not for treatment purposes. In the case of any pre-commencement storage licence, the condition imposed by section 14(1)(ca) of the 1990 Act (as substituted by paragraph 5 of this Schedule) applies only in relation to times on or after the commencement day.
If a pre-commencement consent to the storage of gametes or an embryo expires at any time in the transitional period, the storage of the gametes or embryo for the remainder of that period is not unlawful merely because of that fact. In sub-paragraph (1)—
In section 47(10)—
in the English language text—
NHS England;
NHS England;
in the Welsh language text—
GIG Lloegr;
GIG Lloegr;
In section 4(3)—
in the English language text, for paragraph (i) substitute—;
in the Welsh language text, for paragraph (i) substitute—.
Section 84 (general medical services contracts: introductory) is amended as follows. In subsection (1), for “The Board” substitute “An integrated care board or NHS England”. In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”. For subsection (4) substitute— In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.
For section 2 substitute—
In section 2 (duty to have regard to NHS Constitution), in subsection (2), omit paragraph (f).
In section 17 (the person responsible), in subsection (1)(c), for “allowed to perish” substitute “removed from storage”.
The amendments made by paragraph 7 of this Schedule have effect in relation to the storage of gametes and embryos under a pre-commencement gamete or embryo storage licence, where the gametes or embryos are kept in storage on or after the commencement day (as well as having effect in relation to the storage of gametes and embryos under a post-commencement gamete or embryo storage licence).
In section 77(4)(b)(ii)—
in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;
in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.
In section 65(4)—
in the English language text, for paragraph (j) substitute—;
in the Welsh language text, for paragraph (j) substitute—.
In section 86 (persons eligible to enter into GMS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
In section 33 (applications by NHS trusts), in each of subsections (1) to (3), for “the regulator” substitute “NHS England”.
In section 9 (supplementary provision about the duty), in subsection (3), for “Monitor” substitute “NHS England”.
In section 104(3)(d)(ii)—
in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;
in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.
In section 99(1)—
in the English language text, omit the definition of “National Health Service Commissioning Board” and at the appropriate place insert—;
in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—.
In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
Section 35 (authorisation of NHS foundation trusts) is amended as follows. In subsection (1)— In subsections (2)(f) and (3), for “the regulator” substitute “NHS England”. In subsection (3A) and (5), for “The regulator” substitute “NHS England”. In subsection (6), for “the regulator” substitute “NHS England”.
In section 118(2)(c)—
in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;
in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.
Section 89 (GMS contracts: other required terms) is amended as follows. Omit subsections (1A) to (1E). In subsection (4)(a), for “the Board” substitute “an integrated care board or NHS England”.
In section 37 (amendments of constitution), in subsection (4)—
for “the regulator” substitute “NHS England”;
for “the regulator’s” substitute “NHS England’s”.
In section 164A(4)—
in the English language text, for paragraph (c) substitute—;
in the Welsh language text, for paragraph (c) substitute—.
Section 91 (persons performing primary medical services) is amended as follows. In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”. In subsection (2), for paragraph (b) substitute—
Section 39 (register of NHS foundation trusts) is amended as follows. In subsection (1), for “The regulator” substitute “NHS England”. In subsection (3), for “the regulator” substitute “NHS England”.
In section 193(4)(c)—
in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;
in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.
Section 92 (arrangements for the provision of primary medical services) is amended as follows. In the heading, for “the Board” substitute “an integrated care board or NHS England”. For subsection (1), substitute— After subsection (5) insert—
In section 39A (panel for advising governors), in subsections (1) and (9), for “The regulator” substitute “NHS England”.
In section 197(1)—
in the English language text, for the definition of “National Health Service Commissioning Board” substitute—;
in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—.
In section 93 (persons with whom agreements may be made under section 92), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
In section 42A (criteria for making loans etc), in subsection (7)(b), for “the regulator” substitute “NHS England”.
Section 94 (regulations about section 92 arrangements) is amended as follows. In subsection (2), for “the Board” substitute “an integrated care board or NHS England”. In section (3), for paragraph (ca) substitute—. Omit subsections (3A) to (3E). In subsection (6), for “the Board” substitute “an integrated care board or NHS England”. In subsection (7), omit “to” in the first place it occurs.
In section 50 (fees), for “the regulator”, in both places it occurs, substitute “NHS England”.
Section 96 (assistance and support: primary medical services) is amended as follows. In subsection (1)— In subsection (2)—
In section 56 (mergers), in subsection (1), for “the regulator” substitute “NHS England”.
Section 97 (Local Medical Committees) is amended as follows. In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”. In subsection (3)(b), for “the Board” substitute “the integrated care board”. In subsection (6), for “the Board” substitute “an integrated care board”. In subsection (10)—
Section 56A (acquisitions) is amended as follows. In subsection (1), for “the regulator” substitute “NHS England”. In subsection (4A), for “the regulator” substitute “NHS England”.
For section 98A substitute—
In section 56AA (acquisitions under section 56A: supplementary), in subsection (1)(a), for “the regulator” substitute “NHS England”.
In section 56B (separations), in subsection (1), for “the regulator” substitute “NHS England”.
In section 57 (sections 56 to 56B: supplementary), in subsections (1) and (2), for “the regulator”, in each place it occurs, substitute “NHS England”.
Section 57A (dissolution) is amended as follows. In subsection (1), for “the regulator” substitute “NHS England”. In subsection (3), for “The regulator” substitute “NHS England”. In subsection (4), for “the regulator” substitute “NHS England”.
In section 64 (orders and regulations under Chapter), in subsection (4A), for “the regulator”, in both places it occurs, substitute “NHS England”.
Section 244 (review and scrutiny by local authorities) is amended as follows. In subsection (2)(b), for “the Secretary of State or the regulator” substitute “or the Secretary of State”. In subsections (2ZA)(a) and (2ZC), omit “, the regulator”.
In section 247C (Secretary of State’s duty to keep health service functions under review), in subsection (2), omit paragraph (b).
In section 258 (university clinical teaching and research), after subsection (2) insert—
In section 272 (orders, regulations, rules and directions), in subsection (6ZA), for “the regulator”, in both places it occurs, substitute “NHS England”.
In section 275 (interpretation), in subsection (1), omit the definition of “the regulator”.
In section 276 (index of defined expressions), omit the entry for “the regulator”.
Schedule 7 (constitution of public benefit corporations) is amended as follows. In paragraph 24— In paragraph 25— In paragraph 26(1), (2), (2A), and (3), for “the regulator”, in each place it occurs, substitute “NHS England”. In paragraph 27(1), for “the regulator” substitute “NHS England”.
In Schedule 10 (audit of accounts of NHS foundation trusts)—
in paragraphs 5, 6 and 8(1)(c), for “the regulator” substitute “NHS England”;
in the italic heading before paragraph 6, for “regulator” substitute “NHS England”.
Regulations under section 92(1) may make provision for the enforcement of requirements imposed by the regulations, including provision conferring on the Secretary of State the power to impose a financial penalty on a person who, without reasonable excuse—
fails to comply with such a requirement, or
provides information in response to such a requirement that is false or misleading to a material extent.
The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
Regulations by virtue of subsection (1) must include provision—
requiring the Secretary of State, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
requiring the Secretary of State, after the period for making representations, to decide whether to impose the financial penalty;
requiring the Secretary of State, if the Secretary of State decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
as to the powers of the court or tribunal on such an appeal.
The provision that may be made by the regulations by virtue of subsection (1) includes provision—
enabling a notice of intent or final notice to be withdrawn or amended;
requiring the Secretary of State to withdraw a final notice in circumstances specified in the regulations;
for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
as to how financial penalties are recoverable.
Before making regulations under section 92, the Secretary of State must—
obtain the consent of the Scottish Ministers in relation to any provision which—
would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament, and
is not merely incidental to, or consequential on, provision which would be outside that legislative competence;
obtain the consent of the Welsh Ministers in relation to any provision which—
would be within the legislative competence of Senedd Cymru, if contained in an Act of the Senedd, and
is not merely incidental to, or consequential on, provision which would be outside that legislative competence;
obtain the consent of the Department of Health in Northern Ireland in relation to any provision which—
would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and
is not merely incidental to, or consequential on, provision which would be outside that legislative competence.
Consent is not required under subsection (1)(c) in relation to any provision if—
a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and
the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).
The Health and Social Care Act 2012 is amended as follows.
In section 250 (information standards)—
for subsection (2) substitute—;
in subsection (3), for “services” substitute “care”;
omit subsection (5);
for subsection (6) substitute—;
in subsection (7)—
at the appropriate place insert—;
omit the definition of “health services”.
For section 251 substitute—
In section 251C (continuity of information: interpretation)—
after subsection (6) insert—;
for subsection (7) substitute—
In section 304 (regulations etc), in subsection (5), before paragraph (k) insert—.
After section 251C of the Health and Social Care Act 2012 insert—
The Health and Social Care Act 2012 is amended as follows.
In section 253(1) (general duties of the Information Centre)—
omit the “and” at the end of paragraph (ca);
after paragraph (ca) insert—;
at the end of paragraph (d) insert , and
In section 261(1A) (other dissemination of information), for “the purposes of” substitute “purposes connected with”.
In section 259 of the Health and Social Care Act 2012 (powers to require and request provision of information), in subsection (1)—
at the end of paragraph (a) omit “and”;
for paragraph (b) substitute—;
in subsection (2), for “Those persons” substitute “The persons mentioned in this subsection”;
omit subsection (4);
in subsection (5), after “subsection (1)(a)” insert “or (aa)”;
omit subsection (7);
in subsection (9), after “subsection” insert “(1)(aa) or”;
after subsection (10) insert—
In Part 9 of the Health and Social Care Act 2012, after section 277 insert—
The Health and Social Care Act 2012 is amended as follows.
After section 277D (inserted by section 99 of this Act) insert—
In section 304 (regulations etc), in subsection (5), after paragraph (ja) (inserted by section 95 of this Act) insert—.
The Medicines and Medical Devices Act 2021 is amended in accordance with subsections (2) to (9).
In Part 2, for the heading of Chapter 1 substitute “Regulations: general”.
After that Chapter insert—
In section 19 (medical devices: information systems)—
in subsection (6)—
in paragraph (b) for “contained in an information system” substitute “that is contained in an information system or has been analysed in combination with such information”;
in paragraph (c) for “contained in an information system” substitute “mentioned in paragraph (b)”;
after subsection (7) insert—
In section 43 (power to make consequential etc provision)—
in subsection (1), for “This section” substitute “Subsection (2)”;
after subsection (2) insert—
In section 44 (scope of powers of Northern Ireland departments) after “2(1)” insert “, 7A(1)”.
In section 45 (consultation)—
after subsection (1) insert—;
in subsection (6), for paragraph (a) (but not the “and” at the end) substitute—.
In section 46 (reporting requirements)—
in subsections (1), (3)(b) and (4)(a), after “2(1),” insert “7A(1),”;
in subsection (5), in paragraphs (a) and (b) of the definition of “relevant authority”, after “2(1)” insert “, 7A(1)”.
In section 47 (procedure for regulations), in subsection (2), after “2(1)” insert “, 7A(1)”.
In section 253 of the Health and Social Care Act 2012 (general duties of Information Centre), after subsection (2) insert—
In this Part—
“documents” includes personal and medical records;
In Schedule 9 to the Local Audit and Accountability Act 2014, in paragraph 4(12), for paragraph (c) of the definition of “relevant NHS body” substitute—.
In section 18(2)(d) and (5)(b) of the Cities and Local Government Devolution Act 2016, for “the NHS Commissioning Board” substitute “NHS England”.
The Dentists Act 1984 is amended as follows.
In section 2A of the Health Service Commissioners Act 1993 (persons subject to investigation), in subsection (1)(c), for “92 or 107” substitute “83, 92, 99A or 107”.
In Schedule 8 to the Health Act 2006 (minor and consequential amendments), omit paragraph 30 and the italic heading above it.
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, omit the entry for Monitor.
In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (b).
In section 67A of the Finance Act 2003 (acquisitions by certain health service bodies), in subsection (1), after paragraph (b) insert—.
The Health and Social Care Act 2012 is amended as follows.
After section 116B of the Local Government and Public Involvement in Health Act 2007 insert—
The Chief Investigator is to be appointed by the non-executive members with the consent of the Secretary of State. The Chief Investigator is to be an employee of the HSSIB.
This paragraph applies where a person is suspended under paragraph 5(4). The Secretary of State must give notice of the decision to suspend to the person. The suspension takes effect on receipt by the person of the notice. The notice may be— The initial period of suspension must not exceed six months. The Secretary of State may review the suspension at any time. The Secretary of State— Following a review during a period of suspension, the Secretary of State may— The Secretary of State must revoke the suspension if the Secretary of State—
The HSSIB may regulate its own procedure. The validity of any act of the HSSIB is not affected by any vacancy among the members or by any defect in the appointment of any member.
The HSSIB may arrange for persons to assist it in the exercise of its functions in relation to— Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Where the HSSIB receives income from imposing charges under section 127(8) or 128(4), it must ensure that the income is used for exercising its functions.
This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence in a case where— Where this paragraph applies, paragraph 11A of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—
“United Kingdom national” has the meaning given by section 152(4);
Section 1
Section 19
Before Schedule 4 to the National Health Service Act 2006 insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after paragraph (d) (inserted by section 17 of this Act), insert—
Section 22
Section 32
“United Kingdom national” has the meaning given by section 148(4);
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a), for “, a clinical commissioning group established under section 14D” substitute “, an integrated care board established under section 14Z25”.
In section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service), in subsection (1), for “clinical commissioning group” substitute “integrated care board”.
In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), in the words after paragraph (b) for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”.
The Value Added Tax Act 1994 is amended as follows.
The National Health Service (Wales) Act 2006 is amended as follows.
In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7), in paragraph (a) of the definition of “relevant NHS body”, for “a clinical commissioning group,” substitute “an integrated care board,”.
The Education and Skills Act 2008 is amended as follows.
The Health Act 2009 is amended as follows.
In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7), for paragraph (bb) substitute—.
In section 1 of the NHS Funding Act 2020 (funding settlement for the health service in England), in subsection (2), for “section 223D(2) and (3)” substitute “section 223D(1)(a) and (b)”.
The National Health Service Act 2006 is amended as follows.
Section 14 (conditions of storage licences) is amended as follows. In subsection (1), for paragraph (c) substitute—. For subsections (3) to (5) substitute—
The regulations may make provision for the grant of a licence subject to conditions. Provision of the kind mentioned in sub-paragraph (1) may—
The regulations may create offences in relation to— The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.
The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).
In section 41 (application to the Crown), in subsection (7), for paragraph (f) substitute—.
In section 7 (NHS contracts), in subsection (4), for paragraph (bb) substitute—.
In section 16 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—.
Section 2 (duty to have regard to NHS constitution) is amended as follows. In subsection (2) for paragraph (cb) substitute—. In subsection (4)(za) for “a clinical commissioning group” substitute “an integrated care board”.
In section 13Q (public involvement and consultation by NHS England), for subsection (4) substitute—
In section 47 (index), omit the entry for the “Statutory storage period”.
Schedule 8 (zero-rating) is amended as follows. In Group 12, in Note (5H), for paragraph (ea) substitute—. In Group 15, in Note (4), for paragraph (j) substitute—
In section 13 (exercise of Local Health Board functions), in subsection (3), for paragraph (ab) substitute—.
In section 77 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—.
In section 8 (duty of providers to publish information), in subsection (6), for “a clinical commissioning group” substitute “an integrated care board”.
In section 242 (public involvement and consultation by NHS trusts), for subsection (6) substitute—
In Schedule 3 (consents), in paragraph 2(2)(a), for “statutory storage period” substitute “period for which, by virtue of section 14(3), the gametes, embryo or human admixed embryo may be stored under the licence”.
In section 17 (plans for improving health etc), in subsection (6)(g) and (h), for “, clinical commissioning groups,” substitute “, integrated care boards,”.
In section 26 (intervention orders), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.
In section 28 (default powers), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.
In section 34 (power of local authorities to make payments), in subsection (1), for “, a clinical commissioning group” substitute “, an integrated care board”.
In section 162 (transfer of functions and property to or from special trustees), in subsection (1), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
In section 197 (university clinical teaching and research), in subsection (2)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.
In section 206 (interpretation), in subsection (1)—
omit the definition of “clinical commissioning group”;
at the appropriate place insert—;
an integrated care board.
The Acquisition of Land Act 1981 is amended as follows.
The Children Act 1989 is amended as follows.
In section 2 of the Health Service Commissioners Act 1993 (the bodies subject to investigation), in subsection (1), for paragraph (dd) substitute—.
In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), in subsection (2)(f), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
In section 61 of the Health Act 1999 (English and Scottish border provisions), in subsections (2) and (5), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
The Adoption and Children Act 2002 is amended as follows.
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders), in subsection (6)(g), for “clinical commissioning group or” substitute “integrated care board or”.
The Health and Social Care Act 2008 is amended as follows.
In section 16 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), for paragraph (ab) substitute—.
In section 21 (provision for accommodation for children in police protection or detention or on remand, etc), in subsection (3), for “a clinical commissioning group” substitute “an integrated care board”.
In section 4 (assessments etc for adoption support services), in subsection (9), in the words after paragraph (b), for “clinical commissioning group,” substitute “integrated care board,”.
In section 30 (urgent procedure for cancellation), in subsection (3)(a), for “clinical commissioning group” substitute “integrated care board”.
an integrated care board established under section 14Z25 of the National Health Service Act 2006,
In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), for “a clinical commissioning group” substitute “an integrated care board”.
In section 8 (adoption support agencies), in subsection (2)(d), for “, clinical commissioning group” substitute “, integrated care board”.
In section 39 (bodies required to be notified of certain matters), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.
In section 24C (information), in subsection (2)(c), for “a clinical commissioning group” substitute “an integrated care board”.
In section 48 (reviews and investigations), in subsection (2)(ba), for “a clinical commissioning group” substitute “an integrated care board”.
In section 27 (co-operation between authorities), in subsection (3)(d), for “clinical commissioning group,” substitute “integrated care board,”.
In section 54 (studies as to economy, efficiency etc), in subsection (5), for “a clinical commissioning group or” substitute “an integrated care board or”.
In section 29 (recoupment of cost of providing services etc), in subsection (8)(c), for “a clinical commissioning group” substitute “an integrated care board”.
In section 59 (additional functions), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.
In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “clinical commissioning group,” substitute “integrated care board,”.
In section 64 (power to require documents and information), in subsection (2)(b), for sub-paragraph (ii) (but not the “or” at the end) substitute—.
In section 80 (inspection of children’s homes etc by persons authorised by the Appropriate National Authority), in subsections (1)(d) and (5)(ea), for “a clinical commissioning group” substitute “an integrated care board”.
In section 97 (general interpretation of Part 1), in subsection (1)—
an integrated care board,
in the definition of “NHS care”, for “a clinical commissioning group” substitute “an integrated care board”.
In section 85 (children accommodated by health authorities and local education authorities), in subsection (2ZA)—
in paragraph (b), for “a clinical commissioning group” substitute “an integrated care board”;
in the words after paragraph (b), for “the clinical commissioning group” substitute “the integrated care board”.
In section 105 (interpretation), in subsection (1)—
omit the definition of “clinical commissioning group”;
at the appropriate place insert—.
Section 33
Section 46 In the National Health Service Act 2006, after Schedule 10 insert—
Section 50
Section 70
The National Health Service Act 2006 is amended as follows.
For section 65B substitute—
Section 65D (NHS foundation trusts: appointment of trust special administrator) is amended as follows. In subsections (1) and (1A)(b) and (c), for “the regulator”, in each place it occurs, substitute “NHS England”. In subsection (2), for “The regulator” substitute “NHS England”. After subsection (2) insert— In subsection (3), for “the regulator” substitute “NHS England”. In subsection (3A)— For subsection (4) substitute— In subsection (6), for “The regulator” substitute “NHS England”. In subsection (7), for “the regulator” substitute “NHS England”. For subsection (12) substitute—
Section 65DA (objective of trust special administration) is amended as follows. In subsection (4)(c), for “the regulator” substitute “NHS England”. In subsection (5), for “The regulator” substitute “NHS England”. In subsection (5A), for “the regulator” substitute “NHS England”. In subsection (6)— In subsection (7), for “The Board” substitute “NHS England”. In subsection (8), for “the Board” substitute “NHS England”.
Section 65F (draft report) is amended as follows. For subsections (1) to (3) substitute— Omit subsections (4), (5) and (5A). For subsection (6) substitute—
Section 65G (consultation plan) is amended as follows. In subsection (4)(b) for “the Board”, in both places it occurs, substitute “NHS England”. For subsection (5) substitute—
Section 65H (consultation requirements) is amended as follows. In subsection (7)— Omit subsection (8). In subsection (9)(a), omit “the Board and”. After subsection (9) insert— For subsection (10) substitute— Omit subsection (10A). In subsection (12), omit paragraph (b) and the “and” before it. Omit subsection (13).
Section 65I (final report) is amended as follows. For subsection (1) substitute— In subsection (2), after “the final report” insert “mentioned in subsection (1) or (1A)”. In subsection (3), for “the Secretary of State” substitute “NHS England”. Omit subsection (4).
Section 65J (power to extend time) is amended as follows. In subsection (1)— In subsection (2), for “the Secretary of State”, in both places it occurs, substitute “NHS England”. Omit subsection (5).
In the italic heading before section 65K for “the regulator” substitute “NHS England”.
For section 65K substitute—
Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows. In the heading for “Regulator’s” substitute “NHS England’s”. In each of subsections (1) and (3) to (5), for “the regulator”, in each place it occurs, substitute “NHS England”. In subsection (6), for “The regulator” substitute “NHS England”.
Section 65KB (Secretary of State’s response to regulator’s decision) is amended as follows. In the heading for “regulator’s” substitute “NHS England’s”. In subsections (1)(c) and (2)(b), for “the regulator” substitute “NHS England”.
In section 65KC (action following Secretary of State’s rejection of final report), in subsections (1) and (2), for “the regulator” substitute “NHS England”.
In section 65KD (Secretary of State’s response to resubmitted report) is amended as follows. In subsection (3), for “(4) to” substitute “(5), (6) and”. Omit subsection (4). For subsections (5) and (6) substitute— Omit subsections (7) and (8).
Section 65L (trusts coming out of administration) is amended as follows. For subsections (1) to (2B) substitute— In subsection (7), for “the regulator”, in both places it occurs, substitute “NHS England”.
In section 65LA (trusts to be dissolved), in subsection (3), for “The regulator” substitute “NHS England”.
Section 65M (replacement of trust special administrator) is amended as follows. For subsection (1) substitute— In subsection (2), for “the Secretary of State” substitute “NHS England”. Omit subsection (3).
Section 65N (guidance) is amended as follows. In subsection (1), for “the Secretary of State” substitute “NHS England”. In subsection (1A), omit paragraph (b). In subsection (3A), for “the Secretary of State” substitute “NHS England”. Omit subsection (4).
In section 65O (interpretation of Chapter), in subsection (1), in the definition of “trust special administrator”, for “65B(6)(a)” substitute “65B(8)(a)”.
In section 272 (orders, regulations, rules and directions), in subsection (5)(ab), after “65L(2)” insert “, (2B)”.
Section 72
Section 77
The Health and Social Care Act 2012 is amended as follows.
In section 97 (conditions of licences for health care service providers), in subsection (1)(g), for “the national tariff (see section 116)” substitute “the NHS payment scheme (see section 114A)”.
In Part 3, for Chapter 4 substitute—
In section 304 (regulations, orders and directions), in subsection (5), for paragraph (g) substitute—.
Section 78 After Schedule 1 to the National Health Service Act 2006 insert—
Section 84
Section 109
The Secretary of State may, in connection with the establishment of the HSSIB by this Act, make one or more transfer schemes. A “transfer scheme” is a scheme for the transfer to the HSSIB of any property, rights or liabilities of NHS England relating to the discharge of NHS England’s functions pursuant to any directions made by the Secretary of State under the power conferred by section 44 which are in force at the time the scheme is made. The things that may be transferred under a transfer scheme include— A transfer scheme may— A transfer scheme may provide— In sub-paragraph (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). For the purposes of this paragraph— For the purposes of sub-paragraph (7)(a)—
The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to— The provision which may be made under sub-paragraph (1)(a) includes in particular provision for— The provision which may be made under sub-paragraph (1)(b) includes in particular provision for— Regulations under this paragraph are subject to annulment in pursuance of a resolution of the House of Commons. In this paragraph references to the transfer of property include the grant of a lease. In this paragraph—
Section 123
Section 134
Section 160
Section 171
Section 172
In the Communications Act 2003, after Part 4B insert—
The Communications Act 2003 is amended as follows.
In section 368C (on-demand programme services: duties of the appropriate regulatory authority), after subsection (5) insert—
In section 402(2) (instruments subject to negative procedure) —
in paragraph (a) omit “or regulations under section 368BC”;
after paragraph (a) insert—.
Section 180
In section 40 (definition of business of dentistry), in subsection (2)(aa), for “a contract under section 100 of the National Health Service Act 2006” substitute “arrangements under section 99A of the National Health Service Act 2006 or a contract under section 100 of that Act”.
Section 2 (rights of authorised representatives of disabled persons) is amended as follows. In subsection (5)(a), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (9), in paragraph (a) of the definition of “health authority”, for “, a clinical commissioning group or” substitute “, an integrated care board or”.
In section 112 (transitional provision relating to abolition of NHS trusts etc), in subsection (5)(b), omit the words from “(whether because” to the end.
Where a person is suspended from office as the chair under paragraph 5(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair’s functions. Appointment as interim chair is for a term not exceeding the shorter of— Sub-paragraph (4) applies if— The person may be re-appointed as interim chair for a further term determined in accordance with sub-paragraph (2). That further term must begin at the end of the person’s initial term as interim chair.
This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence in a case where— Where this paragraph applies, paragraph 11C of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—
In section 53 (interpretation), in subsection (3)(a)(i), for “92 or 107” substitute “83, 92, 99A or 107”.
Section 7 (persons discharged from hospital) is amended as follows. In subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (9), in paragraph (a) of the definition of “health authority”, for “a clinical commissioning group”, substitute “an integrated care board”.
Omit section 180 (repeal of provisions on authorisation for NHS foundation trusts).
“hymenoplasty” has the meaning given by section 148(2).
In section 1(2) of the Access to Health Records Act 1990 as it has effect under the law of England and Wales—
in paragraph (a)—
for “the National Health Service Commissioning Board” substitute “NHS England”;
after “contract with” insert “NHS England”;
in paragraph (aa)—
for “the National Health Service Commissioning Board” substitute “NHS England”;
after “arrangements with” insert “NHS England”.
The National Health Service Act 2006 is amended as follows.
The Health and Social Care Act 2012 is amended as follows.
The National Health Service Act 2006 is amended as follows.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies), in paragraph 1, omit sub-paragraph (bk).
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), omit the entry for the chair or other member of Monitor.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for Monitor.
The Health and Social Care Act 2008 is amended as follows.
The Health and Social Care Act 2012 is amended as follows.
In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (3), omit paragraph (q).
In section 26 of the Local Government Act 1974 (matters subject to investigation), in subsection (1), for paragraph (d) substitute—.
In section 4 of the Adoption and Children Act 2002 (assessments etc for adoption support services), in subsection (9), for paragraph (za) substitute—.
In the heading of section 3B, for “Board” substitute “NHS England”.
In section 150, omit subsection (2).
In section 20A (functions relating to processing of information by registered persons), in subsection (1)(b), omit “and Monitor”.
In Part 3, omit Chapter 1 (Monitor).
In the heading of section 13A, for “Board” substitute “NHS England”.
In the heading of section 197, for “NHS Commissioning Board” substitute “NHS England”.
In section 30 (urgent procedure for cancellation), in subsection (3), omit paragraph (c).
Section 83 (exemption regulations) is amended as follows. In subsection (3)(a), (b) and (c), for “Monitor” substitute “NHS England”. In subsection (4), omit paragraph (a).
In the heading of section 13W, for “Board’s” substitute “NHS England’s”.
In section 247, omit the definition of “the Board”.
In section 39 (bodies required to be notified of certain matters), in subsection (1), omit paragraph (c).
In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit sub-paragraph (i).
In the heading of section 13Y, for “Board’s” substitute “NHS England’s”.
In section 250(1), for “the National Health Service Commissioning Board (referred to in this Chapter as “the Board”)” substitute “NHS England”.
In section 45A (functions to be exercised by Healthwatch England), in subsection (6), omit paragraph (c).
In section 85 (application for licence), in subsections (1) and (2), for “Monitor” substitute “NHS England”.
In section 275(1)—
omit the definition of “the Board”;
NHS England,
In the heading of section 274, for “Board” substitute “NHS England”.
In section 59 (additional functions), in subsection (2), for “Monitor” substitute “NHS England”.
In section 86 (licensing criteria), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.
In Schedule 1A, in the italic heading before paragraph 18, for “Board” substitute “NHS England”.
In section 275, omit the definition of “the Board”.
Section 70 (Co-operation between the Care Quality Commission and Monitor) is amended as follows. In the heading, for “the Monitor” substitute “NHS England”. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)— In subsection (3) for “Monitor” substitute “NHS England”.
In section 87 (grant or refusal of licence), in subsections (2) and (3), for “Monitor” substitute “NHS England”.
In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”.
In section 88 (application and grant: NHS foundation trusts), in subsection (2), for “Monitor” substitute “NHS England”.
In section 89 (revocation of licence), for “Monitor”, in both places it occurs, substitute “NHS England”.
Section 90 (right to make representations) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)—
In section 91 (notice of decisions), in subsections (1), (2) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 92 (appeals to the Tribunal) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (3)—
In section 93 (register of licence holders), in each of subsections (1) to (4) and (6), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 94 (standard conditions) is amended as follows. In subsections (1) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”. Omit subsections (7) to (11).
Section 95 (special conditions) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)— In subsection (3), for “Monitor” substitute “NHS England”. In subsection (4)—
Section 96 (limits on Monitor’s functions to set or modify licence conditions) is amended as follows. In the heading for “Monitor’s” substitute “NHS England’s”. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)— In subsection (4), for “Monitor” substitute “NHS England”.
In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e), (f), (h), (i)(ii) and (iii) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 98 (conditions relating to the continuation of the provision of services etc) is amended as follows. In subsection (1)(a), (b) and (c), for “Monitor” substitute “NHS England”. In subsection (3), for “Monitor” substitute “NHS England”. In subsection (4) for “Monitor” substitute “NHS England”. After subsection (5) insert— In subsection (6), for “Monitor” substitute “NHS England”. In subsection (7)—
Section 99 (notification of commissioners where continuation of services at risk) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. For subsection (3) substitute— In subsection (4)— In subsection (5), omit “The Board and”.
Section 100 (modification of standard conditions) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)— In subsection (3), for “Monitor” substitute “NHS England”. In subsection (4)— In subsection (10), for “Monitor”, in both places it occurs, substitute “NHS England”.
In section 102 (modification of conditions by order under other enactments), in subsection (6)(a), for “Monitor” substitute “NHS England”.
Section 104 (power to require documents and information) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2), omit paragraph (e) (but not the “and” at the end). For subsection (4) substitute—
In section 105 (discretionary requirements), in subsections (1), (2)(a), (b) and (c) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”.
In section 106 (enforcement undertakings), in subsections (1), (4) and (5), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 108 (guidance as to use of enforcement powers) is amended as follows. In each of subsections (1) to (3), for “Monitor” substitute “NHS England”. In subsection (4)— In subsection (5), for “Monitor” substitute “NHS England”.
In section 109 (publication of enforcement action), in subsections (1) and (2), for “Monitor” substitute “NHS England”.
In section 110 (notification of enforcement action), in subsection (1)—
for “Monitor” substitute “NHS England”;
omit paragraph (a).
In section 111 (imposition of licence conditions on NHS foundation trusts), in each of subsections (1) to (2A), and (4) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 113 (orders under section 112: criteria for deciding applicable trusts) is amended as follows. In each of subsections (1) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”. In subsection (6), for “Monitor’s” substitute “NHS England’s”.
In section 128 (health special administration orders), in subsection (2), for “Monitor” substitute “NHS England”.
Section 130 (health special administration regulations) is amended as follows. In subsection (5), for “Monitor” substitute “NHS England”. In subsection (6)— In subsection (11), for paragraphs (a) and (b) substitute “such persons as the Secretary of State considers appropriate”.
In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for “Monitor” substitute “NHS England”.
In section 132 (indemnities), for “Monitor” substitute “NHS England”.
In section 134 (duty to establish mechanisms for providing financial assistance), in each of subsections (1) to (6), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 135 (power to establish fund) is amended as follows In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)— In each of subsections (3) and (5) to (8), for “Monitor” substitute “NHS England”.
In section 136 (applications), in each of subsections (1) to (3) and (6) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”.
In section 137 (grants and loans), in each of subsections (1) and (3) to (5), for “Monitor” substitute “NHS England”.
Section 138 (power to impose charges on commissioners) is amended as follows. For subsection (1) substitute— In subsection (3)(c), for “Monitor” substitute “NHS England”. In subsection (4), for “Monitor”, in both places it occurs, substitute “NHS England”. For subsection (5) substitute—
Section 139 (imposition of levy) is amended as follows. In subsection (2)— In subsection (3), for “Monitor” substitute “NHS England”.
In section 140 (power of Secretary of State to set limit on levy and charges), in subsections (1)(a) and (2), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 141 (consultation) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (3)— In subsections (4), (5)(a), (6) and (8), for “Monitor” substitute “NHS England”.
In section 143 (amount payable), in each of subsections (1), (4) to (6) and (8), for “Monitor”, in each place it occurs, substitute “NHS England”.
In section 144 (investment principles and reviews), in each of subsections (1) to (3), (4)(b) and (6), for “Monitor” substitute “NHS England”.
In section 145 (borrowing), in subsections (1) and (2), for “Monitor” substitute “NHS England”.
In section 146 (shortfall or excess of available funds, etc), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.
Section 148 (service of documents) is amended as follows. In subsection (6)(a), for “Monitor” substitute “NHS England”. Omit subsection (9).
In section 149 (electronic communications), in each of subsections (2) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”.
Section 150 is amended as follows. In subsection (1)— After subsection (1) insert—
In section 175 (objective of trust special administration), omit subsection (2).
Section 254 (powers to direct Information Centre to establish information systems) is amended as follows. In subsection (3) for “NHS Services” substitute “health services”. Omit subsection (4).
In section 255 (powers to request Information Centre to establish information systems), in subsection (9), omit paragraph (a).
In section 288 (duty to co-operate with Care Quality Commission) is amended as follows. In subsection (1), for “Monitor” substitute “NHS England”. In subsection (2)(a)— After subsection (2) insert—
Section 290 (other duties to co-operate) is amended as follows. Omit subsection (1). In subsection (3), omit paragraph (a). Omit subsections (5) and (6).
In section 291 (breaches of duties to co-operate), in subsection (2)—
in paragraph (a), for “Monitor” substitute “NHS England”;
for paragraph (b), substitute—;
in paragraph (c), for “Monitor” substitute “NHS England”.
Section 304 (regulations, orders and directions) is amended as follows. In subsection (5), omit paragraph (a). In subsection (12)(a), omit sub-paragraph (i).
Schedule 11 (further provision about Monitor’s enforcement powers) is amended as follows. In the heading, for “Monitor’s” substitute “NHS England’s”. In the following provisions for “Monitor”, in each place it occurs, substitute “NHS England”— In paragraph 13(3), for “Monitor’s” substitute “NHS England’s”.
In section 200 (care trusts), omit subsection (15).
In Schedule 13, in paragraph 10 (saving provision: general duty of regulator), omit sub-paragraph (2).
a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
Section 51 (persons with whom agreement may be made under section 50 for the provision of primary medical services) is amended as follows. In subsection (1)— In subsection (3)—
In section 184 of the National Health Service (Wales) Act 2006 (functions of overview and scrutiny committees), in subsection (2)(b), for “, the Welsh Ministers or Monitor” substitute “or the Welsh Ministers”.
In section 29A of the Health and Social Care Act 2008 (warning notice: quality of health care), in subsection (5), for paragraph (b) substitute—
The Enterprise and Regulatory Reform Act 2013 is amended as follows.
Section 65 (persons with whom agreement may be made under section 64 for the provision of primary dental services) is amended as follows. In subsection (1)— In subsection (3)—
In Schedule 4 (the Competition and Markets Authority), in paragraph 16(7), omit paragraph (g).
In Schedule 14 (regulators: use of powers under the Competition Act 1998), omit paragraphs 20 to 22.
Omit Schedule 14 (abolition of NHS trusts in England: consequential amendments).
The Secretary of State may by regulations transfer a function of a relevant body to another relevant body.
Regulations under this section may be made only if the Secretary of State considers that they serve the purpose of improving the exercise of public functions, having regard to—
efficiency,
effectiveness,
economy, and
securing appropriate accountability to Ministers.
Regulations under this section may not transfer a function of NHS England if the Secretary of State considers that to do so would make NHS England redundant.
The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes provision—
modifying functions of either relevant body (see further section 105(1));
modifying the constitutional or funding arrangements of either relevant body (see further section 105(2) and (3));
abolishing the relevant body from which functions are transferred, where the Secretary of State considers that it is redundant as a result of the transfer of functions.
Where— the Secretary of State must make provision by virtue of section 183(1)(a) modifying the constitutional arrangements of the body referred to in paragraph (a) so that they contain corresponding provision as to membership.
regulations under this section contain provision for a body to exercise a function that is exercisable in relation to Scotland, Wales or Northern Ireland,
immediately before that provision takes effect, the function is exercisable by another body whose constitutional arrangements contain provision (however expressed) for the body to include a member whose experience, functions or appointment are connected with that part of the United Kingdom, and
the Secretary of State considers that the constitutional arrangements of the body referred to in paragraph (a) do not contain corresponding provision as to membership,
In this section, “Minister” means a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).
The Secretary of State may by regulations provide for a relevant body to exercise specified functions of the Secretary of State on behalf of the Secretary of State.
The functions that may be specified are —
any functions of the Secretary of State which relate to the health service in England;
any other functions that the Secretary of State may provide for a Special Health Authority to exercise.
The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes provision—
modifying functions of the relevant body (see further section 105(1));
modifying the constitutional or funding arrangements of the relevant body (see further section 105(2) and (3)).
Where— the Secretary of State must make provision by virtue of section 183(1)(a) modifying the relevant body’s constitutional arrangements so that they contain corresponding provision as to membership.
regulations under this section contain provision for a relevant body to exercise a function of the Secretary of State that is exercisable in relation to Scotland, Wales or Northern Ireland,
immediately before that provision takes effect, the Secretary of State’s function is exercisable by a body whose constitutional arrangements contain provision (however expressed) for the body to include a member whose experience, functions or appointment are connected with that part of the United Kingdom, and
the Secretary of State considers that the relevant body’s constitutional arrangements do not contain corresponding provision as to membership,
Regulations under this section may make provision for determining whether and in what circumstances the Secretary of State or a relevant body is liable for the exercise of the specified functions by the relevant body.
The specification of a function in regulations under this section does not preclude the Secretary of State from exercising the function.
In this section “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act).
In sections 103 and 104, references to modifying the functions of a body include—
conferring a function on the body;
abolishing a function of the body;
changing the purpose or objective for which the body exercises a function;
changing the conditions under which the body exercises a function.
In sections 103 and 104, references to the constitutional arrangements of a body include matters relating to—
the name of the body;
the chair of the body (including qualifications and procedures for appointment and functions);
members of the body (including the number of members, qualifications and procedures for appointment and functions);
staff of the body exercising functions on its behalf (including qualifications and procedures for appointment and functions);
the body’s powers to employ staff;
governing procedures and arrangements (including the role and membership of committees and sub-committees);
reports and accounts.
In sections 103 and 104, references to modifying the funding arrangements of a body include—
modifying the extent to which it is funded by a Minister;
conferring power on the body to charge fees for the exercise of a function (and to determine their amount).
Regulations under section 103 or 104 may repeal and re-enact (but may not create)—
a power to make subordinate legislation,
a power of forcible entry, search or seizure,
a power to compel the giving of evidence, or
a criminal offence.
The provision which may be made by regulations under section 103 or 104 may be made by repealing, revoking or amending provision made by or under an Act, whenever passed or made.
The provision which may be made by regulations under section 103 or 104 by virtue of section 183(1)(a) includes provision repealing, revoking or amending provision made by or under any of the following, whenever passed or made—
an Act;
an Act of the Scottish Parliament;
a Measure or Act of Senedd Cymru;
Northern Ireland legislation.
In this section, “Minister” means a Minister of the Crown (as defined by section 8 of the Ministers of the Crown Act 1975).
The Secretary of State may, in connection with regulations under section 103 or 104, make one or more schemes for the transfer of property, rights and liabilities (“transfer schemes”).
A transfer scheme in connection with regulations under section 103 may provide for the transfer of property, rights or liabilities to any appropriate person from the relevant body from which functions are transferred by the regulations.
A transfer scheme in connection with regulations under section 104 may provide for the transfer of property, rights or liabilities to any appropriate person from—
the Secretary of State,
a Special Health Authority, or
any relevant body ceasing to exercise functions of the Secretary of State as a result of the regulations.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred;
make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE regulations;
make other consequential, supplementary, incidental or transitional provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme came into effect.
In subsection (5)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
For the purposes of this section—
references to rights and liabilities include rights and liabilities relating to a contract of employment;
references to the transfer of property include the grant of a lease.
For the purposes of subsection (8)(a)—
an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and
the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.
In this section “appropriate person” means—
any relevant body,
the Secretary of State,
an integrated care board,
a Special Health Authority, or
an NHS trust established under section 25 of the National Health Service Act 2006.
The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—
anything transferred under a scheme under section 106, or
anything done for the purposes of, or in relation to, a transfer under such a scheme.
The provision which may be made under subsection (1)(a) includes in particular provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything transferred;
anything transferred to be treated in a specified way for the purposes of a tax provision;
the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
The provision which may be made under subsection (1)(b) includes in particular provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;
anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;
the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
Regulations under this section are subject to annulment in pursuance of a resolution of the House of Commons.
In this section references to the transfer of property include the grant of a lease.
In this section—
“tax provision” means a provision of an enactment about a relevant tax.
In section 3B (Secretary of State’s power to require NHS England to commission services), in subsection (1)—
before paragraph (a) insert—;
after paragraph (a), insert—.
“United Kingdom national” has the meaning given by section 140(4);
Before making regulations under section 103 or 104, the Secretary of State must—
obtain the consent of the Scottish Ministers in relation to any provision—
which would be within the legislative competence of the Scottish Parliament, if contained in an Act of that Parliament, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
which modifies the functions of the Scottish Ministers;
obtain the consent of the Welsh Ministers in relation to any provision—
which would be within the legislative competence of Senedd Cymru, if contained in an Act of the Senedd, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
which modifies the functions of the Welsh Ministers;
obtain the consent of a Northern Ireland department in relation to any provision—
which would be within the legislative competence of the Northern Ireland Assembly, if contained in an Act of that Assembly, and is not merely incidental to, or consequential on, provision which would be outside that legislative competence, or
which modifies the functions of a Northern Ireland department.
Consent is not required under subsection (1)(c)(i) in relation to any provision if—
a Bill for an Act of the Northern Ireland Assembly containing the provision would require the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998, and
the provision does not affect, other than incidentally, a transferred matter (within the meaning of that Act).
Before making regulations under section 103 or 104, the Secretary of State must consult the following about a draft of the regulations—
any body to which the regulations relate, and
such other persons as the Secretary of State considers appropriate.
If, as a result of consultation under this section, it appears to the Secretary of State appropriate to change the draft regulations, the Secretary of State must carry out such further consultation with respect to the changes as the Secretary of State considers appropriate.
It is immaterial for the purposes of this section whether consent is obtained or consultation is carried out before or after the commencement of this section.
A body corporate called the Health Services Safety Investigations Body is established.
In this Part that body is referred to as “the HSSIB”.
Schedule 13 contains further provision about the HSSIB.
The HSSIB has the function of investigating incidents that—
occur in England during the provision of health care services, and
have or may have implications for the safety of patients.
The purpose of the investigations is to—
identify risks to the safety of patients, and
address those risks by facilitating the improvement of systems and practices in the provision of NHS services or other health care services in England.
In particular, where an investigation relates to an incident that did not occur during the provision of NHS services, the HSSIB must consider whether, in relation to any risks identified, the systems and practices in the provision of NHS services could be improved.
The purpose of the investigations does not include assessing or determining—
blame,
civil or criminal liability, or
whether action needs to be taken in respect of an individual by a regulatory body.
In this Part, an incident within subsection (1) is called a “qualifying incident”.
The HSSIB’s function under section 110 includes determining which qualifying incidents it will investigate, subject to subsection (2).
The Secretary of State may direct the HSSIB to carry out an investigation of—
a particular qualifying incident that has occurred, or
qualifying incidents that have occurred and are of a particular description.
A direction under subsection (2) may specify the date by which the HSSIB must publish its final report (see section 113).
A direction under subsection (2)—
must be in writing;
may be varied or revoked by subsequent directions;
may provide for a person to exercise a discretion in dealing with any matter.
Once the HSSIB has begun an investigation into a qualifying incident, it must, in such manner as it thinks appropriate, publish a statement which—
reports that it has begun the investigation,
contains a brief description of the incident, and
sets out, in general terms, the issues that the HSSIB expects to consider in the investigation.
The HSSIB may give advance notice of a statement under subsection (5) to any person the HSSIB considers may be affected by the investigation.
Where the HSSIB discontinues an investigation, it must, in such manner as it thinks appropriate, publish a statement which—
reports that it has discontinued the investigation, and
gives its reasons for doing so.
Where the HSSIB determines not to investigate a qualifying incident, it may give notice of its determination to any person the HSSIB considers to have an interest in the determination.
Notice under subsection (8) may include—
a brief description of the incident, and
the HSSIB’s reasons for not investigating it.
The HSSIB must determine and publish—
the criteria it will use in determining which incidents it investigates,
the principles which are to govern investigations,
the processes to be followed in carrying out investigations, and
the processes for ensuring that, so far as reasonable and practicable, patients and their families are involved in investigations.
The processes determined under subsection (1)(c) must include—
the procedures and methods to be used in investigations (including in the interviewing of persons), and
the time periods within which the HSSIB aims to complete investigations.
Different processes under subsection (1)(c) or (d) may be determined for different descriptions of investigation.
Anything published under subsection (1)(d) must be—
easily accessible to patients and their families, and
capable of being easily understood by them.
The HSSIB must review the criteria, principles and processes—
within the period of three years beginning with their publication under subsection (1), and
subsequently within each period of five years beginning with the completion of the previous review.
If the HSSIB revises the criteria, principles and processes it must publish them as revised.
In determining or revising the criteria, principles and processes the HSSIB must consult—
the Secretary of State, and
any other persons the HSSIB considers appropriate.
When the HSSIB completes an investigation, it must publish a report on the outcome of the investigation (the “final report”).
The final report must—
contain a statement of findings of fact made as a result of the investigation and an analysis of those findings,
make such recommendations as to the action to be taken by any person as the HSSIB considers appropriate, and
set out the HSSIB’s conclusions on the matters it considered in accordance with section 110(3) (but only if that provision is applicable to the investigation).
The final report must focus on ascertaining risks to the safety of patients and any recommendations as to the action to be taken by any person must focus on addressing those risks (rather than on the activities of individuals involved in the incident).
In particular, the final report may not include an assessment or determination of—
blame,
civil or criminal liability, or
whether action needs to be taken in respect of an individual by a regulatory body.
Information which is protected material (see section 122(2)) may be disclosed in a final report if the HSSIB determines that the benefits to the safety of patients served by the disclosure outweigh—
any adverse impact on current or future investigations by deterring persons from providing information to the HSSIB, and
any adverse impact on securing the improvement of the safety of health care services provided to patients in England.
The final report may not, without their consent, include the name of any individual—
who has provided information to the HSSIB for the purposes of the investigation, or
who was involved in the incident being investigated.
Where an investigation is carried out pursuant to a direction under section 111, the HSSIB must send a copy of the final report to the Secretary of State.
While the HSSIB is carrying out an investigation, it may publish a report on any matter relating to the investigation (an “interim report”).
An interim report may—
contain a statement of findings of fact made as a result of the investigation to date and an analysis of those findings,
make such recommendations as to the action to be taken by any person as the HSSIB considers appropriate, and
set out the HSSIB’s conclusions to date on the matters it has considered in accordance with section 110(3).
Subsections (3) to (7) of section 113 apply in relation to an interim report as they apply in relation to a final report.
Before it publishes a final or interim report, the HSSIB—
must send a draft of the report to any person who the HSSIB reasonably believes could be adversely affected by the report, and
may send a draft of the report to any other person who the HSSIB believes should be sent a draft.
If a person who the HSSIB reasonably believes could have been adversely affected by the report has died, the draft report must be sent to the person (if any) who appears to the HSSIB to best represent the interests of the person who has died.
The HSSIB must notify every person to whom a draft report is sent that the person has an opportunity to comment on the draft report before the deadline specified by the HSSIB.
If a person’s comments on a draft report are not taken into account in the final or interim report as published, the HSSIB must explain to the person why that is.
This section applies where a final or interim report includes recommendations as to the action to be taken by any person.
The HSSIB must, in such manner as it thinks appropriate, send the report to that person or make it available to them.
The report must specify the deadline for that person to provide a written response.
Before that deadline, the person must respond to the HSSIB in writing setting out the actions they propose to take in pursuance of the recommendations.
The HSSIB may publish the response.
Subsection (4) does not require a person to do anything that they could be required to do by an Act of Senedd Cymru made without the consent of a Minister of the Crown.
A final report, an interim report and the draft of a final or interim report sent to a person under section 115 are not admissible in any proceedings within subsection (2).
Those proceedings are—
proceedings to determine civil or criminal liability in respect of any matter;
proceedings before any employment tribunal;
proceedings before a regulatory body (including proceedings for the purposes of investigating an allegation);
proceedings to determine an appeal against a decision made in proceedings falling within paragraphs (a) to (c).
But the High Court may order that a final or interim report is admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them.
The HSSIB may make representations to the High Court about any application under subsection (3).
The High Court may make an order under subsection (3) only if it determines that the interests of justice served by admitting the report outweigh—
any adverse impact on current or future investigations by deterring persons from providing information for the purposes of investigations, and
any adverse impact on securing the improvement of the safety of health care services provided to patients in England.
If an investigator considers it necessary for the purposes of an investigation, the investigator may—
enter and inspect premises in England, other than premises used wholly or mainly as a private dwelling;
inspect and take copies of any document at, or capable of being viewed using equipment at, the premises;
inspect any equipment or other item at the premises;
seize and remove from the premises any document, equipment or other item (unless that would risk the safety of any patient).
In subsection (1)(b) the reference to inspecting and taking copies of any document includes requiring any document which is kept in electronic form to be produced in a form in which it is legible and can be taken away.
Where any document, equipment or other item is seized by an investigator, or any copy of a document is taken, it may be retained by the HSSIB for so long as is necessary for the purposes of the investigation.
An investigator exercising any power conferred by this section must, if asked, produce evidence of the investigator’s authority from the HSSIB to act on its behalf.
The powers conferred by subsection (1) may be exercised in relation to premises in which there is a Crown interest, but only if the HSSIB gives reasonable notice to the occupier of the premises of its intention to enter and inspect the premises.
But if the Secretary of State certifies that it appears to the Secretary of State appropriate in the interests of national security that the powers conferred by subsection (1)— those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable except in the circumstances specified.
should not be exercisable in relation to any premises in which there is a Crown interest and which are specified in the certificate, or
should not be exercisable in relation to any such premises which are so specified except in circumstances specified in the certificate,
In this section “Crown interest” means—
an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
an interest belonging to Her Majesty in right of the Crown;
an interest belonging to Her Majesty in right of the Duchy of Lancaster;
an interest belonging to the Duchy of Cornwall.
An investigator may by notice require any person—
to attend at a specified time and place and to provide information by answering questions;
to provide specified information, or information of a specified description, by a specified date;
to provide specified documents, equipment or items, or documents, equipment or items of a specified description, by a specified date.
An investigator may give a person a notice only if the investigator reasonably believes that—
in the case of a requirement under subsection (1)(a), the person is able to provide information which is necessary for the purposes of an investigation;
in the case of a requirement under subsection (1)(b)—
it is necessary to obtain the information for the purposes of an investigation, and
the person is able to provide it;
in the case of a requirement under subsection (1)(c)—
it is necessary to obtain the document, equipment or other item for the purposes of the HSSIB’s investigation function, and
the person is able to provide it.
But a person is not required by virtue of subsection (1) to provide any information, document, equipment or other item where—
its provision would risk the safety of any patient,
its provision might incriminate the person, or
in the case of information or a document, the person would be entitled to refuse to provide it in any proceedings in any court on the grounds that it is the subject of legal professional privilege.
A notice must—
specify the grounds for the investigator believing the matters in subsection (2),
give an explanation of the consequences of failing to comply with the notice (see section 121), and
attach evidence of the investigator’s authority from the HSSIB to exercise the powers conferred by this section.
If a notice requires a person to provide anything which is kept in electronic form, the notice may require it to be provided in a form in which it is legible.
An investigator may withdraw a notice under subsection (1) by giving notice of withdrawal to the person to whom the notice was given.
Where any document, equipment or other item is provided to an investigator pursuant to a notice, it may be retained by the HSSIB for so long as is necessary for the purposes of the HSSIB’s investigation function, unless its retention would risk the safety of any patient.
Where a person attends to answer questions pursuant to a notice under subsection (1)(a), the HSSIB—
must reimburse the person the reasonable costs incurred in attending;
may record, by any means, the answers given.
In this section “specified” means specified in the notice.
A person may disclose any information, document, equipment or other item to the HSSIB if the person reasonably believes that the disclosure is necessary for the purpose of enabling the HSSIB to carry out its investigation function.
A person commits an offence if the person—
intentionally obstructs an investigator in the performance of functions conferred by section 118, or
fails without reasonable excuse to comply with a notice given under section 119.
A person commits an offence if the person provides information to the HSSIB for the purposes of the HSSIB’s investigation function which the person knows or suspects is false or misleading in a material respect.
It is a defence for a person charged with an offence under subsection (2) to show that—
the person reasonably believed that the information would assist the HSSIB in carrying out its investigation function, and
at the time of providing the information the person informed the HSSIB that the person knew or suspected that it was false or misleading.
If a person charged with an offence under subsection (2) relies on the defence under subsection (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
A person who commits an offence under this section is liable on summary conviction to a fine.
Subsections (1)(a) and (5) apply to persons in the public service of the Crown as they apply to other persons.
The HSSIB, or an individual connected with the HSSIB, must not disclose protected material to any person.
In this Part “protected material” means any information, document, equipment or other item which—
is held by the HSSIB, or an individual connected with the HSSIB, for the purposes of the HSSIB’s investigation function,
relates to a qualifying incident (whether or not investigated by the HSSIB), and
has not already been lawfully made available to the public.
In this Part “individual connected with the HSSIB” means—
a member of the HSSIB,
a member of a committee or sub-committee of the HSSIB,
an investigator, or
an individual (other than an investigator) who works for the HSSIB.
For the purposes of subsection (3)(d) an individual “works for” the HSSIB if the individual works—
under a contract of employment with the HSSIB,
under a contract of apprenticeship with the HSSIB,
under a contract under which the individual undertakes to do or perform personally any work or services for the HSSIB, or
as an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) in circumstances where the HSSIB is the hirer within the meaning of those Regulations.
An individual who was, but has ceased to be, connected with the HSSIB must not disclose to any person, other than the HSSIB or an individual connected with the HSSIB, any information, document, equipment or other item held by that individual—
which the individual obtained because they were connected with the HSSIB,
which, at the time they ceased to be connected with the HSSIB, was protected material, and
which has not already been lawfully made available to the public.
Section 122(1) does not apply to a disclosure which is required or authorised by—
Schedule 14,
any other provision of this Part, or
regulations made by the Secretary of State.
Regulations under subsection (1)(c) may, for example, require or authorise disclosures of protected material by reference to—
the kind of material that it is (for example, a particular kind of equipment),
the matters to which it relates,
the person from whom it was obtained,
the purpose for which it was produced or is held, or
the purpose for which it is disclosed.
But regulations under subsection (1)(c) may not require or authorise disclosures of protected material by reference to the qualifying incident to which the material relates.
Regulations under subsection (1)(c) may provide for a person to exercise a discretion in dealing with any matter.
Subject to subsection (6), regulations under subsection (1)(c) may provide that disclosures which are required or authorised by the regulations do not breach—
obligations of confidence owed by the person making the disclosure, or
any other restrictions on disclosure.
Nothing in regulations under subsection (1)(c) operates to require or authorise disclosures which would contravene the data protection legislation (but, for the purposes of this subsection, in determining whether any disclosure required or authorised by the regulations would do so, take the requirement or authorisation into account).
A person commits an offence if the person—
breaches the prohibition in section 122(1) by knowingly or recklessly disclosing protected material to another person, and
knows or suspects that the disclosure is prohibited.
An individual who was, but has ceased to be, connected with the HSSIB commits an offence if the individual—
breaches the prohibition in section 122(5) by knowingly or recklessly disclosing any information, document, equipment or other thing to another person, and
knows or suspects that the disclosure is prohibited.
Subsection (4) applies where protected material is disclosed to a person not connected with the HSSIB—
in a draft report sent to the person under section 115(1),
under paragraph 2, 3 or 4 of Schedule 14 (disclosures for purposes of an investigation, offence or safety risk), or
under regulations under section 123(1)(c).
The person not connected with the HSSIB to whom protected material is disclosed as specified in subsection (3) commits an offence if the person—
knowingly or recklessly discloses the protected material to another person without reasonable excuse, and
knows or suspects that it is protected material.
A person who commits an offence under this section is liable on summary conviction to a fine.
A power under any enactment (whenever passed or made) other than this Part to require the disclosure of, or to seize, any information, document, equipment or other item may not be used—
to require the disclosure of protected material by the HSSIB, or
to seize protected material from the HSSIB.
Subsection (1) applies to a power to require disclosure, or to seize, however it is expressed (and, for example, it applies if the power is to require a person to give, supply, furnish or produce any information, document, equipment or other item).
Subsection (1) does not apply to a power to the extent that the provision conferring it is within the legislative competence of a devolved legislature.
A provision is within the legislative competence of a devolved legislature if—
it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could only be made with the consent of a Minister of the Crown);
the provision—
would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly, and
would not, if contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
References to the HSSIB in subsection (1) include—
an individual connected with the HSSIB, and
an individual who was, but has ceased to be, connected with the HSSIB.
This section applies where—
the HSSIB is carrying out an investigation into a qualifying incident, and
a listed person is also carrying out an investigation into the same or a related incident.
The HSSIB and the listed person must co-operate with each other regarding practical arrangements for co-ordinating those investigations.
The following are listed persons—
an NHS foundation trust, an NHS trust or any other person providing NHS services;
NHS England;
an integrated care board;
a Special Health Authority;
the Care Quality Commission;
the Health Research Authority;
the Human Tissue Authority;
the Human Fertilisation and Embryology Authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Health Service Commissioner for England;
the Parliamentary Commissioner for Administration;
any regulatory body;
the Health and Safety Executive;
the Commissioner for Patient Safety.
The HSSIB must publish guidance about when a qualifying incident is to be regarded as related to another incident for the purposes of this section.
If the HSSIB revises the guidance the HSSIB must publish it as revised.
The HSSIB must comply with—
any request by a relevant NHS body to provide it with assistance in connection with the carrying out of investigations into incidents occurring during the provision of NHS services or occurring at premises at which NHS services are provided;
any request by NHS England to provide any other relevant NHS body with such assistance;
any request by the Secretary of State to provide a relevant NHS body with such assistance.
In subsection (1) “relevant NHS body” means—
an NHS foundation trust;
an NHS trust;
NHS England;
an integrated care board.
For the purposes of this section giving assistance includes—
disseminating information about best practice,
developing standards to be adopted, and
giving advice, guidance or training.
Subsection (1) does not apply if—
the assistance requested is giving advice, guidance or training, and
the HSSIB determines that it is impracticable for it to give the assistance.
The HSSIB may give assistance to a person other than a relevant NHS body in relation to any matter connected with the carrying out of investigations if the HSSIB has been requested to provide the assistance by the person to whom it is to be given.
But the HSSIB may give assistance under subsection (5) only to the extent that the assistance does not to any significant extent interfere with the exercise by the HSSIB of its investigation function.
The activities which the HSSIB may carry out in, or in connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom.
The HSSIB may impose charges for or in connection with giving assistance under subsection (5).
Charges under subsection (8) may be calculated on the basis that the HSSIB considers to be the appropriate commercial basis.
The HSSIB may enter into an agreement with any person for the HSSIB to carry out an investigation falling within subsection (2).
An investigation falls within this subsection if—
it is an investigation into one or more incidents that have occurred, or are occurring, in the United Kingdom—
during the provision of any of the services mentioned in subsection (3), or
at premises at which any of those services are, or were, provided,
the incident or incidents have or may have implications for the safety of persons for whom those services are provided,
the investigation is carried out for the purpose of identifying risks to the safety of such persons and addressing those risks by facilitating the improvement of systems and practices in the provision of any of the services mentioned in subsection (3), and
the investigation does not involve the assessment or determination of blame or civil or criminal liability.
The services referred to in subsection (2) are—
services provided for the purposes of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006, and
health care, within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009, provided for the purposes of the system promoted under section 2(1) of that Act.
The HSSIB may impose charges for providing services under an agreement under subsection (1).
Those charges must not exceed the costs incurred by the HSSIB in providing the services.
The HSSIB may enter into an agreement under subsection (1) only if it considers that the provision of the services under the agreement will not to any significant extent interfere with the exercise by the HSSIB of its investigation function.
This section applies if the Secretary of State considers that—
the HSSIB is failing or has failed to exercise any of its functions, and
the failure is significant.
The Secretary of State may direct the HSSIB to exercise such of its functions, in such manner and within such period, as the direction specifies.
But the Secretary of State may not give a direction under subsection (2) which directs the outcome of a particular investigation.
If the HSSIB fails to comply with a direction under subsection (2), the Secretary of State may—
exercise the functions specified in the direction, or
make arrangements for some other person to exercise them on the Secretary of State’s behalf.
The reference in subsection (1)(a) to exercising a function includes a reference to exercising it properly.
A direction under subsection (2)—
must be in writing;
may be varied or revoked by subsequent directions.
Before the end of the period mentioned in subsection (2), the Secretary of State must—
review the effectiveness of the exercise by the HSSIB of its investigation function,
prepare and publish a report of the review, and
lay the report before Parliament.
The period is four years beginning with the day on which section 110 comes into force.
Where an offence under this Part is committed by a body corporate and is proved— the officer (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the body corporate, or
to be attributable to any neglect on the part of an officer of the body corporate,
In subsection (1) “officer”, in relation to a body corporate, means— In paragraph (a) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
a director, manager, secretary or other similar officer, or
any person purporting to act in any such capacity.
Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.
Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.
For the purposes of such proceedings Schedule 3 to the Magistrates’ Courts Act 1980 applies as it applies in relation to a body corporate.
A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
Where an offence is committed by a partnership and is proved— the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of a partner, or
to be attributable to any neglect on the part of a partner,
In this section—
the Health and Care Professions Council, or
“patients” means individuals for whom health care services are provided;
NHS England, or
Any reference to Monitor in an instrument or other document made before the day on which section 33(2) comes into force is to be read, in relation to any time after that provision comes into force, as a reference to NHS England.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc referred to in section 1), omit the entry for Monitor.
In section 49B of the Employment Rights Act 1996 (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), omit paragraph (k).
In section 163 of the National Health Service (Wales) Act 2006 (trustees and property under section 169) in subsection (3), omit “, or paragraph 10 of Schedule 4 to the National Health Service Act 2006”.
The Local Audit and Accountability Act 2014 is amended as follows.
In section 105 of the Children Act 1989 (interpretation), for subsection (7B) substitute—
In section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), in subsection (1)—
at the end of paragraph (a) insert “(including any function that consists of exercising the function of another person)”;
in paragraph (c), omit “section 75 of the National Health Service Act 2006 or”;
omit paragraph (d).
In section 97 of the Health and Social Care Act 2008 (general interpretation of Part), for subsection (2A) substitute—
In section 9E of the Company Directors Disqualification Act 1986 (disqualification for competition infringements: interpretation), in subsection (2), omit paragraph (f).
The Health and Social Care Act 2012 is amended as follows.
The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the prosecution or investigation of an offence under section 121 (offences relating to investigations) or 124 (unlawful disclosure).
The Chief Investigator may arrange for the Chief Investigator’s functions under any provision of this Schedule to be exercised by an investigator. An arrangement under this paragraph may relate to a particular case, a particular class of case or all cases.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (p) (inserted by Schedule 4 to this Act) insert—
In section 48(6) of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) after “the Care Quality Commission,” insert “the Health Services Safety Investigations Body,”.
The National Health Service Act 2006 is amended as follows. In section 9(4) (NHS contracts) after paragraph (kc) insert—. In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies: bodies eligible to participate) after paragraph (fa) insert—. In section 247C(2) (Secretary of State’s duty to keep health service functions under review) after paragraph (ea) insert—. In section 253 (emergency powers)—
Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available) is amended as follows. After paragraph 25 insert— After paragraph 43 insert— After paragraph 67 insert—
Pending the commencement of its repeal by section 81(2)(d) of the Disclosure (Scotland) Act 2020, paragraph 2 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences) has effect as if it included a reference to an individual who commits an offence under any of sections 140 to 142 or 152 to 154 of this Act (offences relating to virginity testing and hymenoplasty).
In this Part of this Schedule— In this Part of this Schedule— In this Part of this Schedule— In this Part of this Schedule—
For the purposes of section 14(3)(a) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement gamete storage licence under which, on and after the commencement day, gametes are kept in storage is to be regarded as specifying the period of 55 years beginning with the day on which the gametes were first placed in storage. For the purposes of section 14(3)(b) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement embryo storage licence under which, on and after the commencement day, an embryo is kept in storage for treatment purposes is to be regarded as specifying for those purposes the period of 55 years beginning with the day on which the embryo was first so kept.
This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence where the statutory storage period applicable immediately before the commencement day was provided for by— For the purposes of paragraph 11A of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11B(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the relevant day were a reference to the period which—
After section 368F of the Communications Act 2003 insert—
“specified cosmetic procedure” means a cosmetic procedure of a description specified in the regulations;
In section 2 of the Health Act 2009 (duty to have regard to NHS constitution), in subsection (6)—
for paragraph (a) substitute—;
after paragraph (c) insert—;
after paragraph (e) insert—.
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”, for paragraph (cb) substitute—.
An integrated care board established under section 14Z25 of the National Health Service Act 2006.
The Social Services and Well-being (Wales) Act 2014 is amended as follows.
Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended as follows. In subsection (3)(b), for “Chapter A2 of Part 2 of the NHSA 2006 (clinical commissioning groups)” substitute “Chapter A3 of Part 2 of the NHSA 2006 (integrated care boards)”. In subsection (5)—
The Network and Information Systems Regulations 2018 are amended as follows.
The Police, Crime, Sentencing and Courts Act 2022 is amended as follows.
Section 136 of the Enterprise Act 2002 (investigations and reports on market investigation references) is amended as follows. In subsection (7), omit paragraph (i). In subsection (8), omit “, Monitor”.
As soon as practicable after the end of each financial year, the HSSIB must prepare an annual report on how it has exercised its functions during the financial year to which the report relates. The report must, among other things, set out the measures that the HSSIB has taken to ensure that its functions are exercised effectively, efficiently and economically. The HSSIB must send a copy of the report to the Secretary of State. The Secretary of State must lay a copy of the report before Parliament. The HSSIB must publish the report once it has been laid before Parliament. Subject to sub-paragraph (7), the Secretary of State may require the HSSIB to provide to the Secretary of State such other reports and information relating to the exercise of its functions as the Secretary of State may request. The Secretary of State may not require the HSSIB to provide any reports or information that relate to an investigation that the HSSIB is carrying out or has carried out.
In section 47 (exception for provision of health services), in subsection (10)—
in the English language text—
an integrated care board;
an integrated care board;
in the Welsh language text—
bwrdd gofal integredig;
bwrdd gofal integredig;
In regulation 1(2) (interpretation), in the definition of “OES”, after “regulation 8(1)” insert “or (2A)”.
Section 25 (relevant review partners) is amended as follows. In subsection (2)(c) for “a clinical commissioning group” substitute “an integrated care board”. In subsection (3)(c) for “clinical commissioning group” substitute “integrated care board”.
In section 77 (accommodation for children in police protection or detention or on remand etc), in subsection (4)(b)(ii)—
in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;
in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.
Regulation 8 (identification of operators of essential services) is amended as follows. After paragraph (2) insert— In paragraph (8), after “paragraph (1)” insert “or (2A)”.
In section 36 (interpretation), in subsection (1)—
omit the definition of “clinical commissioning group”;
at the appropriate place insert—;
an integrated care board, or
the Human Fertilisation and Embryology Authority,
In section 54 of the Competition Act 1998 (list of regulators), in subsection (1), omit paragraph (h).
The HSSIB is not to be regarded— The HSSIB’s property is not to be regarded—
The other executive members of the HSSIB are to be appointed by the non-executive members. The non-executive members may not appoint more than five other executive members without the consent of the Secretary of State. The other executive members are to be employees of the HSSIB.
The Human Fertilisation and Embryology Act 1990 is amended as follows.
In section 104 (young people entitled to support under sections 105 to 115), in subsection (3)(d)(ii)—
in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;
in the Welsh language text, for “grŵp comisiynu clinigol” substitute “bwrdd gofal integredig”.
In Schedule 1 (specified authorities and local government areas), in the table headed “Health and social care”—
for “A clinical commissioning group established under section 14D” substitute “An integrated care board established under section 14Z25”;
for “the group’s” substitute “the board’s”.
In section 118 (information), in subsection (2)(c)—
in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;
in the Welsh language text, for “grŵp comisiynu clinigol” substitute “bwrdd gofal integredig”.
In section 164A (duty of other persons to co-operate and provide information), in subsection (4)(d)—
in the English language text, for “clinical commissioning group” substitute “integrated care board”;
in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.
In section 193 (recovery of costs between local authorities), in subsection (4)(c)—
in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;
in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.
In section 197 (general interpretation and index of defined expressions), in subsection (1)—
in the English language text—
omit the definition of “clinical commissioning group”;
at the appropriate place insert—;
in the Welsh language text—
omit the definition of “grŵp comisiynu clinigol”;
at the appropriate place insert—.
In section 3 (general requirements for accounts), for subsection (9) substitute—
In section 74 (competition functions: supplementary), omit subsections (1) to (6).
This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence where the statutory storage period applicable immediately before the commencement day was provided for by— For the purposes of paragraph 11C of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11D(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the day on which the embryo was first placed in storage were a reference to the period which—
In section 4 (general requirements for audit), at the end insert—
In section 288 (Monitor: duty to cooperate with Care Quality Commission), omit subsection (3).
In section 8 (procedure for appointment), in subsection (4), at the end insert—
In section 10 (functions of auditor panel), in subsection (10), at the end insert—
In section 12 (failure to appoint local auditor), in subsections (1) and (2), for “a clinical commissioning group,” substitute “a health service body”.
Section 13 (failure of clinical commissioning group to appoint local auditor) is amended as follows. In the heading, for “clinical commissioning group” substitute “health service bodies”. In subsections (1) and (2), for “clinical commissioning group” substitute “health service body”. In subsection (4)— In subsection (5)(a), for “clinical commissioning group” substitute “health service body”. In subsection (6)— In subsection (7), for “clinical commissioning group” substitute “health service body”.
In section 21 (general duties of auditors of accounts of health service bodies), after subsection (2) insert—
In section 30 (unlawful expenditure or activity of health service bodies), in subsection (2), for paragraph (b) substitute—
In section 43 (orders and regulations), in subsection (6), omit paragraphs (b) and (c).
In section 44 (interpretation), in the definition of “accounts”, for “(5)” substitute “(6)”.
Omit section 47 (application to NHS trusts and trustees).
In Schedule 2 (relevant authorities), after paragraph 23 insert—
In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5, in the modified section 1214 of the Companies Act 2006—
in subsection (1), after “(3),” insert “(3A),”;
This subsection applies if—
Schedule 7 (reports and recommendations) is amended as follows. In paragraph 2, in sub-paragraph (3)(d), for “clinical commissioning group” substitute “health service body”. In paragraph 3, in sub-paragraph (2)(c), for “clinical commissioning group” substitute “health service body”. In paragraph 4, in sub-paragraph (8), at the end insert—
Subject to subsection (2), a disclosure of any information, document, equipment or other item which is required or authorised by or under section 119 or 120 or Schedule 14 does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on disclosure.
Nothing in this Part operates to require or authorise a disclosure of information which would contravene the data protection legislation (but, for the purposes of this subsection, in determining whether a disclosure required or authorised by or under this Part would do so, take the requirement or authorisation into account).
Schedule 15 contains amendments consequential on this Part.
In this Part—
“United Kingdom national” has the meaning given by section 148(4);
It is an offence under the law of England and Wales for a person to carry out virginity testing.
“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
An offence is committed under subsection (1) only if the person—
is in England and Wales, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in England and Wales.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
In subsection (2), “female genitalia” means a vagina or vulva.
It is an offence under the law of England and Wales—
for a person in England and Wales to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in England and Wales.
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 136 of any rule of law relating to aiding, abetting, counselling or procuring.
In this section—
A person who commits an offence under section 136, 137 or 138 is liable—
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
In subsection (1)(a) “the maximum summary term for either-way offences” means—
in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
in relation to an offence committed after that time, 12 months.
It is an offence under the law of Scotland for a person to carry out virginity testing.
“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
An offence is committed under subsection (1) only if the person—
is in Scotland, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
In subsection (2), “female genitalia” means a vagina or vulva.
It is an offence under the law of Scotland—
for a person in Scotland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Scotland.
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
“United Kingdom national” has the meaning given by section 152(4);
In section 1 of the Access to Health Records Act 1990 (“Health record” and related expressions) as it has effect under the law of England and Wales, in subsection (2)—
in paragraph (a)—
before “or a Local Health Board” insert “, an integrated care board”;
for “the Board” substitute “or the integrated care board or Local Health Board”;
after paragraph (a) insert—;
in paragraph (aa)—
for “92 or 107” substitute “83, 92, 99A or 107”;
before “or a Local Health Board” insert “, an integrated care board”;
for “the Board” substitute “or the integrated care board or Local Health Board”.
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 43A(a), for “92 or 107” substitute “83, 92, 99A, 107 or 116A”.
The National Health Service Act 2006 is amended as follows.
In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for the provision of medical evidence of domestic abuse), in subsection (5)(a), for sub-paragraph (ii) substitute—.
In section 51C of the Crime and Disorder Act 1998 (notices in certain cases involving children), in subsection (3)—
after paragraph (da) insert—;
for “paragraph (a), (b), (c), (d) or (da)” substitute “any of paragraphs (a) to (db)”.
In section 80 (supply of goods and services by the Secretary of State and NHS bodies), in subsections (5) and (7), before “may” insert “or an integrated care board”.
Section 259 (sale of medical practices) is amended as follows. In subsection (4)(e), for “83(2)” substitute “83”. In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”.
In section 276 (index of defined expressions)—
in the entry relating to “primary dental services” for “section 99” substitute “section 98C”;
in the entry relating to “primary medical services” for “section 83” substitute “section 82A”;
in the entry relating to “primary ophthalmic services” for “section 115” substitute “section 114C”.
In Schedule 4 (NHS trusts), for paragraph 24 and the italic heading before it substitute—
It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of virginity testing that has a sufficient jurisdictional connection.
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 140 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
In this section—
A person who commits an offence under section 140, 141 or 142 is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Where a person outside Scotland commits an offence under section 140, 142 or 143 the person may be prosecuted, tried and punished for the offence— as if the offence had been committed in that district.
in a sheriff court district in which the person is apprehended or in custody, or
in a sheriff court district determined by the Lord Advocate,
Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).
It is an offence under the law of Northern Ireland for a person to carry out virginity testing.
“Virginity testing” means the examination of female genitalia, with or without consent, for the purpose (or purported purpose) of determining virginity.
An offence is committed under subsection (1) only if the person—
is in Northern Ireland, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
In subsection (2), “female genitalia” means a vagina or vulva.
It is an offence under the law of Northern Ireland—
for a person in Northern Ireland to offer to carry out virginity testing in the United Kingdom or virginity testing that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out virginity testing if the person is a United Kingdom national or habitually resident in Northern Ireland.
Virginity testing has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (o) insert—.
The Health Services and Public Health Act 1968 is amended as follows.
In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
omit the entry for a clinical commissioning group;
An integrated care board
In section 67A of the Finance Act 2003 (acquisitions by certain health service bodies), in subsection (1), for paragraph (b) substitute—.
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows. After paragraph 4A insert— Omit paragraph 29ZA.
Section 343AA of the Armed Forces Act 2006 (due regard to principles: England) (as inserted by section 8(3) of the Armed Forces Act 2021) is amended as follows. In subsection (3), for paragraph (h) substitute—. In subsection (8)—
The National Health Service Act 2006 is amended as follows.
In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), in subsection (8E)—
for “a clinical commissioning group” substitute “an integrated care board”;
for “the clinical commissioning group” substitute “the integrated care board”.
In Schedule 6 to the Local Audit and Accountability Act 2014 (codes of audit practice and guidance), in paragraph 10(4)(a), for “Monitor” substitute “NHS England”.
The National Health Service Act 2006 is amended as follows.
In section 92 of the Care Act 2014 (care standards: false or misleading information offence), omit subsections (7) and (8).
In section 63 (provision of instruction for officers of hospital authorities etc), in subsections (1)(a) and (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
In section 1H (NHS England and its general functions), in subsection (3)(b), for “clinical commissioning groups” substitute “integrated care boards”.
In section 215 (trustees and property under section 222), in subsection (3)(b), omit “paragraph 10 of Schedule 4, or”.
In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), for “a clinical commissioning group” substitute “an integrated care board”.
Section 6 (performance of functions outside England) is amended as follows. In subsection (1A), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (2), for “clinical commissioning groups” substitute “integrated care boards”.
In section 217 (supplementary provisions about trusts), in subsection (1), omit paragraph (h) (but not the “and” at the end).
Section 6E (regulations as to the exercise of functions) is amended as follows. In the heading, for “clinical commissioning groups” substitute “integrated care boards”. In subsections (1) and (2), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”. In subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”. In subsections (4)(a) and (c), (5)(a) and (b) and (7), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”. In subsection (8), for “clinical commissioning group” substitute “integrated care board”. In subsection (10)(a) and (b), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.
In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph (2A).
In section 9 (NHS contracts), in subsection (4), for paragraph (zb) substitute—.
Section 12 (arrangements with other bodies) is amended as follows. In subsection (2), for paragraph (b) substitute—. In subsection (4), for paragraph (ab) substitute—.
Section 12ZA (commissioning arrangements) is amended as follows. In the heading, for “clinical commissioning groups” substitute “integrated care boards”. In subsections (1), (3) and (4), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (5), for paragraph (c) substitute—. In subsection (9), in the definition of “service provider”, for “a clinical commissioning group” substitute “an integrated care board”.
Section 12A (direct payments for health care) is amended as follows. In subsections (1) and (2)(aa), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (4)—
In section 12B (regulations about direct payments), in subsections (2)(d), (g), (h) and (j), (4) and (5)(a) and (b), for “a clinical commissioning group”, in each place it occurs, substitute “an integrated care board”.
In section 12D (arrangements with other bodies relating to direct payments), in subsections (1) and (3), for “a clinical commissioning group” substitute “an integrated care board”.
In section 13A (mandate), in subsection (6), for “clinical commissioning group” substitute “integrated care board”.
In section 13N (duty as to promoting integration), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.
In section 13R (information on safety of services provided by the health service), in subsection (6), for “A clinical commissioning group” substitute “An integrated care board”.
In section 13V (pooled funds), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.
In Part 2, omit Chapter A2 (clinical commissioning groups).
In section 71 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2), for paragraph (zb) substitute—.
In section 74 (supply of goods and services by local authorities), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.
In section 76 (power of local authorities to make payments), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
Section 77 (care trusts) is amended as follows. In subsection (1), in paragraph (a), for “an NHS trust or a clinical commissioning group” substitute “an integrated care board, an NHS trust”. In subsection (10), for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”. In subsection (12), in the definition of “NHS functions”, for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”.
In section 80 (supply of goods and services by the Secretary of State, the Board and clinical commissioning groups) is amended as follows. In the heading, for “clinical commissioning groups” substitute “integrated care boards”. In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”. For subsection (3A) substitute— In subsection (4), for “a clinical commissioning group” substitute “an integrated care board”. For subsection (6A) substitute— In subsection (9)— Omit subsection (10).
In section 183 (payment of travelling expenses), in paragraphs (a), (b) and (c), for “a clinical commissioning group” substitute “an integrated care board”.
In section 185 (charges for more expensive supplies), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
In section 186 (charges for repairs and replacements in certain cases), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
In section 187 (charges for designated services or facilities), for “section 3(1)(d) or (e)” substitute “section 3(1)(e) or (f)”.
In section 188 (sums otherwise payable to those providing services), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.
In section 196 (persons and bodies about which provision is made by this Part), in subsection (3), for paragraph (zb) substitute—.
In section 201 (disclosure of information), in subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”.
In section 214 (transfer of functions and property to or from Welsh special trustees), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.
In section 222 (power to raise money), in subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”.
For section 223A (application of provision about public-private partnerships) substitute—
In section 223B (funding of NHS England), in subsection (8), for “14Z1” substitute “14Z42”.
In section 223F (power to establish contingency fund), in subsection (2)(b), for “a clinical commissioning group” substitute “an integrated care board”.
Section 223G (means of meeting expenditure of clinical commissioning groups out of public funds) is amended as follows. In the heading, for “clinical commissioning groups” substitute “integrated care boards”. In subsection (1)— In subsection (2)— In subsection (3)— In subsections (5) and (6), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (7), for “clinical commissioning groups” substitute “integrated care boards”. Omit subsection (8).
Section 223GA (expenditure on integration) is amended as follows. In subsection (3), for “the group” substitute “the integrated care board”. In subsection (4)(a)— In subsections (5)(c) and (6)(b), for “clinical commissioning group” substitute “integrated care board”. In subsections (10)(b) and (11), for “14Z1” substitute “14Z42”.
Section 223K (payments in respect of quality) is amended as follows. In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (6), omit the words from “(which may include” to the end. In subsection (7)—
Section 236 (payments for certain medical examinations) is amended as follows. In subsection (1), for “clinical commissioning group” substitute “integrated care board”. In subsection (2)(b)(ii), for “a clinical commissioning group” substitute “an integrated care board”.
Section 244 (review and scrutiny by local authorities) is amended as follows In subsection (2ZA)(c) and (d), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (3A), for paragraph (a) substitute—. Omit subsection (3B).
In the italic heading before section 252A, for “clinical commissioning groups” substitute “integrated care boards”.
In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies). In the heading, for “clinical commissioning groups” substitute “integrated care boards”. In subsections (1), (2) and (3), for “clinical commissioning group” substitute “integrated care board”. In subsection (6), for “clinical commissioning groups” substitute “integrated care boards”. In subsection (10), in the definition of “relevant emergency”, in paragraph (a)—
Section 256 (power of NHS England or a clinical commissioning group to make payments towards expenditure on community services) is amended as follows. In the heading, for “a clinical commissioning group” substitute “an integrated care board”. In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”. In subsection (3)—
In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2), for “clinical commissioning group” substitute “integrated care board”.
Section 258 (university clinical teaching and research) is amended as follows. In subsection (1), for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”. In subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
In section 269 (special notices of births and deaths), in subsection (11), for paragraph (b) substitute—.
In section 270 (provision of information by Registrar General), in subsection (1), for paragraph (c) substitute—.
In section 271A (services to be treated as services of the Crown for certain purposes), in subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.
Section 272 (orders, regulations, rules and directions) is amended as follows. In subsection (5), omit paragraph (za). In subsection (6), omit paragraph (zza).
In section 275 (interpretation), in subsection (1)—
omit the definition of “clinical commissioning group”;
in the definition of “financial year”, after “any year” insert “(except that in relation to an integrated care board it has the meaning given by section 14Z52(8))”;
at the appropriate places insert—; ;
an integrated care board,
group of people for whom an integrated care board has core responsibility section 14Z31 partner, in relation to an NHS trust or NHS foundation trust and an integrated care board section 14Z48
Schedule A1 (NHS England) is amended as follows. In paragraph 16(2)(b), for “clinical commissioning group” substitute “integrated care board”. In paragraph 17(2)(b)—
Schedule 1 (further provision about services) is amended as follows. For paragraph 9 substitute— In paragraph 10— In paragraph 13—
The annual report must, in particular, review the extent to which the NHS trust has exercised its functions in accordance with the plans published under—
The reports must, in particular, review the extent to which the public benefit corporation has exercised its functions in accordance with the plans published under—
In Schedule 12A (pharmaceutical remuneration), in paragraph 2—
in the heading for “clinical commissioning groups” substitute “integrated care boards”;
in sub-paragraph (3), for “clinical commissioning group” substitute “integrated care board”;
in sub-paragraph (4), for “clinical commissioning groups” substitute “integrated care boards”;
in sub-paragraph (5), for “clinical commissioning group” substitute “integrated care board”;
in sub-paragraph (6)—
for “a clinical commissioning group” substitute “an integrated care board”;
in paragraphs (a) and (b), for “the group”, in both places it occurs, substitute “the board”;
in sub-paragraph (8), for “a clinical commissioning group” substitute “an integrated care board”;
For the purposes of sections 223GC and 223M(1)(b) and paragraph 22 of Schedule 1B, any amount of which an integrated care board is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.
It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of virginity testing that has a sufficient jurisdictional connection.
Virginity testing has a sufficient jurisdictional connection fr the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 144 of any rule of law relating to aiding, abetting, counselling or procuring.
In this section—
A person who commits an offence under section 144, 145 or 146 is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
It is an offence under the law of England and Wales for a person to carry out hymenoplasty.
“Hymenoplasty” means the reconstruction of the hymen (with or without consent).
An offence is committed under subsection (1) only if the person—
is in England and Wales, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in England and Wales.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
It is an offence under the law of England and Wales—
for a person in England and Wales to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in England and Wales.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 148 of any rule of law relating to aiding, abetting, counselling or procuring.
In this section—
A person who commits an offence under section 148, 149 or 150 is liable—
on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
In subsection (1)(a) “the maximum summary term for either-way offences” means—
in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
in relation to an offence committed after that time, 12 months.
It is an offence under the law of Scotland for a person to carry out hymenoplasty.
“Hymenoplasty” means the reconstruction of the hymen (with or without consent).
An offence is committed under subsection (1) only if the person—
is in Scotland, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
It is an offence under the law of Scotland—
for a person in Scotland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Scotland.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 152 of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
In this section—
A person who commits an offence under section 152, 153 or 154 is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Where a person outside Scotland commits an offence under section 152, 153 or 154 the person may be prosecuted, tried and punished for the offence— as if the offence had been committed in that district.
in a sheriff court district in which the person is apprehended or in custody, or
in a sheriff court district determined by the Lord Advocate,
Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).
It is an offence under the law of Northern Ireland for a person to carry out hymenoplasty.
“Hymenoplasty” means the reconstruction of the hymen (with or without consent).
An offence is committed under subsection (1) only if the person—
is in Northern Ireland, or
is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
“United Kingdom national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
It is an offence under the law of Northern Ireland—
for a person in Northern Ireland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Northern Ireland.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
a United Kingdom national, or
habitually resident in the United Kingdom.
In this section—
It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
in the United Kingdom,
a United Kingdom national, or
habitually resident in the United Kingdom.
This section does not affect the application to an offence under section 156 of any rule of law relating to aiding, abetting, counselling or procuring.
In this section—
A person who commits an offence under section 156, 157 or 158 is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
Schedule 16 contains consequential amendments.
In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—
in subsection (8A) for “special medicinal products” substitute any of the following—;
in subsection (8D)—
for “special medicinal products are” substitute “anything within subsection (8A)(a) to (e) is”;
in paragraph (b), for “special medicinal products” substitute “that thing,”;
in subsection (8E), omit the definition of “special medicinal product”;
after subsection (8E) insert—
In section 88 of the National Health Service (Wales) Act 2006 (remuneration for persons providing pharmaceutical services)—
in subsection (8A) for “special medicinal products” substitute any of the following—;
in subsection (8D)—
for “special medicinal products are” substitute “anything within subsection (8A)(a) to (e) is”;
in paragraph (b), for “special medicinal products” substitute “that thing,”;
in subsection (8E), omit the definition of “special medicinal product”;
after subsection (8E) insert—
The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 is renamed the Healthcare (International Arrangements) Act 2019.
That Act is amended as follows.
Omit section 1 (power to make healthcare payments).
For section 2 substitute—
In section 3 (meaning of “healthcare” and “healthcare agreement”), for the definition of “healthcare agreement” substitute—.
In section 7 (regulations and directions)—
in subsection (1), after “A power” insert “of the Secretary of State or Welsh Ministers”;
after subsection (1) insert—;
for subsection (4) substitute—;
omit subsection (5);
after subsection (5) insert—
In section 8 (short title etc), in subsection (3), for “Healthcare (European Economic Area and Switzerland Arrangements) Act 2019” substitute “Healthcare (International Arrangements) Act 2019”.
Chapter 3 of Part 1 of the Health and Social Care Act 2008 (quality of health and social care) is amended as follows.
In section 46 (reviews and performance assessments by the Care Quality Commission), in the heading, at the end insert “: registered service providers”.
After section 46 insert—
In section 48 (special reviews and investigations)—
in subsection (2), after “section 46” insert “, 46A”;
in subsection (3A), after “treated as a review” insert “or investigation”.
In section 50 (failings by English local authorities), in subsection (1), after “46” insert “, 46A”.
In section 60 (inspections)—
in subsection (1), after paragraph (c) (but before the “or” at the end) insert—;
after subsection (2) insert—
In section 7D of the Local Authority Social Services Act 1970 (default powers of Secretary of State as respects social services functions of local authorities)—
in subsection (1), for the words from “imposed” to “2002” substitute “referred to in subsection (4)”;
after subsection (3) insert—
The Care Act 2014 is amended in accordance with subsections (3) and (4).
After section 72 insert—
In section 125(4) (regulations and orders subject to affirmative procedure), after paragraph (k) insert—.
The Health and Social Care Act 2008 is amended as follows.
In section 48 (special reviews and investigations), in subsection (6) omit “or (3)”.
In section 50 (failings by English local authorities)—
in subsection (2), in the words before paragraph (a), omit “subject to subsection (3)”;
for subsections (3) and (4) substitute—
The Care Act 2014 is amended as follows.
In section 15 (cap on care costs), for subsections (2) and (3) substitute—
In section 24 (the steps for the local authority to take), for subsection (3) substitute—
In section 26 (personal budget), for subsections (1) and (2) substitute—
In section 28 (independent personal budget)—
for subsection (1) substitute—;
omit subsection (3).
In section 29 (care account), in subsection (1), in the words before paragraph (a), for the words from “the local authority” to “present” substitute “the responsible local authority”.
In section 31 (adults with capacity to request direct payments), in subsection (1), for paragraph (a) substitute—.
In section 32 (adults without capacity to request direct payments), in subsection (1), for paragraph (a) substitute—.
In section 37 (notification, assessment etc.), in subsection (15), omit paragraph (a).
Eligible needs Section 15(3A) The responsible local authority Section 15(3B)
The Health and Social Care Act 2008 is amended as follows.
In section 149 (power of Secretary of State to give financial assistance in relation to provision of health or social care services)—
in subsection (1)(a) and (b), omit “or of social care services”;
after subsection (1) insert—
In section 151 (forms of assistance under section 149), in subsection (2)(d), after “149(1)” insert “or (1A)”.
For section 153 substitute—
In section 154 (arrangements with other third parties)—
in subsection (1)(a), after “section 149” insert “(1)”;
after subsection (1) insert—;
in subsections (2), (3), (4) and (5) after “subsection (1)” insert “or (1A)”.
In section 155 (power to form company), after “section 154(1)” insert “or (1A)”.
The Health Act 1999 is amended as follows.
In section 60 (regulation of health professions and social care workers etc)—
in subsection (1), after paragraph (b) insert—;
in subsection (1), after paragraph (bd) insert—;
for subsection (2) substitute—;
after subsection (2) insert—;
in subsection (2ZB), for “and (bd)” substitute “, (bd) and (be)”.
In section 62 (regulations and orders), after subsection (10) insert—
In Schedule 3 (power to make provision about regulation of health care and associated professions: supplementary)—
after paragraph 1B insert—;
in paragraph 7 (matters outside scope of the Orders), omit sub-paragraphs (1) and (1A);
in paragraph 8 (restrictions on provision authorising regulatory body’s functions to be exercised by others)—
in sub-paragraphs (1), (2ZA) and (2A), for the words from “other than” to the end substitute to exercise that function other than—;
omit sub-paragraph (2B).
After section 18 of the Coroners and Justice Act 2009 insert—
In section 19 of that Act (medical examiners)—
in the heading, after “examiners” insert “: supplementary”;
omit subsections (1) and (2);
in subsection (5)—
after “Nothing in” insert “section 18A or 18B or”;
for “a local authority or a Local Health Board” substitute “an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)”.
In section 20 of that Act (medical certificate of cause of death), in subsection (5), for “a local authority or Local Health Board” substitute “an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)”.
In section 48 of that Act (interpretation: general), in subsection (1), in the definition of “medical examiner”, for “section 19” substitute “section 18A or 18B”.
In section 41 of the Births and Deaths Registration Act 1953 (interpretation), in subsection (1), in the definition of “medical examiner”, for “means a person appointed under section 19” substitute “has the meaning given by section 48(1)”.
In the Health and Social Care Act 2012 omit section 54 (which inserted references to local authorities into sections 19 and 20 of the Coroners and Justice Act 2009).
After section 32 of the Human Tissue Act 2004 insert—
After section 20 of the Human Tissue (Scotland) Act 2006 insert—
Schedule 17—
contains amendments to the Human Fertilisation and Embryology Act 1990 which make provision relating to the storage of gametes and embryos, and
makes transitional provision in relation to those amendments.
Schedule 18 amends the Communications Act 2003 to restrict the advertising of certain food and drink products.
In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities)—
in subsection (3), after paragraph (d), insert—;
after subsection (4A) insert—
after subsection (5B) insert—
In section 16 of the Food Safety Act 1990 (regulations about food labelling etc), after subsection (3) insert—
In section 48 (regulations and orders)—
in subsection (3), after “shall” insert “, unless the instrument contains regulations which include provision made by virtue of section 16(3A),”;
after subsection (3) insert—
The Water Industry Act 1991, as amended by the Health and Social Care Act 2012, is amended in accordance with subsections (2) to (7).
In section 87 (fluoridation of water supplies at request of relevant authorities)—
omit subsection (3A);
in subsection (4), in paragraph (a), for the words from “as the Secretary of State” to the end of that paragraph substitute “in England as the Secretary of State may determine”;
in subsection (6), at the beginning insert “Subject to subsection (6A)”;
after subsection (6) insert—;
omit subsections (7A) and (7B);
after subsection (7F) insert—;
in subsection (11), for “the Welsh Ministers” substitute “a relevant authority”;
after subsection (11) insert—
In section 87A (target concentration of fluoride), omit subsection (3A).
Omit sections 88B to 88O (procedural requirements in connection with fluoridation of water supplies).
In section 89 (consultation)—
in the heading, omit “: Wales”;
in subsection (1)—
in the words before paragraph (a), for “the Welsh Ministers” substitute “a relevant authority”;
in paragraphs (a) and (b), for “the Welsh Ministers” substitute “that authority”;
in subsection (3), in paragraph (a), for “the Welsh Ministers are” substitute “the relevant authority is”;
in subsection (4)—
for “the Welsh Ministers”, in the first place it occurs, substitute “a relevant authority”;
for “the Welsh Ministers so direct” substitute “that authority so directs”.
In section 90A (review of fluoridation), omit subsection (5A).
In section 213 (power to make regulations), in subsection (1), after “36A” insert “, 87(6A)”.
In consequence of the amendments made by this section, omit section 36 of the Health and Social Care Act 2012.
The reference in section 213(1A) of the Water Industry Act 1991 to the first exercise of the power to make regulations under section 89 is to be read as a reference to the first exercise of the power to make regulations under that section as amended by subsection (5).
The Water Industry Act 1991 is amended in accordance with subsections (2) and (3).
After section 90A insert—
In section 91—
for the heading substitute “Old Welsh fluoridation arrangements: transitional provision”;
in subsection (1)—
for “relevant pre-1985 arrangements” substitute “old Welsh fluoridation arrangements”;
for “relevant authority” substitute “Welsh Ministers”;
in subsection (2), for “relevant authority” substitute “Welsh Ministers”;
in subsection (3)—
for “relevant authority”, in both places it occurs, substitute “Welsh Ministers”;
in the words before paragraph (a), for “the authority” substitute “the Welsh Ministers”;
in paragraph (a), omit “(2),”;
in subsection (6)—
in the definition of “the appointed day”, after “force” insert “in relation to Wales”;
for the definition of “relevant pre-1985 arrangements” substitute—
In consequence of the amendments made by this section, omit section 37 of the Health and Social Care Act 2012.
The Secretary of State must arrange for the carrying out of a review into the causes of disputes between (on the one hand) persons with parental responsibility for a critically ill child and (on the other) persons responsible for the provision of care or medical treatment for the child as part of the health service in England.
The Secretary of State must publish and lay before Parliament a report on the outcome of the review, within one year beginning with the date on which this section comes into force.
In this section—
Section 1 of the Abortion Act 1967 is amended as follows.
In subsection (3), for “subsection” substitute “subsections (3B) to”.
In subsection (3A)—
the words from “includes” to the end become paragraph (a);
after that paragraph insert—
After subsection (3A) insert—
The Secretary of State must publish and lay before Parliament a report describing the government’s policy in relation to the sharing of information by or with public authorities in the exercise of relevant functions of those authorities, for purposes relating to—
children’s health or social care, or
the safeguarding or promotion of the welfare of children.
In this section, “relevant functions” means functions relating to children’s health or social care, so far as exercisable in relation to England.
The report must include an explanation of whether or to what extent it is the government’s policy that a consistent identifier should be used for each child, to facilitate the sharing of information.
The report must include a summary of the Secretary of State’s views about implementation of the policy referred to in subsection (1), including any views about steps that should be taken to overcome barriers to implementation.
The report must be published and laid before Parliament within one year beginning with the date on which this section comes into force.
In this section “child” means a person aged under 18.
The Secretary of State may, for the purposes of reducing the risk of harm to the health or safety of members of the public, make regulations—
prohibiting an individual in England from carrying out specified cosmetic procedures in the course of business, unless the person has a personal licence;
prohibiting a person from using or permitting the use of premises in England for the carrying out of specified cosmetic procedures in the course of business, unless the person has a premises licence.
In this section—
“slavery and human trafficking” has the meaning given by section 54(12) of the Modern Slavery Act 2015.
Before section 115 (and the italic heading before it) insert—
Section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons) is amended as follows. In subsection (1A), for “clinical commissioning group,”, in each place it occurs, substitute “integrated care board,”. In subsection (4), for ““clinical commissioning group” means a body established under section 14D” substitute ““integrated care board” means a body established under section 14Z25”.
The Mental Health Act 1983 is amended as follows.
In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), for paragraph (za) substitute—.
The National Health Service Act 2006 is amended as follows.
The Health and Social Care Act 2012 is amended as follows.
The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person where—
the Chief Investigator reasonably believes that the disclosure of the material is necessary to address a serious and continuing risk to the safety of any patient or to the public,
the Chief Investigator reasonably believes that the person is in a position to address the risk, and
the disclosure is only to the extent necessary to enable the person to take steps to address the risk.
The HSSIB must publish guidance as to— If the HSSIB revises the guidance, the HSSIB must publish it as revised.
“health care” means all forms of health care provided for individuals, whether relating to physical or mental health;
In the italic heading before section 115, for “the Board” substitute “integrated care boards”.
In section 39 (information as to hospitals), in subsection (1), for “clinical commissioning group or”, in each place it occurs, substitute “integrated care board or”.
In section 13Z4 (interpretation of Chapter A1 of Part 2), omit subsections (2) to (4).
In section 197 (participation of NHS England in Health and Wellbeing Board), in the definition of “commissioning functions” in subsection (6), at the end insert “(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person)”.
Section 115 (primary ophthalmic services) is amended as follows. For the heading substitute “Duty of integrated care boards to arrange primary ophthalmic services”. For subsections (1) and (1A) substitute— Omit subsections (4), (4A), (5), (7) and (8).
In section 117 (after-care), in subsections (2), (2D), (2E), (2F) and (3), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
In section 73A (appointment of directors of public health), in subsection (1), after paragraph (c) insert—.
In section 199 (supply of information to Health and Wellbeing Boards), omit subsection (4).
After section 116 insert—
In section 134 (correspondence of patients), in subsection (3)(e), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
In section 73B (exercise of public health functions of local authorities: further provision), in subsection (2), after paragraph (c) insert—.
In section 234 (quality standards), in subsection (11), for the definition of “NHS services” substitute—.
Section 117 (general ophthalmic services contracts: introductory) is amended as follows. In subsection (1), for “The Board” substitute “An integrated care board or NHS England”. In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”. For subsection (4) substitute— In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.
In section 139 (protection for acts done in pursuance of this Act), in subsection (4), for “, a clinical commissioning group,” substitute “, an integrated care board,”.
In section 73C (complaints about exercise of public health functions by local authorities), in subsection (1), after paragraph (c) insert—.
In section 237 (advice, guidance, information and recommendations), in subsection (10), for paragraphs (b) and (c) substitute—
In section 118 (persons eligible to enter into GOS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.
In section 140 (notification of hospitals having arrangements for special cases) for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.
In section 223K (payments in respect of quality), in subsection (8), for the definition of “relevant services” substitute—.
In section 250 (powers to publish information standards), in subsection (7), for the definition of “NHS services”, substitute—.
In section 119 (exclusion of contractors), in subsection (1), for “the Board” substitute “an integrated care board or NHS England”.
provides services in pursuance of arrangements made by virtue of this Act,
In section 263 (code of practice on confidential information), after subsection (7) insert—
In section 120 (GOS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.
In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies), in subsection (10), for the definition of “service arrangements” substitute—
In section 274 (powers of Secretary of State or Board to give directions), in subsection (9), at the appropriate place insert—.
In section 121 (GOS contracts: other required terms), in subsection (3)(a), for “the Board” substitute “an integrated care board or NHS England”.
In section 253 (emergency powers), in subsection (1A), in paragraph (d), for sub-paragraphs (i) to (iv) substitute “by virtue of this Act”.
In section 290 (duties to co-operate), in subsection (2), at the end insert “(including any functions that consist of exercising the functions of other persons)”.
Section 123 (persons performing primary ophthalmic services) is amended as follows. In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”. In subsection (2), for paragraph (b) substitute—
Section 124 (assistance and support: primary ophthalmic services) is amended as follows. In subsection (1), for “The Board” substitute “An integrated care board”. In subsection (2)—
Section 125 (Local Optical Committees) is amended as follows. In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”. In subsection (3)(b), for “the Board” substitute “the integrated care board”. In subsection (7), for “the Board” substitute “an integrated care board”. In subsection (10)—
For section 125A substitute—
The provision which may be made by regulations under this section by virtue of section 183(1)(a) includes—
provision amending Schedule 5 to the Consumer Rights Act 2015 (investigatory powers);
provision repealing, revoking or amending provision made by or under any local Act.
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Schedule 19 makes further provision about regulations under this section (including provision for the imposition of fees, the creation of criminal offences and financial penalties).
The Health and Social Care Act 2008 is amended in accordance with subsections (2) to (6).
In section 20 (regulation of regulated activities), after subsection (5) insert—
After subsection (5C) (as inserted by section 173) insert—
After section 21 insert—
In section 22 (consultation in relation to code of practice under section 21)—
for the heading substitute “Codes of practice: consultation and Parliamentary scrutiny”;
in subsection (1), after “21” insert “or 21A”;
in subsection (2), after “21” insert “or 21A”;
in subsection (3), after “(2)” insert “in relation to a draft of a code or revised code under section 21”;
after subsection (5) insert—
In section 25 (effect of code under section 21 and guidance under section 23)—
in the heading, after “s. 21” insert “or 21A”;
in subsection (1), for “A code of practice under section 21” substitute “Codes of practice under sections 21 and 21A”;
in subsection (2),
for “A code of practice under section 21 or” substitute “Codes of practice under sections 21 and 21A and”;
for “is” substitute “are”;
in subsection (3), after “21” insert “or 21A”.
Until the first regulations made by virtue of section 20(5ZA) of the Health and Social Care Act 2008 (as inserted by subsection (2)) come into force— are to be read as if regulation 18 of the 2014 regulations contained such requirements.
the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (S.I. 2014/2936) (“the 2014 regulations”), and
the Health and Social Care Act 2008,
The Secretary of State may by regulations make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke provision made by this Act or any provision made by or under primary legislation passed—
before this Act, or
later in the same session of Parliament as this Act.
In this section “primary legislation” means—
an Act,
an Act or Measure of Senedd Cymru,
an Act of the Scottish Parliament, or
Northern Ireland legislation.
A power to make regulations under any provision of this Act includes power to make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes.
A power to make regulations under section 92, 103 or 104 includes power to make different provision for England, Wales, Scotland or Northern Ireland.
Regulations under this Act are to be made by statutory instrument.
A statutory instrument containing any of the following (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
regulations under section 20(4);
regulations under section 92;
regulations under section 103 or 104;
regulations under section 123;
regulations under section 180;
regulations under section 182 that amend or repeal provision made by primary legislation (as defined by section 182(3)).
Any other statutory instrument containing regulations under section 182 is subject to annulment in pursuance of a resolution of either House of Parliament.
This section does not apply to regulations under section 186.
There is to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under or by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales only, subject to subsections (2) to (5).
The following extend to England and Wales, Scotland and Northern Ireland—
in Part 1, paragraph 1(3) and (4) of Schedule 1 (renaming of NHS Commissioning Board);
in Part 2, sections 92 to 94 (information about payments etc to persons in the health care sector);
Part 3 (Secretary of State’s powers to transfer or delegate functions);
in Part 4, section 125 (restriction of statutory powers requiring disclosure);
in Part 6, section 171 and Part 2 of Schedule 17 (storage of gametes and embryos);
this Part.
The following extend to Scotland only—
sections 140 to 143 (offences relating to virginity testing);
sections 152 to 155 (offences relating to hymenoplasty).
The following extend to Northern Ireland only—
sections 144 to 147 (offences relating to virginity testing);
sections 156 to 159 (offences relating to hymenoplasty).
An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked.
This Part comes into force on the day on which this Act is passed.
Section 161(2) comes into force on such day as the Welsh Ministers may by regulations appoint.
Section 171 and Schedule 17 (storage of gametes and embryos) come into force on 1 July 2022.
Section 172 and Schedule 18 (advertising of less healthy food and drink) come into force at the end of the period of two months beginning with the day on which this Act is passed.
Section 179 comes into force at the end of the period of three months beginning with the day on which this Act is passed.
Except as mentioned in subsections (1) to (5), this Act comes into force on such day as the Secretary of State may by regulations appoint.
Different days may be appointed under subsection (2) or (6) for different purposes.
In relation to section 166, different days may be appointed under subsection (6) for different areas.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The Welsh Ministers may by regulations make transitional or saving provision in connection with the coming into force of section 161(2).
The power to make regulations under subsection (9) or (10) includes power to make different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Health and Care Act 2022.