Legalize / United Kingdom / Public General Act

Health and Social Care Act 2012

Type Public General Act

Publication 2012-03-27

Last updated 2025-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006; (e) an alleged or apparent failure to provide a service in pursuance of such arrangements.

Health and Safety at Work etc. Act 1974 (c. 37)

19

(1) Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows.

(2) 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)”.

(3) In subsection (2)—

(a) omit “for one of their”, and

(b) for “ “each” to “its”” substitute “ “the National” to “arranges””.

House of Commons Disqualification Act 1975 (c. 24)

20

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)—

(a) omit the entry relating to the chairman or any member of a Primary Care Trust,

(b) 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

(c) at the appropriate place insert— “ Chairman or non-executive member of the National Health Service Commissioning Board. ”

Acquisition of Land Act 1981 (c. 67)

21

The Acquisition of Land Act 1981 is amended as follows.

22

In section 16 (land excluded from compulsory purchase), in subsection (3)—

(a) after paragraph (a) insert—

(aa) the National Health Service Commissioning Board; (ab) a clinical commissioning group established under section 14D of the National Health Service Act 2006;”, and

(b) omit paragraph (c).

23

In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of “statutory undertakers”—

(a) omit paragraph (ad), and

(b) before paragraph (b) insert—

(ae) the National Health Service Commissioning Board, (af) a clinical commissioning group established under section 14D of the National Health Service Act 2006,

Mental Health Act 1983 (c. 20)

24

The Mental Health Act 1983 is amended as follows.

25

In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

26

In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,

(b) omit “or Primary Care Trust” in each place it appears, and

27

In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.

28

(1) Section 39 (power of court to request information from hospitals) is amended as follows.

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning group or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning group or”,

(e) after “such information as that” insert “clinical commissioning group or”,

(f) after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and

(g) after “order, and that” insert “clinical commissioning group or”.

(3) After subsection (1) insert—

(1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.

(4) 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.

29

In section 134 (patients' correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(d) omit “or Primary Care Trust”.

30

In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—

(a) after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(d) omit “or Primary Care Trust”.

31

(1) In section 145 (interpretation), in subsection (1)—

(a) in the definition of “the managers”, in paragraph (a)—

(i) after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,

(ii) omit “Primary Care Trust,”, and

(iii) omit “Strategic Health Authority,”,

(b) in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

(d) omit the definition of “Strategic Health Authority”.

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and

(b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.

Public Health (Control of Disease) Act 1984 (c. 22)

32

In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)—

(a) omit “Strategic Health Authorities,”, and

(b) omit “, Primary Care Trusts”.

Dentists Act 1984 (c. 24)

33

The Dentists Act 1984 is amended as follows.

34

In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

35

In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).

36

In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—

(a) omit “under section 92 of the National Health Service Act 2006 or”,

(b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,

(d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.

37

In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

38

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

39

In section 2 (rights of authorised representatives of disabled persons)—

(a) in subsection (5) in paragraph (a)—

(i) 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”,

(ii) for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and

(iii) omit “by a Primary Care Trust established under that Act,”,

(b) in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and

(i) after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(ii) omit “a Strategic Health Authority,”, and

(iii) omit “or a Primary Care Trust”.

40

In section 7 (persons discharged from hospital), in subsection (9)—

(a) in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and

(b) in the definition of “the managers”—

(i) in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,

(ii) 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”,

(iii) in those words omit “Strategic Health Authority,”, and

(iv) omit paragraph (bb).

41

In section 11 (reports to Parliament)—

(a) in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and

(b) omit subsection (1ZB).

42

In section 16 (interpretation), in subsection (1)—

(a) omit the definition of “Primary Care Trust”, and

(b) omit the definition of “Strategic Health Authority”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

43

In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—

(a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,

(b) for “that Act” substitute “the National Health Service Act 2006”, and

Copyright, Designs and Patents Act 1988 (c. 48)

44

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)—

(a) 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

(b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)

45

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”.

Road Traffic Act 1988 (c. 52)

46

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”.

Children Act 1989 (c. 41)

47

The Children Act 1989 is amended as follows.

48

In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in each place where it occurs), and

(c) 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”.

49

In section 24 (persons qualifying for advice and assistance), in subsection (2)—

(a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and

(b) 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”.

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

In section 27 (co-operation between authorities), in subsection (3)—

(a) after paragraph (c) insert—

(ca) the National Health Service Commissioning Board;”, and

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

52

In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in both places where it occurs),

(c) 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

(d) omit “a Strategic Health Authority,”.

53

In section 47 (local authority's duty to investigate), in subsection (11)—

(a) after paragraph (c) insert—

(ca) the National Health Service Commissioning Board;”, and

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

54

In section 80 (inspection of children's homes)—

(a) in subsection (1), in paragraph (d) —

(i) omit “, Primary Care Trust”, and

(ii) 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”,

(b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(ea) person providing accommodation for a child 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;

55

In section 85 (children accommodated by health authorities)—

(a) in subsection (1) omit “Primary Care Trust,”, and

(b) after subsection (2) insert—

(2ZA) Where a child is provided with accommodation— (a) by a body which is not mentioned in subsection (1), and (b) 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, subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.

56

(1) Section 105 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) before the definition of “community home” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

(b) omit the definition of “Primary Care Trust”, and

(3) After subsection (7) insert—

(7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act). (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act.

Local Government and Housing Act 1989 (c. 42)

57

In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert—

(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;

National Health Service and Community Care Act 1990 (c. 19)

58

The National Health Service and Community Care Act 1990 is amended as follows.

59

In section 47 (assessment of needs for community care services), in subsection (3)—

(a) before paragraph (a) insert—

(za) that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act),

(b) in paragraph (a), omit “Primary Care Trust or”,

(d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and

(e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.

60

In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

(a) omit “Strategic Health Authority,”, and

(b) omit “Primary Care Trust,”.

61

In section 60 (removal of crown immunities), in subsection (7)—

(a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b) in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.

Access to Health Records Act 1990 (c. 23)

62

The Access to Health Records Act 1990 is amended as follows.

63

In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and

(ii) omit “Trust or”, and

(b) in paragraph (aa)—

(i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”, and

(ii) omit “Trust, Authority or”.

64

In section 11 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a)—

(i) omit “Strategic Health Authority,”,

(ii) for “, Local” substitute “or Local”, and

(iii) omit “or Primary Care Trust”,

(b) omit the definition of “Primary Care Trust”, and

London Local Authorities Act 1991 (c. xiii)

65

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)”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

66

In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—

(a) in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”,

(b) in that paragraph, after “or” (in the first place it occurs) insert “a”,

(d) in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”,

(e) in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”,

(f) 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

(g) in the words after that paragraph, omit “Trust, Authority or.”

Health Service Commissioners Act 1993 (c. 46)

67

The Health Service Commissioners Act 1993 is amended as follows.

68

In section 2 (health service bodies subject to investigation), in subsection (1)—

(a) omit paragraph (a),

(b) omit paragraph (da), and

(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.

69

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”.

70

(1) Section 14 (reports etc. by the Commissioner) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

(3) In subsection (2A)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(4) In subsection (2C)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(5) Omit subsection (2E)(e).

(6) In subsection (2G)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

Health Authorities Act 1995 (c. 17)

71

In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2—

(a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.

Employment Rights Act 1996 (c. 18)

72

The Employment Rights Act 1996 is amended as follows.

73

In section 43K (extension of meaning of “worker” etc for Part 4A)—

(a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National Health Service Commissioning Board”,

(b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”, and

(c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning Board, or the”.

74

In section 50 (right to time off for public duties), in subsection (8)—

(a) before paragraph (a) insert—

(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and

(ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

75

In section 218 (change of employer), in subsection (10)—

(a) before paragraph (a) insert—

(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,

(b) omit paragraph (a),

(d) omit paragraph (bb), and

(e) in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

76

In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)—

(a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “a Strategic Health Authority,”, and

Education Act 1996 (c. 56)

77

The Education Act 1996 is amended as follows.

78

(1) Section 322 (duty of certain bodies to help local authorities) is amended as follows.

(2) In subsection (1)—

(a) after “another local authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(b) omit “or a Primary Care Trust”, and

(3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.

(4) In subsection (3), in paragraph (a)—

(a) after “request is made of” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(b) omit “or Primary Care Trust”, and

(5) In subsection (4)—

(a) for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board”, and

(b) omit “or a trust”.

79

(1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.

(2) In subsection (1)—

(a) after “where” insert “a clinical commissioning group,” and

(b) omit “a Primary Care Trust,”.

(3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.

(4) In subsection (3) for “trust” substitute “other body”.

80

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”.

Audit Commission Act 1998 (c. 18)

81

In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Data Protection Act 1998 (c. 29)

82

In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—

(a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,

(b) in subsection (3), omit paragraph (a),

(aa) 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, (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, that Act,

, and

(d) in that subsection, omit paragraph (bb).

Crime and Disorder Act 1998 (c. 37)

83

The Crime and Disorder Act 1998 is amended as follows.

84

In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.

85

In section 38 (local provision of youth justice services), in subsection (2)(b)—

(a) after “local probation board” insert “, clinical commissioning group or”, and

(b) omit “, Strategic Health Authority,”, and

86

In section 39 (Youth Offending Teams), in subsection (3)(b)—

(a) after “local probation board” insert “, clinical commissioning group or”,

(b) omit “, Strategic Health Authority,”, and

87

In that section, in subsection (5)(d)—

(a) after “nominated by” insert “a clinical commissioning group or”, and

(b) omit “a Primary Care Trust or”.

88

In section 41 (the Youth Justice Board), in subsection (10)—

(a) after “provider of probation services,” insert “a clinical commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “and”, and

89

In section 42 (supplementary provisions), in subsection (3)—

(a) after “provider of probation services,” insert “a clinical commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “or”, and

90

In section 115, in subsection (2) (disclosure of information to relevant authorities)—

(a) omit paragraph (ea),

(b) after paragraph (f) insert—

(fa) the National Health Service Commissioning Board; (fb) a clinical commissioning group;

, and

Health Act 1999 (c. 8)

91

The Health Act 1999 is amended as follows.

92

In section 61 (English and Scottish border provisions)—

(a) in subsection (2)—

(i) after “Secretary of State” insert “, the National Health Service Commissioning Board”,

(ii) after “any” insert “clinical commissioning group”,

(iii) omit “Strategic Health Authority”, and

(iv) omit “or Primary Care Trust”, and

(b) in subsection (5)—

(i) after “any” insert “clinical commissioning group”, and

(ii) omit “Primary Care Trust”.

93

In Schedule 4 (amendments relating to Primary Care Trusts)—

(a) omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and

(b) omit paragraphs 3(c), 82 and 85(2).

Greater London Authority Act 1999 (c. 29)

94

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)—

(a) omit paragraph (f),

(b) omit paragraph (g), and

(ga) 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, (gb) the National Health Service Commissioning Board, (gc) any clinical commissioning group (established under section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London,

Care Standards Act 2000 (c. 14)

95

In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of “National Health Service body”—

(a) omit “a Strategic Health Authority,”, and

(b) omit “, a Primary Care Trust”.

Government Resources and Accounts Act 2000 (c. 20)

96

(1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows.

(2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.

(3) Omit subsection (3).

(4) In subsection (4) for “that subsection” substitute “subsection (1)”.

Local Government Act 2000 (c. 22)

97

In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)—

(a) before paragraph (b) insert—

(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group, or

, and

(b) omit paragraph (c) and the preceding “or”.

Regulation of Investigatory Powers Act 2000 (c. 23)

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000 (c. 36)

99

In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—

(a) omit paragraph 36A,

(b) before paragraph 38 insert—

(37A) The National Health Service Commissioning Board. (37B) A clinical commissioning group established under section 14D of the National Health Service Act 2006.

, and

International Development Act 2002 (c. 1)

100

In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—

(a) before the entry for a Health Board insert— “ the National Health Service Commissioning Board a clinical commissioning group ”,

(b) omit the entry for a Primary Care Trust, and

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

101

The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

102

Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).

103

Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).

Adoption and Children Act 2002 (c. 38)

104

The Adoption and Children Act 2002 is amended as follows.

105

In section 4 (assessments etc for adoption support services), in subsection (9)—

(a) before paragraph (a) insert—

(za) there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act),

(b) in paragraph (a) omit “a Primary Care Trust”, and

(i) after “notify that” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

106

In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—

(a) before paragraph (d) insert—

(ca) the National Health Service Commissioning Board,”, and

(b) in paragraph (d)—

(i) omit “, Primary Care Trust”, and

(ii) before “(in Wales,” insert “, clinical commissioning group”.

Nationality, Immigration and Asylum Act 2002 (c. 41)

107

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)—

(a) omit sub-paragraph (i),

(b) before sub-paragraph (ii) insert—

(ia) the National Health Service Commissioning Board, (ib) a clinical commissioning group established under section 14D of the National Health Service Act 2006, (ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,

, and

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

108

The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

109

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”.

110

In section 9 (dispute resolution)—

(a) in subsection (1) omit “by Strategic Health Authorities in England and”,

(b) at the end of that subsection insert “in relation to Wales”,

(i) “Strategic Health Authority or”, and

(ii) “Authority or”,

(d) in subsection (3)—

(i) for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,

(ii) omit “a Strategic Health Authority or”, and

(iii) omit “Authority or”, and

(e) in subsection (4)(a) omit “Strategic Health Authority or”.

Licensing Act 2003 (c. 17)

111

The Licensing Act 2003 is amended as follows.

112

In section 5(3) (statement of licensing policy)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

(bb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,

113

In section 13(4) (authorised persons, interested parties and responsible authorities)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

(bb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,

114

In section 16 (applicant for premises licence), in subsection (3), in the definition of “health service body” omit paragraph (b).

115

In section 69(4) (authorised persons, interested parties and responsible authorities)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

(bb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,

116

In section 172B(4) (procedural requirements for early morning alcohol restriction order)—

(a) in paragraph (d) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

(da) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order,

Sexual Offences Act 2003 (c. 42)

117

In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of “National Health Service body”—

(a) after paragraph (b) insert—

(ba) 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, (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,

, and

(b) omit paragraph (c).

118

The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

119

In section 71 (reporting to Secretary of State and regulator)—

(a) in subsection (2), after “special measures” insert “or request another person to take special measures”, and

(b) omit subsections (3) and (4).

120

In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—

(d) anything done by the National Health Service Commissioning Board or a clinical commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act 2006.

121

In section 148 (interpretation of Part 2), in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;

122

In section 160 (provision of information)—

(a) in subsection (1), after paragraph (g) insert—

(h) if the injured person received NHS treatment pursuant to arrangements made by a clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the clinical commissioning group.

, and

(b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.

123

In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)—

(a) omit sub-paragraph (i), and

(b) before sub-paragraph (ii) insert—

(ia) the National Health Service Commissioning Board, (ib) a clinical commissioning group,

Criminal Justice Act 2003 (c. 44)

124

In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)—

(a) after subsection (6)(b) insert—

(ba) the National Health Service Commissioning Board,

(b) after subsection (6)(d) insert—

(da) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,

(d) in subsection (6)(g)—

(i) after “every” insert “clinical commissioning group or”, and

(ii) omit “Primary Care Trust or”.

Carers (Equal Opportunities) Act 2004 (c. 15)

125

(1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows.

(2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.

(3) In subsection (3) after “provide” insert “or arrange for the provision of”.

(4) In subsection (5)—

(a) omit the “and” at the end of paragraph (c) and insert—

(ca) 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, (cb) the National Health Service Commissioning Board, and

, and

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

126

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)—

(a) after the entry for local probation boards insert—

the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006;

(b) omit the entry for Strategic Health Authorities, and

Children Act 2004 (c. 31)

127

The Children Act 2004 is amended as follows.

128

In section 10 (co-operation to improve wellbeing), in subsection (4)—

(a) after paragraph (d) insert—

(da) the National Health Service Commissioning Board;

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

(db) any clinical commissioning group for an area any part of which falls within the area of the authority;

, and

129

In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—

(a) after paragraph (b) insert—

(ba) the National Health Service Commissioning Board;

(b) after paragraph (ba) (as inserted by paragraph (a) above) insert—

(bb) a clinical commissioning group;

(d) omit paragraph (e).

130

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)”.

131

In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—

(a) after paragraph (d) insert—

(da) the National Health Service Commissioning Board;

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

(db) any clinical commissioning group for an area any part of which falls within the area of the authority;

, and

Civil Contingencies Act 2004 (c. 36)

132

(1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.

(2) In Part 1 (which contains the general list of Category 1 responders)—

(a) after the cross-heading “Health” insert—

(4A) The National Health Service Commissioning Board.

, and

(b) omit paragraph 7.

(3) In Part 3 (which contains the general list of Category 2 responders)—

(a) after the cross-heading “Health” insert—

(29ZA) A clinical commissioning group established under section 14D of the National Health Service Act 2006.

, and

(b) omit paragraph 29A.

Mental Capacity Act 2005 (c. 9)

133

The Mental Capacity Act 2005 is amended as follows.

134

In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible authority”,

(b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and

(6A) In subsections (1) and (4), “the responsible authority” means— (a) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and (b) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers. (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.

135

In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.

136

(1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.

(2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—

(a) in paragraph (a) omit “Primary Care Trust,”,

(b) in that paragraph omit “Strategic Health Authority,”,

(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State;

, and

(d) in paragraph (b) omit “Primary Care Trust,”.

(3) In paragraph 180 (supervisory bodies: hospitals in England)—

(a) for sub-paragraph (2) substitute—

(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.

(b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,

(d) after sub-paragraph (4) insert—

(4A) Local authority” means— (a) the council of a county; (b) the council of a district for which there is no county council; (c) the council of a London borough; (d) the Common Council of the City of London; (e) the Council of the Isles of Scilly.

, and

(e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.

(4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—

(3) But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority. (4) “Local authority” means— (a) the council of a county; (b) the council of a district for which there is no county council; (c) the council of a London borough; (d) the Common Council of the City of London; (e) the Council of the Isles of Scilly.

(5) Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.

(6) In that paragraph—

(a) in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and

(b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.

Childcare Act 2006 (c. 21)

137

In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)—

(a) before paragraph (a) insert—

(za) the National Health Service Commissioning Board;”, and

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group”,

(ii) omit “a Strategic Health Authority”, and

(iii) omit “or Primary Care Trust”.

Emergency Workers (Obstruction) Act 2006 (c. 39)

138

In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—

(a) in subsection (5), in paragraph (a)—

(i) 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

(ii) omit “, Primary Care Trust”, and

(b) after that subsection insert—

(6) In subsection (5)(a) above “public health functions”— (a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National Health Service Act 2006; (b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

139

In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—

(a) 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

(b) 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).

NHS Redress Act 2006 (c. 44)

140

The NHS Redress Act 2006 is amended as follows.

141

In section 1, in subsection (3)—

(a) after paragraph (a) insert—

(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group,

(b) omit paragraph (b),

(d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

142

In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic Health Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

143

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

144

In section 6 (regulated activity providers)—

(a) omit subsection (8D), and

(b) before subsection (9) insert—

(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).

145

In section 17 (NHS employment) in subsection (3)—

(a) before paragraph (a) insert—

(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;

(b) omit paragraph (b), and

146

In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of “hospital services” omit paragraph (d).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

147

In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of “relevant NHS body”—

(a) before paragraph (a) insert—

(za) the National Health Service Commissioning Board;”, and

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group,”

(ii) omit “a Strategic Health Authority,”, and

(iii) omit “Primary Care Trust,”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

148

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

149

(1) Section 222 (arrangements relating to local care services) is amended as follows.

(2) In subsection (3)—

(a) after paragraph (c) insert

or (ca) a clinical commissioning group.

(b) omit paragraph (d), and

(3) After that subsection insert—

(3A) The arrangements must not be made with the National Health Service Commissioning Board.

150

In section 224 (duties of services-providers to respond to local involvement networks)—

(a) for “services-provider”, in each place it appears, substitute “responsible person”,

(b) in subsection (2), before paragraph (a) insert—

(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;

(d) in the title, for “services-providers” substitute “responsible persons”.

151

In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c).

152

In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) omit “and”,

(d) omit the words from “any” to the end.

Criminal Justice and Immigration Act 2008 (c. 4)

153

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).

154

The Health and Social Care Act 2008 is amended as follows.

155

In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) before paragraph (a) insert—

(za) in any case where regulations so provide, to the National Health Service Commissioning Board,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

156

In section 39 (bodies required to be notified of certain matters), in subsection (1)—

(a) before paragraph (a) insert—

(za) in any case where regulations so provide, to the National Health Service Commissioning Board,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

157

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

158

In section 48 (special reviews and investigations)—

(a) in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—

(ba) the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006,

, and

(b) in subsection (8) omit paragraph (a) and the word “or” immediately following it.

159

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

160

In section 54 (studies as to economy, efficiency etc)—

(a) omit subsection (2)(b), and

(b) in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.

161

In section 59 (additional functions) at the end insert—

(3) The references in subsection (1) to English NHS bodies do not include references to the National Health Service Commissioning Board or clinical commissioning groups.

162

In section 64 (power to require documents and information), in subsection (2)(b)—

(a) after “commissioned by” insert

— (i) the National Health Service Commissioning Board, (ii) a clinical commissioning group, or (iii)

, and

(b) omit “a Primary Care Trust”.

163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

164

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

165

In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—

(aa) the National Health Service Commissioning Board,

166

(1) Section 97 (general interpretation of Part 1) is amended as follows.

(2) In subsection (1) in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(ca) the National Health Service Commissioning Board, (cb) a clinical commissioning group,

(3) In that subsection in the definition of “English NHS provider” omit paragraph (a).

(4) In that subsection in the definition of “NHS care”—

(a) after “health care” insert

— (a) commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or (b)

, and

(b) omit from “provided by” to the end.

(5) After subsection (2) insert—

(2A) Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).

(6) Omit subsection (3).

167

In section 153 (directions to certain NHS bodies) in subsection (1)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Education and Skills Act 2008 (c. 25)

168

The Education and Skills Act 2008 is amended as follows.

169

In section 16 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(da) a clinical commissioning group,

170

In section 77 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(da) a clinical commissioning group,

Autism Act 2009 (c. 15)

171

In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

172

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Act 2009 (c. 21)

173

The Health Act 2009 is amended as follows.

174

In each of the following provisions for “NHS services” substitute “health services”—

(a) the title to Part 1,

(b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and

175

(1) Section 2 (duty to have regard to NHS constitution) is amended as follows.

(2) In subsection (1), for “NHS functions” substitute “health service functions”.

(3) In subsection (2)—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(ca) the National Health Service Commissioning Board; (cb) clinical commissioning groups; (cc) local authorities (within the meaning of section 2B of the National Health Service Act 2006);

(4) In subsection (3), for “an “NHS function”” substitute “a “health service function””.

(5) In subsection (4)—

(a) before paragraph (a) insert—

(za) provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,

(b) omit the word “or” at the end of paragraph (a), and

, or (c) provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.

(6) In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.

176

(1) Section 3 (availability and review of NHS constitution) is amended as follows.

(2) In subsection (3), omit paragraph (d).

(3) Omit subsection (8).

177

(1) Section 8 (duty of providers to publish information) is amended as follows.

(2) In subsection (1) for “NHS services” (in each place where it occurs) substitute “relevant health services”.

(3) Omit subsection (2)(a).

(4) In subsection (3) for paragraphs (a) to (c) substitute—

(a) provides health services as mentioned in section 2(4)(za) or (a), or (b) in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes arrangements for another person to provide health services,

(5) For subsection (6) substitute—

(6) In this section— - “health services” has the same meaning as in Chapter 1; - “relevant health services” means health services the provision of which is arranged by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006 or under or by virtue of Parts 4 to 7 of that Act.

178

In section 9 (supplementary provision about the duty to publish information), in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.

179

In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert—

(aa) the National Health Service Commissioning Board;

Equality Act 2010 (c. 15)

180

The Equality Act 2010 is amended as follows.

181

In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—

(a) omit paragraph (h), and

(b) omit paragraph (i).

182

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—

(a) at the beginning insert—

The National Health Service Commissioning Board. A clinical commissioning group established under section 14D of the National Health Service Act 2006.

(b) in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,

(d) omit the entry for a Strategic Health Authority.

Child Poverty Act 2010 (c. 9)

183

In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—

(a) after paragraph (e) insert—

(ea) a clinical commissioning group;

(b) omit paragraph (f), and

Charities Act 2011 (c. 25)

184

In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7)—

(a) omit paragraph (a),

(b) omit paragraph (b),

(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group, (bc) trustees for the National Health Service Commissioning Board appointed in pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or (bd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that Act,

, and

(d) omit paragraph (f).

SCHEDULE 6

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modification of requirements as to consultation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions under section 7 of the 2006 Act

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of Secretary of State’s functions in relation to Primary Care Trusts

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditional establishment of clinical commissioning groups

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of functions of clinical commissioning groups during initial period

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparatory work by clinical commissioning groups

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements between PCTs and clinical commissioning groups during initial period

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make payments to the Board during initial period

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for clinical commissioning groups during initial period

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Parliamentary Commissioner Act 1967 (c. 13)

1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a) omit the entry for the Health Protection Agency, and

(b) in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)

2

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.

Local Government Act 1972 (c. 70)

3

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.

Health and Safety at Work etc. Act 1974 (c. 37)

4

The Health and Safety at Work etc. Act 1974 is amended as follows.

5

In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in particular,” to the end.

6

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”.

House of Commons Disqualification Act 1975 (c. 24)

7

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.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8

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.

Employment Rights Act 1996 (c. 18)

9

In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)

10

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency.

International Development Act 2002 (c. 1)

11

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.

Nationality, Immigration and Asylum Act 2002 (c. 41)

12

(1) 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.

(2) In paragraph (a)—

(a) before sub-paragraph (i) insert—

(ai) the Secretary of State,

, and

(b) omit sub-paragraph (vi) and the “or” preceding it.

(3) In paragraph (b)—

(a) after sub-paragraph (i) insert “or”, and

(b) omit sub-paragraph (iv) and the “or” preceding it.

(4) In paragraph (c)—

(a) before sub-paragraph (i) insert—

(ai) the Secretary of State,

(b) after sub-paragraph (iia) insert “or”, and

(5) In paragraph (d)—

(a) after sub-paragraph (ii) insert—

(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or

, and

(b) omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)

13

The Scottish Public Services Ombudsman Act 2002 is amended as follows.

14

In section 7 (matters which may be investigated: restrictions), omit subsection (6A).

15

In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

Civil Contingencies Act 2004 (c. 36)

16

In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—

(9) The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of — (a) the Secretary of State's functions under section 2A of the National Health Service Act 2006, (b) the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or (c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.

National Health Service Act 2006 (c. 41)

17

The National Health Service Act 2006 is amended as follows.

18

In section 9 (NHS contracts), in subsection (4) omit paragraph (j).

19

In section 71 (schemes for meeting losses and liabilities of certain health bodies)—

(a) in subsection (2) omit paragraph (g), and

(b) in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)

20

The National Health Service (Wales) Act 2006 is amended as follows.

21

In section 7 (NHS contracts), in subsection (4) omit paragraph (j).

22

In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)—

(a) after paragraph (b) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

23

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).

24

In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6).

25

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).

SCHEDULE 8

Membership

1

(1) Monitor is to consist of—

(a) a chair appointed by the Secretary of State,

(b) at least four other members so appointed, and

(2) The number of executive members must be less than the number of non-executive members.

(3) In this Schedule—

(a) references to non-executive members of Monitor are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and

(b) references to executive members of Monitor are references to the other members.

The chief executive and other executive members: appointment and status

2

(1) The chief executive and the other executive members of Monitor are to be appointed by the non-executive members.

(2) A person may not be appointed as chief executive or as another executive member without the consent of the Secretary of State.

(3) The non-executive members may not appoint more than five executive members without the consent of the Secretary of State.

(4) The chief executive and the other executive members are to be employees of Monitor.

Non-executive members: tenure

3

(1) A person holds and vacates office as a non-executive member of Monitor in accordance with that person's terms of appointment.

(2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.

(3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(4) 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).

(5) A person may not be appointed as a non-executive member for a period of more than four years.

(6) A person who ceases to be a non-executive member is eligible for re-appointment.

Suspension from office

4

(1) This paragraph applies where a person is suspended under paragraph 3(4).

(2) 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.

(3) The notice may be—

(a) delivered in person (in which case, the person is taken to receive it when it is delivered), or

(b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).

(4) The initial period of suspension must not exceed six months.

(5) The Secretary of State may at any time review the suspension.

(6) The Secretary of State—

(a) must review the suspension if requested in writing by the person to do so, but

(b) need not review the suspension less than three months after the beginning of the initial period of suspension.

(7) Following a review during a period of suspension, the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the person for another period of not more than six months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office under paragraph 3(3), or

(b) decides that there are grounds to do so but does not remove the person from office under that provision.

5

(1) 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.

(2) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair's suspension, and

(b) the remainder of the interim chair's term as a non-executive member.

(3) A person who ceases to be the interim chair is eligible for re-appointment.

Payment of non-executive members

6

(1) Monitor must pay to its non-executive members such remuneration and allowances as the Secretary of State may determine.

(2) 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.

(3) 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.

Staff

7

(1) Monitor may appoint such persons to be employees of Monitor as it considers appropriate.

(2) Employees of Monitor are to be paid such remuneration and allowances as Monitor may determine.

(3) Employees of Monitor are to be appointed on such other terms and conditions as Monitor may determine.

(4) 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.

(5) 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.

Superannuation

8

(1) 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.

(2) 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)).

(3) Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment are listed), at the end of the list of “Other Bodies” insert— “ Monitor ”.

(4) 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.

Committees

9

(1) Monitor may appoint such committees and sub-committees as it considers appropriate.

(2) A committee or sub-committee may consist of or include persons who are not members or employees of Monitor.

(3) Monitor may pay such remuneration and allowances as it determines to any person who—

(a) is a member of a committee or sub-committee, but

(b) is not an employee of Monitor,

whether or not that person is a non-executive member of Monitor.

Procedure

10

(1) Monitor may regulate its own procedure.

(2) 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.

Exercise of functions

11

(1) Monitor must exercise its functions effectively, efficiently and economically.

(2) Monitor may arrange for the exercise of its functions on its behalf by—

(a) a non-executive member;

(b) an employee (including the chief executive);

(2A) Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Assistance

12

(1) Monitor may arrange for persons to assist it in the exercise of its functions in relation to—

(a) a particular case, or

(b) cases of a particular description.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Borrowing

13

(1) Monitor may, with the consent of the Secretary of State, borrow money temporarily by way of overdraft.

(2) 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.

Acquiring information

14

(1) Monitor may obtain, compile and keep under review information about matters relating to the exercise of its functions.

(2) 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.

(3) In exercising the power under sub-paragraph (1), Monitor may carry out, commission or support (financially or otherwise) research.

General power

15

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.

Finance

16

(1) 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.

(2) 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.

Accounts of NHS foundation trusts

17

(1) Monitor must prepare in respect of each financial year a set of accounts which consolidates the annual accounts of all NHS foundation trusts.

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