Health and Social Care Act 2012, SCHEDULE 5 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 5:

Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
s. 261(5A) inserted by 2026 c. 8 s. 3(3)
s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)
Sch. 5 para. 78 omitted by 2018 anaw 2 Sch. 1 para. 6(q)
Sch. 5 para. 79 omitted by 2018 anaw 2 Sch. 1 para. 6(q)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 9 Ch. 1B inserted by 2022 c. 31 s. 96
s. 105(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 21
s. 106(3A) (3B) inserted by 2013 c. 24 Sch. 14 para. 22
s. 259(1)(aa)(b) substituted for s. 259(1)(b) by 2022 c. 31 s. 98(b)
s. 259(1)(aa) words substituted by S.I. 2023/98 Sch. para. 17(11)(a)(iii) (This amendment comes in force at the same time as 2022 c. 31, s. 98 comes into force)
s. 259(10A)(10B) inserted by 2022 c. 31 s. 98(h)
s. 261(5)(da) inserted by 2026 c. 8 s. 3(2)
s. 261(5A) inserted by 2026 c. 8 s. 3(3)
s. 261(6A)(6B) inserted by 2026 c. 8 s. 3(4)

SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

Section 55(2)

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)

1

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—

(a)

in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”, and

(b)

omit the definition of “Primary Care Trust”.

National Assistance Act 1948 (c. 29)

2

The National Assistance Act 1948 is amended as follows.

3 (1)

Section 24 (local authority’s liability for provision of accommodation) is amended as follows.

(2)

In subsections (6A) and (6B)—

(a)

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

(b)

omit “Primary Care Trust or”.

(3)

After subsection (6B), insert—

“(6C)

The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board.”

4

In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)—

(a)

after “such” insert “clinical commissioning group or”, and

(b)

omit “Primary Care Trust or”.

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)

5

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—

(a)

in the first column (headed “capacity”), after “Officer of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b)

in that column, omit “a Strategic Health Authority,”,

(c)

in the second column (headed “paying authority”), after “The” insert “National Health Service Commissioning Board, clinical commissioning group,”, and

(d)

in that column, omit “Strategic Health Authority,”.

Public Records Act 1958 (c. 51)

6

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—

(a)

after “Authorities including” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,

(b)

after “records of trust property passing to” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(c)

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”,

(d)

after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”, and

(e)

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”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

7

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1—

(a)

omit paragraph (ea),

(b)

before paragraph (g) insert—

“(fa)

the National Health Service Commissioning Board, except as regards the exercise of functions under the National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or replacing those Regulations;”, and

(c)

omit paragraph (gg).

Parliamentary Commissioner Act 1967 (c. 13)

8

In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8—

(a)

in sub-paragraph (1)—

(i)

after “Secretary of State by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group”,

(ii)

omit “a Strategic Health Authority,”, and

(iii)

omit “, a Primary Care Trust”, and

(b)

in sub-paragraph (2)—

(i)

after “action taken by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or”,

(ii)

omit “a Strategic Health Authority,”, and

(iii)

omit “or Primary Care Trust”.

Abortion Act 1967 (c. 87)

9

In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

Leasehold Reform Act 1967 (c. 88)

10

In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—

(a)

in subsection (5), in paragraph (d)—

(i)

after “to” insert “the National Health Service Commissioning Board, any clinical commissioning group,”,

(ii)

omit “any Strategic Health Authority,”, and

(iii)

omit “, any Primary Care Trust”, and

(b)

in subsection (6), in paragraph (c)—

(i)

after “in the case of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(ii)

omit “a Strategic Health Authority,”, and

(iii)

omit “, Primary Care Trust”.

Health Services and Public Health Act 1968 (c. 46)

11

The Health Services and Public Health Act 1968 is amended as follows.

12 (1)

Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows.

(2)

In subsection (1)—

(a)

after “servants of” insert “the National Health Service Commissioning Board or a clinical commissioning group,”,

(b)

omit “a Strategic Health Authority,”, and

(c)

omit “, Primary Care Trust”.

(3)

In subsection (2)—

(a)

in paragraph (a) before “or the council” insert “, the National Health Service Commissioning Board, a clinical commissioning group”, and

(b)

in paragraph (b) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.

(4)

In subsection (5A)—

(a)

omit “Strategic Health Authority” (in each place where it occurs), and

(b)

omit “, Primary Care Trust” (in each place where it occurs).

(5)

In subsection (5B)—

(a)

omit paragraph (za), and

(b)

omit paragraph (bb).

13

In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—

(a)

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”,

(b)

for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,

(c)

omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and

(d)

omit “Primary Care Trust or”.

Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

14

In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(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

(b)

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

Chronically Sick and Disabled Persons Act 1970 (c. 44)

16 (1)

Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows.

(2)

In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.

(3)

In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—

(a)

for “The Secretary of State” substitute “The Welsh Ministers”,

(b)

for “each House of Parliament” substitute “the National Assembly for Wales”,

(c)

for “as he considers” substitute “as they consider”, and

(d)

for “in him” substitute “in them”.

Local Government Act 1972 (c. 70)

17

In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)—

(a)

in subsection (1A)—

(i)

after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,

(ii)

after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,

(iii)

omit “Primary Care Trust,” (in each place where it occurs),

(iv)

in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service Commissioning Board,”, and

(v)

in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service Commissioning Board,”, and

(b)

in subsection (4)—

(i)

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,”,

(ii)

before “ “NHS trust”” insert “ “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and

(iii)

omit the words from “and “Primary Care Trust”” to the end.

Local Government Act 1974 (c. 7)

18

In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—

“(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

(c)

omit “, trust” in each place it appears.

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”,

(c)

in paragraph (b), at the beginning insert “the National Health Service Commissioning Board 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,”,

(c)

for “, Special Health Authority” substitute “or Special Health Authority”, and

(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,”,

(c)

for “, Special Health Authority” substitute “or Special Health Authority”, and

(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”,

(c)

omit the definition of “Primary Care Trust”, and

(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”,

(c)

omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and

(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

(c)

in subsection (9) in the definition of “health authority”, in paragraph (a)—

(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

(c)

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

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”.

F150

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

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

(c)

after that paragraph insert—

“(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

(c)

omit the definition of “Strategic Health Authority”.

(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”,

(c)

in that paragraph omit “the National Health Service Act 2006 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

(c)

omit the definition of “Strategic Health Authority”.

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”,

(c)

in the words after paragraph (b) in that subsection, omit “authority or”,

(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

(c)

after paragraph (db) insert—

“(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),

(c)

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

(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

(c)

omit “, Primary Care Trust”.

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

(c)

for “the board, authority or trust” substitute “that body”.

(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

(c)

for “that board or trust” substitute “that body”.

(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),

(c)

in that subsection, before paragraph (b) insert—

“(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

(c)

omit “or Primary Care Trust”.

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

(c)

omit “or Primary Care Trust”.

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

(c)

omit “and a Primary Care Trust”.

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

(c)

omit “or a Primary Care Trust”.

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

(c)

omit paragraph (g).

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

(c)

before paragraph (h) insert—

“(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)

F298

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

>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

(c)

omit paragraph 39.

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

(c)

omit the entry for a Strategic Health Authority.

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

(c)

in the text following paragraph (b)—

(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

(c)

omit sub-paragraph (iii).

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”,

(c)

in subsection (2) omit —

(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).

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,”,

(c)

in subsection (6)(f) omit “or Strategic Health Authority”, and

(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

(c)

omit the entry for Primary Care Trusts.

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

(c)

omit paragraph (e).

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;”,

(c)

omit paragraph (c), and

(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

(c)

omit paragraph (e).

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

(c)

after subsection (6) insert—

“(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,”,

(c)

after that paragraph insert—

“(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”,

(c)

in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,

(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),

(c)

omit paragraph (c), and

(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

(c)

omit paragraph (f).

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

(c)

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

(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;”,

(c)

in that subsection, omit paragraph (c), and

(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”,

(c)

omit “each Strategic Health Authority,”, 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).

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

(c)

before paragraph (e) insert—

“(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

(c)

before paragraph (e) insert—

“(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

(c)

before paragraph (d) insert—

“(ca)

the National Health Service Commissioning Board;

(cb)

a clinical commissioning group;”.

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

F7172

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

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

(c)

the definitions of “carers”, “patients” and “staff” in section 3(7).

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

(c)

before paragraph (d) insert—

“(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

(c)

after paragraph (b) insert“, 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”,

(c)

omit the entry for a Primary Care Trust, and

(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

(c)

omit paragraph (g).

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),

(c)

before paragraph (c) insert—

“(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).