Health and Social Care Act 2012
For section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute—
After section 1 of the National Health Service Act 2006 insert—
After section 1A of the National Health Service Act 2006 insert—
After section 1B of the National Health Service Act 2006 insert—
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After section 1D of the National Health Service Act 2006 insert—
After section 1E of the National Health Service Act 2006 insert—
After section 1F of the National Health Service Act 2006 insert—
After section 1G of the National Health Service Act 2006 insert—
Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this Act.
After section 1H of the National Health Service Act 2006 insert—
After section 2 of the National Health Service Act 2006 insert—
After section 2A of the National Health Service Act 2006 insert—
Section 3 of the National Health Service Act 2006 is amended as follows.
In subsection (1)—
for the words from the beginning to “reasonable requirements” substitute “A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility”, and
in each of paragraphs (d) and (e) for the words “as he considers” substitute “as the group considers”.
After that subsection insert—
After subsection (1E) insert—
Omit subsections (2) and (3).
For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning certain health services”.
For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health services”.
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before paragraph (za) insert—.
After section 3 of the National Health Service Act 2006 insert—
After section 3A of the National Health Service Act 2006 insert—
Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as follows.
In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must arrange for the provision of”.
In subsection (3)—
after “may be provided” insert— , and
after paragraph (a) insert, and
After subsection (3) insert—
In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and services under this Act” substitute “about the provision of services for the purposes of the health service in England”.
Schedule 1 to that Act is amended as follows.
In paragraph 1 (medical inspection of pupils)—
for “The Secretary of State” substitute “A local authority”, and
for “local authorities” substitute “the local authority”.
In paragraph 2—
in sub-paragraph (1)—
for “The Secretary of State” substitute “A local authority”, and
omit “, by arrangement with any local authority,”,
in sub-paragraph (2)—
for “The Secretary of State” substitute “A local authority”,
after “educational establishment” insert “in its area”, and
for “a local authority” substitute “the local authority”, and
omit sub-paragraph (3).
In paragraph 4—
for “A local authority may not make an arrangement” substitute “A local authority may not provide for any medical inspection or treatment”, and
for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
In paragraph 5—
omit sub-paragraph (1)(a) and the word “and” immediately following it,
in sub-paragraph (2)—
omit “local authority or”,
for “the Secretary of State” substitute “a local authority”, and
for “him” substitute “it”.
In paragraph 7A (weighing and measuring of children)—
for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
in sub-paragraph (2) —
after “any school” insert “in its area”, and
for “a local authority” substitute “the local authority”.
In paragraph 7B (regulations as to weighing and measuring of children)—
in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
in sub-paragraph (1)(d)—
for “by the Secretary of State” substitute “by a local authority”, and
after “paragraph 7A” insert “and of any other prescribed information relating to the children concerned”, and
in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under sub-paragraph (1)”.
After paragraph 7B insert—
In paragraph 9 (provision of vehicles for disabled persons)—
the existing text becomes sub-paragraph (1),
in that sub-paragraph—
for “The Secretary of State may provide” substitute “A clinical commissioning group may make arrangements for the provision of”, and
for “persons appearing to him to be persons who have a physical impairment” substitute “persons for whom the group has responsibility and who appear to it to have a physical impairment”, and
after that sub-paragraph insert—
In paragraph 10—
in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
in sub-paragraph (2) —
for “The Secretary of State may” substitute “The clinical commissioning group may make arrangements for”,
in paragraph (a) for “adapt” substitute “the adaptation of”,
in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
in paragraph (c) for “take out” substitute “the taking out of”,
in that paragraph for “pay” substitute “the payment of”,
in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
in that paragraph for “execute” substitute “the execution of”,
in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
In paragraph 12 (provision of a microbiological service)—
in sub-paragraph (1)—
omit paragraph (a) and the word “and” immediately following it,
in paragraph (b) omit “other”, and
in that paragraph for “that service” substitute “a microbiological service provided under section 2A”, and
omit sub-paragraph (2).
For paragraph 13 and the cross-heading preceding it substitute—
After section 6B of the National Health Service Act 2006 insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zza) insert—.
After section 6C of the National Health Service Act 2006 insert—
After section 6D of the National Health Service Act 2006 insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzb) insert—.
Section 7 of the National Health Service Act 2006 (distribution of health service functions) is amended as follows.
For subsection (1) substitute—
Omit subsections (2) and (3).
For the heading to that section, and for the cross-heading preceding it, substitute “Functions of Special Health Authorities”.
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzc) insert—.
In section 273 of that Act (further provision about orders and directions), in subsection (4)(b)—
before paragraph (i) insert— and
in paragraph (i) after “a function” insert “of the Secretary of State”.
After section 7 of the National Health Service Act 2006 insert—
In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (za) insert—.
Before the cross-heading preceding section 224 of the National Health Service Act 2006 insert—
After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
After section 14O of the National Health Service Act 2006 insert—
After section 223F of the National Health Service Act 2006 insert—
In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms), after subsection (1) insert—
In section 94 of that Act (regulations about arrangements under section 92 of that Act for provision of primary medical services), after subsection (3) insert—
The National Health Service Act 2006 (c. 41) is amended as follows.
In section 111 (dental public health)—
in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
in subsection (2)—
for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
after subsection (2) insert—
In section 249 (joint working with the prison service) after subsection (4) insert—
In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74 insert—
In Part 3 of the National Health Service Act 2006 after section 73A insert—
In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert—
The Strategic Health Authorities continued in existence or established under section 13 of the National Health Service Act 2006 are abolished.
Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.
The Primary Care Trusts continued in existence or established under section 18 of the National Health Service Act 2006 are abolished.
Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.
Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by the Water Act 2003, is amended as follows.
In section 87 (fluoridation of water supplies at request of relevant authorities), in subsection (3)(a) for sub-paragraph (i) substitute—.
After subsection (3) of that section insert—
In subsection (4) of that section, for paragraph (a) substitute—.
After subsection (7) of that section insert—
After subsection (7B) of that section (as inserted by subsection (5) above) insert—
Omit subsections (8) to (10) of that section.
In subsection (11) of that section for “a relevant authority” substitute “the Welsh Ministers”.
In section 87A (target concentration of fluoridation), after subsection (3) insert—
“the NHS” has the meaning given in that section;
for paragraph (a) substitute—
“commencement” means the commencement of section 234;
omit paragraph (b).
In that section, in subsection (4) for the words from the beginning to “section 87(8)(b) or (10)” substitute “Where a combined reference is made under section 87(7C)(b) or 87(7F)”.
In section 87C (fluoridation arrangements: compliance), omit subsection (8).
In section 89—
in the heading, after “Consultation” insert “:Wales”,
in subsections (1) and (4) for “a relevant authority” substitute “the Welsh Ministers”,
in subsection (1) for “the appropriate authority” (in each place where it occurs) substitute “the Welsh Ministers”,
in subsection (3), in paragraph (a) for “relevant authorities” substitute “the Welsh Ministers”,
in subsection (4) for “the appropriate authority so directs” substitute “the Welsh Ministers so direct”, and
omit subsection (5).
In section 90A (review of fluoridation) after subsection (5) insert—
After section 88A of the Water Industry Act 1991 insert—
In relation to any time on or after the commencement of section 35, any relevant arrangements which have effect immediately before its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water undertaker with the Secretary of State under section 87(1) of that Act.
In subsection (1) “relevant arrangements” means—
any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the Water Industry Act 1991, and
any arrangements which are treated as arrangements falling within paragraph (a) by virtue of section 91 of that Act (as it had effect immediately before the commencement of this section).
In its application to arrangements which are treated by virtue of subsection (1) as arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as if for subsection (3) there were substituted—.
Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered into by a water undertaker with the Secretary of State under section 87(1) of that Act.
After section 12 of the Mental Health Act 1983 insert—
In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.
In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions”.
In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of section 12ZA or 12ZB of that Act,”—
in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the definition of “duly approved”,
in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation), in the definition of “duly approved”,
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in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
In section 24 of that Act (visiting and examination of patients), omit subsections (3) and (4).
In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to hospital and guardianship orders)—
in Part 1, in paragraph 1, omit “24(3) and (4),”, and
in Part 2, in paragraph 1, omit “24(3) and (4),”.
In consequence of the repeals made by this section—
in the National Health Service and Community Care Act 1990, in Schedule 9—
omit paragraph 24(3)(a) and the “and” following it, and
omit paragraph 24(4),
in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a) and 54,
in the Domestic Violence, Crime and Victims Act 2004—
omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
in section 37A(7)(a), omit “, (5)”, and
in section 43A(7), omit “, (5)”, and
in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
In subsection (2)—
after “duty of the” insert “clinical commissioning group or”,
omit “Primary Care Trust or” in each place it appears, and
after “such time as the” insert “clinical commissioning group or”.
After subsection (2C) insert—
In subsection (3)—
after “section “the” insert “clinical commissioning group or”,
omit “Primary Care trust or” in each place it appears, and
after “means the”, in the first place it appears, insert “clinical commissioning group or”.
In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert—
In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows.
In subsection (1)—
for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
for “he thinks fit” substitute “the Welsh Ministers think fit”,
for “their” substitute “those persons'”,
for “him” substitute “the Welsh Ministers”, and
for “they” substitute “those persons”.
In subsection (2)—
omit “the National Health Service Act 2006 and”, and
for “either of those Acts” substitute “that Act”.
In section 146 of that Act (application to Scotland), omit “122,”.
Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—
after paragraph (c), insert “or”,
omit the “or” following paragraph (d), and
omit paragraph (e).
In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.
In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.
This section does not affect—
the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,
that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or
the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)—
for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
at the end insert “for whom the authority is responsible for the purposes of this section”.
In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
Section 130A Making arrangements to enable independent mental health advocates to be available to help qualifying patients
In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)—
before “the approved clinician” insert “or”, and
omit “or the Secretary of State”.
Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State under section 134(1) of that Act and having effect immediately before the commencement of this section.
In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
after “the duty of” insert “every clinical commissioning group and of”,
omit “every Primary Care Trust and of”,
after “the area of the” insert “clinical commissioning group or”,
omit “Primary Care Trust or” in the first place it appears,
after “available to the” insert “clinical commissioning group or”, and
omit “Primary Care Trust or” in the second place it appears.
In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it is appropriate to do so”.
After subsection (1) insert—
For subsection (2) substitute—
After subsection (2A) insert—
Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
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After section 28 of the National Health Service Act 2006 (special health authorities) insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after paragraph (zb) insert—.
After section 98 of the National Health Service Act 2006 insert—
After section 114 of that Act insert—
After section 125 of that Act insert—
After section 168 of that Act insert—
After section 186 of the National Health Service Act 2006 insert—
In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert—.
After section 165 of the National Health Service Act 2006 insert—
After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.
In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert—
After section 247C of the National Health Service Act 2006 insert—
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Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification, certification and registration of deaths) is amended as follows.
In section 19 (medical examiners)—
in subsection (1) for “Primary Care Trusts” substitute “Local authorities”,
in subsection (2) for “Trust” (in each place where it occurs) substitute “local authority”, and
in subsection (5) for “a Primary Care Trust” substitute “a local authority”.
In section 20 (medical certificate of cause of death), in subsection (5) for “Primary Care Trust” substitute “local authority”.
Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect.
Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect.
Schedule 6 (which makes transitional provision in connection with this Part) has effect.
The Health Protection Agency is abolished.
The Health Protection Agency Act 2004 is repealed.
Subsection (2) does not apply to—
paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and
section 11(1) of that Act so far as it gives effect to that paragraph.
Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect.
The appropriate authority must—
devise standards for the purity and potency of biological substances,
prepare, approve, hold and distribute standard preparations of biological substances,
design appropriate procedures for testing biological substances,
provide or arrange for the provision of laboratory facilities for testing biological substances,
carry out tests on biological substances,
examine records kept in connection with the manufacture and quality control of biological substances,
report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g).
The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
The appropriate authority must co-operate with the person in the exercise of those functions.
The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section.
The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.
The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not).
The steps that may be taken under subsection (1) include—
the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding;
providing technical services (whether in laboratories or otherwise);
providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
providing training;
providing information and advice;
making available the services of any person or any facilities.
The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must—
consult the body, and
have regard to the body's policies.
Each of the following is a Health and Safety body—
the Health and Safety Executive;
the Health and Safety Executive for Northern Ireland.
the Office for Nuclear Regulation.
In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
In this section, “the appropriate authority” means—
the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998);
the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998);
the Secretary of State in any other case.
In this section, “the public” means—
where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
where the appropriate authority is the Scottish Ministers, the public in Scotland, and
where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland.
This section does not apply in relation to England.
The AIDS (Control) Act 1987 is repealed.
The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.
In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert—
In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert—.
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The body corporate known as the Independent Regulator of NHS Foundation Trusts—
is to continue to exist, and
is to be known as Monitor.
Schedule 8 (which makes further provision about Monitor) has effect.
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The main duty of Monitor in exercising its functions is to protect and promote the interests of people who use health care services by promoting provision of health care services which—
is economic, efficient and effective, and
maintains or improves the quality of the services.
In carrying out its main duty, Monitor must have regard to the likely future demand for health care services.
Monitor must exercise its functions with a view to preventing anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services.
Monitor must exercise its functions with a view to enabling health care services provided for the purposes of the NHS to be provided in an integrated way where it considers that this would—
improve the quality of those services (including the outcomes that are achieved from their provision) or the efficiency of their provision,
reduce inequalities between persons with respect to their ability to access those services, or
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
Monitor must exercise its functions with a view to enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where it considers that this would—
improve the quality of those health care services (including the outcomes that are achieved from their provision) or the efficiency of their provision,
reduce inequalities between persons with respect to their ability to access those health care services, or
reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those health care services.
Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
the National Health Service Commissioning Board carries out its duties under section 13N of the National Health Service Act 2006, and
clinical commissioning groups carry out their duties under section 14Z1 of that Act.
Monitor must secure that people who use health care services, and other members of the public, are involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than decisions it makes about the exercise of its functions in a particular case).
Monitor must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—
the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006), and
the protection or improvement of public health.
Monitor must exercise its functions in a manner consistent with the performance by the Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of comprehensive health service).
Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care services provided for the purposes of the NHS that is provided by persons of a particular description if that description is by reference to—
whether the persons in question are in the public or (as the case may be) private sector, or
some other aspect of their status.
In this section—
“the NHS payment scheme” means the document published under section 114A(1);
“health care” has the meaning given by section 240(4);
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The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 62(9), publish guidance on—
the objectives specified in the mandate published under section 13A of the National Health Service Act 2006 which the Secretary of State considers to be relevant to Monitor’s exercise of its functions, and
the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its functions.
In exercising its functions, Monitor must have regard to guidance under subsection (1).
Where the Secretary of State publishes guidance under subsection (1), the Secretary of State must lay a copy of the published guidance before Parliament.
The Secretary of State—
may revise guidance under subsection (1), and
if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
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This section applies for the purposes of this Part.
“Anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour.
“Health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service (as to which, see section 65).
“The NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities.
A reference to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with that Act.
Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health care services of goods that are to be provided as part of those services.
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Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult social care services.
Any regulations under this section must apply in relation to England only.
The regulations may amend this Part.
“Adult social care”—
includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000.
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In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of people who use health care services.
Monitor must, in exercising its functions, also have regard to the following matters in so far as they are consistent with the matter referred to in subsection (1)—
the desirability of securing continuous improvement in the quality of health care services provided for the purposes of the NHS and in the efficiency of their provision,
the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of access to the services for those purposes operates fairly,
the need for commissioners of health care services for the purposes of the NHS to ensure that people who require health care services for those purposes are provided with access to them,
the need for commissioners of health care services for the purposes of the NHS to make the best use of resources when doing so,
the desirability of persons who provide health care services for the purposes of the NHS co-operating with each other in order to improve the quality of health care services provided for those purposes,
the need to promote research into matters relevant to the NHS by persons who provide health care services for the purposes of the NHS,
the need for high standards in the education and training of health care professionals who provide health care services for the purposes of the NHS, and
where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions.
Where the Secretary of State publishes guidance referred to in subsection (2)(h), the Secretary of State must lay a copy of the published guidance before Parliament.
The Secretary of State—
may revise the guidance, and
if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
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In a case where Monitor considers that any of its general duties conflict with each other, it must secure that the conflict is resolved in the manner it considers best.
Monitor must act so as to secure that there is not, and could not reasonably be regarded as being, a conflict between—
its exercise of any of its functions under Chapter 5 of Part 2 of the National Health Service Act 2006 (regulation of NHS foundation trusts) or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period) or under paragraph 17 of Schedule 8 to this Act (accounts of NHS foundation trusts), and
its exercise of any of its other functions.
Monitor must ignore the functions it has under sections 111 and 113 when exercising—
its functions under Chapter 2 (competition);
its functions under Chapter 4 (pricing).
If Monitor secures the resolution of a conflict between its general duties in a case that comes within subsection (5), or that Monitor considers is otherwise of unusual importance, it must publish a statement setting out—
the nature of the conflict,
the manner in which it decided to resolve it, and
its reasons for deciding to resolve it in that manner.
A case comes within this subsection if it involves—
a matter likely to have a significant impact on persons who provide health care services for the purposes of the NHS;
a matter likely to have a significant impact on people who use health care services provided for the purposes of the NHS;
a matter likely to have a significant impact on the general public in England (or in a particular part of England);
a major change in the activities Monitor carries on;
a major change in the standard conditions of licences under Chapter 3 (see section 94).
Where Monitor is required to publish a statement under subsection (4), it must do so as soon as reasonably practicable after making its decision.
The duty under subsection (4) does not apply in so far as Monitor is subject to an obligation not to publish a matter that needs to be included in the statement.
Every annual report of Monitor must include—
a statement of the steps it has taken in the financial year to which the report relates to comply with the duty under subsection (2), and
a summary of the manner in which, in that financial year, Monitor has secured the resolution of conflicts between its general duties arising in cases of the kind referred to in subsection (5).
Monitor’s general duties for the purposes of this section are its duties under sections 62 and 66.
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Monitor must keep the exercise of its functions under review and secure that in exercising its functions it does not—
impose burdens which it considers to be unnecessary, or
maintain burdens which it considers to have become unnecessary.
In keeping the exercise of its functions under review, Monitor must have regard to such principles as appear to it to represent best regulatory practice.
Subsection (1) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impractical or disproportionate.
Monitor must from time to time publish a statement setting out—
what it proposes to do pursuant to subsection (1) in the period to which the statement relates,
what it has done pursuant to that subsection since publishing the previous statement, and
where a burden relating to the exercise of the function which has become unnecessary is maintained pursuant to subsection (3), the reasons why removal of the burden would, having regard to all the circumstances, be impractical or disproportionate.
The first statement—
must be published as soon as practicable after the commencement of this section, and
must relate to the period of 12 months beginning with the date of publication.
A subsequent statement—
must be published during the period to which the previous statement related or as soon as reasonably practicable after that period, and
must relate to the period of 12 months beginning with the end of the previous period.
Monitor must, in exercising its functions, have regard to the statement that is in force at the time in question.
Monitor may revise a statement before or during the period to which it relates; and, if it does so, it must publish the revision as soon as reasonably practicable.
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This section applies where Monitor is proposing to do something that it considers would be likely—
to have a significant impact on persons who provide health care services for the purposes of the NHS;
to have a significant impact on people who use health care services provided for the purposes of the NHS;
to have a significant impact on the general public in England (or in a particular part of England);
to involve a major change in the activities Monitor carries on;
to involve a major change in the standard conditions of licences under Chapter 3 (see section 94).
But this section does not apply to—
the carrying out by Monitor of an analysis of how markets involving the provision of health care services are operating, or
the exercise of functions under or by virtue of Chapter 2.
Nor does this section apply if it appears to Monitor that the urgency of the matter makes compliance with this section impracticable or inappropriate.
Before implementing the proposal, Monitor must either—
carry out and publish an assessment of the likely impact of implementation, or
publish a statement setting out its reasons for concluding that it does not need to carry out an assessment under paragraph (a).
The assessment must set out Monitor’s explanation of how the discharge of its general duties (within the meaning of section 67)—
would be secured by implementation of the proposal, but
would not be secured by the exercise of functions that Monitor has by virtue of section 72 or 73.
The assessment may take such form, and relate to such matters, as Monitor may determine; and in determining the matters to which the assessment is to relate, Monitor must have regard to such general guidance on carrying out impact assessments as it considers appropriate.
The assessment must specify the consultation period within which representations with respect to the proposal may be made to Monitor; and for that purpose the consultation period must not be less than 28 days beginning with the day after that on which the assessment is published under subsection (4).
Monitor may not implement the proposal unless the consultation period has ended.
Where Monitor is required (apart from this section) to consult about, or afford a person an opportunity to make representations about, a proposal that comes within subsection (1), the requirements of this section—
are in addition to the other requirement, but
may be met contemporaneously with it.
Every annual report of Monitor must set out—
a list of the assessments carried out under this section during the financial year to which the report relates, and
a summary of the decisions taken during that year in relation to proposals to which assessments carried out during that year or a previous financial year relate.
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Information obtained by, or documents, records or other items produced to, Monitor in connection with any of its functions may be used by Monitor in connection with any of its other functions.
For the purposes of exercising a function under this Part, the Secretary of State may request Monitor to provide the Secretary of State with such information as the Secretary of State may specify.
Monitor must comply with a request under subsection (2).
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This section applies if the Secretary of State considers that Monitor is failing, or has failed, to perform any function of Monitor’s, other than a function it has by virtue of section 72 or 73, and that the failure is significant.
The Secretary of State may direct Monitor to perform such of those functions, and in such manner and within such period, as the direction specifies.
But the Secretary of State may not give a direction under subsection (2) in relation to the performance of functions in a particular case.
If Monitor fails to comply with a direction under subsection (2), the Secretary of State may—
perform the functions to which the direction relates, or
make arrangements for some other person to perform them on the Secretary of State’s behalf.
Where the Secretary of State exercises a power under subsection (2) or (4), the Secretary of State must publish the reasons for doing so.
For the purposes of this section—
a failure to perform a function includes a failure to perform it properly, and
a failure to perform a function properly includes a failure to perform it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
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The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of health care services in England—
agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive practices),
conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the Functioning of the European Union (anti-competitive practices),
conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6), 38(1) to (6), 51, 52(6) and (8) and 54.
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The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of health care services in England.
So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to be read as including references to Monitor, except in sections 166 and 171.
Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by virtue of this section, it must consult the other.
Neither the Office of Fair Trading nor Monitor may exercise in relation to any matter functions which are exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in relation to that matter by the other.
Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act is to have effect so far as relating to functions exercisable by Monitor by virtue of this section as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to Monitor.
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omit the “and” preceding paragraph (g), and
after that paragraph insert ; and
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in subsection (7) (meaning of “relevant sectoral enactment”), at the end insert—,
in subsection (8) (meaning of “relevant sectoral regulator”), for “Communications or” substitute “Communications,”, and
in that subsection, after “Utility Regulation” insert “or Monitor”.
In section 168 of that Act (regulated markets)—
in subsection (3) (meaning of “relevant action”), after paragraph (o) insert—,
in subsection (4) (meaning of “relevant statutory functions”), after paragraph (q) insert—, and
in subsection (5) (meaning of “sectoral regulator”), after paragraph (i) insert—.
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Regulations may impose requirements on the National Health Service Commissioning Board and clinical commissioning groups for the purpose of securing that, in commissioning health care services for the purposes of the NHS, they—
adhere to good practice in relation to procurement;
protect and promote the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS;
do not engage in anti-competitive behaviour which is against the interests of people who use such services.
Requirements imposed by regulations under this section apply to an arrangement for the provision of goods and services only if the value of the consideration attributable to the services is greater than that attributable to the goods.
Regulations under this section may, in particular, impose requirements relating to—
competitive tendering for the provision of services;
the management of conflicts between the interests involved in commissioning services and the interests involved in providing them.
The regulations may provide for the requirements imposed, or such of them as are prescribed, not to apply in relation to arrangements of a prescribed description.
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Regulations under section 75 may confer on Monitor—
a power to investigate a complaint that the National Health Service Commissioning Board or a clinical commissioning group has failed to comply with a requirement imposed by the regulations;
a power to investigate on its own initiative whether the Board or a clinical commissioning group has failed to comply with a requirement imposed by virtue of section 75(1)(c);
a power to require the Board or a clinical commissioning group to provide it with such information as Monitor may specify for the purposes of an investigation it carries out by virtue of paragraph (a) or (b);
a power to require the Board or a clinical commissioning group to provide an explanation of such information as it provides by virtue of paragraph (c).
A power conferred by virtue of subsection (1)(a) is exercisable only where Monitor considers that the person making the complaint has sufficient interest in the arrangement to which the complaint relates.
Regulations under section 75 may confer on Monitor a power to declare that an arrangement for the provision of health care services for the purposes of the NHS is ineffective.
A power conferred by virtue of subsection (3) is exercisable only in prescribed circumstances and subject to prescribed restrictions and only where Monitor is satisfied that—
the National Health Service Commissioning Board or a clinical commissioning group has failed to comply with a requirement of regulations under section 75, and
the failure is sufficiently serious.
On a declaration being made by virtue of subsection (3), the arrangement is void; but that does not affect—
the validity of anything done pursuant to the arrangement,
any right acquired or liability incurred under the arrangement, or
any proceedings or remedy in respect of such a right or liability.
Regulations under section 75 may confer on Monitor a power to direct the National Health Service Commissioning Board or a clinical commissioning group—
to put in place measures for the purpose of preventing failures to comply with requirements imposed by the regulations or mitigating the effect of such failures;
to remedy a failure to comply with such a requirement;
not to exercise in a prescribed manner prescribed functions in relation to arrangements for the provision of health care services;
to vary or withdraw an invitation to tender for the provision of health care services;
to vary an arrangement for the provision of health care services made in consequence of putting the provision of the services out to tender.
A failure to comply with a requirement imposed by regulations under section 75 which causes loss or damage is actionable, except in so far as the regulations restrict the right to bring such an action.
Regulations under section 75 may—
provide for a specified defence to such an action;
prevent a person who has brought such an action under the Public Contracts Regulations 2006 (S.I. 2006/5) from bringing such an action under the regulations under section 75 in respect of the whole or part of the same loss or damage.
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Regulations under section 75 may confer on Monitor a power to accept an undertaking (referred to in this Chapter as a “section 77 undertaking”) from the National Health Service Commissioning Board or a clinical commissioning group to take such action of a kind mentioned in subsection (2) as is specified in the undertaking within such period as is so specified.
The specified action must be—
action of a description given in paragraphs (a) to (e) of section 76(6), or
action of such a description as may be prescribed.
Where Monitor accepts a section 77 undertaking then, unless the Board, or (as the case may be) the clinical commissioning group from whom the undertaking is accepted, has failed to comply with the undertaking or any part of it, Monitor may not—
continue to carry out the investigation in question,
make a declaration by virtue of subsection (3) of section 76 in relation to the arrangement in question, or
give a direction by virtue of subsection (6) of that section in relation to the failure in question.
Where the Board, or (as the case may be) the clinical commissioning group from whom Monitor has accepted a section 77 undertaking, has failed to comply fully with the undertaking but has complied with part of it, Monitor must take the partial compliance into account in deciding whether to do something mentioned in paragraphs (a) to (c) of subsection (3).
Schedule 9 (which makes further provision about section 77 undertakings) has effect.
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Monitor must publish guidance about—
compliance with requirements imposed by regulations under section 75;
how it intends to exercise powers conferred on it by regulations under that section.
Before publishing guidance under subsection (1)(a) or (b), Monitor must consult—
the National Health Service Commissioning Board, and
such other persons as Monitor considers appropriate.
Before publishing guidance under subsection (1)(a) or (b), Monitor must obtain the approval of the Secretary of State.
Monitor may revise guidance under this section and, if it does so, must publish the guidance as revised.
Before publishing guidance revised under subsection (4), Monitor must consult the persons mentioned in subsection (2).
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For the purposes of Part 3 of the Enterprise Act 2002 (completed and anticipated mergers), each of the following cases is to be treated as being (in so far as it would not otherwise be) a case in which two or more enterprises cease to be distinct enterprises.
The first case is where the activities of two or more NHS foundation trusts cease to be distinct activities.
The second case is where the activities of one or more NHS foundation trusts and the activities of one or more businesses cease to be distinct activities.
Where the Office of Fair Trading decides to carry out an investigation under Part 3 of the Enterprise Act 2002 of a matter involving an NHS foundation trust, it must as soon as reasonably practicable notify Monitor.
As soon as reasonably practicable after receiving a notification under subsection (4), Monitor must provide the Office of Fair Trading with advice on—
the effect of the matter under investigation on benefits (in the form of those within section 30(1)(a) of the Enterprise Act 2002 (relevant customer benefits)) for people who use health care services provided for the purposes of the NHS, and
such other matters relating to the matter under investigation as Monitor considers appropriate.
In subsections (2) and (3), a reference to the activities of an NHS foundation trust or a business includes a reference to part of its activities.
In this section, “enterprise” and “business” each have the same meaning as in Part 3 of the Enterprise Act 2002.
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Monitor and the Office of Fair Trading must co-operate with each other in the exercise of their respective functions under the Competition Act 1998 and the Enterprise Act 2002.
In particular each must give the other—
such information in its possession as the other may require to enable it to exercise those functions,
such other information in its possession as it considers would assist the other in exercising those functions, and
such other assistance as the other may require to assist it in exercising those functions.
Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter.
Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service.
This section applies where a licence holder—
in providing a health care service for the purposes of the NHS, carries on a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008), but
is not registered under Chapter 2 of Part 1 of that Act in respect of the carrying on of that activity.
The licence holder is to be regarded as providing the service in breach of the requirement under section 81 to hold a licence.
Regulations (referred to in this section and section 84 as “exemption regulations”) may provide for the grant of exemptions from the requirement under section 81 in respect of—
a prescribed person or persons of a prescribed description;
the provision of a prescribed health care service or a health care service of a prescribed description.
Exemption regulations may grant an exemption—
either generally or to the extent prescribed;
either unconditionally or subject to prescribed conditions;
indefinitely, for a prescribed period or for a period determined by or under the exemption.
Conditions subject to which an exemption may be granted include, in particular, conditions requiring any person providing a service pursuant to the exemption—
to comply with any direction given by NHS England about such matters as are specified in the exemption or are of a description so specified,
except to the extent that NHS England otherwise approves, to do, or not to do, such things as are specified in the exemption or are of a description so specified (or to do, or not to do, such things in a specified manner), and
to refer for determination by NHS England such questions arising under the exemption as are specified in the exemption or are of a description so specified.
Before making exemption regulations the Secretary of State must give notice to—
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NHS England, and
the Care Quality Commission and its Healthwatch England committee.
The Secretary of State must also publish a notice under subsection (4).
A notice under subsection (4) must—
state that the Secretary of State proposes to make exemption regulations and set out their proposed effect,
set out the Secretary of State's reasons for the proposal, and
specify the period (“the notice period”) within which representations with respect to the proposal may be made.
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5).
Where an exemption is granted the Secretary of State—
if the exemption is granted to a prescribed person, must give notice of it to that person, and
must publish the exemption.
Regulations may revoke exemption regulations by which an exemption was granted to a person, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
at the person's request,
in accordance with any provision of the exemption regulations by which the exemption was granted, or
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
Regulations may revoke exemption regulations by which an exemption was granted to persons of a prescribed description, or amend such regulations by which more than one exemption was so granted so as to withdraw any of the exemptions—
in accordance with any provision of the exemption regulations by which the exemption was granted, or
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect.
The Secretary of State may by direction withdraw an exemption granted to persons of a description prescribed in exemption regulations for any person of that description—
at the person's request,
in accordance with any provision of the exemption regulations by which the exemption was granted, or
if the Secretary of State considers it to be inappropriate for the exemption to continue to have effect in the case of the person.
Subsection (5) applies where the Secretary of State proposes to—
make regulations under subsection (1)(b) or (c) or (2), or
give a direction under subsection (3)(b) or (c).
The Secretary of State must—
consult the following about the proposal—
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NHS England;
the Care Quality Commission and its Healthwatch England committee;
where the Secretary of State is proposing to make regulations under subsection (1)(b) or (c), give notice of the proposal to the person to whom the exemption was granted;
where the Secretary of State is proposing to make regulations under subsection (2), publish the notice;
where the Secretary of State is proposing to give a direction under subsection (3)(b) or (c), give notice of the proposal to the person from whom the Secretary of State proposes to withdraw the exemption.
The notice must—
state that the Secretary of State proposes to make the regulations or give the direction (as the case may be),
set out the Secretary of State's reasons for the proposal, and
specify the period within which representations with respect to the proposal may be made.
The period so specified must be not less than 28 days beginning with the day after that on which the notice is received or (as the case may be) published.
A person seeking to hold a licence under this Chapter must make an application to NHS England.
The application must be made in such form, and contain or be accompanied by such information, as NHS England requires.
NHS England must set and publish the criteria which must be met by a person in order for that person to be granted a licence under this Chapter.
NHS England may revise the criteria and, if it does so, must publish them as revised.
NHS England may not set or revise the criteria unless the Secretary of State has by order approved the criteria or (as the case may be) revised criteria.
This section applies where an application for a licence has been made under section 85.
If NHS England is satisfied that the applicant meets the criteria for holding a licence for the time being published under section 86 it must as soon as reasonably practicable grant the application; otherwise it must refuse it.
On granting the application, NHS England must issue a licence to the applicant.
A licence issued under this section is subject to—
such of the standard conditions (see section 94) as are applicable to the licence, and
such other conditions included in the licence by virtue of section 95 (referred to in this Chapter as “the special conditions”), and
any conditions included in the licence by virtue of section 111 (imposition of licence conditions on NHS foundation trusts during transitional period).
This section applies where—
an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or
an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations).
The NHS foundation trust is to be treated by NHS England as having—
duly made an application for a licence under section 85, and
met the criteria for holding a licence for the time being published under section 86.
An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day.
An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as—
having made an application for a licence under section 85, and
having met the criteria for holding a licence for the time being published under section 86.
An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51(1) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day.
NHS England may at any time revoke a licence under this Chapter—
on the application of the licence holder, or
if NHS England is satisfied that the licence holder has failed to comply with a condition of the licence.
NHS England must give notice—
to an applicant for a licence under this Chapter of a proposal to refuse the application;
to the licence holder of a proposal to revoke a licence under section 89(b).
A notice under this section must—
set out NHS England’s reasons for its proposal;
specify the period within which representations with respect to the proposal may be made to NHS England.
The period so specified must be not less than 28 days beginning with the day after that on which the notice is received.
This section applies if NHS England decides to—
refuse an application for a licence under section 87, or
revoke a licence under section 89(b).
NHS England must give notice of its decision to the applicant or the licence holder (as the case may be).
A notice under this section must explain the right of appeal conferred by section 92.
A decision of NHS England to revoke a licence under section 89(b) takes effect on such day as may be specified by NHS England, being a day no earlier than—
if an appeal is brought under section 92, the day on which the decision on appeal is confirmed or the appeal is abandoned,
where the licence holder notifies NHS England before the end of the period for bringing an appeal under section 92 that the licence holder does not intend to appeal, the day on which NHS England receives the notification, or
the day after that period.
An appeal lies to the First-tier Tribunal against a decision of NHS England to—
refuse an application for a licence under section 87, or
revoke a licence under section 89(b).
The grounds for an appeal under this section are that the decision was—
based on an error of fact,
wrong in law, or
unreasonable.
On an appeal under this section, the First-tier Tribunal may—
confirm NHS England’s decision,
direct that the decision is not to have effect, or
remit the decision to NHS England.
NHS England must maintain and publish a register of licence holders.
The register may contain such information as NHS England considers appropriate for the purpose of keeping members of the public informed about licence holders including, in particular, information about the revocation of any licence under this Chapter.
NHS England must secure that copies of the register are available at its offices for inspection at all reasonable times by any person.
Any person who asks NHS England for a copy of, or an extract from, the register is entitled to have one.
Regulations may provide that subsections (3) and (4) do not apply—
in such circumstances as may be prescribed, or
to such parts of the register as may be prescribed.
A fee determined by NHS England is payable for the copy or extract except—
in such circumstances as may be prescribed, or
in any case where NHS England considers it appropriate to provide the copy or extract free of charge.
NHS England must determine and publish the conditions to be included in each licence under this Chapter (referred to in this Chapter as “the standard conditions”).
Different standard conditions may be determined for different descriptions of licences.
For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by reference to—
the nature of the licence holder,
the services provided under the licence, or
the areas in which those services are provided.
But different standard conditions must not be determined for different descriptions of licences to the extent that the description is framed by reference to the nature of the licence holder unless NHS England considers that at least one of requirements 1 and 2 is met.
Requirement 1 is that—
the standard conditions in question relate to the governance of licence holders, and
it is necessary to determine different standard conditions in order to take account of differences in the status of different licence holders.
Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring that the burdens to which different licence holders are subject as a result of holding a licence are broadly consistent.
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the Secretary of State,
the NHS Commissioning Board Authority,
every Primary Care Trust,
the Care Quality Commission, and
such other persons as are likely to be affected by the inclusion of the conditions in licences under this Chapter as Monitor considers appropriate.
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in the case of section 14A of the National Health Service Act 2006, the reference in subsection (8)(c) to every Primary Care Trust is to be read as a reference to every clinical commissioning group;
in the case of section 9, the reference in subsection (8)(b) to the NHS Commissioning Board Authority is to be read as a reference to the National Health Service Commissioning Board;
in the case of section 181, the reference in subsection (8)(d) to the Care Quality Commission is to be read as including a reference to its Healthwatch England committee.
NHS England may—
... include a special condition in a licence under this Chapter, and
... modify a special condition of a licence.
Before including a special condition or making such modifications NHS England must give notice to—
the applicant or the licence holder (as the case may be),
the Secretary of State,
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such integrated care boards as are likely to be affected by the proposed inclusion or modifications, and
the Care Quality Commission and its Healthwatch England committee.
NHS England must also publish the notice under subsection (2).
The notice under subsection (2) must—
state that NHS England proposes to include the special condition or make the modifications and set out its or their proposed effect,
set out NHS England’s reasons for the proposal, and
specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
This section applies to the following functions of NHS England —
the duty to determine the standard conditions to be included in each licence under this Chapter or in licences of a particular description (see section 94);
the powers to include a special condition in a licence and to modify such a condition (see section 95);
the power to modify the standard conditions applicable to all licences, or to licences of a particular description (see section 100).
NHS England may only exercise a function to which this section applies—
for the purpose of regulating the price payable for the provision of health care services for the purposes of the NHS;
for the purpose of preventing anti-competitive behaviour in the provision of health care services for those purposes which is against the interests of people who use such services;
for the purpose of protecting and promoting the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS;
for the purpose of ensuring the continued provision of health care services for the purposes of the NHS;
for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
for the purpose of ensuring that decisions relating to the provision of health care services for the purposes of the NHS are made with regard to all their likely effects in relation to the matters referred to in subsection (2A);
for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3);
for the purpose of enabling, promoting or securing co-operation between providers of health care services for the purposes of the NHS, or between such providers and—
NHS bodies, within the meaning of section 72 of the National Health Service Act 2006, or
local authorities in England (and for this purpose “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006);
for purposes connected with the governance of persons providing health care services for the purposes of the NHS;
for purposes connected with NHS England’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006;
for purposes connected with the operation of the licensing regime established by this Chapter;
for such other purposes as may be prescribed.
The objectives referred to in subsection (2)(e), and (f) are—
improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision,
reducing inequalities between persons with respect to their ability to access those services, and
reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services.
The matters referred to in subsection (2)(da) are—
the health and well-being of the people of England;
the quality of services provided to individuals— for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England;
by relevant bodies, or
in pursuance of arrangements made by relevant bodies,
efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England.
NHS England must not exercise a function to which this section applies in a way which it considers would result in a particular licence holder or holders of licences of a particular description being put at an unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes of the NHS as a result of—
being in the public or (as the case may be) private sector, or
some other aspect of its or their status.
For the purposes of subsection (2)(da) (as read with subsection (2A))—
a reference to the effects of decisions in relation to the health and well-being of the people of England includes a reference to the effects of the decisions in relation to inequalities between the people of England with respect to their health and well-being;
a reference to effects of decisions in relation to the quality of services provided to individuals includes a reference to the effects of the decisions in relation to inequalities between individuals with respect to the benefits that they can obtain from those services.
In subsection (2)(f), “health-related services” and “social care services” each have the meaning given in section 62(11).
In subsection (2A) “relevant bodies” means—
NHS England,
integrated care boards,
NHS trusts established under section 25, and
NHS foundation trusts.
The standard or special conditions of a licence under this Chapter may, in particular, include conditions—
requiring the licence holder to pay to NHS England such fees of such amounts as NHS England may determine in respect of the exercise by NHS England of its functions under this Chapter,
requiring the licence holder to comply with any requirement imposed on it by NHS England under Chapter 6 (financial assistance in special administration cases),
requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services,
requiring the licence holder to give notice to the CMA before entering into an arrangement under which, or a transaction in consequence of which, the licence holder's activities, and the activities of one or more other businesses, cease to be distinct activities,
requiring the licence holder to provide NHS England with such information as NHS England considers necessary for the purposes of the exercise of its functions under this Part,
requiring the licence holder to publish such information as may be specified or as NHS England may direct,
requiring the licence holder to charge for the provision of health care services for the purposes of the NHS in accordance with the NHS payment scheme (see section 114A),
requiring the licence holder to comply with other rules published by NHS England about the charging for the provision of health care services for the purposes of the NHS,
requiring the licence holder—
to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to ensure the continued provision of one or more of the health care services that the licence holder provides for the purposes of the NHS,
to give NHS England notice (of such period as may be determined by or under the licence) of the licence holder's intention to cease providing a health care service for the purposes of the NHS, and
if NHS England so directs, to continue providing that service for a period determined by NHS England,
about the use or disposal by the licence holder of assets used in the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes, and
about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes.
In subsection (1) “specified” means specified in a condition.
NHS England must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide another licence holder with access to facilities of A.
A condition under subsection (1)(d)—
may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and
ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence.
The references in subsection (1)(d) to the activities of a licence holder or other business include a reference to part of the activities concerned.
The references in subsections (1)(d) and (5) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business.
A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect, at such times and in such circumstances as may be determined by or under the conditions.
The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in particular—
providing information to the commissioners of services to which the condition applies and to such other persons as NHS England may direct,
allowing NHS England to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
co-operating with such persons as NHS England may appoint to assist in the management of the licence holder's affairs, business and property.
A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
Where a licence includes a condition under section 97(1)(i), (j) or (k), NHS England must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
NHS England must publish guidance—
for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
A commissioner of services to which a condition under section 97(1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
NHS England may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
In subsections (4)(a) and (5) “commissioner” does not include NHS England.
Before publishing guidance under subsection (4) or (6), NHS England must obtain the approval of—
the Secretary of State, ...
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This section applies where NHS England—
takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and
does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider.
NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—
of the action it has taken, and
of its reasons for being satisfied as mentioned in subsection (1)(b).
NHS England must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of NHS England’s reasons for being satisfied as mentioned in subsection (1)(b).
... Integrated care boards, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.
NHS England may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
Before making any modifications under subsection (1) NHS England must give notice to—
each relevant licence holder,
the Secretary of State,
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every integrated care board, and
the Care Quality Commission and its Healthwatch England committee.
Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must—
carry out an assessment of the likely impact of the modifications, or
publish a statement setting out its reasons for concluding that such assessment is not needed.
NHS England must also publish the notice under subsection (2).
The notice under subsection (2) must—
state that NHS England proposes to make the modifications,
set out the proposed effect of the modifications,
set out NHS England’s reasons for the proposal, and
set out any impact assessment carried out by NHS England under subsection (1A)(a),
specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England.
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3).
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no relevant licence holder has made an objection to Monitor about the proposal within the notice period, or
subsection (7) applies to the case.
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one or more relevant licence holders make an objection to Monitor about the proposal within the notice period,
the objection percentage is less than the percentage prescribed for the purposes of this paragraph, and
the share of supply percentage is less than the percentage prescribed for the purposes of this paragraph.
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the “objection percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals;
the “share of supply percentage” is the proportion (expressed as a percentage) of the relevant licence holders who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.
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Where NHS England modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, NHS England—
may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,
must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
must publish the modifications.
In this section..., “relevant licence holder”—
in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and
in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description.
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
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Subsection (2) applies where—
Monitor has given notice under section 95(2) of a proposal to include a special condition in a licence or modify such a condition, and
the applicant or (as the case may be) licence holder concerned has refused consent to the inclusion of the condition or the making of the modifications.
Monitor may make a reference to the Competition Commission which is so framed as to require the Commission to investigate and report on the questions—
whether any matters which relate to the provision, or proposed provision, of a health care service for the purposes of the NHS by the applicant or (as the case may be) licence holder concerned and which are specified in the reference, operate, or may be expected to operate, against the public interest, and
if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by the inclusion of a special condition in the applicant’s licence or by modifications of a special condition of the licence holder’s licence.
Subsection (4) applies where—
Monitor has given notice under section 100(2) of a proposal to make modifications to the standard conditions applicable to all licences under this Chapter, or to licences of a particular description, and
section 100 operates to prevent Monitor from making the modifications.
Monitor may make a reference to the Competition Commission which is so framed as to require the Commission to investigate and report on the questions—
whether any matters which relate to the provision of health care services for the purposes of the NHS by the relevant licence holders, and which are specified in the reference, operate, or may be expected to operate, against the public interest, and
if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the standard conditions applicable to all licences under this Chapter, or to licences of a particular description.
Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection (2) or (4); and, for that purpose, the relevant persons are—
in paragraphs 3, 6(6) and 7(6)—
the applicant or licence holder concerned or (as the case may be) relevant licence holders,
the National Health Service Commissioning Board, and
such clinical commissioning groups as are likely to be affected by matters to which the reference relates,
in paragraph 5(6), the applicant or licence holder concerned or (as the case may be) relevant licence holders, and
in paragraph 8(10)—
the applicant or licence holder concerned or (as the case may be) relevant licence holders,
Monitor,
the National Health Service Commissioning Board, and
such clinical commissioning groups as are likely to be affected by the proposal concerned.
In investigating the question under subsection (2)(a) or (4)(a) the Competition Commission must have regard to—
the matters in respect of which Monitor has duties under section 62, and
the matters to which Monitor must have regard by virtue of section 66.
Where the standard conditions applicable to all licences or (as the case may be) to licences of a particular description are modified pursuant to a reference made under subsection (4), Monitor—
may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications,
must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
must publish any modifications made under this subsection.
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
This section applies where the CMA or Secretary of State (the “relevant authority”) makes a relevant order.
A relevant order may modify—
the conditions of a particular licence, or
the standard conditions applicable to all licences under this Chapter or to licences of a particular description.
The modifications which may be made by a relevant order are those which the relevant authority considers necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
In this section “relevant order” means—
an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS;
an order under any of those provisions of that Act where one or more of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS;
an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to—
the commissioning by NHS England or an integrated care board of health care services for the purposes of the NHS, or
the provision of those services.
The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, the relevant authority—
may, after consultation with NHS England, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any other conditions of any licence which is affected by the modifications,
must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and
must publish any modifications it makes under paragraph (b).
Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part.
In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition.
The standard conditions applicable to any licence under this Chapter must include a condition requiring the licence holder to—
set transparent eligibility and selection criteria, and
apply those criteria in a transparent way to persons who, having a choice of persons from whom to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
“Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
whether a person is eligible, or is to be selected, to receive health care services provided by the licence holder for the purposes of the NHS, and
if the person is selected, the manner in which the services are provided to the person.
The following powers must not be exercised so as to omit the condition mentioned in subsection (1) from any licence under this Chapter—
the power conferred on NHS England by section 100 to modify the standard conditions applicable to all licences, or to licences of a particular description,
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the powers conferred by section 102 on the CMA and Secretary of State to modify those conditions or the conditions of a particular licence.
NHS England may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions.
The persons are—
an applicant for a licence under this Chapter,
a licence holder,
a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter,
a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement,
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an integrated care board.
The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
In this section “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.
this Chapter,
Chapters 4 to 6,
Chapter 5 of Part 2 of the National Health Service Act 2006 (NHS foundation trusts), and
Chapter 5A of that Part of that Act (trust special administration).
NHS England may impose one or more discretionary requirements on a person if NHS England is satisfied that the person—
has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter (see section 81),
is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
is in breach of a requirement imposed by NHS England under section 104.
In this Chapter, “discretionary requirement” means—
a requirement to pay a monetary penalty to NHS England of such amount as NHS England may determine (referred to in this Chapter as a “variable monetary penalty”),
a requirement to take such steps within such period as NHS England may specify, to secure that the breach in question does not continue or recur (referred to in this Chapter as a “compliance requirement”), or
a requirement to take such steps within such period as NHS England may specify, to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred (referred to in this Chapter as a “restoration requirement”).
NHS England must not impose discretionary requirements on a person on more than one occasion in relation to the same breach.
A variable monetary penalty must not exceed 10% of the turnover in England of the person on whom it is imposed, such amount to be calculated in the prescribed manner.
If the whole or any part of a variable monetary penalty is not paid by the time it is required to be paid, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; but the total interest must not exceed the amount of the penalty.
NHS England may accept an enforcement undertaking from a person if NHS England has reasonable grounds to suspect that the person—
has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter,
is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or
is in breach of a requirement imposed by NHS England under section 104.
In this Chapter, “enforcement undertaking” means an undertaking from a person to take such action of a kind mentioned in subsection (3) as may be specified in the undertaking within such period as may be so specified.
The specified action must be—
action to secure that the breach in question does not continue or recur,
action to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred,
action (including the payment of a sum of money) to benefit—
any other licence holder affected by the breach, or
any commissioner of health care services for the purposes of the NHS which is affected by the breach, or
action of such a description as may be prescribed.
Where NHS England accepts an enforcement undertaking then, unless the person from whom the undertaking is accepted has failed to comply with the undertaking or any part of it—
NHS England may not impose on that person any discretionary requirement which it would otherwise have power to impose by virtue of section 105 in respect of the breach to which the undertaking relates, and
if the breach to which the undertaking relates falls within subsection (1)(b), NHS England may not revoke that person's licence under section 89(b).
Where a person from whom NHS England has accepted an enforcement undertaking has failed to comply fully with the undertaking but has complied with part of it, NHS England must take the partial compliance into account in deciding whether—
to impose a discretionary requirement on the person in respect of the breach to which the undertaking relates, or
if the breach to which the undertaking relates falls within subsection (1)(b), to revoke the person's licence under section 89(b).
Schedule 11 (Part 1 of which makes further provision about discretionary requirements and Part 2 of which makes further provision about enforcement undertakings) has effect.
NHS England must publish guidance about how it intends to exercise its functions under sections 105 and 106 and Schedule 11.
NHS England may revise the guidance and, if it does so, must publish the guidance as revised.
NHS England must consult such persons as it considers appropriate before publishing or revising the guidance.
Guidance relating to NHS England’s functions under section 105 must include information about—
the circumstances in which NHS England is likely to impose a discretionary requirement,
the circumstances in which NHS England may not impose a discretionary requirement,
the matters likely to be taken into account by NHS England in determining the amount of any variable monetary penalty to be imposed (including, where relevant, any discounts for voluntary reporting of breaches in respect of which a penalty may be imposed), and
rights to make representations and rights of appeal.
NHS England must have regard to the guidance or (as the case may be) revised guidance in exercising its functions under sections 105 and 106 and Schedule 11.
NHS England must include information about the following in its annual report—
the cases in which a discretionary requirement has been imposed during the financial year to which the report relates, and
the cases in which an enforcement undertaking has been accepted during that financial year.
But NHS England must not include information which it is satisfied is—
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of the person to whom it relates;
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
As soon as reasonably practicable after imposing a discretionary requirement or accepting an enforcement undertaking NHS England must notify the following of that fact—
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such integrated care boards as are likely to be affected by the imposition of the requirement or the acceptance of the undertaking, and
any person exercising regulatory functions in relation to the person on whom the discretionary requirement was imposed or from whom the enforcement undertaking was accepted.
In subsection (1) “regulatory functions” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (see section 32 of that Act).
Where NHS England is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, NHS England may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
The circumstances in which NHS England may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing—
to secure compliance with conditions in the trust’s licence, or
to take steps to reduce the risk of a breach of a condition in the trust’s licence.
A condition included under subsection (1) or (2A) has effect until this section ceases, by virtue of section 112, to have effect in relation to the trust.
Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, NHS England may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates.
NHS England may modify a condition included under subsection (1) or (2A).
Where NHS England is satisfied that the trust has breached or is breaching a condition included under subsection (1) or (2A), NHS England may by notice require the trust to—
remove one or more of the directors or members of the council of governors and appoint interim directors or members of the council;
suspend one or more of the directors or members of the council from office as a director or member for a specified period;
disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period.
Where NHS England is satisfied that a person has failed or is failing to comply with a notice under subsection (5), NHS England may do one or more of the things which it may require the trust to do under that subsection.
Subsection (5) does not prevent NHS England from exercising in relation to a condition included in a licence under subsection (1) or (2A) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
Where NHS England includes a condition under subsection (1) or (2A), it may also make such incidental or consequential modifications as it considers necessary or expedient of any other condition of the licence concerned which is affected.
Where NHS England includes a condition under subsection (1) or (2A) by modifying a standard condition of the licence concerned, the modification does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
In this section, a reference to failing to discharge functions includes a reference to failing to discharge those functions properly.
Omit section 52 of the National Health Service Act 2006 (failing NHS foundation trusts); and in consequence of that, omit—
section 39(2)(f) of that Act (copy of notice under section 52 of that Act to be on register), and
paragraph 22(1)(f) of Schedule 7 to that Act (copy of that notice to be available for public inspection).
Section 111 ceases to have effect in relation to an NHS foundation trust on such day as the Secretary of State may by order specify.
Different days may be appointed in relation to different NHS foundation trusts.
A day specified under subsection (1) must not—
in the case of an NHS foundation trust authorised on or before 1 April 2014, be before 1 April 2016;
in the case of an NHS foundation trust authorised after 1 April 2014, be before the end of the period of two years beginning with the day on which the trust was authorised.
In this section, a reference to being authorised is a reference to being given an authorisation under section 35 of the National Health Service Act 2006.
Section 111 is repealed as soon as there are—
no NHS foundation trusts in relation to which it has effect, and
no NHS trusts in existence ....
Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify NHS England.
NHS England, having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply.
Before setting criteria under subsection (2), NHS England must—
consult the Care Quality Commission and such other persons as NHS England considers appropriate, and
obtain the approval of the Secretary of State.
If the Secretary of State approves the proposed criteria, NHS England must—
publish the criteria,
determine, by applying the criteria, to which trusts the order should apply,
notify the Secretary of State of its determination, and
publish a list of the trusts concerned.
If the Secretary of State does not approve the proposed criteria, NHS England must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed.
The Secretary of State, having received a notification under subsection (4)(c), must review NHS England’s determination under subsection (4)(b).
Sections 112 and 113 are repealed immediately after section 111 is repealed; and in consequence of that—
in section 67(2)(a), omit “or under sections 111 and 113 of this Act (imposition of licence conditions on NHS foundation trusts during transitional period)”,
omit section 67(3),
in section 87(4), after paragraph (a) insert “and”, and
in section 87(4), omit paragraph (c) and the preceding “and”.
This section is repealed immediately after sections 112 and 113 are repealed.
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If a health care service is specified in the national tariff (as to which, see section 116), the price payable for the provision of that service for the purposes of the NHS is (subject to sections 124 and 125) such price as is determined in accordance with the national tariff on the basis of the price (referred to in this Chapter as “the national price”) specified in the national tariff for that service.
If a health care service is not specified in the national tariff, the price payable for the provision of that service for the purposes of the NHS is such price as is determined in accordance with the rules provided for in the national tariff for that purpose.
NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner—
for the provision of health care services for the purposes of the NHS;
for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act.
The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection.
Rules under subsection (1) may, in particular—
specify prices;
specify amounts, formulae or other matters on the basis of which prices are to be determined;
provide for prices to be determined for, or by reference to, components of services or groups of services;
make different provision for different services or provision for some services but not others;
make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision;
confer a discretion on the commissioner of a service or on NHS England.
Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service.
Rules made by virtue of subsection (4) may—
make provision about how the price is to be agreed;
allow the agreement to make any provision that could be made by rules by virtue of subsection (3);
provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement.
For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1)(a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1), have regard to—
differences in the costs incurred in providing those services to persons of different descriptions, and
differences between providers with respect to the range of those services that they provide.
The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service.
The NHS payment scheme may contain guidance as to the application of rules under subsection (1).
A commissioner of a service mentioned in subsection (1) must have regard to any such guidance.
The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect.
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Monitor must publish a document, to be known as “the national tariff”, which specifies—
certain health care services which are or may be provided for the purposes of the NHS,
the method used for determining the national prices of those services,
the national price of each of those services, and
the method used for deciding whether to approve an agreement under section 124 and for determining an application under section 125 (local modifications of prices).
The national tariff may provide for rules under which the commissioner of a health care service specified in the national tariff and the providers of that service may agree to vary—
the specification of the service under subsection (1)(a), or
the national price of the service.
Where a variation is agreed in accordance with rules provided for under subsection (2), the commissioner of the service in question must maintain and publish a written statement of—
the variation, and
such other variations as have already been agreed in accordance with rules provided for under that subsection in the case of that service.
The national tariff may also—
specify variations to the national price for a service by reference to circumstances in which the service is provided or other factors relevant to the provision of the service,
provide for rules for determining the price payable for the provision for the purposes of the NHS of health care services which are not specified under subsection (1)(a), and
provide for rules relating to the making of payments to the provider of a health care service for the provision of that service.
Rules provided for under subsection (4)(b) may specify health care services which are not specified under subsection (1)(a).
The national tariff may also provide for rules for determining, where a health care service is specified in more than one way under subsection (1)(a) or in more than one way in rules provided for under subsection (4)(b), which specification of the service is to apply in any particular case or cases of any particular description.
The national tariff may include guidance as to— and a commissioner of a health care service for the purposes of the NHS must have regard to guidance under this subsection.
the application of the method specified under subsection (1)(d),
the application of rules provided for under subsection (2), (4)(b) or (6),
the discharge of the duty imposed by subsection (3), or
the application of variations specified under subsection (4)(a),
Different methods may be specified under subsection (1)(b) for different descriptions of health care service.
The national tariff may, in the case of a specified health care service or health care services of a specified description, specify different national prices or different variations under subsection (4)(a) in relation to different descriptions of provider.
A description for the purposes of subsection (9) may not be framed by reference to—
whether the provider is in the public or (as the case may be) private sector, or
some other aspect of the status of the provider.
The national tariff may not specify a national price for a health care service provided pursuant to the public health functions of the Secretary of State, or of a local authority, under the National Health Service Act 2006.
The national tariff has effect for such period as is specified in the national tariff (or, where a new edition of the national tariff takes effect before the end of that period, until that new edition takes effect).
In exercising its functions under this Chapter, Monitor must (in addition to the matters specified in section 66) have regard to the objectives and requirements for the time being specified in the mandate published under section 13A of the National Health Service Act 2006.
Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction—
to secure that the failure does not continue or recur, or
to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred.
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The ways in which a health care service may be specified in the national tariff under section 116(1)(a), or in rules provided for in the national tariff under section 116(4)(b), include in particular—
specifying it by reference to its components,
specifying it as a service (a “bundle”) that comprises two or more health care services which together constitute a form of treatment,
specifying it as a service in a group of standardised services.
In the case of a service specified in the national tariff under section 116(1)(a), the national tariff must—
if the service is specified in accordance with subsection (1)(a), specify a national price for each component of the service;
if it is specified in accordance with subsection (1)(b), specify a national price for the bundle;
if it is specified in accordance with subsection (1)(c), specify a single price as the national price for each service in the group.
In the case of a service specified in rules provided for in the national tariff under section 116(4)(b), the rules may—
if the service is specified in accordance with subsection (1)(a), make provision for determining the price payable for each component of the service;
if it is specified in accordance with subsection (1)(b), make provision for determining the price payable for the bundle;
if it is specified in accordance with subsection (1)(c), make provision for determining the price payable for each service in the group.
Where the commissioner of a health care service for the purposes of the NHS agrees to pay a price for the provision of the service other than the price that is payable by virtue of this Chapter, Monitor may direct the commissioner to take such steps within such period as Monitor may specify to secure that the position is, so far as practicable, restored to what it would have been if the commissioner had agreed to pay the price payable by virtue of this Chapter.
Where the commissioner of a health care service fails to comply with rules provided for under section 116(2), (4) or (6), Monitor may direct the commissioner to take such steps within such period as Monitor may specify—
to secure that the failure does not continue or recur;
to secure that the position is, so far as practicable, restored to what it would have been if the failure was not occurring or had not occurred.
Before publishing the NHS payment scheme, NHS England must—
carry out an assessment of the likely impact of the proposed scheme, or
publish a statement setting out its reasons for concluding that such assessment is not needed.
Before publishing the NHS payment scheme, NHS England must consult the following—
each integrated care board;
each relevant provider;
such other persons as NHS England considers appropriate.
NHS England must give those persons a notice—
describing the proposed NHS payment scheme,
setting out any impact assessment carried out under subsection (1)(a), and
specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
NHS England must publish the notice given under subsection (3).
If, having consulted under this section— NHS England must consult again under this section.
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
Subsection (6) does not apply where section 114D applies.
In this section “relevant provider” means—
a licence holder, or
another person, of a prescribed description, that provides—
health care services for the purposes of the NHS, or
services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).
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Before publishing the national tariff, Monitor must send a notice to—
each clinical commissioning group,
each relevant provider, and
such other persons as it considers appropriate.
Monitor must also publish the notice.
The notice must specify—
the health care services which Monitor proposes to specify in the national tariff,
the method or methods it proposes to use for determining the national prices of those services,
the prices, determined in each case by using the applicable method specified under paragraph (b), that Monitor proposes as the national prices of those services, and
the method it proposes to use for deciding whether to approve an agreement under section 124 and for determining an application under section 125 (local modifications of national prices).
The notice may specify such rules as Monitor proposes to provide for in the national tariff under which the commissioner of a health care service and a provider of the service would be entitled to vary—
the specification of the service in the national tariff, or
the national price of the service.
The notice may also specify—
such variations (by reference to circumstances in which a service is provided or other factors relevant to its provision) as Monitor proposes to specify to the prices that it proposes as the national prices,
such rules as Monitor proposes to provide for in the national tariff for determining the price payable for the provision for the purposes of the NHS of health care services not specified for the purposes of subsection (3)(a), and
such rules as Monitor proposes to provide for in the national tariff for determining, where a health care service is specified in more than one way for the purposes of subsection (3)(a) or in more than one way in rules specified for the purposes of paragraph (b), which specification of the service is to apply in any particular case or cases of any particular description.
The notice may include such guidance as Monitor proposes to provide for in the national tariff as to—
the application of the method specified for the purposes of subsection (3)(d);
the application of rules specified for the purposes of subsection (4) or (5)(b) or (c);
the application of variations specified for the purposes of subsection (5)(a).
The health care services specified for the purposes of subsection (3)(a) are only such services as the National Health Service Commissioning Board considers should be so specified and—
as the Board and Monitor agree will be so specified, or
in default of agreement, as are determined by arbitration as being services that will be so specified.
A method specified for the purposes of subsection (3)(b) or (d) is only such method, and such guidance on the application of the method specified for the purposes of subsection (3)(d) as is included for the purposes of subsection (6) is only such guidance, as Monitor considers should be so specified and included and—
as Monitor and the Board agree will be so specified and included, or
in default of agreement, as is determined by arbitration as being the method that will be so specified and the guidance that will be so included.
The prices specified for the purposes of subsection (3)(c) are only such prices as Monitor considers should be so specified and—
as Monitor and the Board agree will be so specified, or
in default of agreement, as are determined by arbitration as being the prices that will be so specified.
Such variations as are specified for the purposes of subsection (5)(a), and such guidance on the application of those variations as is included for the purposes of subsection (6), are only such variations and such guidance as Monitor considers should be so specified and included and—
as Monitor and the Board agree will be so specified and included, or
in default of agreement, as are determined by arbitration as being the variations that will be so specified and the guidance that will be so included.
Such rules as are specified for the purposes of subsection (4) or (5)(c), and such guidance on those rules as is included for the purposes of subsection (6), are only such rules and such guidance as the National Health Service Commissioning Board considers should be so specified and included and—
as the Board and Monitor agree will be so specified and included, or
in default of agreement, as are determined by arbitration as being the rules that will be so specified and the guidance that will be so included.
Such rules as are specified for the purposes of subsection (5)(b), and such guidance on those rules as is included for the purposes of subsection (6), are only such rules and such guidance as Monitor considers should be so specified and included and—
as Monitor and the Board agree will be so specified and included, or
in default of agreement, as are determined by arbitration as being the rules that will be so specified and the guidance that will be so included.
A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day after that on which the notice is published under subsection (2).
In this section, a “relevant provider” is—
a licence holder, or
such other person, of such description as may be prescribed, as provides health care services for the purposes of the NHS.
This section applies where—
within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and
either or both of the following apply—
the objection percentage for integrated care boards exceeds the prescribed percentage;
the objection percentage for relevant providers exceeds the prescribed percentage.
In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.
NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.
If, having complied with subsection (3)— NHS England must consult again under section 114C.
NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and
it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,
If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—
publish a notice stating that decision and setting out the reasons for it, and
send a copy of the notice to—
the persons consulted under subsection (3), and
the integrated care boards or relevant providers from whom objections were received.
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For the purpose of securing that the prices payable for the provision of health care services for the purposes of the NHS are such as to result in a fair level of pay for providers of the services, the National Health Service Commissioning Board and Monitor must, in exercising functions under section 118, have regard to—
differences in the costs incurred in providing health care services for the purposes of the NHS to persons of different descriptions, and
differences between providers with respect to the range of health care services that they provide for those purposes.
In exercising functions under section 118(7), the Board and Monitor must act with a view to securing the standardisation throughout England of the specification of health care services in the national tariff under section 116(1)(a).
In exercising functions under section 118(12), Monitor and the Board must act with a view to securing the standardisation throughout England of the specification of health care services in rules provided for in the national tariff under section 116(4)(b).
In carrying out the duty under subsection (2) or (3), the Board and Monitor must have regard to whether, or to what extent, standardisation is likely to have a significant adverse impact on the provision of health care services for the purposes of the NHS.
NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.
In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—
the proportion of integrated care boards that would be affected by the proposed amendments;
the proportion of relevant providers that would be affected by the proposed amendments;
the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;
whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;
the amount of any increase or decrease in prices that would result from the proposed amendments.
If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.
Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments—
any integrated care boards that would be affected by the proposed amendments;
any relevant providers that would be affected by the proposed amendments;
such other persons as NHS England considers appropriate.
NHS England must publish a notice specifying—
the proposed amendments, and
when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.
The consultation period is the period of 28 days beginning with the day after that on which the notice is published.
NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4).
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If Monitor receives objections from one or more clinical commissioning groups or relevant providers to a method it proposes under section 118(3)(b), Monitor may not publish the national tariff unless—
the conditions in subsection (2) are met, or
where those conditions are not met, Monitor has made a reference to the Competition Commission.
The conditions referred to in subsection (1)(a) are that—
the objection percentage for clinical commissioning groups is less than the prescribed percentage,
the objection percentage for relevant providers is less than the prescribed percentage, and
the share of supply percentage is less than such percentage as may be prescribed.
In subsection (2)—
the “objection percentage” is the proportion (expressed as a percentage) of clinical commissioning groups or (as the case may be) relevant providers who objected to the proposed method, and
the “share of supply percentage” is the proportion (expressed as a percentage) of relevant providers who objected to the proposed method, weighted according to their share of the supply in England of such services as may be prescribed.
A reference under subsection (1)(b) must require the Competition Commission to determine whether the method proposed under section 118(3)(b) is appropriate.
The functions of the Competition Commission with respect to a reference under this section are not to be regarded as general functions of its for the purposes of Part 2 of Schedule 7 to the Competition Act 1998; instead, Schedule 12 to this Act (procedure on a reference under this section) has effect.
Regulations prescribing a percentage for the purposes of subsection (2)(c) may include provision prescribing the method used for determining a relevant provider’s share of the supply in England of the services concerned.
In this section and section 121 and Schedule 12, “relevant provider” has the meaning given in section 118(14).
In this Chapter—
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In carrying out a determination on a reference under section 120, the Competition Commission must have regard, to the same extent as is required of Monitor, to the matters to which Monitor must have regard in carrying out the functions of its to which the determination relates.
In carrying out the determination, the Competition Commission must also have regard to such representations as are made to it by clinical commissioning groups or relevant providers who made objections to Monitor in accordance with paragraph 2 of Schedule 12 about the method proposed under section 118(3)(b).
In carrying out the determination, the Competition Commission—
may also have regard to matters to which Monitor was not able to have regard in the case to which the determination relates, but
must not, in the exercise of the power under paragraph (a), have regard to a matter to which Monitor would not have been entitled to have regard in that case had it had the opportunity to do so.
The Commission may determine that the method proposed under section 118(3)(b) is not appropriate only if it is satisfied that Monitor’s decision to propose the method was wrong on one or more of the following grounds—
that Monitor failed to have regard to the matters referred to in subsection (1),
that the decision was based, wholly or partly, on an error of fact,
that the decision was wrong in law.
Where the Commission determines that the method proposed under section 118(3)(b) is appropriate, Monitor may use that method for the purposes of the national tariff accordingly.
Where the Commission determines that the method proposed under section 118(3)(b) is not appropriate, it must remit the matter to Monitor for reconsideration and decision in accordance with such directions as the Commission may give.
A direction under subsection (6) may, in particular, require Monitor to make such changes to the method in question as are specified in the direction.
A determination on a reference under section 120—
must be contained in an order made by the Commission,
must set out the reasons for the determination, and
takes effect at the time specified in the order or determined in accordance with provision made in the order.
The Commission must give notice of a determination on a reference under section 120 to—
Monitor,
the National Health Service Commissioning Board, and
such clinical commissioning groups or relevant providers as made representations in accordance with paragraph 2 of Schedule 12.
The Commission must also publish the determination; but it must exclude from what it publishes information which it is satisfied is—
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person’s interests.
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Where the Competition Commission remits a matter to Monitor under subsection (6) of section 121, Monitor must make such changes to the method to which the matter relates as it considers necessary, having regard to the reasons specified for the purposes of subsection (8)(b) of that section.
Monitor must give the Competition Commission and the National Health Service Commissioning Board a notice specifying—
the changes it proposes to make, and
its reasons for proposing to make them.
Monitor must make the changes specified in the notice unless it is given a direction under section 123 before the end of the period of 28 days beginning with the day after that on which it gave the notice.
If Monitor is given a direction under that section before the end of that period, it must make such of the changes as are not specified in the direction.
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The Competition Commission may, within the period of 28 days beginning with the day after that on which it is given a notice under section 122, direct Monitor—
not to make the changes specified in the notice, or
not to make such of those changes as may be specified in the direction.
Monitor must comply with a direction under this section.
The Secretary of State may, within that period and on the application of the Commission, direct that the period for giving a direction under this section (and, accordingly, the period referred to in section 122(3)) is to be extended by 14 days.
The Competition Commission may give a direction under this section only in respect of such of the changes specified in the notice under section 122 as it considers are not necessary in consequence of its determination on the reference.
If the Commission gives a direction under this section, it—
must give notice specifying the changes proposed by Monitor, the terms of the direction and the reasons for giving it, and
must itself make such changes to the method to which the reference relates as it considers necessary in consequence of its determination on the reference.
In exercising its function under subsection (5)(b), the Commission must have regard to the matters to which Monitor must have regard when determining the method to which the reference relates.
Before making changes under subsection (5)(b), the Commission must give notice to Monitor and the National Health Service Commissioning Board specifying—
the changes it proposes to make,
its reasons for proposing to make them, and
the period within which representations on the proposed changes may be made.
The period specified for the purposes of subsection (7)(c) must not be less than 28 days beginning with the day on which the notice is given.
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The commissioner and the provider of a health care service may agree that the price payable to the provider for the provision of the service for the purposes of the NHS in such circumstances or areas as may be determined in accordance with the agreement is the price determined in accordance with the national tariff for that service as modified in accordance with the agreement.
An agreement under this section must specify the date on which the modification is to take effect; and a date specified for that purpose may be earlier than the date of the agreement (but not earlier than the date on which the national tariff took effect).
An agreement under this section has effect only if it is approved by Monitor.
An agreement submitted for approval under subsection (3) must be supported by such evidence as Monitor may require.
Monitor may approve an agreement under this section only if, having applied the method specified under section 116(1)(d), it is satisfied that, without a modification to the price determined in accordance with the national tariff for that service, it would be uneconomic for the provider to provide the service for the purposes of the NHS.
Where an agreement is approved under subsection (3), Monitor must send a notice to the Secretary of State and such clinical commissioning groups, providers and other persons as it considers appropriate.
Monitor must also publish the notice.
The notice must specify—
the modification, and
the date on which it takes effect.
If the Secretary of State considers that the modification gives or may give rise (or, where it has yet to take effect, would or might give rise) to liability for breach of an EU obligation, the Secretary of State may give a direction to that effect; and the modification is (or is to be) of no effect in so far as it is subject to the direction.
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Monitor may, on an application by a provider of a health care service who has failed to reach an agreement under section 124 with the commissioner, decide that the price payable to the provider for the provision of the service for the purposes of the NHS in such circumstances or areas as Monitor may determine is to be the price determined in accordance with the national tariff for that service as modified in such way as Monitor may determine.
An application under this section must be supported by such evidence as Monitor may require.
Monitor may grant an application under this section only if, having applied the method under section 116(1)(d), it is satisfied that, without a modification to the price determined in accordance with the national tariff for that service, it would be uneconomic for the provider to provide the service for the purposes of the NHS.
Subsections (5) to (8) apply where Monitor grants an application under this section.
The decision by Monitor on the application takes effect on such date as Monitor may determine; and a date determined for that purpose may be earlier than the date of the decision (but not earlier than the date on which the national tariff took effect).
Monitor must send a notice of the decision to the Secretary of State and such clinical commissioning groups, providers and other persons as it considers appropriate.
Monitor must also publish the notice.
The notice must specify—
the modification, and
the date on which it takes effect.
If the Secretary of State considers that the modification gives or may give rise (or, where it has yet to take effect, would or might give rise) to liability for breach of an EU obligation, the Secretary of State may give a direction to that effect; and the modification is (or is to be) of no effect in so far as it is subject to the direction.
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This section applies where Monitor—
receives an application under section 125, and
is satisfied that the continued provision for the purposes of the NHS of health care services to which a condition in the applicant’s licence under section 97(1)(i), (j) or (k) applies is being put at significant risk by the configuration of certain health care services provided for those purposes.
In subsection (1), a reference to the provision of services is a reference to their provision by the applicant or any other provider.
Monitor must as soon as reasonably practicable notify the National Health Service Commissioning Board and such clinical commissioning groups as Monitor considers appropriate—
of its receipt of the application, and
of its reasons for being satisfied as mentioned in subsection (1)(b).
Monitor must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as mentioned in subsection (1)(b).
The Board and clinical commissioning groups, having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where the national tariff contains information that does not accord with—
what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
where the matter was determined by arbitration, what was determined.
Monitor must send a notice to—
each clinical commissioning group,
each relevant provider, and
such other persons as Monitor considers appropriate.
Monitor must also publish the notice.
The notice must specify—
the information that does not accord with what was agreed or determined,
the correction required to make the information so accord, and
the date on which the correction is to take effect.
A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
In this section, “relevant provider” has the meaning given in section 118(14).
In this Chapter “health special administration order” means an order which—
is made by the court in relation to a relevant provider, and
directs that the affairs, business and property of the provider are to be managed by one or more persons appointed by the court.
An application to the court for a health special administration order may be made only by NHS England.
A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health special administrator”.
A health special administrator of a company—
is an officer of the court, and
in exercising functions in relation to the company, is the company's agent.
A person is not to be the health special administrator of a company unless the person is qualified to act as an insolvency practitioner in relation to the company.
A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator's functions, so as to—
achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services provided by the provider is carried on in accordance with any requirements or conditions imposed in respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the provider as a whole, and
so far as is consistent with that objective and subject to those interests, protect the interests of the members of the provider as a whole.
In relation to a health special administration order applying to a non-GB company, references in this Chapter to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain.
In this section—
a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualifications);
“regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act).
In this Chapter— “business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that Act); “company” includes a company not registered under the Companies Act 2006; “court”, in relation to a company, means the court— having jurisdiction to wind up the company, or that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland); “member” is to be read in accordance with section 250 of the Insolvency Act 1986; “non-GB company” means a company incorporated outside Great Britain; “relevant provider” means a company which is providing services to which a condition included in the company's licence under section 97(1)(i), (j) or (k) applies; “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
an unregulated health care worker, or
The National Assistance Act 1948 is amended as follows.
Monitor must publish a procedure for entering into section 77 undertakings. Monitor may revise the procedure and, if it does so, Monitor must publish the procedure as revised. Monitor must consult such persons as it considers appropriate before publishing or revising the procedure.
If a person fails to comply with a compliance requirement or a restoration requirement Monitor may impose a monetary penalty on that person of such amount as Monitor may determine (a “non-compliance penalty”). Where Monitor proposes to impose a non-compliance penalty on a person Monitor must give notice to that person (a “non-compliance notice”). A non-compliance notice must— The payment period must be not less than 28 days beginning with the day after that on which the non-compliance notice is received. If the whole or any part of a non-compliance penalty is not paid by the time it is required to be paid Monitor may increase the amount payable by no more than 50% of the amount of the penalty. Monitor may by notice to a person on whom a non-compliance penalty has been imposed reduce the amount of the penalty or extend the payment period.
Where Monitor is satisfied that an enforcement undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”). A person who has given an enforcement undertaking may at any time make an application to Monitor for a compliance certificate. The application must be made in such form, and accompanied by such information, as Monitor requires. Monitor must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the Commissioner), omit paragraph (d).
The Audit Commission Act 1998 is amended as follows.
Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts, omit “the National Health Service Act 2006,”.
The Finance Act 2003 is amended as follows.
Anything which is in the process of being done by the National Information Governance Board for Health and Social Care under an enactment immediately before abolition may be continued by the Secretary of State. Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose— Anything which the Board is required to do under an enactment before abolition may, in so far as it has not been done by the Board, be done by the Secretary of State after abolition. In this paragraph—
Section 24 (local authority's liability for provision of accommodation) is amended as follows. In subsections (6A) and (6B)— After subsection (6B), insert—
Where Monitor accepts a section 77 undertaking, Monitor must publish the undertaking. But Monitor must not under sub-paragraph (1) publish any part of a section 77 undertaking which contains information which it is satisfied is—
A person may appeal to the First-tier Tribunal against a decision of Monitor to impose a non-compliance penalty. The grounds for such an appeal are— The non-compliance penalty is suspended pending determination of the appeal. On an appeal, the Tribunal may—
An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse an application for a certificate of compliance. The grounds for an appeal under this paragraph are that the decision was— On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have effect.
Omit section 33(8)(c) (bodies not subject to certain Commission studies).
In section 61(3) (bodies that are public authorities for purpose of requirement to comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)—
after “such” insert “clinical commissioning group or”, and
omit “Primary Care Trust or”.
In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National Health Service Trust”.
In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.
“Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (and, for that purpose, “enactment” includes subordinate legislation within the meaning of the Interpretation Act 1978 and Northern Ireland legislation), and
Where Monitor is satisfied that a section 77 undertaking has been complied with, Monitor must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”). A person who has given a section 77 undertaking may at any time make an application to Monitor for a compliance certificate. The application must be made in such form, and accompanied by such information, as Monitor requires. Monitor must decide whether or not to issue a compliance certificate, and give notice to the applicant of its decision, before the end of the period of 14 days beginning with the day after that on which the application is received.
Monitor may specify in a reference, or a variation under paragraph 1, for the purpose of assisting the Competition Commission in carrying out the investigation on the reference—
any effects adverse to the public interest which Monitor considers the matters specified in the reference or variation have or may be expected to have, and
any changes in relation to those matters by which Monitor considers those effects could be remedied or prevented.
A reference must specify a period within which the Competition Commission must make a report on the reference. A period specified for the purposes of sub-paragraph (1) must not be longer than six months beginning with the date of the reference. A report of the Commission on a reference does not have effect (and no action may be taken in relation to it under paragraph 7) unless the report is made before the end of— Monitor may, if it receives representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend the period by no more than six months. But Monitor may not make more than one extension under sub-paragraph (4) in relation to the same reference. Where Monitor makes an extension under sub-paragraph (4), it must send notice of the extension to the relevant persons. Monitor must also publish the notice.
The Competition Commission may, within the period of four weeks beginning with the day on which it is sent a notice under paragraph 7(8), direct Monitor— Monitor must comply with a direction under sub-paragraph (1). The Secretary of State may, within that period and on the application of the Commission, direct that the period for giving a direction under sub-paragraph (1) (and, accordingly, the period referred to in paragraph 7(10)) is to be extended by 14 days. The Commission may give a direction under sub-paragraph (1) only in respect of such of the changes specified in the notice under paragraph 7(8)(a) as it considers are not necessary for the purpose of remedying or preventing one or more of the adverse effects specified in the report as effects which could be remedied or prevented by changes. If the Commission gives a direction under sub-paragraph (1), it— The effects mentioned in sub-paragraph (5)(b) are— In exercising its function under sub-paragraph (5)(b), the Commission must have regard to the matters to which Monitor must have regard when determining the matters specified in the reference. Before making changes under sub-paragraph (5)(b), the Commission must send a notice— The period specified for the purposes of sub-paragraph (8)(c) must not be less than 28 days beginning with the date on which the notice is published. The Commission must send a notice under sub-paragraph (8) to the relevant persons. The Commission must also publish the notice. After making changes under this paragraph, the Commission must publish a notice—
If an objector wishes to make representations to the Competition Commission on the matters specified in the reference for the purposes of paragraph 1(1), the objector must do so before the end of the period of 10 working days beginning with the day on which the objector receives the notice under paragraph 1(2). The objector must give Monitor a copy of the representations. If Monitor wishes to reply to representations under sub-paragraph (1), it must do so before the end of the period of 10 working days beginning with the day on which it receives the copy under sub-paragraph (2). Monitor must send a copy of its reply to the objector who made the representations. In this Schedule, “working day” means any day other than—
If the group with the function of determining a reference considers it necessary to disregard the matters referred to in sub-paragraph (2) in order to secure the making of the determination of the appeal within the period allowed by paragraph 4, it may do so. The matters mentioned in sub-paragraph (1) are—
The Commission may by notice require a person to produce a written statement with respect to a matter specified in the notice to a group with the function of making a determination on a reference under section 120. The power to require the production of a written statement includes power to specify the time and place at which it is to be produced. The written statement must be verified in accordance with a statement of truth. In this paragraph and paragraph 9, “statement of truth” means a statement that the person producing the document which includes the statement believes the matters stated as facts in the document to be true.
The Competition Commission may make rules of procedure for determinations on references under section 120. Those rules may include provision supplementing the provisions of this Schedule in relation to any notice, hearing or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on— The rules may apply, with or without modification, provision included in appeal rules under Schedule 22 to the Energy Act 2004. The Commission must publish rules made under this paragraph. Before making rules under this paragraph, the Commission must consult such persons as it considers appropriate. Rules under this paragraph may make different provision for different cases.
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)— In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)— In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions), in the definition of “NHS trust” omit “the National Health Service Act 2006 or”.
In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act 1969 (NHS bodies exempted from insurance requirement), omit “section 25 of the National Health Service Act 2006,”.
The Acquisition of Land Act 1981 is amended as follows.
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) omit “section 25 of the National Health Service Act 2006,”.
In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
The Social Security Contributions and Benefits Act 1992 is amended as follows.
The Value Added Tax Act 1994 is amended as follows.
In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in the definition of “relevant English NHS body”—
omit paragraph (a), and
in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or” preceding that paragraph).
The Health Act 2009 is amended as follows.
The Charities Act 2011 is amended as follows.
An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse an application for a compliance certificate. The grounds for an appeal under this paragraph are that the decision was— On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have effect.
In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase), omit “section 25 of the National Health Service Act 2006 or”.
In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
In section 41(7) (definition of “government department”), for “Part I of that Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.
In section 2(2) (bodies with duty to have regard to NHS Constitution) omit paragraph (c).
In section 149 (audit or examination of English NHS charity accounts), in subsection (7), omit paragraphs (c), (d) and (e).
In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National Health Service Act 2006 or”.
In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
in the Notes for group 12 (drugs, medicines, aids for the handicapped), in paragraph (e) of Note (5H) omit “the National Health Service Act 2006 or”, and
in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4 for “Part I of the National Health Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”.
In section 8(2) (bodies with duty to publish information on quality of services) omit paragraph (b).
In section 150 (audit or examination of Welsh NHS charity accounts), in subsection (4)—
in paragraph (b), omit the words from “all or most” to the end,
in paragraph (c), omit “falling within paragraph (b)”, and
in paragraph (d), omit “such”.
In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”.
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in paragraph (a)—
omit sub-paragraph (i),
before sub-paragraph (ii) insert—, and
omit sub-paragraph (iii).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A Primary Care Trust may provide assistance or support to a clinical commissioning group during the initial period. The assistance that may be provided includes— Assistance or support provided under this paragraph may be provided on such terms and conditions, including terms as to payment, as the Trust considers appropriate. The Primary Care Trust may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this paragraph. A clinical commissioning group must comply with any restrictions imposed under sub-paragraph (4).
NICE must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine. NICE 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, NICE must pay compensation to the person of such amount as the Secretary of State may determine.
NICE may regulate its own procedure. But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of interest of members of NICE or members of a committee or sub-committee. The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the appointment of a member.
The Secretary of State may make payments to NICE out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate. Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate. The Secretary of State may lend money to NICE on such terms (including as to repayment and interest) as the Secretary of State may determine.
The application of the Information Centre’s seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose. A document purporting to be duly executed under the Information Centre’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 and Social Care Information Centre.
In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—.
The Health and Social Care Information Centre.
In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—
omit the “or” after paragraph (d), and
after paragraph (e) insert , or
“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of the Act), omit “the National Health Service Act 2006 or”.
In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”, in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table, in the entry for a National Health Service trust, omit “section 25 of the National Health Service Act 2006 or”.
In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for “Council” substitute “Authority”—
section 25(2), (2A) and (4),
section 26(1), (2), (3) and (4),
section 26A(1) (in each place it appears) and (2),
section 26B(1) and (4) (in each case, in each place it appears),
section 27(1), (2), (4), (10) and (14),
section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
section 29(4) and (7) (in each case, in each place it appears),
in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
the title of each of sections 26, 27 and 29, and
the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council” substitute “The Authority”.
Omit section 26(12) of that Act.
In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council’s” substitute “Authority’s”.
For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.
an unregulated health professional,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)— In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008.
If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs. Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes— Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
Anything which is in the process of being done by the Alcohol Education and Research Council under an enactment immediately before abolition may be continued by the Secretary of State. Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been done by the Council, be done by the Secretary of State after abolition. The Secretary of State must prepare a report on the activities of the Council during the period that begins with the 1 April before abolition and ends with abolition. In this paragraph—
A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State.
In paragraphs 76 and 77—
The objective of a health special administration is to secure—
the continued provision of such of the health care services provided for the purposes of the NHS by the company subject to the health special administration order, at such level, as the commissioners of those services determine by applying criteria specified in health special administration regulations (see section 130), and
that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special administration order to remain in force for that purpose.
Those means are—
the rescue as a going concern of the company subject to the health special administration order, and
one or more transfers falling within subsection (3).
A transfer falls within this subsection if it is a transfer as a going concern— of so much of that undertaking as it is appropriate to transfer for the purpose of achieving the objective of the health special administration.
to another person, or
as respects different parts of the undertaking of the company subject to the health special administration order, to two or more other persons,
The means by which a transfer falling within subsection (3) may be effected include in particular—
a transfer of the undertaking of the company subject to the health special administration order, or of part of its undertaking, to a wholly-owned subsidiary of that company, and
a transfer to a company of securities of a wholly-owned subsidiary to which there has been a transfer falling within paragraph (a).
The objective of a health special administration may be achieved by transfers to the extent only that—
the rescue as a going concern of the company subject to the health special administration order is not reasonably practicable or is not reasonably practicable without such transfers,
the rescue of the company as a going concern will not achieve that objective or will not do so without such transfers,
such transfers would produce a result for the company's creditors as a whole that is better than the result that would be produced without them, or
such transfers would, without prejudicing the interests of its creditors as a whole, produce a result for the company's members as a whole that is better than the result that would be produced without them.
Regulations (referred to in this Chapter as “health special administration regulations”) must make further provision about health special administration orders.
Health special administration regulations may apply with or without modifications—
any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and
any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
Health special administration regulations may, in particular, provide that the court may make a health special administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be just and equitable (disregarding the objective of the health special administration) to wind up the provider in the public interest.
Health special administration regulations may make provision about—
the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and
the enforcement of security over property of relevant providers.
Health special administration regulations may, in particular, make provision about the publication and maintenance by NHS England of a list of relevant providers.
Health special administration regulations may in particular—
require NHS England to publish guidance for commissioners about the application of the criteria referred to in section 129(1)(a);
confer power on NHS England to revise guidance published by virtue of paragraph (a) and require it to publish guidance so revised;
require NHS England, before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the Secretary of State ...;
require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such matters as NHS England may specify in guidance published by virtue of paragraph (a) or (b);
require NHS England to make arrangements for facilitating agreement between commissioners in their exercise of their function under section 129(1)(a);
confer power on NHS England, where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged;
require a health special administrator to carry out in accordance with the regulations consultation on the action which the administrator recommends should be taken in relation to the provider concerned.
Health special administration regulations may modify this Chapter or any enactment mentioned in subsection (8) in relation to any provision made by virtue of this Chapter.
The enactments are—
the Insolvency Act 1986, and
any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act.
The power to make rules under section 411 of the Insolvency Act 1986 (company insolvency rules) applies for the purpose of giving effect to provision made by virtue of this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act.
For that purpose—
the power to make rules in relation to England and Wales is exercisable by the Lord Chancellor with the concurrence of the Secretary of State and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice;
the power to make rules in relation to Scotland is exercisable by the Secretary of State;
references in section 411 of that Act to those Parts are to be read as including a reference to this Chapter.
Before making health special administration regulations the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Monitor, and
such other persons as the Secretary of State considers appropriate.
Health special administration regulations may make provision about transfer schemes to achieve the objective of a health special administration (see section 129).
Health special administration regulations may, in particular, include provision—
for the making of a transfer scheme to be subject to the consent of NHS England and the person to whom the transfer is being made,
for NHS England to have power to modify a transfer scheme with the consent of parties to the transfers effected by the scheme, and
for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as NHS England may specify (which may be a time before the modifications were made).
Health special administration regulations may, in particular, provide that a transfer scheme may include provision—
for the transfer of rights and liabilities under or in connection with a contract of employment from a company subject to a health special administration order to another person,
for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a company subject to a health special administration order to another person,
for the transfer of property, rights and liabilities which would not otherwise be capable of being transferred or assigned,
for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,
for the creation of interests or rights, or the imposition of liabilities, and
for the transfer, or concurrent exercise, of functions under enactments.
Health special administration regulations may make provision about the giving by NHS England of indemnities in respect of—
liabilities incurred in connection with the discharge by health special administrators of their functions, and
loss or damage sustained in that connection.
The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of provision made by virtue of this Chapter as the Secretary of State considers appropriate in connection with any other provision made under that section.
Those sections are—
sections 248 and 277 (amendments consequential on that Act), and
section 254 (power to apply insolvency law to foreign companies).
NHS England must establish, and secure the effective operation of, one or more mechanisms for providing financial assistance in cases where a provider of health care services for the purposes of the NHS (referred to in this Chapter as a “provider”) is subject to—
a health special administration order (within the meaning of Chapter 5), or
an order under section 65D(2) of the National Health Service Act 2006 (trust special administration for NHS foundation trusts).
Mechanisms that NHS England may establish under this section include, in particular—
mechanisms for raising money to make grants or loans or to make payments in consequence of indemnities given by NHS England by virtue of section 132 or under section 65D(12) of the National Health Service Act 2006;
mechanisms for securing that providers arrange, or are provided with, insurance facilities.
NHS England may secure that a mechanism established under this section operates so as to enable it to recover the costs it incurs in establishing and operating the mechanism.
NHS England may establish different mechanisms for different providers or providers of different descriptions.
NHS England does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under this Chapter.
An order under section 306 providing for the commencement of this Chapter may require NHS England to comply with the duty to establish under subsection (1) before such date as the order specifies.
NHS England may, for the purposes of section 134, establish and maintain a fund.
In order to raise money for investment in a fund it establishes under this section, NHS England may impose requirements on providers or integrated care boards.
NHS England must appoint at least two managers for a fund it establishes under this section.
A manager of a fund may be an individual, a firm or a body corporate.
NHS England must not appoint an individual as manager of a fund unless it is satisfied that the individual has the appropriate knowledge and experience for managing investments.
NHS England must not appoint a firm or body corporate as manager of a fund unless it is satisfied that arrangements are in place to secure that any individual who will exercise functions of the firm or body corporate as manager will, at the time of doing so, have the appropriate knowledge and experience for managing investments.
NHS England must not appoint an individual, firm or body corporate as manager of a fund unless the individual, firm or body is an authorised or exempt person within the meaning of the Financial Services and Markets Act 2000.
NHS England must secure the prudent management of any fund it establishes under this section.
NHS England may, on an application by a special administrator, provide financial assistance to the special administrator by using a mechanism established under section 134.
An application under this section must be in such form, and must be supported by such evidence or other information, as NHS England may require (and a requirement under this subsection may be imposed after the receipt, but before the determination, of the application).
If NHS England grants an application under this section, it must notify the applicant of—
the purpose for which the financial assistance is being provided, and
the other conditions to which its provision is subject.
The special administrator must secure that the financial assistance is used only—
for the purpose notified under subsection (3)(a), and
in accordance with the conditions notified under subsection (3)(b).
Financial assistance under this section may be provided only in the period during which the provider in question is in special administration.
If NHS England refuses an application under this section, it must notify the applicant of the reasons for the refusal.
NHS England must, on a request by an applicant whose application under this section has been refused, reconsider the application; but no individual involved in the decision to refuse the application may be involved in the decision on the reconsideration of the application.
For the purposes of reconsidering an application, NHS England may request information from the applicant.
NHS England must notify the applicant of its decision on reconsidering the application; and—
if NHS England grants the application, it must notify the applicant of the matters specified in subsection (3), and
if NHS England refuses the application, it must notify the applicant of the reasons for the refusal.
In this Chapter—
“special administrator” means—
a person appointed as a health special administrator under Chapter 5, or
a person appointed as a trust special administrator under section 65D(2) of the National Health Service Act 2006, and
references to being in special administration are to be construed accordingly.
NHS England may not provide financial assistance under section 136 in the form of a grant or loan unless it is satisfied that—
it is necessary for the provider—
to be able to continue to provide one or more of the health care services that it provides for the purposes of the NHS, or
to be able to secure a viable business in the long term, and
no other source of funding which would enable it do so and on which it would be reasonable for it to rely is likely to become available to it.
The terms of a grant or loan must include a term that the whole or a specified part of the grant or loan becomes repayable in the event of a breach by the provider or special administrator of the terms of the grant or loan.
Subject to that, where NHS England makes a grant or loan under section 136, it may do so in such manner and on such terms as it may determine.
NHS England may take such steps as it considers appropriate (including steps to adjust the amount of future payments towards the mechanism established under section 134 to raise funds for grants or loans under section 136) to recover overpayments in the provision of a grant or loan under that section.
The power to recover an overpayment under subsection (4) includes a power to recover interest, at such rate as NHS England may determine, on the amount of the overpayment for the period beginning with the making of the overpayment and ending with its recovery.
The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.
The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount—
as may be prescribed, or
as is determined by reference to such criteria, and by using such method, as may be prescribed.
In subsection (1) “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.
The regulations must—
prescribe to whom the charge is to be paid;
prescribe when the charge becomes payable;
where the amount of the charge is to be determined in accordance with subsection (2)(b), require NHS England to carry out consultation in accordance with the regulations before imposing the charge;
provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838;
provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery).
Where the person that the regulations prescribe for the purposes of subsection (3)(a) is a provider, the regulations may confer power on NHS England to require the provider to pay NHS England the amount of the charge in question in accordance with the regulations.
Before making regulations under this section, the Secretary of State must consult NHS England.
Monitor, and
the National Health Service Commissioning Board.
Regulations under this section may apply with modifications provision made by sections 141 to 143 in relation to charges imposed by virtue of this section.
The power under section 135(2) includes, in particular, power to impose a levy on providers for each financial year.
Before deciding whether to impose a levy under this section for the coming financial year, NHS England must estimate—
the amount that will be required for the purpose of providing financial assistance in accordance with this Chapter,
the amount that will be collected from integrated care boards by way of charges imposed by virtue of section 138 during that year, and
the amount that will be standing to the credit of the fund at the end of the current financial year.
Before the start of a financial year in which NHS England proposes to impose a levy under this section, it must determine—
the factors by reference to which the rate of the levy is to be assessed,
the time or times by reference to which those factors are to be assessed, and
the time or times during the year when the levy, or an instalment of it, becomes payable.
Where the determinations under subsection (3) reflect changes made to the factors by reference to which the rate of the levy is to be assessed, the notice under section 143(1)(b) must include an explanation of those changes.
A levy under this section may be imposed at different rates for different providers.
Before the beginning of each financial year, the Secretary of State may, with the approval of the Treasury, specify by order—
the maximum amount that NHS England may raise from levies it imposes under section 139 for that year, and
the maximum amount that it may raise from charges it imposes by virtue of section 138 for that year.
Where the Secretary of State makes an order under this section, NHS England must secure that the levies and charges for that year are at a level that NHS England estimates will, in each case, raise an amount not exceeding the amount specified for that case in the order.
This section applies where NHS England is proposing to impose a levy under section 139 for the coming financial year and—
has not imposed a levy under that section for the current financial year or any previous year,
has been imposing the levy for the current financial year but proposes to make relevant changes to it for the coming financial year, or
has been imposing the levy for the current financial year and the financial year preceding it, but has not been required to serve a notice under this section in respect of the levy for either of those years.
A change to a levy is relevant for the purposes of subsection (1)(b) if it is a change to the factors by reference to which the rate of the levy is to be assessed.
Before making the determinations under section 139(3) in respect of the levy, NHS England must send a notice to—
the Secretary of State,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
each integrated care board,
each potentially liable provider, and
such other persons as it considers appropriate.
NHS England must publish a notice that it sends under subsection (3).
In a case within subsection (1)(a) or (c), the notice must state—
the factors by reference to which NHS England proposes to assess the rate of the levy,
the time or times by reference to which it proposes to assess those factors, and
the time or times during the coming financial year when it proposes that the levy, or an instalment of it, will become payable.
In a case within subsection (1)(b), the notice must specify the relevant changes NHS England proposes to make.
A notice under this section must specify when the consultation period in relation to the proposals ends; and for that purpose, the consultation period is the period of 28 days beginning with the day on which the notice is published under subsection (4).
In this section ... a “potentially liable provider” means a provider on whom NHS England is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If Monitor receives objections from one or more potentially liable providers to its proposals, it may not give notice under section 143(1)(b) unless—
the conditions in subsection (2) are met, or
where those conditions are not met, Monitor has made a reference to the Competition Commission.
The conditions referred to in subsection (1)(a) are that—
one or more potentially liable providers object to the proposals within the consultation period, and
the objection percentage and the share of supply percentage are each less than the prescribed percentage.
In subsection (2)—
the “objection percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, and
the “share of supply percentage” is the proportion (expressed as a percentage) of the potentially liable providers who objected to the proposals, weighted according to their share of the supply in England of such services as may be prescribed.
A reference under subsection (1)(b) must be so framed as to require the Competition Commission to investigate and report on the questions—
whether in making the proposals, Monitor failed to give sufficient weight to the matters in section 66,
if so, whether that failure operates, or may be expected to operate, against the public interest, and
if so, whether the effects adverse to the public interest which that failure has or may be expected to have could be remedied or prevented by changes to the proposals.
Schedule 10 (which makes further provision about references to the Competition Commission) has effect in relation to a reference under subsection (1)(b); and for that purpose—
paragraph 1 is to be ignored,
in paragraph 5(2), the reference to six months is to be read as a reference to two months,
in paragraph 5(4), the reference to six months is to be read as a reference to one month,
in paragraph 7, sub-paragraphs (4) to (7) and (9) are to be ignored (and, in consequence of that, in sub-paragraph (8), the words from the beginning to “sub-paragraph (4)(c)” are also to be ignored), and
the references to relevant persons are to be construed in accordance with subsection (6).
The relevant persons referred to in Schedule 10 are—
in paragraphs 3, 5(6) and 6(6)—
the National Health Service Commissioning Board, and
the potentially liable providers who objected to the proposals, and
in paragraph 8(10)—
Monitor, and
the potentially liable providers who objected to the proposals.
In investigating the question under subsection (4)(a), the Competition Commission must have regard to the matters in relation to which Monitor has duties under this Chapter.
Regulations prescribing a percentage for the purposes of subsection (2)(b) may include provision prescribing the method used for determining a provider’s share of the supply in England of the services concerned.
NHS England must—
calculate the amount which each provider who is to be subject to a levy under section 139 for a financial year is to be liable to pay in respect of that year, and
notify the provider of that amount and the date or dates on which it, or instalments of it, will become payable.
If the provider is to be subject to the levy for only part of the financial year, it is to be liable to pay only the amount which bears to the amount payable for the whole financial year the same proportion as the part of the financial year for which the provider is to be subject to the levy bears to the whole financial year.
The amount which a provider is liable to pay may be zero.
Subsection (5) applies if, during a financial year in which NHS England is imposing a levy under section 139, it becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed by reference to what it was—
at the start of the year, or
if NHS England has already exercised the power under subsection (5) in relation to the levy in the case of that provider, at the time it did so.
NHS England may notify the provider that NHS England proposes to adjust the amount that the provider is liable to pay so as to reflect the change; and the notice must specify the amount of the proposed adjustment.
Following the expiry of the period of 28 days beginning with the day after that on which NHS England sends the notice, it may make the adjustment.
In a case within subsection (2), subsection (4) has effect as if references to the financial year were references to the part of the financial year for which the provider is to be subject to the levy.
Where a provider who reasonably believes that NHS England has miscalculated the amount notified to the provider under subsection (1) or (5) requests NHS England to recalculate the amount, NHS England must—
comply with the request, and
send the provider written notice of its recalculation.
Subsection (8) does not apply to a request to recalculate an amount in respect of a financial year preceding the one in which the request is made.
If the whole or part of the amount which a person is liable to pay is not paid by the date by which it is required to be paid, the unpaid balance carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; and the unpaid balance and accrued interest are recoverable summarily as a civil debt (but this does not affect any other method of recovery).
NHS England must prepare and publish a statement of the principles that govern its decisions, or decisions made on its behalf, about making investments for the purposes of this Chapter.
NHS England must—
in each financial year, review the statement,
if it considers necessary in light of the review, revise the statement, and
if it revises the statement, publish the revised statement.
As soon as reasonably practicable after the end of each financial year, NHS England must undertake and publish a review of the operation during that year of—
the procedure for health special administration under Chapter 5,
the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of the National Health Service Act 2006, and
such mechanisms as have been established under section 134.
The purposes of the review under subsection (3)(c) are—
to assess the operation of the mechanisms concerned,
to assess the accuracy of the estimates given by NHS England in relation to the operation of the mechanisms,
to assess what improvements can be made to the process for making estimates in relation to the operation of the mechanisms, and
to review the extent of the protection which the mechanisms are required to provide.
Where a fund established under section 135 has been in operation for the whole or part of the year concerned, the review published under this section must specify—
the income of the fund during that year, and
the expenditure from the fund during that year.
NHS England must exclude from a review published under this section information which it is satisfied is—
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
information relating to the private affairs of an individual the disclosure of which would, or might, significantly harm that person's interests.
NHS England may—
borrow from a deposit-taker such sums as it may from time to time require for exercising its functions under this Chapter;
give security for sums that it borrows.
But NHS England may not borrow if the effect would be—
to take the aggregate amount outstanding in respect of the principal of sums borrowed by it over such limit as the Secretary of State may by order specify, or
to increase the amount by which the aggregate amount so outstanding exceeds that limit.
In this section, “deposit-taker” means—
a person who has permission under Part 4A of the Financial Services and Markets Act 2000, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The definition of “deposit-taker” in subsection (3) must be read with—
section 22 of the Financial Services and Markets Act 2000,
any relevant order under that section, and
Schedule 2 to that Act.
The Secretary of State may provide financial assistance to NHS England if the Secretary of State is satisfied that—
there are insufficient funds available from a mechanism established under section 134, or
the mechanism is otherwise unable to operate effectively.
If the Secretary of State is satisfied that the level of funds available from a mechanism established under section 134 exceeds the level that is necessary, the Secretary of State may direct NHS England to transfer the excess to the Secretary of State.
If the Secretary of State is satisfied that a mechanism established under section 134 has become dormant, or if a mechanism so established is being wound up, the Secretary of State may direct NHS England to transfer to the Secretary of State such funds as are available from the mechanism.
After section 12D of the National Health Service Act 2006 insert—
A notice required under this Part to be given or sent to or served on a person (“R”) may be given or sent to or served on R—
by being delivered personally to R,
by being sent to R—
by a registered post service, as defined by section 125(1) of the Postal Services Act 2000, or
by a postal service which provides for the delivery of the document to be recorded, or
subject to section 149, by being sent to R by an electronic communication.
Where a notice is sent as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
Where a notice is sent as mentioned in subsection (1)(c) in accordance with section 149, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted.
In subsection (3) “working day” means a day other than—
a Saturday or a Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.
A notice required under this Part to be given or sent to or served on a body corporate or a firm is duly given, sent or served if it is given or sent to or served on the secretary or clerk of that body or a partner of that firm.
For the purposes of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person is—
in the case of a person who holds a licence under Chapter 3 who has notified NHS England of an address for service, that address, and
in any other case, the address determined in accordance with subsection (7).
That address is—
in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
in the case of a partner of a firm, the address of the principal office of the firm, and
in any other case, the last known address of the person.
In this section and in section 149—
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
omit paragraph (a),
omit paragraph (b), and
before paragraph (d) insert—.
The Health and Social Care Act 2008 is amended as follows.
In section 60(1) of the Health Act 1999—
in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
Omit the entry for the National Information Governance Board for Health and Social Care in each of the following— In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of those paragraphs).
The National Health Service (Wales) Act 2006 is amended as follows.
In section 124 (regulation of social care workers)— For the title to that section substitute “Regulation of social care workers: Wales”.
In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”.
In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3), omit paragraph (fa). In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the preceding cross-heading).
In section 7 (NHS contracts), in subsection (4)—
omit paragraph (a),
omit paragraph (b),
before paragraph (c) insert—,
after paragraph (f) insert—,
omit paragraph (j), and
after paragraph (n) insert—.
Section 125 (standard of proof in proceedings relating to registration of social care worker)—
in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the Care Council for Wales, a committee of the Council or any officer of the Council”, and
in subsection (3), omit paragraph (a).
In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social Care Act 2008.
After section 8 insert—
Section 126 (education and training of approved mental health professionals) is amended as follows. In subsection (1)— In subsection (4), omit the definition of “the appropriate Minister”. For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
In section 10 (Welsh Ministers’ arrangements with other bodies), in subsection (4) omit paragraph (b).
In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert—.
In section 13 (exercise of Local Health Board functions), in subsection (3)—
omit paragraph (a), and
before paragraph (b) insert—.
Schedule 9 (regulation of social care workers) is amended as follows. In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute— In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for “the appropriate Council” substitute “the Council”. In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”. In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to “Welsh Ministers, on”. In paragraph 8 (matters outside the scope of regulations)— Omit paragraph 9 (preliminary procedure for making regulations: England). For the title to that Schedule substitute “Regulation of social care workers: Wales”.
In section 17 (plans for improving health etc), in subsection (6)—
in paragraph (g)—
after “between” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
omit “Strategic Health Authorities,”,
omit “Primary Care Trusts,”, and
for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and
in paragraph (h)—
after “provision by” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
omit “Strategic Health Authorities,”,
omit “Primary Care Trusts”, and
for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”.
In section 22 (special health authorities), omit subsection (6).
In section 26 (intervention orders), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
In section 27 (effect of intervention orders), in subsection (1)—
omit “Strategic Health Authority,” in each place it occurs, and
omit “Primary Care Trust,” in each place it occurs.
In section 28 (default powers), in subsection (1) after “other than” insert “the National Health Service Commissioning Board, clinical commissioning groups and”.
In section 34 (power of local authorities to make payments), in subsection (1)—
after “payments to” insert “the National Health Service Commissioning Board, a clinical commissioning group”,
omit “a Strategic Health Authority,”, and
omit “a Primary Care Trust”.
In section 36 (directed partnership arrangements), in subsection (3)—
omit paragraph (a), and
omit paragraph (b).
Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows. In subsection (3)— In subsection (6) omit “, a Primary Care Trust” in each place it occurs. In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
in paragraph (b) omit “, a Primary Care Trust”.
In section 39 (conditions of supply under section 38), in subsection (3), omit “Primary Care Trusts,”.
In section 41 (duty to provide primary medical services), omit subsection (4).
Section 51 (persons with whom agreements for provision of primary medical services may be made) is amended as follows. In subsection (1)(g), omit “Primary Care Trust or”. In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
In section 56 (primary dental services), omit subsection (4).
Section 65 (persons with whom agreements for provision of primary dental services may be made) is amended as follows. In subsection (1)(g), omit “Primary Care Trust or”. In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
In section 106 (provision about regulations under section 105), in subsection (2)—
omit paragraph (e), and
after paragraph (e) insert—
Section 115 (national disqualification) is amended as follows. In subsection (1)— In subsection (6)—
In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be prescribed, to a Primary Care Trust,”.
In section 144 (persons and bodies about which provision is made), in subsection (2) for “section 22(6)” substitute “section 206(1)”.
In section 161 (transfers of trust property), in subsection (2)(c)—
after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group,”, and
omit “a Primary Care Trust,”
Section 162 (transfer of functions and property to or from special trustees) is amended as follows. In subsection (1)— In subsection (3)(a)—
In section 181 (payment for medical examination before application for admission to hospital under the Mental Health Act), in subsection (2)(b)—
omit “a Primary Care Trust,”, and
before “NHS trust” insert “an”.
In section 197 (university clinical teaching and research), in subsection (2)(a)—
after “exercisable by” insert “the National Health Service Commissioning Board,”,
after “a” insert “clinical commissioning group,”,
omit “a Strategic Health Authority,”, and
omit “Primary Care Trust,”.
In section 206 (interpretation), in subsection (1)— Until the commencement of section 34 of this Act, the definition of “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006 has effect as if it included a reference to a Primary Care Trust.
In Schedule 2 (Local Health Boards), in paragraph 9—
omit “Strategic Health Authorities and”,
omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and
for “that Act” substitute “the National Health Service Act 2006”.
Schedule 3 (NHS trusts) is amended as follows. In paragraph 5(1)(f) omit “Primary Care Trust,”. In paragraph 6— In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”. In paragraph 8 omit “, Primary Care Trust” in each place it occurs. In paragraph 9— In paragraph 18— In paragraph 30—
Schedule 5 (Special Health Authorities) is amended as follows. In paragraph 3— In paragraph 13, for “a Strategic Health Authority” substitute “the National Health Service Commissioning Board”.
Schedule 10 (further provision about Community Health Councils) is amended as follows. In paragraph 2— In paragraph 3—
does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a notice required or authorised by this Part to be given or sent by or to a person or to be served on a person is sent by an electronic communication, it is to be treated as given, sent or served only if the requirements of subsection (2) or (3) are met.
If the person required or authorised to give, send or serve the notice is NHS England or the CMA—
the person to whom the notice is given or sent or on whom it is served must have indicated to NHS England or (as the case may be) the CMA the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
the notice must be sent to or given or served at the address so provided.
If the person required or authorised to give, send or serve the notice is not NHS England or the CMA, the notice must be given, sent or served in such manner as NHS England may require.
An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given, sent or served by NHS England or (as the case may be) the CMA under this Part or may be limited to notices of a particular description.
NHS England must publish such requirements as it imposes under subsection (3).
In this Part—
“NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);
The Mental Health Act 1983 is amended as follows.
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)—
after subsection (6)(b) insert—,
after subsection (6)(d) insert—,
in subsection (6)(f) omit “or Strategic Health Authority”, and
in subsection (6)(g)—
after “every” insert “clinical commissioning group or”, and
omit “Primary Care Trust or”.
The Children Act 2004 is amended as follows.
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
The Children Act 2004 is amended as follows.
In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
The Health and Social Care Act 2008 is amended as follows.
Anything which is in the process of being done by the Appointments Commission under an enactment immediately before abolition may be continued by the Secretary of State. If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph. Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose— Subject to that, anything which the Commission is required to do under an enactment before abolition may, in so far as it has not been done by the Commission, be done by the Secretary of State after abolition. In this paragraph—
In section 19 (regulations as to transfers of patients), in subsection (3)—
for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and
omit “or Primary Care Trust” in each place it appears.
In section 10 (co-operation to improve wellbeing), in subsection (4)—
after paragraph (d) insert—,
after paragraph (da) (as inserted by paragraph (a) above) insert—, and
omit paragraph (e).
In section 6 (regulated activity providers)—
omit subsection (8D), and
before subsection (9) insert—
In section 148 (interpretation of Part 2)—
in the definition of “English NHS body” omit paragraph (c), and
in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).
In section 97(1) (general interpretation of Part 1)—
in the definition of “English NHS body” omit paragraph (c), and
in the definition of “English NHS provider” omit paragraph (b).
In section 23 (discharge of patients), in subsection (5)(a)—
for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,
omit “or Primary Care Trust” in each place it appears, and
omit “, trust” in each place it appears.
In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
after paragraph (b) insert—
after paragraph (ba) (as inserted by paragraph (a) above) insert—,
omit paragraph (c), and
omit paragraph (e).
In section 17 (NHS employment) in subsection (3)—
before paragraph (a) insert—,
omit paragraph (b), and
omit paragraph (f).
In section 160 (provision of information in personal injury cases), in subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial assistance), omit paragraph (c).
In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.
In section 12A (establishment of children's trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.
In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of “hospital services” omit paragraph (d).
In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the definition of “relevant ambulance trust”—
before paragraph (a) insert—,
in paragraph (a) omit “England or”,
in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words from “all or most” to the end.
Section 39 (power of court to request information from hospitals) is amended as follows. In subsection (1)— After subsection (1) insert— In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
after paragraph (d) insert—,
after paragraph (da) (as inserted by paragraph (a) above) insert—, and
omit paragraph (e).
In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.
In section 134 (patients' correspondence), in subsection (3)(e)—
at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
omit “Strategic Health Authority,”,
for “, Special Health Authority” substitute “or Special Health Authority”, and
omit “or Primary Care Trust”.
In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—
after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
omit “Strategic Health Authority,”,
for “, Special Health Authority” substitute “or Special Health Authority”, and
omit “or Primary Care Trust”.
In section 145 (interpretation), in subsection (1)— In consequence of the repeals made by sub-paragraph (1)—
“prescribed” means prescribed in regulations;
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in subsection (3)(i) omit the words from the second “the” to “trust, or”.
A person holds and vacates office as a non-executive member of Monitor in accordance with that person’s terms of appointment. 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 not be appointed as a non-executive member for a period of more than four years. A person who ceases to be a non-executive member is eligible for re-appointment.
Monitor may appoint such persons to be employees of Monitor as it considers appropriate. Employees of Monitor are to be paid such remuneration and allowances as Monitor may determine. Employees of Monitor are to be appointed on such other terms and conditions as Monitor may determine. Monitor 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 Monitor. Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), Monitor must obtain the approval of the Secretary of State to its policy on that matter.
Monitor may regulate its own procedure. The validity of any act of Monitor is not affected by any vacancy among the members or by any defect in the appointment of a member.
Monitor may, with the consent of the Secretary of State, borrow money temporarily by way of overdraft. But subject to that, and subject to sections 145 and 146 (power to borrow for exercising functions in relation to financial assistance and power of Secretary of State to lend etc.), Monitor may not borrow money.
The Secretary of State may make payments to Monitor 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.
The Health Act 1999 is amended as follows. Omit section 60(1)(f) (power to modify constitution or functions of OHPA). In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008. In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the Health Professions Adjudicator”. In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the “or” following it.
The Health and Social Care Act 2008 is amended as follows. In section 128 (interpretation), omit the definition of “the OHPA”. In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4). In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18.
In section 2 (rights of authorised representatives of disabled persons)—
in subsection (5) in paragraph (a)—
after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”,
for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and
omit “by a Primary Care Trust established under that Act,”,
in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and
in subsection (9) in the definition of “health authority”, in paragraph (a)—
after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
omit “a Strategic Health Authority,”, and
omit “or a Primary Care Trust”.
In section 7 (persons discharged from hospital), in subsection (9)—
in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and
in the definition of “the managers”—
in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,
in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”,
in those words omit “Strategic Health Authority,”, and
omit paragraph (bb).
In section 11 (reports to Parliament)—
in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and
omit subsection (1ZB).
In section 16 (interpretation), in subsection (1)—
omit the definition of “Primary Care Trust”, and
omit the definition of “Strategic Health Authority”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Until section 181 comes into force, the following provisions in this Part are to be read as if the words “and its Healthwatch England committee” were omitted—
section 83(4)(c);
section 84(5)(a)(iii);
section 95(2)(e);
section 100(2)(e).
Schedule 13 (which contains minor and consequential amendments) has effect.
In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have governors)—
in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be appointed by PCT).
Any organisation specified in the constitution for the purposes of this sub-paragraph may appoint one or more members of the council (but no more than the number specified for those purposes in the constitution).
After paragraph 10 of that Schedule insert—
After paragraph 10A of that Schedule insert—
After paragraph 10B of that Schedule insert—
In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary of State”.
In paragraph 26(2) of that Schedule (information that must be given in annual reports etc.), after paragraph (a) insert—.
In consequence of subsection (1)—
in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and 60(1) of that Act, for “board of governors” substitute “council of governors”,
in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for “the board” (in each place it appears) substitute “the council”,
for the cross-heading preceding paragraph 7 of that Schedule substitute “Council of Governors”,
in the cross-heading preceding paragraph 28 of that Schedule, for “board” substitute “council”, and
in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for “board of governors” substitute “council of governors”.
After paragraph 18 of Schedule 7 to the National Health Service Act 2006 insert—
After paragraph 18A of that Schedule insert—
After paragraph 18B of that Schedule insert—
After paragraph 18C of that Schedule insert—
After paragraph 18D of that Schedule insert—
In section 61 of the National Health Service Act 2006 (representative membership), the existing text becomes subsection (1) and, in that subsection, for “An authorisation may require an NHS foundation trust to” substitute “An NHS foundation trust must”.
After that subsection insert—
A public benefit corporation must keep proper accounts and proper records in relation to the accounts. The regulator may with the approval of the Secretary of State give directions to the corporation as to the content and form of its accounts.
In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records” substitute “the records”.
In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for “the Treasury” substitute “the Secretary of State”.
After sub-paragraph (1) of that paragraph insert—
In sub-paragraph (2) of that paragraph—
after “annual accounts” insert “or in preparing any accounts by virtue of sub-paragraph (1A)(a)”,
for “the Treasury” substitute “the Secretary of State”, and
for “information to be given in” substitute “content and form of”.
In sub-paragraph (3) of that paragraph, after “annual accounts” insert “, or of any accounts to be prepared by it by virtue of sub-paragraph (1A)(a),”.
In sub-paragraph (4) of that paragraph, in paragraph (b)—
omit “once it has done so,”, and
at the end insert “within such period as the regulator may direct”.
After that sub-paragraph insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In paragraph 24 of Schedule 7 to the National Health Service Act 2006 (accounts: general), in sub-paragraph (1A), for “The regulator may with the approval of the Secretary of State” substitute “The Secretary of State may with the approval of the Treasury”.
In sub-paragraph (5) of that paragraph, for “the regulator” substitute “the Secretary of State”.
In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for “the regulator may with the approval of the Secretary of State” substitute “the Secretary of State may with the approval of the Treasury”.
In sub-paragraph (1A) of that paragraph, for “The regulator may with the approval of the Secretary of State” substitute “The Secretary of State may with the approval of the Treasury”.
In sub-paragraph (2) of that paragraph, for “the regulator with the approval of the Secretary of State” substitute “the Secretary of State with the approval of the Treasury”.
In sub-paragraphs (3), (4) and (4A) of that paragraph, for “the regulator”, in each place it appears, substitute “the Secretary of State”.
This section applies to such financial year as is specified in the order under section 306 that brings the preceding provisions of this section into force (and to the subsequent financial years); accordingly, this section does not affect the application of paragraphs 24 and 25 of Schedule 7 to the National Health Service Act 2006 (as amended by section 154) to the financial years preceding the specified financial year.
In subsection (7), “financial year” has the meaning given in section 275(1) of the National Health Service Act 2006.
In sub-paragraph (2) of paragraph 26 of Schedule 7 to the National Health Service Act 2006 (information that must be included in annual report), after paragraph (aa) (inserted by section 151(8)) insert—.
After that sub-paragraph insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
amend sub-paragraph (2) of paragraph 26 of that Schedule so as to substitute for paragraph (b) the following—, and
repeal sub-paragraph (2A) of that paragraph.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 39(2)(e) of that Act (requirement for copy of forward plan to be on register).
In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward plan available to the public).
After paragraph 27 of Schedule 7 to the National Health Service Act 2006 insert—
Nothing in sub-paragraph (1) prevents the council of governors from holding a general meeting more than once a year.
After that paragraph insert—
After paragraph 29 of Schedule 7 to the National Health Service Act 2006 insert—
In section 64(3) of that Act (regulations under Chapter 5 of Part 2 of that Act that are subject to affirmative procedure), after paragraph (a) (but before the “or” following it) insert—.
In section 30(1) of the National Health Service Act 2006 (definition of NHS foundation trust), for “which is authorised under this Chapter to provide” substitute “the function of which is to provide in accordance with this Chapter”.
Omit section 33(2)(a) of that Act (requirement for application for authorisation to describe goods and services to be provided).
In section 35(2) of that Act (matters as to which the regulator must be satisfied before giving authorisation), for paragraph (e) substitute—.
After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert—
Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate).
Omit section 38 of that Act (variation of authorisation).
Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register).
Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises).
Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection).
Omit section 34 of the National Health Service Act 2006 (application for authorisation by body other than NHS trust).
In section 35(1) of that Act (bodies which may be given authorisation), omit paragraph (b) (public benefit corporations) and the preceding “or”.
Omit section 36(2) of that Act (public benefit corporation to become NHS foundation trust on being given authorisation).
Despite subsection (1)—
section 34(1) to (4) of that Act continues to have effect in the case of an application which, immediately before the commencement of that subsection, is pending determination, and
section 34(5) to (7) of that Act continues to have effect in the case of an existing public benefit corporation.
Despite subsection (2), section 35(1)(b) of that Act continues to have effect in the case of an existing public benefit corporation which, immediately before the commencement of that subsection, has not been given an authorisation under section 35.
Despite subsection (3), section 36(2) of that Act continues to have effect in the case of an existing public benefit corporation.
In subsections (4) to (6), “existing public benefit corporation” means a public benefit corporation—
incorporated under section 34 of that Act and in existence immediately before the commencement of this section, or
incorporated under that section by virtue of subsection (4).
In section 37 of the National Health Service Act 2006 (amendments of constitution), the existing text of which becomes subsection (1), for “with the approval of the regulator” substituteonly if—
After that subsection insert—
Subsections (1) and (2) do not apply in the case of amendments in respect of which, immediately before the commencement of this section, Monitor has yet to decide whether or not to give approval under section 37 of the National Health Service Act 2006.
After section 39 of the National Health Service Act 2006 insert—
At the end of section 40 of the National Health Service Act 2006 (power of Secretary of State to give financial assistance to NHS foundation trusts), insert—
Omit section 41 of that Act (prudential borrowing code).
In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation trust to be same as that payable by NHS trust).
Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator).
At the end of that section insert—
After that section insert—
Omit section 45 of that Act (disposal of protected property).
Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
For section 50 of that Act (fees) substitute—
In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2) substitute—
In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
for “The” substitute “An”,
for “subsection (1)” substitute “subsection (2)”, and
omit “, subject to any restrictions in the authorisation,”.
After that subsection insert—
Omit subsections (4) to (7) of that section (goods and services that may be authorised, etc.).
For the title to that section substitute “Provision of goods and services”.
If the corporation is an NHS foundation trust, the constitution must specify its principal purpose (as to which, see section 43(1)).
In section 44 of the National Health Service Act 2006 (private health care), omit—
subsection (1) (restriction on provision of private health services),
subsection (2) (cap on private income),
subsection (2A) (special provision for mental health foundation trusts), and
subsections (3) to (5) (interpretation etc.).
For the title to that section substitute “Power to charge for accommodation etc.”.
In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act 2009.
For section 48 of the National Health Service Act 2006 (information) substitute—
After section 51 of the National Health Service Act 2006 insert—
In section 56 of the National Health Service Act 2006 (mergers), in subsection (1)—
in paragraph (b), after “NHS trust” insert “established under section 25”, and
for the words from “authorisation” to the end substitute “the dissolution of the trusts and the establishment of a new NHS foundation trust.”
After that subsection insert—
In subsection (2) of that section, omit—
paragraph (c) (but not the “and” following it), and
the words from “and must give” to the end.
Omit subsection (3) of that section.
For subsection (4) of that section substitute—
Omit subsections (5) to (10) of that section.
In subsection (11) of that section, for “On an authorisation being given under this section” substitute “On the grant of the application”.
After section 56 of the National Health Service Act 2006 insert—
After section 56A of the National Health Service Act 2006 insert—
After section 57 of the National Health Service Act 2006 insert—
In section 57 of the National Health Service Act 2006 (mergers: supplementary), in subsection (1)—
for “an authorisation is given under section 56” substitute “an application is granted under section 56 or 56B”, and
at the end insert “or trusts”.
In subsection (2) of that section—
for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the regulator”, and
in paragraph (a), after “dissolving the” insert “trust or”, and
in paragraph (b), at the end insert “or trusts”.
After that subsection insert—
In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.
In subsection (4) of that section—
for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and
for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.
In subsection (5) of that section, after “section 56” insert “or 56A”.
Omit subsection (6) of that section.
For the title to that section substitute “Sections 56 to 56B: supplementary”.
For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and separations”.
In section 64 of that Act (orders and regulations under Chapter 5 of Part 2 of that Act), in subsection (4)—
omit the “or” following paragraph (b), and
after paragraph (c), insert, or
After that subsection insert—
In section 271(3)(b) of that Act (territorial limit of exercise of functions under Chapter 5), for “Part 1” substitute “Part 2”.
Omit section 52C of the National Health Service Act 2006 (guidance etc. on de-authorisation notices).
Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements and dissolution); and in consequence of that—
in section 57 of that Act (as amended by section 172 of this Act)—
in subsection (3)(a), for “the persons mentioned in section 54(4)” substitute “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”,
omit subsection (3)(b), and
in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or (c)” substitute “another NHS foundation trust or an NHS trust established under section 25”,
in section 64(4) of that Act (as amended by section 172 of this Act), omit paragraph (b), and
omit section 18(2) to (6) and (11) of the Health Act 2009.
Omit section 65E of the National Health Service Act 2006 (NHS foundation trusts: de-authorisation and appointment of administrator).
Omit Schedule 8A to that Act (de-authorised NHS trusts and NHS foundation trusts).
Omit section 15 of the Health Act 2009 (which inserts sections 52A to 52E and Schedule 8A in the National Health Service Act 2006).
In section 272 of the National Health Service Act 2006 (orders, regulations, rules and directions)—
in subsection (5), omit paragraph (aa), and
in subsection (6A), omit “52D(1), 52E(6),”.
In section 275(1) of that Act (interpretation), in the definition of “NHS trust”—
omit “, subject to Schedule 8A,”, and
omit “52D(1) or”.
In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit “52D(1) or”.
In section 65A of the National Health Service Act 2006 (bodies to which trust special administration regime applies)—
in subsection (1), for paragraphs (b) and (c) substitute—, and
omit subsection (2).
For the title to section 65B of that Act substitute “NHS trusts: appointment of trust special administrator”.
In section 65D of that Act (NHS foundation trusts: regulator's notice), for subsections (1) to (3) substitute—
In subsection (4) of that section—
for “giving a notice” substitute “making an order”,
after paragraph (a) insert—,
omit paragraph (b),
in paragraph (c), omit “goods or”, and
after paragraph (c) insert, and
After that subsection insert—
For the title to that section substitute “NHS foundation trusts: appointment of trust special administrator”.
Omit the cross-heading preceding that section.
After section 65D of the National Health Service Act 2006 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 65F of the National Health Service Act 2006 (administrator's draft report), in subsection (2)—
before paragraph (a) insert—, and
omit paragraph (a) (but not the following “and”).
At the end of that section insert—
At the end of section 65G of that Act (consultation plan) insert—
In section 65H of that Act (consultation requirements), in subsection (7)—
before paragraph (a) insert—,
omit paragraph (a),
in paragraph (b), omit “, if required by directions given by the Secretary of State”, and
after paragraph (c) insert;
In subsection (8) of that section, omit paragraphs (a) to (d).
In subsection (9) of that section—
after “representatives of” insert “the Board and”, and
for “(7)(a) or (b)” substitute “(7)(b), (c) or (d)”.
At the end of that section insert—
At the end of section 65I of that Act (administrator's final report) insert—
At the end of section 65J of that Act (power to extend time limits for preparing reports and carrying out consultation) insert—
In section 65K of the National Health Service Act 2006 (Secretary of State's decision on what action to take), in subsection (1), after “a final report under section 65I” insert “relating to an NHS trust”; and in consequence of that, for the title to that section substitute “Secretary of State's decision in case of NHS trust”.
After that section insert—
In section 65L of that Act (trusts coming out of administration), after subsection (2) insert—
Omit subsections (3) to (5) of that section.
At the end of that section insert—
After that section insert—
For the cross-heading preceding section 65K substitute “Action by the Secretary of State and the regulator”.
At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator) insert—
In section 65N of that Act (power to issue guidance), after subsection (2) insert—
At the end of that section insert—
In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”, after “65B(6)(a)” insert “, section 65D(2)”.
In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert,
In section 272 of that Act (orders etc.), in subsection (5), in paragraph (ab)—
after “65B(1),” insert “65D(2),”,
omit “65E(1),”,
after “65J(2),” insert “65KC(3),”, and
for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.
After subsection (6) insert—
In subsection (6A) of that section—
after “65B(1),” insert “65D(2),”,
omit “65E(1),”,
after “65J(2),” insert “65KC(3),”,
after “65L(2) or (4)” insert “, 65LA(3)”, and
for “(4)” substitute “(7)”.
In section 275(1) of that Act (interpretation), in the definition of “NHS trust”, omit the words from “and” to the end.
In paragraph 22(1) of Schedule 7 to that Act (documents which must be made available to the public free of charge), at the end insert,
In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of “NHS trust”, omit the words from “(including” to the end.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The NHS trusts established under section 25 of the National Health Service Act 2006 are abolished.
Chapter 3 of Part 2 of that Act (NHS trusts) is repealed.
Where arrangements (“franchise arrangements”) under which a person exercises (or is to exercise) the main functions of an NHS trust on behalf of the trust are in force immediately before the commencement of this section, the trust is to continue after that commencement to be constituted as an NHS trust until—
it is dissolved or becomes, merges with or is acquired by an NHS foundation trust,
where none of those events occurs before the end of the period of three years beginning with the day on which the franchise arrangements come to an end, the end of that period, or
where other franchise arrangements come into force before the end of that period, the end of the period of three years beginning with the day on which those other franchise arrangements or any subsequent franchise arrangements come to an end.
In subsection (3)(c), the reference to subsequent franchise arrangements is a reference to franchise arrangements which come into force before the end of the period of three years beginning with the day on which the preceding franchise arrangements come to an end.
For the purposes of subsection (3)—
Chapter 3 of Part 2 of the National Health Service Act 2006 is, despite subsection (2), to continue to have effect,
the amendments made by Schedule 14 are not to have effect (and subsection (6) is to be read accordingly), and
the amendments made by paragraph 9 of Schedule 21 are not to have effect (and section 297 is to be read accordingly).
Schedule 14 (which contains consequential amendments) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Omit section 33 of the National Health Service Act 2006 (application by NHS trust for authorisation).
Omit section 35 of that Act (authorisation of NHS foundation trust).
Omit section 36(1), (3) and (4) of that Act (NHS trust to become NHS foundation trust on being given authorisation but retain liabilities); in consequence of that, omit section 88 of this Act (licences to provide health care services: NHS foundation trusts).
For the title to section 36 of that Act substitute “Status etc. of NHS foundation trusts”.
For the cross-heading preceding section 33 of that Act substitute “Status etc. of NHS foundation trusts”.
Omit paragraph 19 of Schedule 7 to that Act and the preceding cross-heading (initial directors of former NHS trust).
Despite the preceding provisions of this section, sections 33, 35 and 36(1), (3) and (4) of, and paragraph 19 of Schedule 7 to, that Act, and section 88(1) and (2) of this Act, continue to have effect in the case of an NHS trust continuing in existence by virtue of section 179(3).
The repeal by subsection (3) of section 36(4) of that Act does not affect the continuity of anything continuing by virtue of that provision immediately before the commencement of this section.
The Health and Social Care Act 2008 is amended as follows.
A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations. The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.
After sub-paragraph (5) insert—
In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—
In section 82 (failure by Commission to discharge functions), after subsection (1) insert—
In subsection (2) of that section—
after “(1)” insert “or (1A)”, and
after “the Commission” insert “or (as the case may be) the committee”.
In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or (1A)”.
In subsection (3) of that section—
after “the Commission” insert “or the committee”, and
after “(1)” insert “or (1A)”.
In subsection (4) of that section (inserted by section 294), after “(1)” insert “, (1A)”.
For the title to that section substitute “Failure by the Commission or Healthwatch England in discharge of functions”.
In section 83 (reports for each financial year etc), after subsection (1) insert—
After subsection (2) of that section insert—
In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the Healthwatch England committee”—
Part 2 of Schedule 1 to the Public Records Act 1958,
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.
Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social services) is amended as follows.
In subsection (2)—
in each of paragraphs (a) to (c), before “people” insert “local”, and
omit the “and” preceding paragraph (d).
At the end of that paragraph, insert “and to the Healthwatch England committee of the Care Quality Commission.”
After that paragraph insert—
In subsection (3), after “(2)(b)” insert “and (f)”.
After that subsection insert—
After subsection (3A) insert—
“local people”, in relation to a local authority, means— who are (taken together) representative of the people mentioned in paragraphs (a) to (c);
In the title to section 221, omit “: local involvement networks”.
For the cross-heading preceding that section substitute “Local arrangements”.
After section 45C of the Health and Social Care Act 2008 (inserted by section 181(4)), insert—
Section 222 of the Local Government and Public Involvement in Health Act 2007 (arrangements under section 221 of that Act) is amended as follows.
For subsection (2) substitute—
In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable of being a Local Healthwatch organisation”.
For subsection (4) substitute—
For subsection (5) substitute—
After subsection (7) insert—
For subsection (8) substitute—
For the title to section 222 substitute “Local Healthwatch organisations”.
After section 222 insert—
Section 223 of the Local Government and Public Involvement in Health Act 2007 (power to make further provision about local authority arrangements) is amended as follows.
In subsection (1), for “require prescribed provision to be included in local involvement network arrangements” substitute “include prescribed provision”.
After that subsection insert—
In subsection (2)—
for “must require local involvement network arrangements to include” substitute “must include or (as the case may be) must require Local Healthwatch arrangements to include”,
in paragraphs (a), (c) and (d), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”, and
after paragraph (d) insert;
After subsection (2) insert—
In subsection (3)—
“care services” has the meaning given by section 221;
omit the definition of “a local involvement network”,
“Local Healthwatch arrangements” has the meaning given by section 222;
after that definition insert—, and
trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994.
After section 223 of the Local Government and Public Involvement in Health Act 2007 insert—
Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements).
In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the Local Government and Public Involvement in Health Act 2007”.
Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to respond to requests for information etc.) is amended as follows.
In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
For subsection (3) substitute—
After subsection (4) insert—
In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or contractors”.
Section 225 of that Act (duties of services-providers to allow entry to premises) is amended as follows.
In subsection (2), in paragraph (f), and in subsection (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
In subsection (4), in paragraph (a), after “section 221(1)” insert “or Local Healthwatch arrangements”.
After subsection (5) insert—
Omit subsection (6).
For the title to that section substitute “Duties of services-providers to allow entry by Local Healthwatch organisations or contractors”.
Section 226 of that Act (referrals of social care matters) is amended as follows.
In subsections (1) and (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a Local Healthwatch contractor”.
For subsection (7) substitute—
“Local Healthwatch arrangements” has the meaning given by section 222; “Local Healthwatch contractor” has the meaning given by section 223;
For the title to that section substitute “Referrals of social care matters”.
Section 227 of the Local Government and Public Involvement in Health Act 2007 (annual reports) is amended as follows.
In subsection (2), omit “by a local authority with another person (“H”)”.
In that subsection, in paragraph (a)—
in sub-paragraph (i)—
omit “, for each local involvement network,”,
for “the network”, in the first place it appears, substitute “the Local Healthwatch organisation”,
for “the network”, in the second place it appears, substitute “the organisation”,
after “carried on” insert “under the arrangements or arrangements made”,
omit sub-paragraph (ii), and
omit sub-paragraph (iii) and the preceding “and”.
In subsection (3)—
after paragraph (a) insert “and”,
in paragraph (b)—
omit the words from “, if it is” to “(2)(a)(ii)),”, and
in sub-paragraph (i), for “H in respect of the network” substitute “the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”, and
omit paragraph (c) and the preceding “and”.
In subsection (4)—
after paragraph (a) insert—;
after paragraph (ca) insert—, and
omit paragraph (d) (but not the following “and”).
In subsection (5)—
in paragraph (a)—
omit the words from the beginning to “(2)(a)(ii)),”,
for “the network” substitute “the Local Healthwatch organisation”, and
after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
omit paragraph (b) and the “and” preceding it.
Omit subsections (6) to (8).
“Local Healthwatch contractor” has the meaning given by section 223;
For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.
This section applies where arrangements made under section 221 of the Local Government and Public Involvement in Health Act 2007 before the commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that commencement.
The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority's area.
A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
A scheme under this section may provide for the transfer of property, rights or liabilities—
whether or not they would otherwise be capable of being transferred;
irrespective of any requirement for consent that would otherwise apply.
A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
treated as done by or in relation to the transferee or its employees;
continued by or in relation to the transferee or its employees.
A scheme under this section may in particular make provision about continuation of legal proceedings.
A scheme under this section may include provision requiring the local authority to pay compensation to the transferor; and for that purpose the scheme may—
impose a duty on the local authority to determine the amount of the compensation;
confer power on the Secretary of State to do so.
A scheme under this section may include supplementary, incidental and consequential provision.
Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional arrangements).
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert—.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “ Director of a Local Healthwatch organisation. ”
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert—
In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute—.
In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)—
in subsection (1)(c)—
for “local involvement networks” substitute “Local Healthwatch organisations or Local Healthwatch contractors”, and
omit “in their areas”; and
for subsection (3) substitute—
Section 244 of the National Health Service Act 2006 is amended as follows.
In subsection (2)—
omit “an overview and scrutiny committee of”,
for “the committee” (in each place where it occurs) substitute “the authority”,
for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant health service providers”,
for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or relevant health service provider”,
omit the words in brackets in paragraph (c), and
in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,”.
After subsection (2) insert—
For subsection (3) substitute—
After subsection (3) insert—
In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.
For the heading to section 244 substitute “Review and scrutiny by local authorities”.
For the title to Chapter 3 of Part 12 of the National Health Service Act 2006 substitute “Review and scrutiny by local authorities”.
Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act 2011, section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows—
in subsection (2)(f)—
omit “section 244 of the National Health Service Act 2006 or”,
for “either of those sections” substitute “that section”,
for “the Act concerned” substitute “that Act”, and
for “the section concerned” substitute “that section”,
omit subsection (2A)(a) and (b), and
in subsection (4) at the end insert “or under section 244(2ZE) of the National Health Service Act 2006.”
In section 9F of the Local Government Act 2000 (overview and scrutiny committees) (as inserted by Schedule 2 to the Localism Act 2011)—
omit subsection (2)(f),
omit subsection (3)(a) and (b), and
in subsection (5) omit the word “or” following paragraph (a) and after paragraph (b) insertor
Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4).
In subsection (1) for the words from “relevant functions” to the end of the subsection substitute “ “relevant functions” means functions under regulations under section 244(2) to (2ZC).”
In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.
After subsection (4) insert—
Omit subsections (5) and (9).
Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).
In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).”
In subsection (5) for “overview and scrutiny committees” substitute “local authorities”.
In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating to functions of local authorities by virtue of section 244”.
Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13).
For subsection (1) substitute—
In subsection (2)—
for the words from the beginning to “apply” substitute “Section 245(2)(b) and (c) applies”, and
omit the words from “and as if” to the end of the subsection.
In subsection (4)—
for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
for the words from “in the case of the committee” to the end of the subsection substitute “in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.”
Omit section 247A (application to local authorities without overview and scrutiny committees).
In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.
Section 116 of the Local Government and Public Involvement in Health Act 2007 (health and social care: joint strategic needs assessments) is amended as follows.
In subsection (4), for paragraph (b) substitute—.
In subsection (6)—
for “for which a partner PCT acts” substitute “of a partner clinical commissioning group”,
for “the partner PCT” substitute “the partner clinical commissioning group”, and
after “a need” insert “or to be likely to be a need”.
In subsection (7)—
in paragraph (a)(ii) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”, and
in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical commissioning group or the National Health Service Commissioning Board”.
In subsection (8)—
for “each partner PCT” substitute “each of its partner clinical commissioning groups”,
after paragraph (b) (but before the “and” immediately following it) insert—, and
in paragraph (c) for “consult” substitute “involve”.
After subsection (8) insert—
In subsection (9)—
“partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;
in the definition of “relevant district council”, in paragraph (b)—
for “a partner PCT” substitute “a partner clinical commissioning group”, and
for “the area for which the partner PCT acts” substitute “the area of the clinical commissioning group.
After section 116 of the Local Government and Public Involvement in Health Act 2007 insert—
A local authority must establish a Health and Wellbeing Board for its area.
The Health and Wellbeing Board is to consist of—
subject to subsection (4), at least one councillor of the local authority, nominated in accordance with subsection (3),
the director of adult social services for the local authority,
the director of children's services for the local authority,
the director of public health for the local authority,
a representative of the Local Healthwatch organisation for the area of the local authority,
a representative of each relevant integrated care board, and
such other persons, or representatives of such other persons, as the local authority thinks appropriate.
A nomination for the purposes of subsection (2)(a) must be made—
in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader of the local authority;
in any other case, by the local authority.
In the case of a local authority operating executive arrangements, the elected mayor or the executive leader of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a member of the Board.
The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it on the Health and Wellbeing Board.
A relevant integrated care board must appoint a person to represent it on the Health and Wellbeing Board.
A person may, with the agreement of the Health and Wellbeing Board, represent more than one integrated care board on the Board.
The Health and Wellbeing Board may appoint such additional persons to be members of the Board as it thinks appropriate.
At any time after a Health and Wellbeing Board is established, a local authority must, before appointing another person to be a member of the Board under subsection (2)(g), consult the Health and Wellbeing Board.
A relevant integrated care board must co-operate with the Health and Wellbeing Board in the exercise of the functions of the Board.
A Health and Wellbeing Board is a committee of the local authority which established it and, for the purposes of any enactment, is to be treated as if it were a committee appointed by that authority under section 102 of the Local Government Act 1972.
But regulations may provide that any enactment relating to a committee appointed under section 102 of that Act of 1972—
does not apply in relation to a Health and Wellbeing Board, or
applies in relation to it with such modifications as may be prescribed in the regulations.
In this section—
“enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);
“elected mayor”, “executive arrangements” and “executive leader”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000;
“relevant integrated care board”, in relation to a local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the local authority.
In this section and in sections 195 to 199, “local authority” means—
a county council in England;
a district council in England, other than a council for a district in a county for which there is a county council;
a London borough council;
the Council of the Isles of Scilly;
the Common Council of the City of London in its capacity as a local authority.
A Health and Wellbeing Board must, for the purpose of advancing the health and wellbeing of the people in its area, encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner.
A Health and Wellbeing Board must, in particular, provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services.
A Health and Wellbeing Board may encourage persons who arrange for the provision of any health-related services in its area to work closely with the Health and Wellbeing Board.
A Health and Wellbeing Board may encourage persons who arrange for the provision of any health or social care services in its area and persons who arrange for the provision of any health-related services in its area to work closely together.
Any reference in this section to the area of a Health and Wellbeing Board is a reference to the area of the local authority that established it.
In this section—
“the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;
a county council in England;
The Health Act 1999 is amended as follows.
Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows. In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”. Omit subsection (3). In subsection (4) for “that subsection” substitute “subsection (1)”.
In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
omit paragraph 36A,
before paragraph 38 insert—, and
omit paragraph 39.
The Licensing Act 2003 is amended as follows.
In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of “relevant NHS body”—
before paragraph (a) insert—
in paragraph (a)—
at the beginning insert “a clinical commissioning group,”
omit “a Strategic Health Authority,”, and
omit “Primary Care Trust,”.
The Health and Social Care Act 2008 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
after paragraph (h) insert—, and
omit paragraph (i).
The terms of an enforcement undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and Monitor agree.
The Care Standards Act 2000 is amended as follows.
In section 61 (English and Scottish border provisions)—
in subsection (2)—
after “Secretary of State” insert “, the National Health Service Commissioning Board”,
after “any” insert “clinical commissioning group”,
omit “Strategic Health Authority”, and
omit “or Primary Care Trust”, and
in subsection (5)—
after “any” insert “clinical commissioning group”, and
omit “Primary Care Trust”.
In section 5(3) (statement of licensing policy)—
in paragraph (ba) omit “Primary Care Trust or”, and
after that paragraph insert—.
In section 30 (urgent procedure for cancellation), in subsection (3)—
before paragraph (a) insert—,
in paragraph (a)—
at the beginning insert “in any case where regulations so provide,”,
after “such” insert “clinical commissioning group”, and
omit “Primary Care Trust”, and
omit paragraph (b).
In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)—
for “a Council” substitute “the Welsh Council”, and
after “section 63” insert “, or by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001,”.
In Schedule 4 (amendments relating to Primary Care Trusts)—
omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and
omit paragraphs 3(c), 82 and 85(2).
In section 13(4) (authorised persons, interested parties and responsible authorities)—
in paragraph (ba) omit “Primary Care Trust or”, and
after that paragraph insert—.
In section 39 (bodies required to be notified of certain matters), in subsection (1)—
before paragraph (a) insert—,
in paragraph (a)—
at the beginning insert “in any case where regulations so provide,”,
after “such” insert “clinical commissioning group”, and
omit “Primary Care Trust”, and
omit paragraph (b).
In section 56 (register of social care workers etc.)—
in subsection (1), for “Each Council” substitute “The Welsh Council”, and
in subsection (4), for “the Council” substitute “the Welsh Council”.
In section 16 (applicant for premises licence), in subsection (3), in the definition of “health service body” omit paragraph (b).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit subsection (1),
omit subsection (2), and
in subsections (4) and (6)(a), for “a body’s” substitute “a local authority’s”.
In section 57 (applications for registration), in subsection (1), for “a Council” substitute “the Welsh Council”.
In section 69(4) (authorised persons, interested parties and responsible authorities)—
in paragraph (ba) omit “Primary Care Trust or”, and
after that paragraph insert—.
In section 48 (special reviews and investigations)—
in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—, and
in subsection (8) omit paragraph (a) and the word “or” immediately following it.
In section 58 (grant or refusal of registration), in subsection (1) for “the Council” substitute “the Welsh Council”.
In section 172B(4) (procedural requirements for early morning alcohol restriction order)—
in paragraph (d) omit “Primary Care Trust or”, and
after that paragraph insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “a Primary Care Trust,”, and
omit “another English NHS provider or”.
In section 58A (visiting social workers from relevant European States)—
in subsections (3) and (7), for “a Council” substitute “the Welsh Council”, and
in subsection (6), for “a Council, that” substitute “the Welsh Council, the”.
In section 54 (studies as to economy, efficiency etc)—
omit subsection (2)(b), and
in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.
In section 59 (removal etc. from register), in subsection (1), for “Each Council” substitute “The Welsh Council”.
In section 59 (additional functions) at the end insert—
In section 60 (rules about registration), for “A Council” substitute “The Welsh Council”.
In section 64 (power to require documents and information), in subsection (2)(b)—
after “commissioned by” insert— , and
omit “a Primary Care Trust”.
In section 61 (offence relating to use of title “social worker” etc.)—
in subsection (1), after “a person” insert “in Wales”,
in subsection (2)(a), for “a Council” substitute “the Welsh Council”, and
in subsection (2)(b), after “the law of” insert “England and Wales so far as applying in relation to England,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 62 (codes of practice)—
in subsection (1), for “Each Council” substitute “The Welsh Council”,
in subsections (3), (4) and (6), for “a Council” substitute “the Council”, and
in subsection (5), after “Local authorities” insert “in Wales”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit paragraph (a), and
in paragraph (b), for “such a body” substitute “an English NHS body”.
In section 63 (approval of courses etc.)—
in subsection (1), for “Each Council” substitute “The Welsh Council”, and
in subsection (4), for “A Council” substitute “The Council”.
In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—.
In section 64 (qualifications gained outside Council’s area)—
in subsection (A1), for “a Council” substitute “the Welsh Council”,
omit subsection (1), and
for the title substitute “Qualifications gained outside the Welsh Council’s area”.
Section 97 (general interpretation of Part 1) is amended as follows. In subsection (1) in the definition of “English NHS body”— In that subsection in the definition of “English NHS provider” omit paragraph (a). In that subsection in the definition of “NHS care”— After subsection (2) insert— Omit subsection (3).
In section 65(1) (power to make rules requiring registered persons to undertake further training), for “A Council” substitute “The Welsh Council”.
In section 153 (directions to certain NHS bodies) in subsection (1)—
omit paragraph (a), and
omit paragraph (b).
In section 66 (visitors for certain social work courses)—
in subsection (1), for “A Council” substitute “The Welsh Council”, and
in subsection (3), for “a Council” substitute “the Council”.
In section 67 (functions of the appropriate Minister)—
in subsection (2), for “a Council” substitute “the Welsh Council”, and
in subsection (5), omit paragraph (a) (and the “or” following it).
In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the Welsh Council”.
In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh Council”.
Omit section 70 (abolition of the Central Council for Education and Training in Social Work).
In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the Welsh Council”.
In section 113 (default Ministerial powers), omit subsection (1).
In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.
In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the end.
In section 121 (13) (index of defined expressions)—
omit the entry for “CCETSW”,
omit the entry for references to the Council, the English Council and the Welsh Council, and
the Welsh Council Section 54
In section 122 (commencement), omit “section 70(2) to (5) and”.
In section 123 (extent), omit subsection (3).
Schedule 1 (the Care Councils) is amended as follows.
Omit paragraph 1 (introductory).
In paragraph 2 (status)—
for “An authority” substitute “The Welsh Council”, and
for “an authority’s” substitute “the Council’s”.
In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh Ministers, the Welsh Council”.
In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.
For paragraph 5 (membership)—
for “Each authority” substitute “The Welsh Council”, and
for “the Secretary of State” substitute “the Welsh Ministers”.
In paragraph 6 (appointment, procedure etc.)—
for “The Secretary of State” substitute “The Welsh Ministers”,
in paragraph (a), for “an authority” substitute “the Welsh Council”,
in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each place it appears) for “an authority” substitute “the Council”, and
in paragraph (c), for “the authority” substitute “the Council”.
Paragraph 7 (remuneration and allowances) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)— In sub-paragraph (3)—
Paragraph 8 (chief officer) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”. In sub-paragraph (3), for “the authority” substitute “the Council”. In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.
Paragraph 12 (staff) is amended as follows. In sub-paragraph (1), for “An authority” substitute “The Welsh Council”. In sub-paragraph (2)— In sub-paragraph (3), for “an authority” substitute “the Council”. In sub-paragraph (4)—
Paragraph 13 (delegation of functions) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)—
In paragraph 14 (arrangements for the use of staff)—
for “The Secretary of State” substitute “The Welsh Ministers”,
in paragraph (a), for “an authority” substitute “the Welsh Council”, and
in paragraph (b), for “an authority” substitute “the Council”, and for “the authority” substitute “the Council”.
In paragraph 16 (payments to authorities)—
for “The Secretary of State” substitute “The Welsh Ministers”,
for “an authority” substitute “the Welsh Council”, and
for “he considers” substitute “they consider”.
Paragraph 18 (accounts) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)— In sub-paragraph (3)— In sub-paragraph (4)— In sub-paragraph (5)—
Paragraph 19 (reports etc.) is amended as follows. In sub-paragraph (1)— In sub-paragraph (2)— In sub-paragraph (3), for “the authority” substitute “the Council”.
In paragraph 20 (application of seal)—
for “an authority” substitute “the Welsh Council”, and
in paragraphs (a) and (b), for “the authority” substitute “the Council”.
In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
For the title to Schedule 1 substitute “The Welsh Council”.
In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
after “Authorities including” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,
after “records of trust property passing to” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or section 300 of the Health and Social Care Act 2012”,
after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”, and
after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under”.
In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit “a Primary Care Trust or”.
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)—
omit paragraph (a),
omit paragraph (b),
before paragraph (c) insert—, and
omit paragraph (f).
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
omit the entry for the Health Protection Agency, and
in the Notes, omit the paragraph on the Health Protection Agency.
The Health and Safety at Work etc. Act 1974 is amended as follows.
In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd).
Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies) is amended as follows. In paragraph (a)— In paragraph (b)— In paragraph (c)— In paragraph (d)—
The National Health Service Act 2006 is amended as follows.
In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6).
Monitor must pay to its non-executive members such remuneration and allowances as the Secretary of State may determine. Monitor must pay or make provision for the payment of such pensions, allowances or gratuities as it may, with the approval of the Secretary of State, 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, Monitor must pay compensation to the person of such amount as the Secretary of State may determine.
Monitor 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 Monitor. Monitor may pay such remuneration and allowances as it determines to any person who— whether or not that person is a non-executive member of Monitor.
Monitor 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.
Monitor may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
Monitor must keep proper accounts and proper records in relation to the accounts. The Secretary of State may, with the approval of the Treasury, give directions to Monitor as to— In sub-paragraph (2), the reference to accounts includes Monitor’s annual accounts prepared under paragraph 19 and any interim accounts prepared by virtue of paragraph 20.
The application of Monitor’s seal must be authenticated by the signature of the chair or any other person who has been authorised (generally or specifically) for that purpose. A document purporting to be duly executed under Monitor’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.
The terms of a section 77 undertaking (including, in particular, the action specified under it and the period so specified within which the action must be taken) may be varied if both the person giving the undertaking and Monitor agree.
As soon as practicable after making a reference, or a variation under paragraph 1, Monitor—
must send a copy of the reference or variation to the relevant persons, and
must publish particulars of the reference or variation.
In making a report on a reference, the Competition Commission— For the purposes of paragraphs 7 and 8, a conclusion in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. If a member of a group so constituted disagrees with a conclusion in a report made on a reference, the report must, if the member so wishes, include a statement of the member’s disagreement and reasons for disagreeing. A report of the Commission on a reference must be sent to Monitor. On receiving a report on a reference, Monitor must send a copy of it to the Secretary of State. Not less than 14 days after the Secretary of State receives that copy, Monitor must send a copy to the relevant persons. Not less than 24 hours after complying with sub-paragraph (6), Monitor must publish the report.
Before making a report on a reference, giving or sending a notice under paragraph 8(5)(a) or (8) or publishing a notice under paragraph 8(12), the Competition Commission must have regard to the following considerations. The first consideration is the need to exclude from disclosure (so far as practicable) any information the disclosure of which the Commission considers is contrary to the public interest. The second consideration is the need to exclude from disclosure (so far as practicable)— The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (3)(a) or (b) is necessary for the purposes of the report. For the purposes of the law relating to defamation, absolute privilege attaches to the report or notice.
Monitor must publish a procedure for entering into enforcement undertakings. Monitor may revise the procedure and if it does so, Monitor must publish the procedure as revised. Monitor must consult such persons as it considers appropriate before publishing or revising the procedure.
In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph (f) substitute—.
In section 1(3) of the Abortion Act 1967 (location of treatment for termination of pregnancy) after “National Health Service trust” insert “established under section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978”.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), in the entry for National Health Service trusts omit “the National Health Service Act 2006 or”.
In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third party insurance), omit “section 25 of the National Health Service Act 2006,”.
In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.
In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert—.
The National Institute for Health and Care Excellence.
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—.
The National Health Service Act 2006 is amended as follows. In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert—. In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert—. In section 72 (co-operation between NHS bodies)— In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—.
In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert—.
The chair and other non-executive members— The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds— The Secretary of State may suspend a person from office as the chair or other 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 (2). A non-executive member may not be appointed for a period of more than four years. A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
The Information Centre may appoint such persons to be employees of the Centre as it considers appropriate. Employees of the Information Centre are to be paid such remuneration and allowances as the Centre may determine. Employees of the Information Centre are to be appointed on such other terms and conditions as the Centre may determine. The Information Centre 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 Centre. Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), the Centre must obtain the approval of the Secretary of State to its policy on that matter.
The Information Centre may arrange for any function exercisable by it to be exercised on its behalf by—
a non-executive member;
an employee (including an executive member);
a committee or sub-committee.
As soon as practicable after the end of each financial year, the Information Centre must prepare an annual report on how it has exercised its functions during the year. The Information Centre must— The Information Centre must provide the Secretary of State with such other reports and information relating to the exercise of the Centre’s functions as the Secretary of State may require. In this paragraph and paragraph 14 “financial year” means—
The Information Centre must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
In section 16 (supply of information by public bodies), in subsection (2)—
omit paragraph (c),
omit paragraph (d), and
before paragraph (e) insert—.
In each of the following provisions for “NHS services” substitute “health services”—
the title to Part 1,
section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
the definitions of “carers”, “patients” and “staff” in section 3(7).
In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in particular,” to the end.
In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
Monitor must prepare annual accounts in respect of each financial year. Monitor 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—
Where Monitor accepts an enforcement undertaking, Monitor must publish the undertaking. But Monitor must not under sub-paragraph (1) publish any part of an enforcement undertaking which contains information which it is satisfied is—
In section 222 (arrangements regarding local involvement networks)—
omit subsection (3)(b), and
omit subsection (4)(d).
In each of the following provisions, for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and
paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006.
In section 77 (supply of information by public bodies), in subsection (2)—
omit paragraph (c),
omit paragraph (d), and
before paragraph (e) insert—.
Section 2 (duty to have regard to NHS constitution) is amended as follows. In subsection (1), for “NHS functions” substitute “health service functions”. In subsection (2)— In subsection (3), for “an “NHS function”” substitute “a “health service function””. In subsection (4)— In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from “, and, in the case of” to “the Health Protection Agency”.
In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
in subsection (2) omit paragraph (g), and
in subsection (5) for “, (f) and (g)” substitute “and (f)”.
The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”). Monitor must send copies of any interim accounts to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General within such period as the Secretary of State may direct. The Comptroller and Auditor General must—
In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory Excellence”— The Professional Standards Authority for Health and Social Care Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
Section 3 (availability and review of NHS constitution) is amended as follows. In subsection (3), omit paragraph (d). Omit subsection (8).
In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
Section 8 (duty of providers to publish information) is amended as follows. In subsection (1) for “NHS services” (in each place where it occurs) substitute “relevant health services”. Omit subsection (2)(a). In subsection (3) for paragraphs (a) to (c) substitute—. For subsection (6) substitute—
In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert—.
In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2—
in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.
The Education Act 1996 is amended as follows.
The Crime and Disorder Act 1998 is amended as follows.
In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of “National Health Service body”—
omit “a Strategic Health Authority,”, and
omit “, a Primary Care Trust”.
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The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a)—
the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006;
omit the entry for Strategic Health Authorities, and
omit the entry for Primary Care Trusts.
The Mental Capacity Act 2005 is amended as follows.
In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating to Primary Care Trusts), and
omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e) (which make amendments relating to Strategic Health Authorities).
Section 322 (duty of certain bodies to help local authorities) is amended as follows. In subsection (1)— In subsection (2), for “An authority, a board or a trust” substitute “A body”. In subsection (3), in paragraph (a)— In subsection (4)—
In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
In section 71 (reporting to Secretary of State and regulator)—
in subsection (2), after “special measures” insert “or request another person to take special measures”, and
omit subsections (3) and (4).
In section 35 (appointment of independent mental capacity advocates)—
in subsection (1), for “appropriate authority” substitute “responsible authority”,
in subsection (4), for “appropriate authority” substitute “responsible authority”, and
after subsection (6) insert—
Section 332 (duty of certain NHS bodies to notify parent) is amended as follows. In subsection (1)— In subsection (2) for “trust” (in each place where it occurs) substitute “other body”. In subsection (3) for “trust” substitute “other body”.
In section 38 (local provision of youth justice services), in subsection (2)(b)—
after “local probation board” insert “, clinical commissioning group or”, and
omit “, Strategic Health Authority,”, and
omit “or Primary Care Trust”.
Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
In section 9 (dispute resolution)—
in subsection (1) omit “by Strategic Health Authorities in England and”,
at the end of that subsection insert “in relation to Wales”,
in subsection (2) omit —
“Strategic Health Authority or”, and
“Authority or”,
in subsection (3)—
for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
omit “a Strategic Health Authority or”, and
omit “Authority or”, and
in subsection (4)(a) omit “Strategic Health Authority or”.
In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.
In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
In section 39 (Youth Offending Teams), in subsection (3)(b)—
after “local probation board” insert “, clinical commissioning group or”,
omit “, Strategic Health Authority,”, and
omit “or Primary Care Trust”.
In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
omit paragraph (a),
omit paragraph (b), and
before paragraph (d) insert—.
Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows. In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)— In paragraph 180 (supervisory bodies: hospitals in England)— In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute— Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”. In that paragraph—
In that section, in subsection (5)(d)—
after “nominated by” insert “a clinical commissioning group or”, and
omit “a Primary Care Trust or”.
In section 160 (provision of information)—
in subsection (1), after paragraph (g) insert—, and
in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.
In section 41 (the Youth Justice Board), in subsection (10)—
after “provider of probation services,” insert “a clinical commissioning group,”,
for “, a Strategic Health Authority,” substitute “and”, and
omit “and a Primary Care Trust”.
In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)—
omit sub-paragraph (i), and
before sub-paragraph (ii) insert—.
In section 42 (supplementary provisions), in subsection (3)—
after “provider of probation services,” insert “a clinical commissioning group,”,
for “, a Strategic Health Authority,” substitute “or”, and
omit “or a Primary Care Trust”.
In section 115, in subsection (2) (disclosure of information to relevant authorities)—
omit paragraph (ea),
after paragraph (f) insert—, and
omit paragraph (g).
“electronic communication” has the same meaning as in the Electronic Communications Act 2000;
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1—
omit paragraph (ea),
before paragraph (g) insert—, and
omit paragraph (gg).
In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—
in subsection (5), in paragraph (d)—
after “to” insert “the National Health Service Commissioning Board, any clinical commissioning group,”,
omit “any Strategic Health Authority,”, and
omit “, any Primary Care Trust”, and
in subsection (6), in paragraph (c)—
after “in the case of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
omit “a Strategic Health Authority,”, and
omit “, Primary Care Trust”.
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”—
after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
omit “Primary Care Trusts,”.
In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—
The Acquisition of Land Act 1981 is amended as follows.
The Dentists Act 1984 is amended as follows.
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)—
after “the National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
The Children Act 1989 is amended as follows.
In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)—
before paragraph (a) insert—
in paragraph (a)—
at the beginning insert “a clinical commissioning group”,
omit “a Strategic Health Authority”, and
omit “or Primary Care Trust”.
The NHS Redress Act 2006 is amended as follows.
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
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A Primary Care Trust may at any time during the initial period make arrangements with a clinical commissioning group under which the group exercises any functions of the Primary Care Trust on its behalf. Any reference (however expressed) in the following provisions of Chapter A2 of Part 2 of the National Health Service Act 2006 to the functions of a clinical commissioning group includes a reference to the functions of a Primary Care Trust that are exercisable by the group by virtue of sub-paragraph (1)— Arrangements made under sub-paragraph (1) do not affect the liability of the Primary Care Trust for the exercise of any of its functions.
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A) omit “the Health Protection Agency,” in each place it occurs.
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
The National Health Service (Wales) Act 2006 is amended as follows.
In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts), in paragraph (2)(g) omit paragraph (vi).
The following functions of the Competition Commission must be performed, in accordance with rules under paragraph 11, by a group selected for the purpose by the Chairman of the Commission— A group selected under this paragraph must consist of three members of the Commission. The Chairman of the Commission must appoint one of the members as chair of the group. The Chairman of the Commission may select a member of the Commission to replace a person as a member of group if— The replacement of a member of a group does not prevent the group from continuing after the replacement with anything begun before it. The Chairman of the Commission may be appointed as, or may be selected to replace a person as, a member of a group (including as chair of the group). A decision of a group is effective only if—
The Competition Commission may by notice require a person to produce to it the documents specified or otherwise identified in the notice. The power to require the production of a document is a power to require its production— The Competition Commission may take copies of a document produced to it under this paragraph.
This paragraph applies if a person (“the defaulter”)— A member of the Commission may certify the failure, or the fact that a false statement has been made, to the High Court. The High Court may inquire into a matter so certified. If the High Court, having heard any witness on behalf of or against the defaulter and any statement in the defaulter’s defence, is satisfied that the defaulter did, without reasonable excuse, the act referred to in sub-paragraph (1), it may punish the defaulter as if the defaulter had been guilty of contempt of court.
A group that makes a determination on a reference under section 120 must make an order requiring the payment to the Competition Commission of the costs incurred by the Commission in connection with the reference. Where it is determined that the method to which the reference relates is not appropriate, the order must require those costs to be paid by Monitor. Where it is determined that the method to which the reference relates is appropriate, the order must require those costs to be paid by such objectors as are specified in the order. Where the order specifies more than one objector, it may specify the proportions in which the objectors are to be liable for the costs. The group that makes a determination on a reference under section 120 may also make an order requiring Monitor or an objector who made representations in accordance with paragraph 2 to make payments to the other in respect of costs incurred by the other in connection with the determination. A person required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the making of the order. Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at such rate as may be determined in accordance with provision in the order.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)— In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
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 the Act applies), in paragraph 1(l) omit “section 25 of the National Health Service Act 2006 or”.
In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.
The Employment Rights Act 1996 is amended as follows.
In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend capital), in subsection (5) after the definition of “initial loan” insert—
In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006 or”.
In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health Service Act 2006 or”.
In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation), omit the definition of “NHS trust”.
The Information Centre must pay to the non-executive members such remuneration and allowances as the Secretary of State may determine. The Information Centre 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 Information Centre must pay compensation to the person of such amount as the Secretary of State may determine.
The Information Centre may regulate its own procedure. The validity of any act of the Information Centre is not affected by any vacancy among the members or by any defect in the appointment of a member.
The Secretary of State may make payments to the Information Centre out of money provided by Parliament of such amounts as the Secretary of State thinks appropriate. Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State thinks appropriate. The Secretary of State may lend money to the Information Centre on such terms (including as to repayment and interest) as the Secretary of State may determine.
In section 16 (land excluded from compulsory purchase), in subsection (3)—
after paragraph (a) insert—
omit paragraph (c).
In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
for “Secretary of State,” substitute “Secretary of State or”,
omit “or a Primary Care Trust” (in each place where it occurs), and
after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
In section 1, in subsection (3)—
after paragraph (a) insert—,
omit paragraph (b),
omit paragraph (c), and
in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
Section 222 (arrangements relating to local care services) is amended as follows. In subsection (3)— After that subsection insert—
In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts). In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
In section 50(8)(a) (right of employees of NHS trusts to time off for public duties), omit “section 25 of the National Health Service Act 2006,”.
In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of “statutory undertakers”—
omit paragraph (ad), and
before paragraph (b) insert—.
In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
In section 24 (persons qualifying for advice and assistance), in subsection (2)—
in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic Health Authority”.
In section 224 (duties of services-providers to respond to local involvement networks)—
for “services-provider”, in each place it appears, substitute “responsible person”,
in subsection (2), before paragraph (a) insert—,
in that subsection, omit paragraph (c), and
in the title, for “services-providers” substitute “responsible persons”.
In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)—
after paragraph (b) insert “and”, and
omit paragraph (e) and the preceding “and”.
Omit section 32 (general duty of regulator). Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
In section 218(10)(c) (change of employer) omit “the National Health Service Act 2006 or”.
In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
omit “under section 92 of the National Health Service Act 2006 or”,
after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health Authority”, and
in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c).
In section 275(1) (general interpretation), at the appropriate place, insert—.
In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
In section 27 (co-operation between authorities), in subsection (3)—
after paragraph (c) insert—
in paragraph (d)—
after “any” insert “clinical commissioning group,”, and
omit “, Primary Care Trust”.
In section 227 (annual reports), in subsection (4)(b)—
omit “each Primary Care Trust,”,
omit “and”,
omit “each Strategic Health Authority,”, and
omit the words from “any” to the end.
In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)” substitute “section 275(1)”.
In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
for “Secretary of State,” substitute “Secretary of State or”,
omit “or a Primary Care Trust” (in both places where it occurs),
after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
omit “a Strategic Health Authority,”.
In section 47 (local authority's duty to investigate), in subsection (11)—
after paragraph (c) insert—
in paragraph (d)—
after “any” insert “clinical commissioning group,”, and
omit “, Primary Care Trust”.
In section 80 (inspection of children's homes)—
in subsection (1), in paragraph (d) —
omit “, Primary Care Trust”, and
after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006”,
in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
after that paragraph insert—.
In section 85 (children accommodated by health authorities)—
in subsection (1) omit “Primary Care Trust,”, and
after subsection (2) insert—
Section 105 (interpretation) is amended as follows. In subsection (1)— After subsection (7) insert—
the Common Council of the City of London;
The functions of a local authority and its partner integrated care boards under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board established by the local authority.
A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that are exercisable by the authority.
A Health and Wellbeing Board may give the local authority that established it its opinion on whether the authority is discharging its duty under section 116B of the 2007 Act.
The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244 of the National Health Service Act 2006.
Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
an assessment of relevant needs under section 116 of the Local Government and Public Involvement in Health Act 2007, or
a strategy under section 116A of that Act.
NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case may be) the strategy.
Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise or proposed exercise of the commissioning functions of NHS England in relation to the area of the authority that established the Health and Wellbeing Board.
If the Health and Wellbeing Board so requests, NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the matter.
The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a person who is not a member or employee of NHS England.
In this section—
“the health service” has the same meaning as in the National Health Service Act 2006.
Two or more Health and Wellbeing Boards may make arrangements for—
any of their functions to be exercisable jointly;
any of their functions to be exercisable by a joint sub-committee of the Boards;
a joint sub-committee of the Boards to advise them on any matter related to the exercise of their functions.
A Health and Wellbeing Board may, for the purpose of enabling or assisting it to perform its functions, request any of the following persons to supply it with such information as may be specified in the request—
the local authority that established the Health and Wellbeing Board;
any person who is represented on the Health and Wellbeing Board by virtue of section 194(2)(e) to (g) or (8);
any person who is a member of a Health and Wellbeing Board by virtue of section 194(2)(g) or (8) but is not acting as a representative.
A person who is requested to supply information under subsection (1) must comply with the request.
Information supplied to a Health and Wellbeing Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a function of the person to whom the request is made, or
a person in respect of whom a function is exercisable by that person.
In section 77 of the National Health Service Act 2006 (Care Trusts), in subsection (1)—
in paragraph (a), after “an NHS trust” insert “or a clinical commissioning group or an NHS foundation trust”,
omit the “and” preceding paragraph (b),
in paragraph (b), for “the Secretary of State considers” substitute “the body and the local authority concerned consider”,
in that paragraph, for “a local authority” substitute “the local authority”,
after paragraph (b), insert, and , and
for “the Secretary of State may” substitute “the body and the local authority may jointly”.
After that subsection insert—
Omit subsections (2) and (3) of that section.
In subsection (4) of that section—
for “The direction is that while the body is designated it” substitute “A body designated as a Care Trust under this section”,
for “specified in the direction” substitute “agreed”,
for “so specified” substitute “so agreed”, and
at the end insert “; and “agreed” means agreed by the body and the local authority”.
For subsection (5) of that section substitute—
After subsection (5B) of that section insert—
After subsection (5C) of that section insert—
Omit subsection (6) of that section.
Omit subsection (7) of that section.
In subsection (9) of that section—
omit paragraph (a),
omit paragraph (b),
omit paragraph (c), and
in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
In subsection (10) of that section, after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or clinical commissioning group or NHS foundation trust”.
Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the National Health Service Act 2006 before the commencement of those subsections.
A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its designation as a Care Trust revoked must notify the Secretary of State of that revocation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to Primary Care Trusts, until the commencement of section 34, and
in relation to NHS trusts, until the commencement of section 179.
In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H) insert—
In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services contracts), in subsection (3), in paragraphs (a) and (b), before “legally and beneficially” insert “both”.
In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for “may make” substitute “must make”.
In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act for the provision of primary medical services), in the definition of “qualifying body” in subsection (3), before “legally and beneficially” insert “both”.
Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services contracts) is amended as follows.
In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
After that subsection insert,
In subsection (2), for paragraph (b) substitute—
After that subsection insert—
After subsection (3) insert—
After subsection (3B) insert—
Section 108 of the National Health Service Act 2006 (persons with whom section 107 arrangements may be made) is amended as follows.
In subsection (1)—
before “make an agreement” insert “, subject to such conditions as may be prescribed,”,
in each of paragraphs (b) and (c), omit “who meets the prescribed conditions”,
for paragraph (f) substitute—, and
after paragraph (f) insert—.
After subsection (1) insert—
After subsection (1A) insert—
Omit subsection (2).
In subsection (3)—
“dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984,
omit the definition of “qualifying body”.
Section 180 of the National Health Service Act 2006 (payments in respect of costs of optical appliances) is amended as follows.
In subsection (3), before paragraph (a) insert—.
After that subsection insert—
In section 128A of the National Health Service Act 2006 (pharmaceutical needs assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
In section 24 of that Act (plans for improving health etc.), at the end of subsection (8)(a) (but before the following “, and”) insert “(other than pharmaceutical services or local pharmaceutical services)”.
In section 24A of that Act (report on consultation), in subsection (2), for “Parts 4 to 7” substitute “Parts 4 to 6”.
In section 242 of that Act (public involvement and consultation), in subsection (1F), after “(1E),” insert— .
In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or local pharmaceutical services”.
Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows.
In subsection (2), in paragraph (c)—
for “must be granted if” substitute “may be granted only if”, and
omit the words from “and may otherwise” to the end.
After that subsection insert—
In subsection (2A)—
for “its needs statement” substitute “the needs statement for the relevant area”, and
for the words from “it is necessary” to the end substituteto grant the application would—
For subsection (2B) substitute—
In subsection (2C), for “(2B)” substitute “(2A)”.
In subsection (4)(c), omit “or (2B)”.
In subsection (6)(g)—
after “grounds on which” insert “or circumstances in which”,
before “may, or must,” insert— , and
at the end insert, .
In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)—
after “an application” insert “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and
omit “(by way of redetermination)”.
In section 136 of that Act (designation of priority neighbourhoods or premises)—
in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
after subsection (3) insert—
In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2—
in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
after sub-paragraph (3) insert—
Omit the following provisions of the National Health Service Act 2006—
section 146 (lists of persons performing local pharmaceutical services) and the preceding cross-heading,
section 149 (supplementary lists), and
section 150 (further provision about supplementary lists).
After section 147 of that Act insert—
For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional inclusion in pharmaceutical lists”.
In section 159 of that Act (national disqualification), in subsection (1)—
omit paragraph (b), and
in paragraph (d), for “section 146” substitute “section 147A”.
In section 276 of that Act (index of defined expressions), omit the entry for “supplementary list”.
In Schedule 17 to that Act (exempt information relating to health services), in paragraph 13(1)(b), for “146” substitute “147A”.
Regulations under section 146 or 149 of that Act having effect immediately before the commencement of subsection (1) of this section are, despite the repeals made by that subsection, to continue to have effect as if they had been made under section 147A of that Act (as inserted by subsection (2) of this section).
Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows.
In subsection (1), after paragraph (b) insert—.
In that subsection, after paragraph (bb) insert—.
In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession in England)”.
After that subsection insert—
After subsection (2ZA) insert—
After subsection (2ZC) insert—
After subsection (2ZD) insert—
After subsection (2ZE) insert—
For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social workers, other care workers etc.”.
In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for “a person's fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in subsection (2A)”.
After that subsection insert—
In subsection (3) of that section, at the end insert “or the social work profession in England (within the meaning given in section 60(2ZA)”.
In section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph (e) insert—.
Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under section 60 of that Act) is amended as follows.
After paragraph 1 (matters generally within the scope of the Orders) insert—
After paragraph 1A insert—
In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-paragraph (1), for paragraph (c) substitute—.
In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph (2) insert—
In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)—
after “represent any profession” insert “or any social care workers in England”, and
after “by any profession” insert “or any social care workers in England”.
In paragraph 10 (interpretation)—
“social care work in England”, “social care workers in England” and “the social work profession in England” have the meaning given by section 60,
in the definition of “regulatory body”—
after “any profession” insert “or any social care workers in England”, and
after “the profession” insert “or the social care workers in England concerned”.
In paragraph 11 (application), after sub-paragraph (2) insert—
The General Social Care Council is abolished.
In section 54 of the Care Standards Act 2000 (the Care Councils)—
in subsection (1), omit paragraph (a) and the “and” following it,
in that subsection, for “conferred on them” substitute “conferred on it”,
omit subsection (2),
in subsection (4), for “Each Council” substitute “The Welsh Council”,
in subsection (6), for “a Council” substitute “the Welsh Council”, and
omit subsection (7).
For the title to that section substitute “The Care Council for Wales”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health Professions Order 2001 (S.I. 2002/254) is amended as follows.
In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant professions”, at the appropriate place insert “social workers in England;”.
In that paragraph, at the appropriate place insert—.
In article 1(1) (citation), for “the Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”.
In Schedule 1, in paragraph 1A (membership), in sub-paragraph (1)(b), after paragraph (i) (but before the “and” following it) insert—.
For the title to the Order substitute “Health and Social Work Professions Order 2001”.
In the following provisions, for “the Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
section 18(e) of the London County Council (General Powers) Act 1920;
section 58(1A)(a) of the Medicines Act 1968;
section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
section 3(11) of the Video Recordings Act 1984;
paragraph (E) in the third column of the entry for the London County Council (General Powers) Act 1920 in Schedule 2 to the Greater London Council (General Powers) Act 1984;
paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local Authorities Act 1991;
paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
section 69(1)(h) of the Data Protection Act 1998;
section 60(2)(c) of the Health Act 1999;
section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
section 126(4)(a) of the National Health Service Act 2006;
section 80(4)(a) of the National Health Service (Wales) Act 2006;
entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
In the definition of “registered psychologist” in each of the following provisions, for “the Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
section 307(1) of the Criminal Procedure (Scotland) Act 1995;
section 207(6) of the Criminal Justice Act 2003;
section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
section 25 of the Gender Recognition Act 2004.
The body corporate known as the Health Professions Council—
is to continue to exist, and
is to change its name to the Health and Care Professions Council.
In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute—
For the title to that article substitute “The Health and Care Professions Council and its Committees”.
In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
In article 3 (the Council and its Committees), in paragraph (5)(b)—
in paragraph (ii), omit “other”,
omit the “and” following paragraph (iv), and
after paragraph (v) insert ,
In that article, after paragraph (5A) insert—
In that article, after paragraph (17) insert—
In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or social work”; and in consequence of that—
for the title to article 13A substitute “Visiting health or social work professionals from relevant European States”, and
in articles 7(4), 9(8) and 37(1)(aa), after “visiting health” insert “or social work”.
In article 10 (renewal of registration and readmission), in paragraph (6) after “visiting health” insert “or social work”.
In article 12 (approved qualifications), in paragraph (1)—
omit the “or” preceding paragraph (c), and
after that paragraph insert ; or
In that article, in paragraph (2)—
omit the “and” preceding paragraph (b), and
after that paragraph insert ; and
After article 13A insert—
In article 19 (post-registration training), in paragraph (2A)(b), after “visiting health” insert “or social work”.
In article 20 (Wales), at the end insert “; but the reference to the Council’s function under article 15(4)(b) does not include a reference to that function so far as relating to social work in England”.
In article 39 (offences), after paragraph (1) insert—
In Schedule 3 (interpretation), in paragraph 1, in the definition of “visiting health professional from a relevant European state”, after “health” in each place it appears insert “or social work”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
In article 37 (appeals against decisions of the Education and Training Committee), in paragraph (5A), at the end of sub-paragraph (a) insert “or registered as a social worker in a register kept by the General Social Care Council, the Care Council for Wales, the Scottish Social Services Council or the Northern Ireland Social Care Council”.
In that article, in paragraph (8), after “paragraph (4)” insert “(other than a hearing on an appeal relating to a social worker in England)”.
In that article, after that paragraph insert—
In article 38 (appeals), after paragraph (1) insert—
In that article, in paragraph (4), after “article” insert “(subject to paragraph (5))”.
In that article, after that paragraph insert—
Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.
Before section 114A insert—
In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after “section” insert “114ZA or”.
Section 114A (approval of courses) is amended as follows.
For subsection (1) substitute—
Omit subsection (3).
In subsection (5), omit “General Social Care Council and the”.
For the title to that section substitute “Approval of courses: Wales”.
The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
After paragraph (5) of that article insert—
In article 14 (the Council's education and training committee), after sub-paragraph (b) insert—.
After article 15 insert—
In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”
In article 17 (information), after paragraph (3) insert—
In article 18 (refusal or withdrawal of approval), after paragraph (1) insert—
In that article—
in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”.
In article 45 (finances of the Council), after paragraph (3) insert—
After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—
“health care” includes—
In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert—
In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical services), after subsection (1B) insert—
In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert—
In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the Notes, after Note (2) insert—
In section 69 of the Data Protection Act 1998 (meaning of “health professional”), at the end of paragraph (h) of subsection (1), insert “, except in so far as the person is registered as a social worker in England (within the meaning of that Order)”.
In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after subsection (3) insert—
In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
In section 80 of the National Health Service (Wales) Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert—
In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after subsection (1) insert—
In subsection (2) of that section, after “take part in” insert “courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,”.
The Secretary of State may make arrangements with the Health and Care Professions Council for the discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose “the relevant period” is the period—
beginning with the day on which this Act is passed, and
ending with the commencement of section 212(1).
The body corporate known as the Council for Healthcare Regulatory Excellence—
is to continue to exist, and
is to change its name to the Professional Standards Authority for Health and Social Care.
In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002 (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)—
for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for Health and Social Care”, and
for “ “the Council”” substitute “ “the Authority””.
For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social Care”.
For the cross-heading preceding that section substitute “The Professional Standards Authority for Health and Social Care”.
For the title of Part 2 of that Act substitute “Health and Social Care Professions etc.”.
In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority), in subsection (2)(a), for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
In subsection (2A) of that section, for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
In section 26A of that Act (powers of Secretary of State etc. to request the Authority for advice), after subsection (1) insert—
After subsection (2) of that section insert—
health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and
In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for “patients” substitute “users of health care, users of social care in England or users of social work services in England”.
In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for “Secretary of State” substitute “Privy Council”.
In subsection (7) of that section—
for “Secretary of State” substitute “Privy Council”, and
in paragraph (a), omit “he or”.
In section 29 of that Act (reference of disciplinary cases to court by the Authority), in subsection (5), after “subsection (4)” insert “(subject to subsection (5A))”.
After subsection (5) of that section insert—
In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.
After subsection (3D) of that section (inserted by section 224(3)) insert—
In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for “patients” substitute “users of health care, users of social care in England, users of social work services in England”.
After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—
In section 25(5) of that Act (meaning of “this group of sections”) for “26” substitute “25A”.
In section 38 of that Act (regulations and orders) after subsection (3) insert—
The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.
In that paragraph, omit sub-paragraphs (5) and (6).
After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert—
In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.
In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.
Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows.
In paragraph 4 (membership and chair)—
in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and
in paragraph (f), for “two executive members” substitute “one executive member”.
In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.
In paragraph 10 (remuneration and allowances)—
in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and
for sub-paragraphs (3) and (4) substitute—
In paragraph 11 (employees)—
in sub-paragraph (1), for “members” substitute “member”, and
in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.
In paragraph 15 (accounts)—
in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”, and
in sub-paragraph (3)—
omit “the Secretary of State and”, and
for “the Secretary of State” substitute “the Privy Council”.
In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—
In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each of its strategic plans published in that year,”.
In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—
After section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert—
After section 25C of the National Health Service Reform and Health Care Professions Act 2002 insert—
After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert—
In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—
After subsection (3) of that section insert—
After subsection (4) of that section insert—
After subsection (12) of that section insert—
In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert—
In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert—
In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
At the end of subsection (4) of that section insert “(other than its accreditation functions)”.
Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and savings relating to the preceding provisions of this Part) have effect.
The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of the preceding provisions of this Part.
The quorum for the exercise of the power under subsection (2) is two.
Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument signed by the Clerk of the Council.
In section 38 of the National Health Service Reform and Health Care Professions Act 2002 (regulations and orders), after subsection (4) insert—
The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect the power to make a further Order in Council under that section amending or revoking provision made by those amendments.
The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).
All property, rights and liabilities to which the OHPA is entitled or subject immediately before the commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of State.
Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as “NICE”).
Schedule 16 (which makes further provision about NICE) has effect.
In exercising its functions NICE must have regard to—
the broad balance between the benefits and costs of the provision of health services or of social care in England,
the degree of need of persons for health services or social care in England, and
the desirability of promoting innovation in the provision of health services or of social care in England.
NICE must exercise its functions effectively, efficiently and economically.
In this Part—
“health or social care body” has the meaning given by section 259(11);
In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”, and
omit the definition of “Primary Care Trust”.
In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert—.
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows. In Part 1 (which contains the general list of Category 1 responders)— In Part 3 (which contains the general list of Category 2 responders)—
In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—
in subsection (5), in paragraph (a)—
after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, the National Health Service Commissioning Board, a clinical commissioning group,”, and
omit “, Primary Care Trust”, and
after that subsection insert—
This paragraph applies where a person is suspended under paragraph 2(3). The Secretary of State must give notice of the decision to the person; and 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 at any time review the suspension. 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—
NICE 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 NICE. NICE 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 NICE.
NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions. But, except as provided by paragraph 11(3), NICE has no power to borrow money. NICE may do any of the following only with the approval of the Secretary of State— The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate. In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
NICE must keep proper accounts and proper records in relation to the accounts. The Secretary of State may, with the approval of the Treasury, give directions to NICE as to— In sub-paragraph (2) a reference to accounts includes NICE’s annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)—
after “agreement with” insert “the National Institute for Health and Care Excellence,”,
in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
The Employment Rights Act 1996 is amended as follows. In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—. In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—.
The National Institute for Health and Care Excellence.
The Health and Social Care Act 2008 is amended as follows. Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading. In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)—
This paragraph applies where a person is suspended under paragraph 2(3). The Secretary of State must give notice of the decision to the person; and 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 at any time review the suspension. 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 Information Centre 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 Information Centre. The Information Centre 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 Centre.
The Information Centre may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions. Except as provided by paragraph 11(3), the Information Centre has no power to borrow money. The Information Centre may do any of the following only with the approval of the Secretary of State— The approval of the Secretary of State may be given for the purposes of sub-paragraph (3) subject to such conditions as the Secretary of State thinks appropriate. In this paragraph “company” has the same meaning as in the Companies Acts (see section 1(1) of the Companies Act 2006).
The Information Centre must keep proper accounts and proper records in relation to the accounts. The Secretary of State may, with the approval of the Treasury, give directions to the Information Centre as to— In sub-paragraph (2) a reference to accounts includes the Information Centre’s annual accounts prepared under paragraph 14 and any interim accounts prepared by virtue of paragraph 15.
The Health and Social Care Information Centre.
The Employment Rights Act 1996 is amended as follows. In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert—. In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—.
The National Health Service Act 2006 is amended as follows. In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—. In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (da) (inserted by Schedule 17) insert—. In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this Act) insert—
In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in subsection (2) after paragraph (da) (inserted by Schedule 17) insert—.
Omit the entry for the Appointments Commission in each of the following— In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of paragraphs 4 and 5).
Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts) is amended as follows. In paragraph (2)— In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub-paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”.
the Welsh Ministers; and
In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—
after “National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and
omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)—
in subsection (1A)—
after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
omit “Primary Care Trust,” (in each place where it occurs),
in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service Commissioning Board,”, and
in subsection (4)—
after “above”, insert “ “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
before “ “NHS trust”” insert “ “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and
omit the words from “and “Primary Care Trust”” to the end.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)—
omit the entry relating to the chairman or any member of a Primary Care Trust,
in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit “Strategic Health Authority, or”, and
at the appropriate place insert— “ Chairman or non-executive member of the National Health Service Commissioning Board. ”
In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)—
at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
omit “a Strategic Health Authority,”, and
omit “, Primary Care Trust”.
In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
in subsection (3), omit paragraph (a),
in that subsection, before paragraph (b) insert—, and
in that subsection, omit paragraph (bb).
Amounts payable to Monitor of the kind mentioned in sub-paragraph (2) are recoverable summarily as a civil debt (but this does not affect any other method of recovery). The amounts are—
In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.
The Information Centre consists of— One of the non-executive members must be appointed as the chair. One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State. The first chief executive is to be appointed by the Secretary of State. The executive members are employees of the Information Centre.
Omit the entry for the Alcohol Education and Research Council in each of the following—
Schedule 2 to the Parliamentary Commissioner Act 1967, and
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
In consequence of the repeal made by section 278(2)—
in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).
This paragraph applies where a person is suspended from office as the chair under paragraph 2(3). The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions. The interim chair— Appointment as interim chair is for a term not exceeding the shorter of— A person who ceases to be the interim chair is eligible for re-appointment.
NICE must prepare annual accounts in respect of each financial year. NICE 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—
This paragraph applies where a person is suspended from office as the chair under paragraph 2(3). The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions. The interim chair— Appointment as interim chair is for a term not exceeding the shorter of— A person who ceases to be the interim chair is eligible for re-appointment.
The Information Centre must prepare annual accounts in respect of each financial year. The Information Centre 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—
Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—
the Medical Act 1983,
the Dentists Act 1984,
the Opticians Act 1989,
the Osteopaths Act 1993, and
the Chiropractors Act 1994.
The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”). NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct. The Comptroller and Auditor General must—
The Secretary of State may, with the approval of the Treasury, direct the Information Centre to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”). The Information Centre must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General within such period as the Secretary of State may direct. The Comptroller and Auditor General must—
In consequence of the repeal made by section 279(2)—
in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit paragraphs 284 to 286,
in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the preceding cross-heading),
in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and
in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading).
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency.
The Scottish Public Services Ombudsman Act 2002 is amended as follows.
In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).
A reference under section 120 must specify— Monitor must give notice of the reference to— The notice must be accompanied by a copy of the reference. In this Schedule, “objector” means—
The group with the function of making a determination on a reference must make the determination before the end of the period of 30 working days following the last day for the making by Monitor of a reply in accordance with paragraph 2. If that group is satisfied that there are good reasons for departing from the normal requirements, it may (on one occasion only) extend that period by not more than 20 working days. The Competition Commission must ensure that an extension under sub-paragraph (2) is notified to—
For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by a group with the function of making a determination on a reference under section 120. A group with that function may administer oaths for the purposes of this Schedule. The Competition Commission must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held. The Competition Commission may by notice require a person— At an oral hearing, the group conducting the hearing may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations. A person comes within this sub-paragraph if the person is— A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6). If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)— Where a person is required under this paragraph to attend at a place more than 10 miles from that person’s place of residence, the Competition Commission must pay the person the necessary expenses of attending.
No person may be compelled to give evidence under paragraph 6, 7 or 8 which the person could not be compelled to give in civil proceedings in the High Court. A notice under paragraph 6, 7 or 8 may be given on the Competition Commission’s behalf by a member of the Commission or its secretary.
The Secretary of State may by order vary any period specified in this Schedule as the period within which something must be done.
NICE consists of— One of the non-executive members must be appointed as the chair. One of the executive members must be appointed as the chief executive; but the appointment may not be made without the approval of the Secretary of State. The executive members are employees of NICE. Regulations may—
In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
The relevant commissioner may direct NICE to prepare statements of standards in relation to the provision of—
NHS services,
public health services, or
social care in England.
In this Part such a statement is referred to as a “quality standard”.
In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard.
NICE must keep a quality standard under review and may revise it as it considers appropriate.
A quality standard (and any revised standard)—
has no effect unless it is endorsed by the relevant commissioner, and
must not be published by NICE unless the relevant commissioner so requires.
The relevant commissioner may require NICE—
to publish the standard (or revised standard) or to disseminate it to persons specified by the relevant commissioner, and
to do so in the manner specified by the relevant commissioner.
NICE must—
establish a procedure for the preparation of quality standards, and
consult such persons as it considers appropriate in establishing that procedure.
Subsection (9) applies in a case where the Secretary of State and NHS England each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters.
In such a case—
the Secretary of State and NHS England may issue a joint direction under subsection (1), and
if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned.
In this section “the relevant commissioner”— and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both the Secretary of State and NHS England.
in relation to a quality standard in relation to the provision of NHS services, means NHS England, and
in relation to a quality standard in relation to the provision of public health services or of social care in England, means the Secretary of State,
In this Part—
“social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may make payments to the Board of such amounts as the Secretary of State considers appropriate towards meeting the expenditure of the Board which is attributable to the performance by it of its functions during the initial period. Payments under sub-paragraph (1) may be made at such times and on such terms and conditions as the Secretary of State considers appropriate.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Health Protection Agency.
Where Monitor proposes to impose a discretionary requirement on a person, Monitor must give notice to that person (a “notice of intent”). A notice of intent must— The notice period must be not less than 28 days beginning with the day after that on which the notice of intent is received. But where Monitor— the notice period is to be such shorter period as Monitor may determine, but not less than 5 days beginning with the day after that on which the notice of intent is received.
Monitor must pay any sums it receives in respect of any of the following into the Consolidated Fund—
a variable monetary penalty and any interest payable on it, or
a non-compliance penalty.
Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor. Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts. In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question).
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)—
Monitor.
omit the entry for the Independent Regulator of NHS Foundation Trusts.
The Health and Social Care Act 2008 is amended as follows.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the “or” immediately preceding it. Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions). In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008.
The application of NICE’s seal must be authenticated by the signature of the chair or of any employee who has been authorised (generally or specifically) for that purpose. A document purporting to be duly executed under NICE’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.
National Institute for Health and Care Excellence.
The National Institute for Health and Care Excellence.
The National Institute for Health and Care Excellence.
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert—.
The National Institute for Health and Care Excellence.
The National Health Service (Scotland) Act 1978 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After the end of the notice period Monitor must decide whether to— Where Monitor decides under sub-paragraph (1) to impose a discretionary requirement on a person Monitor must give notice to that person (a “final notice”). A final notice must— The payment period must be not less than 28 days beginning with the day after that on which the final notice is received. Monitor must not decide under sub-paragraph (1) to impose a variable monetary penalty unless the notice of intent was given before the end of the period of 5 years beginning with the day (or, in the case of a continuing breach, the last day) on which the breach giving rise to the imposition of the discretionary requirement occurred.
In section 30(3) (urgent applications for cancellation of registration of service provider: notice requirements), for paragraph (c) substitute—.
Omit the entry for the Office of the Health Professions Adjudicator in each of the following— In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding “and” in each case. Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked). Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked).
Section 17A (NHS contracts) is amended as follows. In subsection (1), in paragraph (b) for “(q)” substitute “(s)”. In subsection (2)— After subsection (10) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person may appeal to the First-tier Tribunal against a decision of Monitor to impose a discretionary requirement. The grounds for an appeal under this paragraph are— The discretionary requirement is suspended pending determination of the appeal. On an appeal under this paragraph, the Tribunal may—
In section 39(1) (notice requirements in relation to certain matters), for paragraph (c) substitute—.
Section 17C (personal medical or dental services) is amended as follows. In subsection (5)— In subsection (6), for the first definition substitute—. In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Monitor may by notice to a person on whom a discretionary requirement has been imposed—
withdraw the discretionary requirement,
in the case of a variable monetary penalty, reduce the amount of the penalty or extend the payment period, or
in the case of a compliance requirement or a restoration requirement, extend the period specified for taking the steps specified in the requirement.
In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission), for subsection (2) substitute—
In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in paragraph (b) of the definition of “NHS employee”—
in sub-paragraph (ii) omit “a Primary Care Trust or”,
in sub-paragraph (iii)—
after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
omit the words from “and in this paragraph” to the end.
Regulations may confer powers on NICE in relation to the supply by NICE of quality standards to—
devolved authorities;
other persons (whether or not in the United Kingdom).
The regulations may in particular—
confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the purposes of supplying it as mentioned in subsection (1), and
provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so mentioned.
Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
In this section “devolved authority” means—
the Scottish Ministers,
the Welsh Ministers, and
the Department of Health, Social Services and Public Safety in Northern Ireland.
NICE must give advice or guidance to the Secretary of State or NHS England on any quality matter referred to it by the Secretary of State or (as the case may be) NHS England.
“Quality matter”—
in relation to the Secretary of State, means any matter in relation to which the Secretary of State has the power to direct NICE to prepare a quality standard, and
in relation to NHS England, means any matter in relation to which NHS England has the power to direct NICE to prepare a quality standard.
Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of information or making of recommendations about any matter concerning or connected with the provision of—
NHS services,
public health services, or
social care in England.
The regulations may provide that a function conferred under subsection (1)(a)—
is only exercisable on the direction of the Secretary of State or NHS England;
is subject to directions given by the Secretary of State or (as the case may be) NHS England about NICE's exercise of the function.
The regulations may provide that a function conferred under subsection (1)(b) or (c)—
is only exercisable on the direction of the Secretary of State;
is subject to directions given by the Secretary of State about NICE's exercise of the function.
Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE.
The regulations may make provision about—
the persons who may request or require that advice, guidance, information or recommendations be given, provided or (as the case may be) made by NICE,
the publication or other dissemination of the advice, guidance, information or recommendations (whether by NICE, the Secretary of State or NHS England), and
the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations.
Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
The regulations must make provision about—
the establishment by NICE of procedures for the giving of advice or guidance, provision of information or making of recommendations under the regulations, and
consultation by NICE in establishing the procedures.
The regulations may make provision requiring specified health or social care bodies, or health or social care bodies of a specified description, to—
have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE pursuant to the regulations;
comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations.
Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations—
generally in the exercise of functions, or
in the exercise of specified functions or functions of a specified description.
But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to—
the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006;
the exercise by an authority of the functions of any other person by virtue of any provision of that Act.
anything done by an authority in pursuance of arrangements under section 7A of that Act.
In this section—
“the health service” has the same meaning as in the National Health Service Act 2006.
The Adoption and Children Act 2002 is amended as follows.
In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
The Care Standards Act 2000 is amended as follows.
In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service Act 2006 or”.
In the following provisions, omit the entry for the General Social Care Council—
the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
Schedule 2 to the Parliamentary Commissioner Act 1967,
Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
Part 6 of Schedule 1 to the Freedom of Information Act 2000.
The chair and other non-executive members— The Secretary of State may remove a person from office as the chair or other non-executive member on any of the following grounds— The Secretary of State may suspend a person from office as the chair or other 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 (2). A non-executive member may not be appointed for a period of more than four years. A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
NICE may appoint such persons to be employees of NICE as it considers appropriate. Employees of NICE are to be paid such remuneration and allowances as NICE may determine. Employees of NICE are to be appointed on such other terms and conditions as NICE may determine. NICE 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 NICE. Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.
NICE may arrange for the exercise of its functions on its behalf by—
a non-executive member;
an employee (including an executive member);
a committee or sub-committee.
As soon as practicable after the end of each financial year, NICE must prepare an annual report on how it has exercised its functions during the year. NICE must— NICE must provide the Secretary of State with such other reports and information relating to the exercise of NICE’s functions as the Secretary of State may require. In this paragraph and paragraph 14 “financial year” means—
NICE must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. NICE’s property must not be regarded as property of, or property held on behalf of, the Crown.
In section 4 (assessments etc for adoption support services), in subsection (9)—
before paragraph (a) insert—,
in paragraph (a) omit “a Primary Care Trust”, and
in the text following paragraph (b)—
after “notify that” insert “clinical commissioning group,”, and
omit “Primary Care Trust,”.
In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS bodies” omit the words from “all or most” to the end.
In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
before paragraph (d) insert—
in paragraph (d)—
omit “, Primary Care Trust”, and
before “(in Wales,” insert “, clinical commissioning group”.
In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit the words from “all or most” to the end.
In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in entry number 8 in the table in subsection (7)—
in the first column, after “social care workers” insert “in Wales”, and
in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for Wales), in paragraph 4 omit the words from “all or most” to the end.
Regulations under section 237 may make provision about appeals against recommendations made by NICE pursuant to the regulations.
The regulations may, in particular, include provision about—
the types of recommendations in relation to which an appeal may be brought,
the persons who may bring an appeal,
the grounds on which an appeal may be brought, and
the persons by whom an appeal is to be heard.
Regulations may confer functions on NICE in relation to providing, or facilitating the provision of, training in connection with any matter concerning or connected with the provision of—
NHS services,
public health services, or
social care in England.
The regulations may provide that a function conferred under subsection (1)(a)—
is only exercisable on the direction of NHS England;
is subject to directions given by NHS England about NICE's exercise of the function.
The regulations may provide that a function conferred under subsection (1)(b) or (c)—
is only exercisable on the direction of the Secretary of State;
is subject to directions given by the Secretary of State about NICE's exercise of the function.
The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training.
Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the United Kingdom) in relation to any matter concerning or connected with—
the provision of health care,
the protection or improvement of public health, or
the provision of social care.
The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice.
Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis.
In this Part “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
NHS England may direct NICE to exercise any of NHS England’s functions in relation to the preparation of the guidance required to be published by NHS England under 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 (the “commissioning guidance”).
A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period as may be specified in the direction.
If requested to do so, NICE must—
provide NHS England with information or advice on such matters connected to NHS England’s functions in respect of the commissioning guidance as may be specified in the request, and
disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
Regulations may make provision requiring NICE to publish a document explaining the functions of NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
The regulations may, in particular, make provision about—
the information to be provided in the charter,
the timing of preparation of the charter,
review and revision by NICE of the charter, and
the manner in which the charter must or may be published.
NICE may do any of the following—
acquire, produce, manufacture and supply goods,
acquire land by agreement and manage and deal with land,
supply accommodation to any person,
supply services to any person and provide new services,
provide instruction for any person, and
develop and exploit ideas and exploit intellectual property.
But NICE may exercise a power under subsection (1) only—
if doing so is connected with the provision of health care or social care, and
to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any function it has under or by virtue of any other provision of this Part.
NICE may—
charge for anything it does in the exercise of a power under subsection (1), and
calculate any such charge on the basis that it considers to be the appropriate commercial basis.
NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required or authorised to provide by virtue of this Part.
The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to NICE.
The Secretary of State may give a direction to NICE if the Secretary of State considers that—
NICE—
is failing or has failed to discharge any of its functions, or
is failing or has failed properly to discharge any of its functions, and
the failure is significant.
A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
If NICE fails to comply with a direction under subsection (1), the Secretary of State may—
discharge the functions to which it relates, or
make arrangements for any other person to discharge them on the Secretary of State's behalf.
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.
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 there were included in the authorities referred to in that section a reference to NICE.
In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.
In this Part—
The Special Health Authority known as the National Institute for Health and Clinical Excellence is abolished.
Schedule 17 (which contains consequential provision) has effect.
A statement of standards prepared and published by the Institute before commencement is to be treated on and after commencement as if it were a quality standard—
prepared and published by NICE in accordance with section 234,
endorsed under subsection (5) of that section, and
in respect of which the transitional commissioner is the relevant commissioner for the purposes of that section.
Subsections (4) to (6) apply to a case where before commencement—
the Secretary of State has referred a matter to the Institute for the purpose of preparing and publishing a statement of standards, but
the Institute has not published the statement.
The referral by the Secretary of State to the Institute of the matter is to be treated on and after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be treated as the relevant commissioner for the purposes of that section.
Anything done by the Institute before commencement in relation to the matter is to be treated on and after commencement as having been done by NICE in pursuance of the direction.
Consultation with any person undertaken by the Institute before commencement in relation to the matter is to be treated on and after commencement as if it were consultation by NICE under section 234(3) in relation to the preparation of the quality standard.
A procedure established by the Institute before commencement for the preparation of statements of standards is to be treated on and after commencement as if it were a procedure established by NICE in accordance with section 234(7) for the preparation of quality standards.
For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of State, after consulting NHS England, may direct that in relation to a particular statement of standards or matter the transitional commissioner is—
NHS England, or
both the Secretary of State and NHS England.
In this section—
“the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
The Secretary of State or NHS England may prepare and publish an information standard.
For the purposes of this Part “an information standard” is a standard in relation to the processing of information and includes, among other things, a standard relating to information technology or IT services used, or intended to be used, in connection with the processing of information (see section 250A).
The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision in, or in relation to, England of health care or of adult social care ....
An information standard must specify to whom it applies.
NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services.
An information standard may apply to one or more persons falling within the following paragraphs—
the Secretary of State;
NHS England;
a public body which exercises functions in connection with the provision in, or in relation to, England of health care or of adult social care ...;
any person, other than a public body, who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act).
a relevant IT provider.
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The Secretary of State must—
have regard to any information standard published by NHS England that applies to the Secretary of State, and
comply with any information standard published by the Secretary of State that applies to the Secretary of State.
any public body which exercises functions in connection with the provision of health services or of adult social care in England;
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
In this Chapter— “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000; “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition; “information technology” includes— computers, other devices whose uses include the processing of information by electronic means (“IT devices”), parts, accessories and other equipment made or adapted for use in connection with computers or IT devices, software and code made or adapted for use in connection with computers or IT devices, and networks and other infrastructure (whether physical or virtual) used in connection with other information technology; “IT service” means an information technology service, including any service (whether physical or virtual) which consists of, or is provided in connection with, the development, making available, operation or maintenance of information technology; ... “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006); “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) ... of that Act); “public body” means a body or other person whose functions— are of a public nature, or include functions of that nature, but in the latter case, the body or person is a public body to the extent only of those functions. “relevant IT provider” means a person involved in marketing, supplying, providing or otherwise making available— information technology, an IT service, or a service which consists of processing information using information technology, whether for payment or free of charge, but only so far as the technology or service is used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.
“local authority” means—
In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)—
omit paragraph (a), and
omit paragraph (b).
In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
after paragraph (e) insert—,
omit paragraph (f), and
omit paragraph (g).
“the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of “National Health Service body”—
after paragraph (b) insert—, and
omit paragraph (c).
Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows. In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”. In subsection (3) after “provide” insert “or arrange for the provision of”. In subsection (5)—
The chief executive and the other executive members of Monitor are to be appointed by the non-executive members. A person may not be appointed as chief executive or as another executive member without the consent of the Secretary of State. The non-executive members may not appoint more than five executive members without the consent of the Secretary of State. The chief executive and the other executive members are to be employees of Monitor.
Where Monitor is satisfied that a person who has given a section 77 undertaking has supplied Monitor with inaccurate, misleading or incorrect information in relation to the undertaking—
Monitor may treat the person as having failed to comply with the undertaking, and
if Monitor decides so to treat the person, Monitor must by notice revoke any certificate of compliance given to that person.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
The Health and Social Care Information Centre.
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert—.
The National Health Service (Wales) Act 2006 is amended as follows. In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—.
The Health and Social Care Information Centre.
Any other person to whom an information standard published under this section applies must comply with the information standard, except in so far as the requirement to comply is waived (see subsection (6B)).
Regulations may confer on a person who publishes an information standard the power to waive a person’s requirement to comply with the information standard (in whole or in part and generally or for a specific period).
The regulations may include provision—
limiting the circumstances in which waivers may be granted;
setting out the procedure to be followed in connection with waivers;
requiring an information standard to include specified information about waivers.
For enforcement of information standards against persons other than public bodies, see section 277E.
An information standard relating to information technology or IT services may, among other things, make provision about—
the design, quality, capabilities or other characteristics of such technology or services;
contracts or other arrangements under which such technology or services are marketed, supplied, provided or otherwise made available.
An information standard may include technical provision about information technology or IT services, including provision about—
functionality;
connectivity;
interoperability;
portability;
storage of, and access to, information;
security of information.
An information standard may make provision by reference to open standards or proprietary standards.
Regulations—
must make provision about the procedure to be followed in connection with the preparation and publication of information standards under section 250;
may require an information standard published under section 250 to be reviewed periodically in accordance with the regulations.
Before laying a draft of regulations under subsection (1) before either House of Parliament, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The power under section 250(1) may be exercised by—
adopting an information standard prepared or published by another person, including as it has effect from time to time, or
making provision by reference to an international agreement or another document, including as it has effect from time to time.
The Secretary of State may require a person to provide the Secretary of State with documents, records or other information for the purposes of monitoring the person’s compliance with information standards published under section 250.
A requirement under subsection (1) may specify—
the form and manner in which information is to be provided, and
when information is to be provided.
A requirement under subsection (1) must be in writing.
For enforcement of requirements under subsection (1) against persons other than public bodies, see section 277E.
If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may give the provider a written notice which—
identifies the standard in question,
sets out the Secretary of State’s grounds for suspecting that the provider is not complying with the standard,
asks the provider to comply with the standard within a period specified in the notice,
asks the provider, within a period specified in the notice, to provide evidence to the Secretary of State’s satisfaction that the provider is complying with the standard, and
if the Secretary of State considers it appropriate, sets out the steps that the Secretary of State considers the provider must take, within a period specified in the notice, in order to comply with the standard.
A period specified for the purposes of subsection (1)(c), (d) or (e) must be a period of at least 28 days beginning with the day on which the notice is given.
The Secretary of State may, by giving the relevant IT provider a further written notice, vary or revoke a notice given under subsection (1).
If the Secretary of State has reasonable grounds to suspect that a relevant IT provider is not complying with an information standard which applies to the provider, the Secretary of State may publish a statement to that effect.
The statement may include the text of a notice given to the provider under section 251ZB.
Before publishing a statement under this section, the Secretary of State must give the relevant IT provider—
a copy of the terms of the proposed statement, and
an opportunity to make representations about the decision to publish a statement and the terms of the statement.
If, after considering any representations, the Secretary of State decides to publish the statement, the Secretary of State must inform the relevant IT provider before publishing it.
This section does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by this section).
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
The Secretary of State may—
direct a public body to exercise some or all of the functions listed in subsection (3), and
give the public body directions about the exercise of those functions, including directions about the processing of information that the body obtains in exercising those functions.
The Secretary of State may make arrangements for a person prescribed by regulations under this subsection to exercise some or all of the functions listed in subsection (3).
Those functions are—
the Secretary of State’s functions under section 251ZA, so far as they relate to relevant IT providers, and
the Secretary of State’s functions under section 251ZB.
Arrangements under subsection (2) may—
provide for the Secretary of State to make payments to the person, and
make provision as to the circumstances in which such payments are to be repaid to the Secretary of State.
Section 304(9) applies in relation to the power to make arrangements under subsection (2) as it applies to a power of the Secretary of State to give directions under this Act.
Regulations may make provision for the establishment and operation of a scheme for the accreditation of information technology and IT services so far as used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.
The regulations may provide for the scheme to be established and operated by a person specified in the regulations (“the operator”).
The regulations may, among other things, confer power on the operator—
to establish the procedure for accreditation under the scheme,
to set the criteria for accreditation under the scheme (“the accreditation criteria”),
to keep an accreditation under the scheme under review, and
to charge a reasonable fee in respect of an application for accreditation.
The regulations may, among other things, make provision requiring the operator—
to set some or all of the accreditation criteria by reference to information standards,
to publish details of the scheme, including the accreditation criteria,
to provide for the review of a decision to refuse an application for accreditation, and
to provide advice to applicants for accreditation with a view to ensuring that the accreditation criteria are met.
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There is to be a body corporate known as the Health and Social Care Information Centre (referred to in this Chapter as “the Information Centre”).
Schedule 18 (which makes further provision about the Information Centre) has effect.
NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021—
the information standards published by the Secretary of State or NHS England under section 250,
such guidance issued by the Secretary of State as the Secretary of State may require,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England , and
the need to respect and promote the privacy of recipients of health services and of adult social care in England, ...
the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England,
the need to balance the needs mentioned in this subsection against one another, so far as they compete.
NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021.
seek to minimise the burdens it imposes on others, and
exercise its functions effectively, efficiently and economically.
In this Chapter— “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000; “health services” means services which must or may be provided as part of the health service in England. “relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under— this Chapter and Chapter 3; regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013; section 2 of the Access to Medical Treatments (Innovation) Act 2016; sections 7A and 19 of the Medicines and Medical Devices Act 2021.
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The Secretary of State ... may direct NHS England to establish and operate a system for the collection or analysis of information of a description specified in the direction.
A direction may be given under subsection (1) by the Secretary of State only if—
the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or
the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given.
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Before giving a direction under subsection (1) the Secretary of State ... must consult NHS England.
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Any person (including a devolved authority) may request NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request.
A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care.
NHS England must comply with a mandatory request unless NHS England considers that the request relates to information of a description prescribed in regulations.
For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
it is made by a principal body, and
the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England.
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Subsection (8) applies where NHS England has discretion under this section as to whether to comply with—
a mandatory request, or
other request under subsection (1).
In deciding whether to comply with the request, NHS England—
must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by NHS England of any of its functions, and
may take into account the extent to which the principal body or other person making the request has had regard to—
the code of practice prepared and published by NHS England under section 263, and
advice or guidance given by NHS England under section 265.
In this section “principal body” means—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Care Quality Commission,
the National Institute for Health and Care Excellence, and
such other persons as may be prescribed in regulations.
In this Chapter “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
A request under section 255 is a confidential collection request if it is a request for NHS England to establish and operate a system for the collection of information which is in a form which—
identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or
enables the identity of such an individual to be ascertained.
A person may make a confidential collection request under section 255 only if the request—
is a mandatory request,
relates to information which the person making the request (“R”) may require to be disclosed to R or to NHS England by the person holding it, or
relates to information which may otherwise be lawfully disclosed to NHS England or to R by the person holding it.
NHS England must publish procedures for—
the making and consideration of requests under section 255, and
the reconsideration by NHS England of a decision not to comply with such a request.
The procedure mentioned in subsection (1)(b) must provide for the person who made the request to have an opportunity to make representations to NHS England within a reasonable period for the purposes of the reconsideration.
NHS England may charge a person a reasonable fee in respect of the cost of complying with a request made by that person under section 255.
Before making a request under section 255 a person must consult NHS England.
NHS England must publish details of—
any mandatory request, and
any other request under section 255 with which NHS England is obliged, or decides, to comply.
Before establishing an information system pursuant to a direction under section 254 or a request under section 255 NHS England must consult—
the person who gave the direction or made the request,
representatives of other persons who NHS England considers are likely to use the information to which the direction or request relates,
representatives of persons from whom any information will be collected, and
such other persons as NHS England considers appropriate.
If NHS England reasonably believes that there is no longer a need to retain information which it has obtained by complying with a direction under section 254 or a request under section 255, NHS England may destroy the information.
NHS England may—
require any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purposes of any function it exercises by virtue of this Chapter, and
request any other person to provide it with such information.
Those persons are—
a health or social care body;
any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care.
But NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c).
In such a case, NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purpose of complying with the request.
A requirement under subsection (1)(a) must be complied with by providing the information to NHS England in such form and manner, and within such period, as NHS England may specify.
If NHS England considers it appropriate to do so, NHS England may make a payment to any person who has provided information to NHS England pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so.
If NHS England considers it appropriate to do so, NHS England may make a payment to any person mentioned in subsection (2)(b) who has provided information to NHS England pursuant to a request made under subsection (4) in respect of the costs to that person of doing so.
NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section.
In imposing requirements under this section NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2).
The provision of information under this section—
does not breach any obligation of confidence owed by the person providing it, but
is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act).
In this Chapter “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England.
NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, NHS England must not publish it.
Information falls within this subsection if—
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published,
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained,
NHS England considers that—
the information fails to meet the information standards published under section 250 (so far as they are applicable), and
it would not be in the public interest to publish the information, or
the information is of a description specified in a direction given to NHS England by the Secretary of State ....
A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction.
Where NHS England publishes information which it obtains by complying with ... a mandatory request under section 255, NHS England—
must comply with the requirements (if any) specified in the ... mandatory request as to the form, manner and timing of publication of the information, and
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
Where NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, NHS England—
may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.
In considering the appropriate form, manner and timing of publication of information under this section, NHS England must have regard to—
the need for the information to be easily accessible,
the persons who NHS England considers likely to use the information, and
the uses to which NHS England considers the information is likely to be put.
In this Chapter “relevant person” means—
any person who provides health care or adult social care, or
any body corporate not falling within paragraph (a).
NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information—
which it obtains by complying with a direction under section 254 or a request under section 255, and
which falls within subsection (2).
Information falls within this subsection if—
the information is required to be published under section 260;
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
the relevant person has consented to the dissemination, or
NHS England, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated;
NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information.
But NHS England may do so only if it considers that disseminating the information would be for purposes connected with—
the provision of health care or adult social care, or
the promotion of health.
A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction.
NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information.
NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
the information has previously been lawfully disclosed to the public,
the disclosure is made in accordance with any court order,
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
the disclosure is made for the purpose of facilitating the carrying out of relevant clinical trials (whether or not in the United Kingdom) by enabling potential participants in those trials to be identified and contacted,
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act.
In subsection (5)(da) “relevant clinical trials” means clinical trials in connection with the research and development of orphan medicinal products for the diagnosis, prevention or treatment of cancers that in the opinion of NHS England are rare cancers; and for this purpose—
For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State.
A power conferred by this section to process information does not authorise the processing of information which would contravene the data protection legislation (but the power is to be taken into account in determining whether the processing would contravene that legislation).
In subsection (6A) “the data protection legislation” and “processing” have the same meanings as in the Data Protection Act 2018 (see section 3 of that Act).
For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person.
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the information is required to be published under section 260;
the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and—
the relevant person has consented to the dissemination, or
the person giving the direction, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination;
the Centre is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and the person giving the direction considers it would be in the public interest for the information to be disseminated.
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the power conferred by section 261(4) in relation to information which it collects pursuant to the direction, or
any other power it has under or by virtue of any other provision of this Act (other than section 261(1) or (5)) or any other Act to disseminate information which it obtains by complying with the direction.
A request under section 255 may request NHS England to exercise—
the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the request, or
any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
A ... request under section 255 may request, NHS England not to exercise the power conferred by section 261(1) or (4) in relation to information which it obtains by complying with the ... request.
Section 255(3) does not apply in relation to anything included in a mandatory request by virtue of subsection (4) or (5).
A request made to NHS England in accordance with this section to disseminate information may include a request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.
NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England.
For the purposes of this section “confidential information” is—
information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or
any other information in respect of which the person who holds it owes an obligation of confidence.
Before publishing the code, NHS England must consult—
the Secretary of State, and
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such other persons as NHS England considers appropriate.
NHS England must not publish the code without the approval of the Secretary of State.
the Secretary of State, and
the Board, so far as the code relates to information concerning, or connected with, the provision of NHS services.
NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code).
A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England.
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code.
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In exercising any function ... of publishing or otherwise disseminating information obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
NHS England must maintain and publish a register containing descriptions of the information which has been obtained by virtue of this Chapter.
NHS England—
may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and
must, if requested to do so by the Secretary of State ..., give advice or guidance on any such matter as may be specified in the request to—
the Secretary of State ...;
such other persons as may be specified in the request.
Those persons are—
the Secretary of State,
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any person who makes, or is proposing to make, a request under section 255,
any health or social care body, and
any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care.
The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised.
For the purposes of subsection (3) a review period is—
the period of 3 years beginning with the day on which this section comes into force, and
each subsequent period of 3 years.
A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England.
A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section.
NHS England must from time to time—
assess the extent to which information it collects pursuant to a direction under section 254 or a request under 255 meets the information standards published under section 250 (so far as they are applicable), and
publish a record of the results of the assessment.
Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”).
The regulations may provide that the accreditation scheme is to be established and operated by NHS England or such other person as the Secretary of State may specify in the regulations (the “operator”).
The regulations may, in particular, confer power on the operator—
to establish the procedure for accrediting information service providers under the scheme,
to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”),
to keep an accreditation under the scheme under review, and
to charge a reasonable fee in respect of an application for accreditation.
The regulations may make provision requiring the operator—
to publish details of the scheme, including, in particular, the accreditation criteria,
to provide for the review of a decision to refuse an application for accreditation, and
to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria.
In this section “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England.
Regulations may make provision conferring functions on NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England.
The regulations may, in particular, make provision about—
the persons who may propose a quality indicator for inclusion in the database,
the giving of advice and guidance by NHS England to such persons in relation to such a proposal,
the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or NHS England may direct, and
the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators.
In this section a “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured.
Regulations may make provision conferring functions on NHS England in connection with the verification of the identity of general medical practitioners for purposes connected with the health service in England.
In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register kept by the General Medical Council.
NHS England may do any of the following—
acquire, produce, manufacture and supply goods,
acquire land by agreement and manage and deal with land,
supply accommodation to any person,
supply services to any person and provide new services,
provide instruction for any person, and
develop and exploit ideas and exploit intellectual property.
But NHS England may exercise a power under subsection (1) only—
if doing so involves, or is connected with, the collection, analysis, publication or other dissemination of information, and
to the extent that its exercise does not to any significant extent interfere with the performance by NHS England of any function under or by virtue of any other provision of this or any other Act.
NHS England may—
charge for anything it does in the exercise of a power under subsection (1), and
calculate any such charge on the basis that it considers to be the appropriate commercial basis.
Nothing in this section is to be read as limiting any power that NHS England has apart from this section to do the things listed in subsection (1).
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The Information Centre may arrange with any person or body to provide, or assist in providing, any service which the Centre is required or authorised to provide by virtue of this Chapter.
The power under this section may be exercised on such terms as may be agreed, including terms as to the making of payments by or to the Information Centre.
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The Secretary of State may give a direction to the Information Centre if the Secretary of State considers that—
the Centre—
is failing or has failed to discharge any of its functions, or
is failing or has failed properly to discharge any of its functions, and
the failure is significant.
A direction under subsection (1) may direct the Information Centre to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
If the Information Centre fails to comply with a direction under subsection (1), the Secretary of State may—
discharge the functions to which it relates, or
make arrangements for any other person to discharge them on the Secretary of State’s behalf.
Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish reasons for doing so.
For the purposes of this section, a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred.
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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 there were included in the authorities referred to in that section a reference to the Information Centre.
In its application to the Information Centre as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.
Regulations may make provision conferring powers on the Secretary of State to give directions—
requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified;
requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified;
requiring NHS England to exercise such of the information functions of any health or social care body as may be specified;
requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified.
A function required to be exercised by a direction given by the Secretary of State ... by virtue of subsection (1) is subject to directions given by the Secretary of State ... about the exercise of the function.
Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified.
A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of NHS England only if the function relates to information which is of a description prescribed in the regulations and—
in respect of which the Secretary of State may give a direction under section 254, or
which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255.
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A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function.
A power conferred under subsection (1)(a) or (1A) must provide that a direction must include provision requiring the body in question to provide NHS England with the information it needs to comply with the duty under section 264 (duty to publish information register).
A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given.
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A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State ... from exercising the function in respect of which the direction is given.
In this section—
In this Chapter—
the Scottish Ministers,
The Access to Health Records Act 1990 is amended as follows.
The Health Service Commissioners Act 1993 is amended as follows.
Where Monitor is satisfied that a person who has given an enforcement undertaking has supplied Monitor with inaccurate, misleading or incomplete information in relation to the undertaking—
Monitor may treat the person as having failed to comply with the undertaking, and
if Monitor decides so to treat the person, Monitor must by notice revoke any compliance certificate given to that person.
In section 4(1) of the Autism Act 2009 (interpretation), in the definition of “NHS body”, omit paragraph (c).
In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service, omit the entry for an NHS trust.
In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
in paragraph (a)—
for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
omit “Trust or”, and
in paragraph (aa)—
for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”, and
omit “Trust, Authority or”.
In section 2 (health service bodies subject to investigation), in subsection (1)—
omit paragraph (a),
omit paragraph (da), and
after paragraph (db) insert—
In section 11 (interpretation)—
in the definition of “health service body”, in paragraph (a)—
omit “Strategic Health Authority,”,
for “, Local” substitute “or Local”, and
omit “or Primary Care Trust”,
omit the definition of “Primary Care Trust”, and
omit the definition of “Strategic Health Authority”.
In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
Section 14 (reports etc. by the Commissioner) is amended as follows. In subsection (1)— In subsection (2A)— In subsection (2C)— Omit subsection (2E)(e). In subsection (2G)—
The Secretary of State must publish guidance for NHS England about the exercise of—
its relevant data functions, and
its other functions in connection with its relevant data functions.
Before publishing guidance under this section the Secretary of State must consult NHS England and any other persons that the Secretary of State considers appropriate in relation to the guidance.
NHS England must have regard to guidance published under this section.
The Special Health Authority known as the Health and Social Care Information Centre is abolished.
Schedule 19 (which contains consequential provision) has effect.
The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section.
“Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—
relates to an individual, and
forms part of a set of similar identifiers that is of general application.
Subsection (4) applies if—
a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and
the individual is one to whom a consistent identifier of the description specified under subsection (1) relates.
If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)).
Subsection (4) applies only so far as the relevant person considers that the inclusion is—
likely to facilitate the provision to the individual of health services or adult social care in England, and
in the individual's best interests.
The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply—
the relevant person does not know the consistent identifier and is not reasonably able to learn it;
the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information;
the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4).
This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
any provision of the data protection legislation, or
a common law duty of care or confidence.
This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section).
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”).
The relevant person must ensure that the information is disclosed to— but this is subject to subsections (3) to (6).
persons working for the relevant person, and
any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual,
Subsection (2) applies only so far as the relevant person considers that the disclosure is—
likely to facilitate the provision to the individual of health services or adult social care in England, and
in the individual's best interests.
The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply—
the individual objects, or would be likely to object, to the disclosure of the information;
the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider;
for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2).
This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with—
any provision of the data protection legislation, or
a common law duty of care or confidence.
This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section).
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
This section applies for the purposes of sections 251A and 251B and this section.
“Relevant health or adult social care commissioner or provider” means— but this is subject to subsection (3).
any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and
any person (other than a public body) so far as the person provides such services or care—
pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and
otherwise than as a member or officer of a body or an employee of a person,
The Secretary of State may by regulations provide for a person to be excluded from the definition of “relevant health or adult social care commissioner or provider”, whether generally or in particular cases.
Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution.
A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means).
“Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care.
“Health services” means services which must or may be provided as part of the health service in England; and for that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act).
“Adult social care” and “public body” have the same meaning as in section 250; and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section.
The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to—
the person on whom the requirement is imposed,
their activities in connection with the provision of adult social care in England, or
any person to whom they have provided —
adult social care in England, or
adult social care, outside England, in pursuance of arrangements made by an English local authority.
The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England.
A requirement under subsection (1) may specify—
the form and manner in which information is to be provided, and
when information is to be provided.
A requirement under subsection (1) must be in writing.
The provision of information under this section—
does not breach any obligation of confidence owed by the person providing it, but
is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment).
For enforcement of requirements under subsection (1), see section 277E.
In this section—
Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England.
Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1)) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates.
Subsections (1) and (2) do not restrict the disclosure of information where—
the person to whom the information relates has consented to the disclosure,
the information has previously been lawfully disclosed to the public,
the disclosure is in accordance with any court order,
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act,
the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom).
In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates.
The Secretary of State may direct NHS England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).
The Secretary of State may direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under section 277A (and where a direction is given, section 277B applies accordingly).
The Secretary of State may give directions to a Special Health Authority about the exercise of any functions that it is directed to exercise under subsection (2) (including directions as to the processing of information that the Authority obtains in exercising those functions).
For power to give directions to NHS England as to the exercise of functions, see section 13ZC of the National Health Service Act 2006.
The Secretary of State may make arrangements for any person prescribed by regulations under this subsection to exercise the functions of the Secretary of State under section 277A (and where arrangements are made, section 277B applies accordingly).
Arrangements under subsection (1) may—
provide for the Secretary of State to make payments to the person;
make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
Section 304(9) (differential provision) applies in relation to the power to make arrangements under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.
Regulations may make provision conferring on the Secretary of State the power to impose a financial penalty on a person, other than a public body, who without reasonable excuse—
fails to comply with an information standard (unless the requirement for the person to comply has been waived by virtue of regulations under section 250(6B));
fails to comply with a requirement to provide information imposed under section 251ZA(1), 251D(1)(b), 259(1)(a) or (aa) or 277A(1);
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.
The regulations 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 the First-tier Tribunal in accordance with the regulations;
as to the powers of the Tribunal on such an appeal.
The provision that may be made by the regulations 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;
for the recovery of financial penalties in the county court.
In this section “public body” has the meaning given by section 250(7).
The Secretary of State may—
direct a Special Health Authority performing functions only or mainly in respect of England to exercise the functions of the Secretary of State under regulations made under section 277E;
give the Special Health Authority directions about the exercise of those functions (including directions as to the processing of information that the body obtains in exercising those functions).
The Alcohol Education and Research Council is abolished.
The Licensing (Alcohol Education and Research) Act 1981 is repealed.
Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.
The Appointments Commission is abolished.
Part 5 of the Health Act 2006 (which established the Commission) is repealed.
Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.
The National Information Governance Board for Health and Social Care is abolished.
Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
After section 20 of the Health and Social Care Act 2008 insert—
In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute—.
In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for “the National Information Governance Board for Health and Social Care” substitute “the Care Quality Commission”; and in consequence of that—
for the title to that section substitute “Consultation with the Care Quality Commission”, and
in section 271(3)(g) of that Act—
for “sections” substitute “section”, and
omit “and 252 (consultation with National Information Governance Board)”.
The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31 March 2015.
The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008.
Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.
The National Patient Safety Agency is abolished.
The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.
In section 13 of the NHS Redress Act 2006 (scheme authority's duties of co-operation), omit subsection (2).
The NHS Institute for Innovation and Improvement is abolished.
The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I. 2005/1446) is revoked.
Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees).
In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13.
The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section.
Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows.
For subsection (2) substitute—
In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such relevant body or bodies as may be determined in accordance with regulations”.
In subsection (6)—
after “under subsection (4)” insert “to a relevant body”, and
for “the Primary Care Trust” (in each place where it occurs) substitute “the body”.
In subsection (7)—
for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection (4)”, and
for “any medical practitioner or midwife residing or practising within its area” substitute “such descriptions of medical practitioners or midwives as may be prescribed”.
In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to whom the failure relates”.
In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”.
After subsection (10) insert—
Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.
Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows.
In subsection (1) —
for “the Secretary of State” substitute “any of the following persons”, and
at the end insert—
In subsection (2) —
for “the Secretary of State” substitute “the person to whom the information is provided”, and
for “his functions” substitute “functions exercisable by the person”.
After subsection (4) insert—
Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows.
In subsection (1) —
for “the Welsh Ministers” substitute “any of the following persons”, and
at the end insert—
In subsection (2) —
for “the Welsh Ministers” substitute “the person to whom the information is provided”, and
for “their functions” substitute “functions exercisable by the person”.
Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows.
For subsection (4) substitute—
After subsection (5) insert—
After subsection (6) insert—
NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions.
In particular NHS England must—
give the Commission any relevant information NHS England has about the provision of health care services which NHS England or the Commission considers would assist the Commission in the exercise of its functions,
make arrangements with the Commission to ensure that—
a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form,
such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and
seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (2)(a) “relevant information” means information held by NHS England in connection with—
its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or
its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).
In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows.
For subsection (1) substitute—
For subsection (2) substitute—
In subsection (3)—
for “Independent Regulator” substitute “Monitor”, and
for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act 2012”.
After that subsection insert—
In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions (including any functions that consist of exercising the functions of other persons).
The relevant bodies are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the National Institute for Health and Care Excellence,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Health Authorities which have functions that are exercisable in relation to England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the exercise by Monitor or by the Commission of its function of regulating that activity;
the exercise by the relevant body of any function in so far as it involves carrying on that activity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
authorising the carrying on of the activity, imposing restrictions on the carrying on of the activity, and exercising functions in relation to such authorisations or restrictions;
enforcing the performance of an obligation imposed (whether or not by provision made by or under an enactment) with respect to the carrying on of the activity;
issuing guidance on the carrying on of the activity, the authorisation of the activity, restrictions on the activity, or the performance of obligation imposed with respect to the carrying on of the activity.
For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State).
References in this section and section 291 to functions are references to functions so far as exercisable in relation to England.
If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body.
The relevant co-operation duties are—
the duty under section 288 (co-operation by NHS England with the Care Quality Commission),
the duty under section 290(2),
the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with NHS England),
any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their respective functions.
The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate.
Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that—
the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and
the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental).
The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so.
The power to make an order under subsection (5)—
may be exercised so as to specify different functions in relation to each body, but
may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal.
In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration.
An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.
But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect.
In this section, “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006.
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1) after “may” insert “, with the approval of the Secretary of State,”, and
after subsection (1) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and that the failure is significant.
After subsection (2) of that section insert—
After subsection (3) of that section insert—
In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.
After that subsection insert—
NHS England may make arrangements with a Northern Ireland Minister for NHS England to commission services for the purposes of the Northern Ireland health service.
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
In this section—
NHS England may make arrangements with the Scottish Ministers or a Scottish health body for NHS England to commission services for the purposes of the Scottish health service.
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
In this section—
Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect.
NHS England may make arrangements with a devolved authority for NHS England—
to exercise on behalf of the devolved authority any function of that authority that corresponds to a function of NHS England that is conferred by or under Chapter 1 of Part 3 of the Care Act 2014;
to provide services or facilities in so far as the devolved authority requires them in connection with the exercise of such a function.
Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements.
In this section—
NHS England or an integrated care board may provide advice or assistance to any public authority in the Isle of Man or Channel Islands.
Advice or assistance under subsection (1) may be provided on such terms, including terms as to payment, as NHS England or (as the case may be) the integrated care board considers appropriate.
Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as follows.
In section 64C (treatment of adult community patients), after subsection (4) insert—
In section 64E (treatment of child community patients), in subsection (7)—
for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
at the end insert; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as if—
After section 64F insert—
In section 64H (certificates: supplementary provision)—
in subsection (2), at the end insert “; and the regulations may make different provision for the different descriptions of Part 4A certificate”, and
in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert “that falls within section 64C(4) below”.
In section 62A of that Act (treatment on recall of community patient or revocation of order), in subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
After that subsection insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may make a property transfer scheme or a staff transfer scheme in connection with—
the establishment or abolition of a body by this Act, or
the modification of the functions of a body or other person by or under this Act.
A property transfer scheme is a scheme for the transfer from a body or other person mentioned in the first column of the Table in Schedule 22 of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to a body or other person mentioned in the corresponding entry in the second column.
A staff transfer scheme is a scheme for the transfer from a body or other person mentioned in the first column of the Table in Schedule 23 of any rights or liabilities under or in connection with a contract of employment to a body or other person mentioned in the corresponding entry in the second column.
The Secretary of State may direct the Board or a qualifying company to exercise the functions of the Secretary of State in relation to the making of a property transfer scheme or a staff transfer scheme in connection with the abolition of—
one or more Primary Care Trusts specified in the direction, or
one or more Strategic Health Authorities so specified.
Where the Secretary of State gives a direction under subsection (4), the Secretary of State may give directions to the Board or (as the case may be) the company about its exercise of the functions.
For the purposes of this section and section 301—
an individual who holds employment in the civil service 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 are to be regarded as constituting the terms of the contract of employment.
In this section and sections 301 and 302 references to the transfer of property include references to the grant of a lease.
In this section and Schedules 22 and 23, “qualifying company” means—
a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or the Board, or
a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.
In section 301 and Schedules 22 and 23—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The things that may be transferred under a property transfer scheme or a staff 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 but only where the transfer is to a person mentioned in subsection (2).
Those persons are—
the National Health Service Commissioning Board;
a clinical commissioning group;
a local authority;
the Care Quality Commission;
Monitor;
the National Institute for Health and Care Excellence;
the Health and Social Care Information Centre;
the Health and Care Professions Council;
a public authority other than a Minister of the Crown.
A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—
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.
A property transfer scheme may make provision for the shared ownership or use of property.
A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
A property transfer scheme or a staff transfer scheme may provide—
for the scheme to be modified by agreement after it comes into effect, and
for any such modifications to have effect from the date when the original scheme comes into effect.
Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure that all the body’s liabilities (other than criminal liabilities) are dealt with.
In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company.
The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following—
a Minister of the Crown;
NHS England;
an integrated care board;
an NHS trust;
an NHS foundation trust;
a qualifying company.
The things that may be transferred under a scheme under this section 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, except where transfer is to a Minister of the Crown.
A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular—
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.
A transfer scheme under this section may make provision for the shared ownership or use of property.
A transfer scheme under this section may provide—
for the scheme to be modified by agreement after it comes into effect, and
for any such modifications to have effect from the date when the original scheme comes into effect.
In this section references to the transfer of property include references to the grant of a lease.
In this section “qualifying company” means—
a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or
a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.
The Secretary of State may by order make provision in consequence of this Act.
An order under this section may, in particular—
amend, repeal, revoke or otherwise modify any enactment;
include transitional, transitory or saving provision in connection with the commencement of provision made by the order.
Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made by the order pending the commencement of—
another provision of the order,
a provision of this Act,
any other enactment.
Before making an order under this section that contains provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.
The power conferred by this section is not restricted by any other provision of this Act.
In this section, “enactment” includes— and references to an enactment include a reference to an enactment passed or made after the passing of this Act.
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,
A power to make regulations under this Act is exercisable by the Secretary of State.
Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council under this Act, must be made by statutory instrument.
Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (3) does not apply to an order under section 306 (commencement).
A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the first regulations under section 83 (licensing requirement: exemption regulations);
the first order under section 86 (approval by Secretary of State of licensing criteria);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
regulations under section 105(4) (manner in which turnover to be calculated for purposes of penalty for breach of licence conditions etc.);
regulations under section 106(3)(d) (descriptions of action for specifying in enforcement undertaking for breach of licence conditions etc.);
regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme);
regulations under section 130 (health special administration regulations);
an order under section 140 (maximum amount that may be raised from levy to raise funds for special administration cases);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an order under section 290(4) (addition to list of bodies subject to duty co-operate);
regulations under section 250(6B) or 251(1) (regulations about waiver of information standards and the procedure for setting standards);
an order under section 291(5) (order prohibiting bodies subject to duty to co-operate from exercising specified functions etc.);
regulations under section 277E (regulations about enforcement);
an order under section 303 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament;
regulations which, by virtue of subsection (10)(a), include provision that amends or repeals a provision of an Act of Parliament.
An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)).
Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.
A power to make regulations under this Act, a power of the Secretary of State, the Welsh Ministers or the Privy Council to make an order under this Act, and (subject to section 71(3)) a power to give directions under or by virtue of this Act—
may be exercised either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or descriptions of case,
may be exercised so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition, and
may, in particular, make different provision for different areas.
Any such power includes—
power to make incidental, supplementary, consequential, saving, transitional or transitory provision (including, in the case of a power to make regulations, provision amending, repealing or revoking enactments), and
power to provide for a person to exercise a discretion in dealing with any matter.
A power to give directions under or by virtue of this Act includes power to vary or revoke the directions by subsequent directions.
A direction under this Act by a Minister of the Crown (acting alone)—
must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 234(1) (direction to NICE to prepare quality standards);
section 245(1) (direction to NICE to perform functions);
section 249(8) (direction to NHS England to be transitional commissioner in relation to pre-commencement statements of quality standards);
section 254(1) (direction to NHS England to establish information systems);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 260(2)(d) (direction to NHS England that information of specified description is not subject to duty to publish);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 7 of Schedule 6 (direction to NHS England to exercise functions of Secretary of State relating to Primary Care Trusts), and
must, in the case of any other direction, be given by an instrument in writing.
A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in writing.
There is to be paid out of money provided by Parliament—
any expenditure incurred by virtue of this Act by the Secretary of State, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The following provisions come into force on the day on which this Act is passed—
section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators);
section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition);
the provisions of this Part;
any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it.
Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.
In subsection (2) “the appropriate authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
Different days may be appointed under subsection (2) or (4) for different purposes (including different areas).
Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of—
another provision of this Act, or
any other enactment (within the meaning of section 303).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the duty of a clinical commissioning group under sub-paragraph (1) or (2) of that paragraph not to apply in relation to the whole or any part of the initial period (within the meaning of Schedule 6), and
for the duty of the Board under paragraph 16 of Schedule A1 to that Act (inserted by Schedule 1) to have effect subject to such modifications specified in the order as the Secretary of State considers appropriate in consequence of the provision made under paragraph (a).
Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement.
The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to—
section 58 (radiation protection functions), so far as relating to the Scottish Ministers,
section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies,
section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers,
section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions),
section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to—
unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland,
a body that maintains a register of persons within sub-paragraph (i),
a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or
a body that regulates a profession within sub-paragraph (iii),
section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),
section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,
section 227 (appointments to regulatory bodies), so far as relating to—
the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or
subsection (4) of that provision,
section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers,
section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers,
Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and
paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs.
In this section—
Subject to subsections (2) to (5), this Act extends to England and Wales only.
Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006;
sections 56(1) and (3), 57, 58 and 60 (public health functions);
section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.);
section 214(1) (the Health and Care Professions Council);
section 222(1) (the Professional Standards Authority for Health and Social Care);
section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);
section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator);
section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
this Part.
Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.
This Act may be cited as the Health and Social Care Act 2012.
Section 9(2)
Section 25(2)
Section 51(2)
Section 55(1)
For section 2 substitute— For the cross-heading preceding section 2 substitute “General power”.
Section 6 (performance of functions outside England) is amended as follows. For subsection (1) substitute— After subsection (1) insert— In subsection (2) for “The Secretary of State's functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.
Section 6A (reimbursement of cost of services provided in another EEA state) is amended as follows. In subsection (3)(b) after “Secretary of State” insert “, the Board”. In subsection (7) after “Secretary of State” insert “, the Board”. In subsection (8) in each of paragraphs (a) and (b)— In subsection (9), after “Secretary of State” (in the second place it occurs) insert “, the Board”. In subsection (11), in the definition of “responsible authority”—
Section 6B (prior authorisation for the purposes of section 6A) is amended as follows. In subsection (2)(b) after “Secretary of State” insert “, the Board”. In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of State” insert “, the Board”.
In section 8 (Secretary of State's directions to health service bodies), in subsection (2)— In the heading to that section after “to” insert “certain”. Before section 8 insert the following cross-heading “Directions to certain NHS bodies”.
Section 9 (NHS contracts) is amended as follows. In subsection (4)—
In section 11 (arrangements to be treated as NHS contracts), in subsection (1)—
after “under which” insert “the Board,”,
omit “a Strategic Health Authority,” and
omit “a Primary Care Trust”.
Section 12 (arrangements with other bodies) is amended as follows. In subsection (1) for “any service under this Act” substitute “anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”. For subsection (2) substitute— For subsection (3) substitute— In subsection (4)— After subsection (4) insert— For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.
After section 12 insert—
Section 12A (direct payments for health care) is amended as follows. In subsection (1) after “The Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”. In subsection (2)— In subsection (4)— In subsection (5), omit “or under regulations under subsection (4)”. After subsection (6) insert—
Section 12B (regulations about direct payments) is amended as follows. In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the Primary Care Trust” substitute “, the Board, a clinical commissioning group or a local authority”. In subsection (4) — In subsection (5)—
In section 12D (arrangements with other bodies relating to direct payments)—
in subsection (1) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”, and
in subsection (3) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.
In section 28 (special health authorities), omit subsection (6).
In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—
omit “, section 14”, and
omit “, section 19”.
Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).
In section 67 (effect of intervention orders), in subsection (1)—
in paragraph (a)—
omit “Strategic Health Authority,” and
omit “Primary Care Trust,” and
in paragraph (b)—
omit “Strategic Health Authority,” and
omit “Primary Care Trust,”.
In section 70 (transfer of residual liabilities)—
in subsection (1)—
omit “a Strategic Health Authority,”, and
omit “a Primary Care Trust,”, and
in the heading, at the end insert “of certain health service bodies”.
Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is amended as follows. In subsection (2)— In subsection (2A)— In subsection (3)(a)— In subsection (5), for “(a) to (d),” substitute “(c), (d),”. In subsection (6)—
In section 73 (directions and regulations), in subsection (1) omit paragraphs (c) to (f).
Omit Schedule 2.
Omit Schedule 3.
Schedule 4 (NHS trusts) is amended as follows. In paragraph (5)(1)(f), omit “Primary Care Trusts,”. In paragraph 6— In paragraph 7(3), omit “Strategic Health Authority,”. In paragraph 8— In paragraph 9— In paragraph 15, omit sub-paragraphs (2) and (3). In paragraph 18— In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”. In paragraph 30, in sub-paragraph (1)—
Schedule 6 (special health authorities established under section 28) is amended as follows. In paragraph 3(8)— In paragraph 3(12)— In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.
In section 74 (supply of goods and services by local authorities), in subsection (1)(a)—
at the beginning insert “the Board and”,
after “any” insert “clinical commissioning group or,”,
omit “Strategic Health Authority,” and
omit “or Primary Care Trust”.
In section 76 (power of local authorities to make payments), in subsection (1)—
after the first “to” insert “the Board, a clinical commissioning group”,
omit “a Strategic Health Authority,” and
omit “a Primary Care Trust”.
In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a Primary Care Trust or”.
In section 78 (directed partnership agreements), in subsection (3)—
omit paragraph (a), and
omit paragraph (b).
Section 80 (supply of goods and services by the Secretary of State) is amended as follows. In subsection (1)— In subsection (3)— After subsection (3) insert— In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may arrange for the carrying out of,”. In subsection (5), for “The Secretary of State” substitute “The Board”. In subsection (6)— After subsection (6) insert— In subsection (7)— After that subsection insert— In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”. Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.
Section 81 (conditions of supply under section 80) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsection (4) for “the Secretary of State” substitute “the person who makes the services available”. In subsection (5) —
Section 83 (duty relating to primary medical services) is amended as follows. For subsections (1) and (2) substitute— In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”. Omit subsection (4). For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical services”.
Section 84 (general medical services contracts: introductory) is amended as follows. In subsection (1), for “A Primary Care Trust” substitute “The Board”. In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”. In subsection (4), for paragraph (b) substitute—
In section 86 (persons eligible to enter into general medical services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
In section 87 (general medical services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
In section 89 (general medical services contracts: required terms), in subsection (4)(a), for “a Primary Care Trust” substitute “the Board”. The variations to contract terms that may be imposed by virtue of subsection (2)(d) of that section include, in particular, variations in consequence of the establishment of clinical commissioning groups.
Section 91 (persons performing primary medical services) is amended as follows. In the following provisions, for “a Primary Care Trust” substitute “the Board”— In subsection (2), for paragraph (b) substitute— In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is amended as follows. For subsection (1) substitute— Omit subsection (6). Omit subsection (7). For the title to that section substitute “Arrangements by the Board for the provision of primary medical services”. The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.
Section 93 (participants in section 92 arrangements) is amended as follows. In subsection (1)— In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”. In that subsection, in the definition of “qualifying body”, for “(e) or (g)” substitute “or (e)”.
Section 94 (regulations about section 92 arrangements) is amended as follows. In subsection (2), for “Strategic Health Authorities” substitute “the Board”. In subsection (3), after paragraph (c) insert—. In subsection (6), for “a Primary Care Trust” substitute “the Board”. The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in particular, variations in consequence of the establishment of clinical commissioning groups.
Omit section 95 (transfer of liabilities relating to section 92 arrangements).
Section 96 (assistance and support) is amended as follows. In subsection (1)— In subsection (2)—
Section 97 (Local Medical Committees) is amended as follows. In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”. In subsection (3)— In subsection (6), for “a Primary Care Trust” substitute “the Board”. Omit subsection (7). In subsection (10)—
Section 99 (duty relating to primary dental services) is amended as follows. For subsection (1) substitute— Omit subsection (2). In subsection (3)— Omit subsection (4). For the cross-heading preceding that section substitute “Duty of the Board in relation to primary dental services”.
Section 100 (general dental services contracts: introductory) is amended as follows. In subsection (1), for “A Primary Care Trust” substitute “The Board”. In subsections (3) and (4), for “the Primary Care Trust” substitute “the Board”. In subsection (3), in paragraph (a), after “dental services” insert “or services which are to be performed outside England”.
In section 102 (persons eligible to enter into general dental services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
In section 103 (general dental services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
In section 104 (general dental services contracts: required terms), in subsection (3) for “a Primary Care Trust” substitute “the Board”.
Section 106 (persons performing primary dental services) is amended as follows. In the following provisions, for “a Primary Care Trust” substitute “the Board”— In subsection (2), for paragraph (b) substitute— In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is amended as follows. For subsection (1) substitute— Omit subsection (7). For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”. The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.
Section 108 (participants in section 107 arrangements) is amended as follows. In subsection (1)— In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
Section 109 (regulations about section 107 arrangements) is amended as follows. In subsection (2), for “Strategic Health Authorities” substitute “the Board”. In subsection (3), after paragraph (c) insert—. In subsection (6), for “a Primary Care Trust” substitute “the Board”.
Omit section 110 (transfer of liabilities relating to section 107 arrangements).
Section 112 (assistance and support) is amended as follows. In subsection (1), for “A Primary Care Trust” substitute “The Board”. In subsection (2)—
Section 113 (Local Dental Committees) is amended as follows. In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”. In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”. In subsection (6), for “a Primary Care Trust” substitute “the Board”. Omit subsection (7). In subsection (10)—
Section 115 (duty relating to primary ophthalmic services) is amended as follows. In subsection (1), for the words from the beginning to “area,” substitute “The Board must exercise its powers so as to secure the provision throughout England”. After that subsection insert— For subsection (4) substitute— In subsection (5), for “Each Primary Care Trust” substitute “The Board”. Omit subsection (6). In subsection (9), in paragraph (b), for “(d)” substitute “(e)”. For the cross-heading preceding that section substitute “Duty of the Board in relation to primary ophthalmic services”.
Section 117 (general ophthalmic services contracts: introductory) is amended as follows. In subsection (1), for “A Primary Care Trust” substitute “The Board”. In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”. In subsection (4), for paragraph (b) substitute—
In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.
In section 119 (exclusion of contractors), for “a Primary Care Trust” substitute “the Board”.
In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.
In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.
Section 123 (persons performing primary ophthalmic services) is amended as follows. In the following provisions, for “a Primary Care Trust” substitute “the Board”— In subsection (2), for paragraph (b) substitute— In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
Section 124 (primary ophthalmic services: assistance and support) is amended as follows. In subsection (1)— In subsection (2)—
Section 125 (Local Optical Committees) is amended as follows. In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”. In subsection (3)— In subsection (7), for “a Primary Care Trust” substitute “the Board”. In subsection (10)—
Section 126 (arrangements for pharmaceutical services) is amended as follows. In subsection (1), for “Each Primary Care Trust” substitute “The Board”. In subsection (3), for the words from “as respects” to “that area” substitute “for the provision to persons who are in England”. In subsection (6), for “a Primary Care Trust” substitute “the Board”. Omit subsection (7).
Section 127 (arrangements for additional pharmaceutical services) is amended as follows. In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute “the Board”. In subsection (1)(a), for “within or outside its area” substitute “in England”. In subsection (2), omit the words from “(whether” to the end.
Section 128 (terms and conditions of arrangements under section 127) is amended as follows. In subsection (1), for “the Primary Care Trust to which they apply” substitute “the Board”. In subsection (4), for “A Primary Care Trust” substitute “The Board”. In subsection (5), for “a Primary Care Trust” substitute “the Board”.
Section 129 (regulations as to pharmaceutical services) is amended as follows. In subsection (1), for “a Primary Care Trust” substitute “the Board”. In subsection (2)— After subsection (2ZA) (inserted by section 207(3)) insert— In subsection (2A), for “The Primary Care Trust” substitute “The Board”, In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in each place it appears, substitute “the Board”. In subsection (6)— In subsection (6)(c)— In subsection (10A), for “Primary Care Trusts” substitute “The Board”.
In section 130 (regulations about appeals from decisions on applications for inclusion in pharmaceutical list), in subsection (2)—
for “a Primary Care Trust” substitute “the Board”, and
for “the Primary Care Trust” substitute “the Board”.
Section 131 (power to charge fee to applicants) is amended as follows. In subsection (1), for “a Primary Care Trust” substitute “the Board”. In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute “the Board”. In subsection (3)(a), omit the words from “and such” to the end.
Section 132 (persons authorised to provide pharmaceutical services) is amended as follows. In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” substitute “the Board”. In subsection (3)— In subsection (4), after paragraph (a) insert—. In subsection (5)—
Section 133 (inadequate provision of pharmaceutical services) is amended as follows. In subsection (1)(a)— In subsection (1)(b), for “any such area or part” substitute “any part of England”. In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.
Section 134 (pilot schemes) is amended as follows. In subsection (1), for “Primary Care Trusts” substitute “The Board”. In subsection (2)— In subsection (5), for “a Primary Care Trust” substitute “the Board”.
In section 136 (designation of priority neighbourhoods or premises), in subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”
In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.
Section 138 (variation and termination of pilot schemes) is amended as follows. In subsection (1), for “Primary Care Trusts” substitute “the Board”. In subsections (2) and (3), for “the Primary Care Trust concerned” substitute “the Board”.
Section 140 (funding of preparatory work) is amended as follows. In subsection (1), for “Primary Care Trusts” substitute “the Board”. In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the Board”.
In section 144 (local pharmaceutical services schemes)— In consequence of the repeal made by sub-paragraph (1)(b), omit section 29(4) of the Health Act 2009.
Section 148 (conditional inclusion in pharmaceutical lists) is amended as follows. In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list he is included” substitute “the Board”. In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the Primary Care Trust”, in each place it appears, substitute “the Board”. In subsection (6), for “a Primary Care Trust” substitute “the Board”.
Section 150A (notices and penalties) is amended as follows. In subsection (1)— In subsection (2), for “Primary Care Trusts” substitute “the Board”.
Section 151 (disqualification of practitioners) is amended as follows. In subsection (1), for “a Primary Care Trust” substitute “the Board”. In subsection (5), for “the Primary Care Trust” substitute “the Board”. In subsection (6), for “The Primary Care Trust” substitute “The Board”.
Section 152 (contingent removal) is amended as follows. In subsections (1) and (3), for “the Primary Care Trust” substitute “the Board”. In subsection (4), for “The Primary Care Trust” substitute “The Board”.
In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8) (in each place it appears), for “the Primary Care Trust” substitute “the Board”.
Section 155 (suspension pending removal) is amended as follows. In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the Board”. In subsection (5), for “The Primary Care Trust” substitute “The Board”.
Section 157 (review of decisions) is amended as follows. In subsection (1), for “The Primary Care Trust” substitute “The Board”. In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the Board”.
Section 158 (appeals) is amended as follows. In subsection (1), for “a Primary Care Trust” substitute “the Board”. In subsections (2) and (6), for “The Primary Care Trust” substitute “The Board”. In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust” substitute “the Board”. In subsection (7), for “Primary Care Trusts” substitute “the Board”.
Section 159 (national disqualification) is amended as follows. In subsection (1), for “each Primary Care Trust”, in each place it appears, substitute “the Board”. In subsection (3), for “a Primary Care Trust” substitute “the Board”. In subsection (4)— In subsection (5), for “the Primary Care Trust's” substitute “the Board's”. In subsection (6)—
In section 160 (notification of decisions), for “a Primary Care Trust” substitute “the Board”.
In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a Primary Care Trust” substitute “the Board”.
Section 162 (regulations about decisions under Chapter 6 of Part 7) is amended as follows. In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”. In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the Board”.
Section 164 (remuneration for persons providing pharmaceutical services) is amended as follows. In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”. In subsection (4A)(a)—
Section 166 (indemnity cover) is amended as follows. In subsection (2)(b)— In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for “a Primary Care Trust” substitute “the Board”.
Section 167 (local pharmaceutical committees) is amended as follows. In subsection (1), for the words from the beginning to “other Primary Care Trusts,” substitute “The Board may recognise a committee formed for an area”. In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust's area”. In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary Care Trust” substitute “the Board”. In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”. In subsection (9), for “A Primary Care Trust” substitute “The Board”.
Schedule 11 (pilot schemes) is amended as follows. In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a Primary Care Trust” substitute “the Board”. In paragraph 2 (preliminary steps)— In paragraph 3 (approvals)— In paragraph 4 (preliminary approval)— In paragraph 5 (effect of proposals on existing services)— In paragraph 7 (making a scheme)— Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme.
Schedule 12 (LPS schemes) is amended as follows. In paragraph 1 (provision of local pharmaceutical services)— In paragraph 2 (designation of priority neighbourhoods or premises)— In paragraph 3 (regulations)— In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009. Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme.
In section 176 (dental charging)—
in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
in subsection (4)(a), omit sub-paragraph (i).
In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a).
Section 180 (payments in respect of costs of optical appliances) is amended as follows. In subsection (1), for “him or a relevant body” substitute “the Board”. In subsection (3), in paragraph (a)— In paragraph (b) of that subsection— After subsection (6) insert— Omit subsection (10). In subsection (11), at the end insert “in accordance with the regulations”. Omit subsection (12). For the title to section 180 substitute “Payments in respect of costs of optical appliances and sight tests”.
Section 181 (provision supplementary to section 180) is amended as follows. In subsection (3), omit the words from “(whether” to the end. Omit subsection (9).
Section 183 (payment of travelling expenses) is amended as follows. In paragraph (a) — In paragraph (b)— In paragraph (c)—
In section 185 (charges for more expensive supplies), in subsection (2)—
after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,”, and
omit “a Primary Care Trust,”.
In section 186 (charges for repairs and replacements in certain cases), in subsection (2)—
after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,” and
omit “a Primary Care Trust,”.
In section 187 (charges for designated services or facilities) for the words from “designated” to the end substitute “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those provisions or any other provision of this Act)”.
In section 188 (sums otherwise payable to those providing services), in subsection (2) —
after the first “by” insert “the Board or a clinical commissioning group”, and
omit “a Primary Care Trust”.
Section 195 (compulsory disclosure of documents) is amended as follows. In subsection (2) for “section 2(1)(b)” substitute “section 2”. In subsection (3) —
Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows. In subsection (2), for “section 28(6)” substitute “section 275(1)”. In subsection (3)— After subsection (5) insert—
Section 197 (notice requiring production of documents) is amended as follows. In subsection (1)(a) after “health service provider” insert “, public health service contractor”. In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State's functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.
Section 210 (interpretation of Part 10) is amended as follows. In subsection (1) after “health service provider” insert “, “public health service contractor””. In subsection (2)(a)—
Section 211 (acquisition, use and maintenance of property) is amended as follows. In subsection (4) for “A local social services authority” substitute “A local authority”. After that subsection insert—
In section 213 (transfers of trust property), in subsection (2)(c)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit “a Primary Care Trust,.”
Section 214 (transfer of functions and property to or from special trustees) is amended as follows. In subsection (1)— In subsection (3)(a)—
Section 215 (trustees and property under section 222) is amended as follows. Omit subsection (2)(b) and the preceding “and”. In subsection (3)— In subsection (4)—
In section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
In section 217 (trusts: supplementary provisions), in subsection (1)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
omit paragraph (f), and
omit paragraph (g).
In section 218 (private trusts for hospitals), in subsection (4)—
in paragraph (b) omit “or Primary Care Trust”,
in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
for paragraph (d) substitute —
In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
Section 222 (power to raise money) is amended as follows. In subsection (3) for “the Secretary of State” substitute “the appropriate authority”. After subsection (3) insert— In subsection (9), for “section 224 or 226” substitute “section 225”.
In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State” insert “or the Board”. After that section insert—
Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows. Omit subsection (1). In subsection (3) — In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs). In subsection (5) omit “Strategic Health Authority or”. In subsection (6) omit “Strategic Health Authority or”. In subsection (7)— In the heading to the section, omit “Strategic Health Authorities and”.
Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows. In subsection (1), omit “Strategic Health Authority and each”. In subsection (2)(b) omit “Strategic Health Authority or”. In subsection (3) omit “Strategic Health Authority or”. In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”. In the heading to the section, omit “Strategic Health Authorities and”.
Omit sections 228 to 231 (funding of Primary Care Trusts etc).
In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows. In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning group”. In subsection (2)(b)—
Omit Schedule 14 (further provision about expenditure of Primary Care Trusts).
Schedule 15 (accounts and audits) is amended as follows. In paragraph 1(1)— In paragraph 5, omit sub-paragraph (2). Omit paragraph 7. In paragraph 8(3) omit “or 7”. Omit paragraph 9.
Section 242 (public involvement and consultation) is amended as follows. In subsection (1A)— Omit subsections (4) and (5).
omit paragraph (a), and
omit paragraph (b).
Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of users).
After section 254 insert—
Section 256 (power of Primary Care Trusts to make payments towards expenditure on community services) is amended as follows. In subsection (1) for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”. In subsection (3)— After subsection (5) insert—
In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for “the Primary Care Trust” substitute “the Board or the clinical commissioning group”.
Section 258 (university clinical teaching and research) is amended as follows. In subsection (1)— In subsection (2), in paragraph (a)—
after “exercisable by” insert “the Board,”,
after “a” insert “clinical commissioning group,”,
omit “Strategic Health Authority,”, and
omit “Primary Care Trust,”.
Section 259 (sale of medical practices) is amended as follows. In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”. After that subsection insert— In subsection (5), in the definition of “relevant area”—
Omit section 268 (persons displaced by health service development), and the cross-heading which precedes it.
In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after “directions to” insert “certain”.
After section 271 insert—
Section 272 (orders, regulations, rules and directions) is amended as follows. In subsection (3)— In subsection (5)—
Section 273 (further provision about orders and directions) is amended as follows. In subsection (3) for “by a Strategic Health Authority” substitute “by the Board”. In subsection (4)(c)(ii)—
Section 275 (interpretation) is amended as follows. In subsection (1)— In subsection (3)— Until the commencement of section 33, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority. Until the commencement of section 34, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust.
Section 276 (index of defined expressions) is amended as follows. Omit the entry relating to “NHS body”. NHS constitution section 1B(2) Omit the entry relating to “PCT order”. public health functions of the Secretary of State section 1H(5)(a) public health functions of local authorities section 1H(5)(b)
Section 55(2)
“relevant registers” means—
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”), after “Officer of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
in that column, omit “a Strategic Health Authority,”,
in the second column (headed “paying authority”), after “The” insert “National Health Service Commissioning Board, clinical commissioning group,”, and
in that column, omit “Strategic Health Authority,”.
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8—
in sub-paragraph (1)—
after “Secretary of State by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group”,
omit “a Strategic Health Authority,”, and
omit “, a Primary Care Trust”, and
in sub-paragraph (2)—
after “action taken by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or”,
omit “a Strategic Health Authority,”, and
omit “or Primary Care Trust”.
The Health Services and Public Health Act 1968 is amended as follows.
Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows. In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”. In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows. In subsection (1) for “each Primary Care Trust and Local Health Board” substitute “the National Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local Health Board (in relation to Wales)”. In subsection (2)—
In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)—
omit “Strategic Health Authorities,”, and
omit “, Primary Care Trusts”.
In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
for “that Act” substitute “the National Health Service Act 2006”, and
omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
In section 144 of the Road Traffic Act 1988 (exception to requirement for third party insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
The National Health Service and Community Care Act 1990 is amended as follows.
In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—
in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”,
in that paragraph, after “or” (in the first place it occurs) insert “a”,
in the words after paragraph (b) in that subsection, omit “authority or”,
in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”,
in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”,
in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into by him with the National Health Service Commissioning Board”, and
in the words after that paragraph, omit “Trust, Authority or.”
The Employment Rights Act 1996 is amended as follows.
In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)—
omit paragraph (f),
omit paragraph (g), and
before paragraph (h) insert—.
In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)—
before paragraph (b) insert—, and
omit paragraph (c) and the preceding “or”.
In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—
before the entry for a Health Board insert— “ the National Health Service Commissioning Board a clinical commissioning group ”,
omit the entry for a Primary Care Trust, and
omit the entry for a Strategic Health Authority.
In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).
The Equality Act 2010 is amended as follows.
In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—
As soon as practicable after the end of each financial year, Monitor must prepare an annual report on how it has exercised its functions during the year. The report must, in particular— Monitor must— Monitor must provide the Secretary of State with—
Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. Monitor’s property must not be regarded as property of, or property held on behalf of, the Crown.
Monitor may, at any time, by notice given to the Competition Commission vary a reference— On receipt of a notice under sub-paragraph (1), the Commission must give effect to the variation.
Monitor must, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference, or in carrying out the function under paragraph 8, give the Commission— The Commission must, for the purpose of carrying out the investigation or the function, take account of such information as is given to it for that purpose under sub-paragraph (1).
This paragraph applies where a report of the Competition Commission on a reference— Monitor must make such changes to the matters specified in the reference as it considers necessary for the purpose of remedying or preventing the adverse effects specified in the report. Before making changes under this paragraph, Monitor must have regard to the changes specified in the report. Before making changes under this paragraph, Monitor must send a notice— A period specified for the purposes of sub-paragraph (4)(c) must not be less than 28 days beginning with the day after that on which the notice is published. Monitor must send the notice to the relevant persons. Monitor must also publish the notice. After considering such representations as it receives before the end of the period specified under sub-paragraph (4)(c), Monitor must send a notice to the Competition Commission— Monitor must include with the notice under sub-paragraph (8) a copy of the representations referred to in that sub-paragraph. If a direction under paragraph 8 is not given to Monitor before the end of the period of four weeks beginning with the date on which it sends the notice under sub-paragraph (8), Monitor must make the changes specified in the notice. If a direction under that paragraph is given to Monitor before the end of that period, Monitor must make such of the changes as are not specified in the direction.
The following sections of Part 3 of the Enterprise Act 2002 (mergers) apply, with the modifications in sub-paragraphs (3), (5), (6) and (8) to (11) for the purposes of a reference as they apply for the purposes of references under that Part— Those sections of that Part of that Act apply, with the modifications in sub-paragraphs (4), (5) and (7) to (11), for the purposes of an investigation by the Competition Commission in the exercise of its functions under paragraph 8, as they apply for the purposes of an investigation on references under that Part. Section 110, in its application by virtue of sub-paragraph (1), has effect as if— Section 110, in its application by virtue of sub-paragraph (2), has effect as if— Section 111, in its application by virtue of sub-paragraph (1) or (2), has effect as if— Section 111(5)(b)(ii), in its application by virtue of sub-paragraph (1), has effect as if— Section 111(5)(b)(ii), in its application by virtue of sub-paragraph (2), has effect as if for sub-paragraph (ii) there were substituted— Section 112, in its application by virtue of sub-paragraph (1) or (2), has effect as if, in subsection (1), for “or (3)” there were substituted “, (3) or (5)”. Section 114, in its application by virtue of sub-paragraph (1) or (2), has effect as if, in subsection (1), for “or (3)” there were substituted “, (3) or (5)”. Section 115, in its application by virtue of sub-paragraph (1) or (2), has effect as if for “or (3)” there were substituted “, (3) or (5)”. Section 116, in its application by virtue of sub-paragraph (1) or (2), has effect as if, in subsection (2), for “or (3)” there were substituted “, (3) or (5)”. Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to the making of orders) have effect for the purposes of the application of those sections by virtue of sub-paragraph (1) or (2) in relation to those sections as applied by virtue of the sub-paragraph concerned. Accordingly, corresponding provisions of this Act do not have effect in relation to those sections as applied by virtue of the sub-paragraph concerned.
A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care. A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence. In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows. In subsection (1)— In subsection (2)— In subsection (5A)— In subsection (5B)—
In section 47 (assessment of needs for community care services), in subsection (3)—
before paragraph (a) insert—,
in paragraph (a), omit “Primary Care Trust or”,
in that paragraph omit “the National Health Service Act 2006 or”,
in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
In section 43K (extension of meaning of “worker” etc for Part 4A)—
in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National Health Service Commissioning Board”,
in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”, and
in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning Board, or the”.
In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
omit paragraph (h), and
omit paragraph (i).
In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
after “City of London” insert “or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements”,
for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
omit “Primary Care Trust or”.
In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
omit “Strategic Health Authority,”, and
omit “Primary Care Trust,”.
In section 50 (right to time off for public duties), in subsection (8)—
before paragraph (a) insert—
in paragraph (b)—
omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service—
The National Health Service Commissioning Board. A clinical commissioning group established under section 14D of the National Health Service Act 2006.
in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
omit the entry for a Primary Care Trust, and
omit the entry for a Strategic Health Authority.
In section 60 (removal of crown immunities), in subsection (7)—
in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.
In section 218 (change of employer), in subsection (10)—
before paragraph (a) insert—
omit paragraph (a),
in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,
omit paragraph (bb), and
in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.
Section 55(3)
Section 56(4)
Section 61
registers of unregulated health care workers in Scotland, or
Monitor is to consist of— The number of executive members must be less than the number of non-executive members. In this Schedule—
This paragraph applies where a person is suspended under paragraph 3(4). The Secretary of State must give notice of the decision to the person; and 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 at any time review the suspension. 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—
Sub-paragraph (2) applies where a person who is an active or deferred member of a scheme under section 1 of the Superannuation Act 1972 is appointed as chair. The Minister for the Civil Service may determine that the person’s office as chair is to be treated for the purposes of the scheme as service in the employment by reference to which the person is a member (whether or not any benefits are payable by virtue of paragraph 6(2)). Monitor Monitor must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
Monitor must exercise its functions effectively, efficiently and economically. Monitor may arrange for the exercise of its functions on its behalf by—
Monitor may obtain, compile and keep under review information about matters relating to the exercise of its functions. Where Monitor exercises the power under sub-paragraph (1), it must do so with a view to (among other things) ensuring that it has sufficient information to take informed decisions and to exercise its other functions effectively. In exercising the power under sub-paragraph (1), Monitor may carry out, commission or support (financially or otherwise) research.
Monitor must prepare in respect of each financial year a set of accounts which consolidates the annual accounts of all NHS foundation trusts. The Secretary of State may, with the approval of the Treasury, direct Monitor to prepare a set of accounts in respect of such period as may be specified in the direction which consolidates any accounts prepared by NHS foundation trusts by virtue of paragraph 25(1A) of Schedule 7 to the National Health Service Act 2006 in respect of that period. In preparing any consolidated accounts under this paragraph, Monitor must comply with directions given by the Secretary of State with the approval of the Treasury as to— Monitor must send a copy of any consolidated accounts under this paragraph to the Secretary of State and, if the Secretary of State so directs, the Comptroller and Auditor General— In sub-paragraph (4)(b), the relevant period is— Before giving a direction under sub-paragraph (5), the Secretary of State must consult Monitor. The Comptroller and Auditor General must— Monitor must act with a view to securing that NHS foundation trusts— This paragraph does not apply to the financial year specified for the purposes of section 155(7) (which provides for the order that commences section 155, which itself relates to the preparation of the accounts of NHS foundation trusts, to specify the first financial year to which that section will apply) or to the subsequent financial years.
Monitor must respond in writing to any recommendation about its exercise of its functions that a Committee of either House of Parliament or a Committee of both Houses makes.
The National Health Service Act 2006 is amended as follows.
Where a person is suspended from office as the chair under paragraph 3(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— A person who ceases to be the interim chair is eligible for re-appointment.
In section 9 (NHS contracts), in subsection (4)—
after paragraph (f) insert—, and
after paragraph (n) insert—.
After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
In section 66 (intervention orders), for subsection (1) substitute— Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities. Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
Section 67 (effect of intervention orders) is amended as follows. In subsection (1)— In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of its board of directors)”.
In section 68 (default powers), for subsection (1) substitute— Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities. Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts.
In section 78 (directed partnership arrangements), in subsection (3)—
in paragraph (c) after “NHS trusts” insert “established under section 25”, and
omit paragraph (d).
Section 77
Sections 101 and 142
Section 107
Section 120
Section 150
Section 179
The National Health Service Act 2006 is amended as follows.
In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule 4 (NHS trusts)”.
In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).
In section 9 (NHS contracts), omit subsection (3).
In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for subsection (4) substitute—
In section 42 (public dividend capital), after subsection (1) insert—
In section 51 (trust funds and trustees), omit subsection (4).
In section 56 (mergers of NHS foundation trusts)—
in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and
in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.
In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—
in subsection (1)(b), omit “or an NHS trust established under section 25”,
in subsection (2), omit “(that is an NHS foundation trust)”, and
in subsection (3), omit paragraph (a) (and the following “and”).
In section 57 (mergers, acquisitions and separation of NHS foundation trusts) (as amended by sections 172 and 173(2)(a))—
in subsection (3)(a), omit “, an NHS trust established under section 25”,
in subsection (4), omit “or an NHS trust established under section 25”, and
omit subsection (5).
In section 65(1) (interpretation for provisions about NHS foundation trusts), in the definition of “health service body”, omit “an NHS trust,”.
In section 65A(1) (application of trust special administration regime), omit paragraph (a).
Omit section 65B (appointment of trust special administrator in relation to NHS trust). In consequence of that repeal, omit section 174(2) of this Act.
Omit section 65C (suspension of directors of NHS trust).
Section 65F (special administrator’s draft report) is amended as follows. In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”. In subsection (2)(b)— After subsection (2) insert— In subsection (3), for “the Secretary of State” substitute “the regulator”. Omit subsections (4) to (7). In consequence of those repeals, omit section 176(2) of this Act.
In section 65G (consultation plan), in subsection (4), omit “In the case of an NHS foundation trust,”.
Section 65H (consultation on draft report) is amended as follows. In subsection (7)— In subsection (10), for “The Secretary of State” substitute “The regulator”. After that subsection insert — Omit subsections (12) and (13). In consequence of those repeals, omit section 176(7) of this Act.
Section 65I (administrator’s final report) is amended as follows. In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”. In subsection (3), for “the Secretary of State” substitute “the regulator”. Omit subsection (4). In consequence of that repeal, omit section 176(8) of this Act.
Section 65J (power to extend time limits) is amended as follows. In subsection (2), for “the Secretary of State”, in each place it appears, substitute “the regulator”. Omit subsection (5). In consequence of that repeal, omit section 176(9) of this Act.
Omit section 65K (decision on action to take in relation to the trust) and the preceding cross-heading. In consequence of those repeals, omit section 177(1) of this Act.
Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows. In subsection (1), omit “relating to an NHS foundation trust”. In subsection (5), for “the trust” substitute “the NHS foundation trust in question”. For the title to that section substitute “The regulator’s decision”. Before that section, insert as a cross-heading “Action by the regulator and the Secretary of State”.
Section 65L (trusts coming out of administration) is amended as follows. In subsection (1)— In subsection (2)— Omit subsections (2A), (2B) and (6). In consequence of the repeal of subsections (2A) and (2B) of that section, omit section 177(3) of this Act.
Section 65M (replacement of special administrator) is amended as follows. In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”. In subsection (2), for “the Secretary of State” substitute “the regulator”. Omit subsection (3). In consequence of that repeal, omit section 178(1) of this Act.
Section 65N (guidance) is amended as follows. In subsection (1), for “The Secretary of State” substitute “The regulator”. Omit subsection (4). In consequence of that repeal, omit section 178(3) of this Act.
In section 66 (intervention orders) (as amended by paragraph 8(1) of Schedule 21), in subsection (1), omit paragraph (a) and the “and” following it.
In section 68 (default powers) (as amended by paragraph 10(1) of Schedule 21), in subsection (1), omit paragraph (a).
In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit “an NHS trust or”. For the title to section 70 substitute “Transfer of residual liabilities of Special Health Authorities”.
In section 71 (schemes for meeting losses etc. of certain health bodies) (as amended by paragraph 18 of Schedule 4)—
in subsection (2), omit paragraph (c),
in subsections (3) and (6), omit “NHS trust,”, and
in subsection (5), omit “(c),”.
In section 77 (Care Trusts) (as amended by section 200)—
in subsection (1)(a) omit “an NHS Trust or”, and
in subsections (10) and (12) omit “NHS trust or”.
Omit sections 78 and 79 (directed partnership arrangements).
In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.
In section 186(2) (charges for repairs and replacements in certain cases), omit “an NHS trust”.
In section 196(3) (bodies to which provisions about protection from fraud etc. relate), omit paragraph (d).
In section 217(1) (supplementary provisions about trusts), omit paragraph (h).
In section 242 (public involvement and consultation)—
in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS trusts”,
in subsection (1A), in the definition of “relevant English body”, omit paragraph (c),
in that subsection, omit the definition of “relevant Welsh body”, and
in subsection (2), for “relevant Welsh body” substitute “NHS trust”.
In section 272 (orders, regulations, rules and directions)—
in subsection (3), omit paragraph (e), and
omit subsection (5).
In section 275 (interpretation), in subsection (1), in the definition of “NHS trust”, for “includes” substitute “means”.
In section 276 (index of defined expressions), omit the entry for “NHS trust order”.
Schedule 15 (accounts and audit) is amended as follows. In paragraph 1— In paragraph 4(1), omit paragraph (b) and the “or” which precedes it. In paragraph 5— In paragraph 6—
In consequence of the repeal of section 56(6) by section 168(6) of this Act, omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.
Sections 230 and 231
A reference in any instrument or document to the Health Professions Council is to be read, in relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions Council. A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council. In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
The Health and Care Professions Council
The Health and Care Professions Council
In the following provisions, for “the Health Professions Council” substitute “the Health and Care Professions Council”—
Part 6 of Schedule 1 to the Freedom of Information Act 2000,
section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
section 4(4)(a) of the Health (Wales) Act 2003,
paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for paragraph (a) substitute—.
After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
Section 232
Section 249
Section 252
Section 277
Sections 278, 279 and 280
Section 297
Section 300(2) Transferor Permitted transferees A Primary Care Trust The Secretary of State The National Health Service Commissioning Board A clinical commissioning group A local authority The Care Quality Commission Monitor A Special Health Authority Any public authority which provides services as part of the health service in England Any other person who provides services as part of the health service in England and consents to the transfer A qualifying company Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the Mental Health Act 1983 A Strategic Health Authority The Secretary of State The National Health Service Commissioning Board A clinical commissioning group A local authority The Care Quality Commission Monitor A Special Health Authority Any public authority which provides services as part of the health service in England Any other person who provides services as part of the health service in England and consents to the transfer A qualifying company Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the Mental Health Act 1983 The Special Health Authority known as the National Institute for Health and Clinical Excellence The National Institute for Health and Care Excellence (established under section 232) The Special Health Authority known as the Health and Social Care Information Centre The Health and Social Care Information Centre (established under section 252) The Special Health Authority known as the NHS Institute for Innovation and Improvement The National Health Service Commissioning Board The Special Health Authority known as the National Patient Safety Agency The National Health Service Commissioning Board The Health and Social Care Information Centre The Special Health Authority known as the NHS Business Services Authority The Health and Social Care Information Centre The Appointments Commission A Minister of the Crown A Special Health Authority The General Social Care Council The Secretary of State The Health and Care Professions Council A person authorised by the Secretary of State under subsection (5)(b) of section 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section Any other person who carries on activities in connection with social work or social care work The Health Protection Agency The Secretary of State The Secretary of State The National Health Service Commissioning Board The Health and Social Care Information Centre A Special Health Authority A qualifying company
Section 300(3) Transferor Permitted transferees Any Primary Care Trust The Secretary of State The National Health Service Commissioning Board A clinical commissioning group A local authority The Care Quality Commission A Special Health Authority Any public authority which exercises functions in relation to health and is prescribed in regulations A qualifying company Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the Mental Health Act 1983 Any Strategic Health Authority The Secretary of State The National Health Service Commissioning Board A clinical commissioning group The Care Quality Commission Monitor A Special Health Authority Any public authority which exercises functions in relation to health and is prescribed in regulations A qualifying company Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the Mental Health Act 1983 The Special Health Authority known as National Institute for Health and Clinical Excellence The National Institute for Health and Care Excellence (established under section 232) The Special Health Authority known as the Health and Social Care Information Centre The Health and Social Care Information Centre (established under section 252) The Special Health Authority known as the NHS Institute for Innovation and Improvement The National Health Service Commissioning Board The Special Health Authority known as the National Patient Safety Agency The National Health Service Commissioning Board The Health and Social Care Information Centre The Special Health Authority known as the NHS Business Services Authority The Health and Social Care Information Centre The Appointments Commission A Minister of the Crown A Special Health Authority The General Social Care Council The Secretary of State The Health and Care Professions Council A person authorised by the Secretary of State under subsection (5)(b) of section 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section Any other person who carries on activities in connection with social work or social care work The Health Protection Agency The Secretary of State The Secretary of State The National Health Service Commissioning Board The Care Quality Commission Monitor The Health and Social Care Information Centre