Legislation – Health and Care Act 2022
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There are currently no known outstanding effects for the Health and Care Act 2022, SCHEDULE 3.
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SCHEDULE 3Conferral of primary care functions on integrated care boards etc
PART 1Conferral of functions etc
Preliminary
1
The National Health Service Act 2006 is amended as follows.
Power to require NHS England to continue to exercise certain primary care functions
2
In section 3B (Secretary of State’s power to require NHS England to commission services), in subsection (1)—
(a)
“(za)
primary medical services of a prescribed description;”;
(b)
“(aa)
primary ophthalmic services of a prescribed description;”.
Medical services
3
“Meaning of primary medical services
82APrimary medical services for purposes of this Act
(1)
Regulations may provide that services of a prescribed description must, or must not, be regarded as primary medical services for the purposes of this Act.
(2)
Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided.
Duty of integrated care boards to arrange primary medical services
82BDuty of integrated care boards to arrange primary medical services
(1)
Each integrated care board must exercise its powers so as to secure the provision of primary medical services to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility.
(2)
For the purposes of this section an integrated care board has responsibility for—
(a)
the group of people for whom it has core responsibility (see section 14Z31), and
(b)
such other people as may be prescribed (whether generally or in relation to a prescribed service).
General functions
83General power to make arrangements
(1)
An integrated care board may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging its functions under section 82B (and may, in particular, make contractual arrangements with any person).
(2)
NHS England may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person).
(3)
The arrangements that may be made under this section include—
(a)
in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);
(b)
in the case of NHS England, arrangements for the performance of a service outside England.
(4)
Arrangements under this section may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements.
(5)
The powers under this section are in addition to the powers conferred by sections 84 and 92.
83APublication of information
Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act.”
4
(1)
Section 84 (general medical services contracts: introductory) is amended as follows.
(2)
In subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
(3)
In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”
.
(4)
“(4)
The services to be provided under a general medical services contract may include services which are not primary medical services.
(4A)
The services to be provided under a general medical services contract may include—
(a)
in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);
(b)
in the case of a contract entered into by NHS England, services to be performed outside England.
(4B)
A general medical services contract may confer discretions on a person with whom it is made in relation to anything to be provided under the contract.”
(5)
In subsection (5), for “the Board” substitute “the integrated care board or NHS England”
.
5
In section 86 (persons eligible to enter into GMS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
6
In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”
.
7
(1)
Section 89 (GMS contracts: other required terms) is amended as follows.
(2)
Omit subsections (1A) to (1E).
(3)
In subsection (4)(a), for “the Board” substitute “an integrated care board or NHS England”
.
8
(1)
Section 91 (persons performing primary medical services) is amended as follows.
(2)
In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”
.
(3)
“(b)
an integrated care board or NHS England is responsible for a primary medical service if it secures its provision under or by virtue of any enactment.”
9
(1)
Section 92 (arrangements for the provision of primary medical services) is amended as follows.
(2)
In the heading, for “the Board” substitute “an integrated care board or NHS England”
.
(3)
“(1)
An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 83 or general medical services contracts, under which primary medical services are provided.”
(4)
“(5A)
An agreement may confer discretions on a person with whom it is made in relation to anything to be provided under the agreement.”
10
In section 93 (persons with whom agreements may be made under section 92), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
11
(1)
Section 94 (regulations about section 92 arrangements) is amended as follows.
(2)
In subsection (2), for “the Board” substitute “an integrated care board or NHS England”
.
(3)
“(ca)
provide that section 92 arrangements made by an integrated care board may be made in relation to services to be performed outside its area (whether or not in England),
(cb)
provide that section 92 arrangements made by NHS England may be made in relation to services to be performed outside England,”.
(4)
Omit subsections (3A) to (3E).
(5)
In subsection (6), for “the Board” substitute “an integrated care board or NHS England”
.
(6)
In subsection (7), omit “to” in the first place it occurs.
12
(1)
Section 96 (assistance and support: primary medical services) is amended as follows.
(2)
In subsection (1)—
(a)
for “The Board” substitute “An integrated care board”
;
(b)
in paragraph (za), for “83(2)” substitute “83”
.
(3)
In subsection (2)—
(a)
for “the Board”, in the first place it occurs, substitute “an integrated care board”
;
(b)
for “the Board”, in the second place it occurs, substitute “the integrated care board”
.
13
(1)
Section 97 (Local Medical Committees) is amended as follows.
(2)
In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”
.
(3)
In subsection (3)(b), for “the Board” substitute “the integrated care board”
.
(4)
In subsection (6), for “the Board” substitute “an integrated care board”
.
(5)
In subsection (10)—
(a)
for “The Board” substitute “An integrated care board”
;
(b)
in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”
.
14
“98ADelegation of Secretary of State’s functions to NHS England
(1)
The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary medical services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
98BNHS England’s power to direct integrated care boards
NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”
Dental services
15
“Meaning of primary dental services
98CPrimary dental services for purposes of this Act
(1)
Regulations may provide that services of a prescribed description must, or must not, be regarded as primary dental services for the purposes of this Act.
(2)
Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided.
Duty of integrated care boards to arrange primary dental services
99Duty of integrated care boards to arrange primary dental services
(1)
Each integrated care board must exercise its powers so as to secure the provision of primary dental services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility.
(2)
For the purposes of this section an integrated care board has responsibility for—
(a)
the group of people for whom it has core responsibility (see section 14Z31), and
(b)
such other people as may be prescribed (whether generally or in relation to a prescribed service).
General functions
99AGeneral power to make arrangements
(1)
An integrated care board may make such arrangements for the provision of primary dental services as it considers appropriate for the purpose of discharging its functions under section 99 (and may, in particular, make contractual arrangements with any person).
(2)
NHS England may make such arrangements for the provision of primary dental services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person).
(3)
The arrangements that may be made under this section include—
(a)
in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);
(b)
in the case of NHS England, arrangements for the performance of a service outside England.
(4)
The powers in this section are in addition to the powers conferred by sections 100 and 107.
99BPublication of information
Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary dental services provided under this Act.”
16
(1)
Section 100 (general dental services contracts: introductory) is amended as follows.
(2)
In subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
(3)
In subsection (3)—
(a)
for “the Board” substitute “the integrated care board or NHS England (as the case may be)”
;
(b)
in paragraph (a) omit the words from “(which” to the end.
(4)
“(3A)
The services to be provided under a general dental services contract may include services which are not primary dental services.
(3B)
The services to be provided under a general dental services contract may include—
(a)
in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);
(b)
in the case of a contract entered into by NHS England, services to be performed outside England.”
(5)
In subsection (4), for “the Board” substitute “the integrated care board or NHS England”
.
17
In section 102 (persons eligible to enter into GDS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
18
In section 103 (GDS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”
.
19
In section 104 (GDS contracts: other required terms), in subsection (3), for “the Board” substitute “an integrated care board or NHS England”
.
20
(1)
Section 106 (persons performing primary dental services) is amended as follows.
(2)
In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”
.
(3)
“(b)
an integrated care board or NHS England is responsible for a primary dental service if it secures its provision under or by virtue of any enactment.”
21
(1)
Section 107 (arrangements for the provision of primary dental services) is amended as follows.
(2)
In the heading, for “the Board” substitute “an integrated care board or NHS England”
.
(3)
“(1)
An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 99A or general dental services contracts, under which primary dental services are provided.”
(4)
Omit subsection (6).
22
In section 108 (persons with whom agreements may be made under section 107), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
23
(1)
Section 109 (regulations about section 107 arrangements) is amended as follows.
(2)
In subsection (2), for “the Board” substitute “an integrated care board or NHS England”
.
(3)
“(ca)
provide that section 107 arrangements made by an integrated care board may be made in relation to services to be performed outside its area (whether or not in England),
(cb)
provide that section 107 arrangements made by NHS England may be made in relation to services to be performed outside England,”.
(4)
In subsection (6), for “the Board” substitute “an integrated care board or NHS England”
.
(5)
In subsection (7), omit “to” in the first place it occurs.
24
(1)
Section 112 (assistance and support: primary dental services) is amended as follows.
(2)
In subsection (1)—
(a)
for “The Board” substitute “An integrated care board”
;
(b)
“(za)
primary dental services pursuant to section 99A,”.
(3)
In subsection (2)—
(a)
for “the Board”, in the first place it occurs, substitute “an integrated care board”
;
(b)
for “the Board”, in the second place it occurs, substitute “the integrated care board”
.
25
(1)
Section 113 (Local Dental Committees) is amended as follows.
(2)
In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”
.
(3)
In subsection (3)—
(a)
in paragraph (a), omit sub-paragraph (i);
(b)
in paragraph (b), for “the Board” substitute “the integrated care board”
.
(4)
In subsection (6), for “the Board” substitute “an integrated care board”
.
(5)
In subsection (10)—
(a)
for “The Board” substitute “An integrated care board”
;
(b)
in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”
.
26
“114ADelegation of Secretary of State’s functions to NHS England
(1)
The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary dental services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
114BNHS England’s power to direct integrated care boards
NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”
Ophthalmic services
27
“Meaning of primary ophthalmic services
114CPrimary ophthalmic services for purposes of this Act
(1)
Regulations may provide that services of a prescribed description must, or must not, be regarded as primary ophthalmic services for the purposes of this Act (but these regulations may not affect the duty in section 115(1)(a)).
(2)
Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided.”
28
In the italic heading before section 115, for “the Board” substitute “integrated care boards”
.
29
(1)
Section 115 (primary ophthalmic services) is amended as follows.
(2)
For the heading substitute “Duty of integrated care boards to arrange primary ophthalmic services”
.
(3)
“(1)
Each integrated care board must exercise its powers so as to secure the provision of the following primary ophthalmic services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility—
(a)
the sight-testing service mentioned in subsection (2),
(b)
such other primary ophthalmic services as may be prescribed, and
(c)
to the extent that it considers necessary to meet all reasonable requirements, any further primary ophthalmic services.
(1A)
For the purposes of this section an integrated care board has responsibility for—
(a)
the group of people for whom it has core responsibility (see section 14Z31), and
(b)
such other people as may be prescribed (whether generally or in relation to a prescribed service).”
(4)
Omit subsections (4), (4A), (5), (7) and (8).
30
“General functions
116AGeneral powers to make arrangements
(1)
An integrated care board may make such arrangements for the provision of primary ophthalmic services as it considers appropriate for the purpose of discharging its functions under section 115 (and may, in particular, make contractual arrangements with any person).
(2)
NHS England may make such arrangements for the provision of primary ophthalmic services as it considers appropriate for the purpose of discharging any functions under section 3B (and may, in particular, make contractual arrangements with any person).
(3)
The arrangements that may be made under this section include—
(a)
in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);
(b)
in the case of NHS England, arrangements for the performance of a service outside England.
(4)
The powers in this section are in addition to the power conferred by section 117.
116BPublication of information
Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.”
31
(1)
Section 117 (general ophthalmic services contracts: introductory) is amended as follows.
(2)
In subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
(3)
In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”
.
(4)
“(4)
The services to be provided under a general ophthalmic services contract may include services which are not primary ophthalmic services.
(4A)
The services to be provided under a general ophthalmic services contract may include—
(a)
in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);
(b)
in the case of a contract entered into by NHS England, services to be performed outside England.”
(5)
In subsection (5), for “the Board” substitute “the integrated care board or NHS England”
.
32
In section 118 (persons eligible to enter into GOS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”
.
33
In section 119 (exclusion of contractors), in subsection (1), for “the Board” substitute “an integrated care board or NHS England”
.
34
In section 120 (GOS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”
.
35
In section 121 (GOS contracts: other required terms), in subsection (3)(a), for “the Board” substitute “an integrated care board or NHS England”
.
36
(1)
Section 123 (persons performing primary ophthalmic services) is amended as follows.
(2)
In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”
.
(3)
“(b)
an integrated care board or NHS England is responsible for a primary ophthalmic service if it secures its provision under or by virtue of any enactment.”
37
(1)
Section 124 (assistance and support: primary ophthalmic services) is amended as follows.
(2)
In subsection (1), for “The Board” substitute “An integrated care board”
.
(3)
In subsection (2)—
(a)
for “the Board”, in the first place it occurs, substitute “an integrated care board”
;
(b)
for “the Board”, in the second place it occurs, substitute “the integrated care board”
.
38
(1)
Section 125 (Local Optical Committees) is amended as follows.
(2)
In subsection (1), for “The Board may recognise a committee formed for an area, which it is satisfied” substitute “An integrated care board may recognise a committee formed for an area that includes the whole or part of the integrated care board’s area if it is satisfied that the committee”
.
(3)
In subsection (3)(b), for “the Board” substitute “the integrated care board”
.
(4)
In subsection (7), for “the Board” substitute “an integrated care board”
.
(5)
In subsection (10)—
(a)
for “The Board” substitute “An integrated care board”
;
(b)
in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”
.
39
“125ADelegation of Secretary of State’s functions to NHS England
(1)
The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to the provision of primary ophthalmic services.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
125BNHS England’s power to direct integrated care boards
NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”
Pharmaceutical services
40
“168ADelegation of Secretary of State’s functions to NHS England
(1)
The Secretary of State may direct NHS England to exercise any of the Secretary of State’s functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
(2)
Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.”
PART 2Consequential amendments
Dentists Act 1984
41
The Dentists Act 1984 is amended as follows.
42
In section 40 (definition of business of dentistry), in subsection (2)(aa), for “a contract under section 100 of the National Health Service Act 2006” substitute “arrangements under section 99A of the National Health Service Act 2006 or a contract under section 100 of that Act”
.
43
Access to Health Records Act 1990
44
In section 1 of the Access to Health Records Act 1990 (“Health record” and related expressions) as it has effect under the law of England and Wales, in subsection (2)—
(a)
in paragraph (a)—
(i)
before “or a Local Health Board” insert “, an integrated care board”
;
(ii)
for “the Board” substitute “or the integrated care board or Local Health Board”
;
(b)
“(aza)
in the case of a record made by a health professional performing such services under a contract made with NHS England or an integrated care board under section 100 of the National Health Service Act 2006 (general dental services contracts), the person or body who entered into the contract with NHS England or the integrated care board (or, in a case where more than one person so entered into the contract, any such person);”;
Trade Union and Labour Relations (Consolidation) Act 1992
45
“(2)
In this Act “worker” also includes an individual regarded in their capacity as one who works or normally works or seeks to work as a person performing primary medical services, primary dental services or primary ophthalmic services—
(a)
(b)
in accordance with arrangements made by a Local Health Board under section 50 or 64 of the National Health Service (Wales) Act 2006;
(c)
under a contract under section 84, 100 or 117 of the National Health Service Act 2006 entered into by the individual with NHS England or an integrated care board; or
(d)
under a contract under section 42 or 57 of the National Health Service (Wales) Act 2006 entered into by the individual with a Local Health Board,
and “employer” in relation to such an individual, regarded in that capacity, means that body.”
Health Service Commissioners Act 1993
46
Freedom of Information Act 2000
47
Health and Social Care (Community Health and Standards) Act 2003
48
In section 150 of the Health and Social Care (Community Health and Standards) Act 2003 (liability to pay NHS charges), in subsection (7)(d), for “99” substitute “99A”
.
Health Act 2006
49
In Schedule 8 to the Health Act 2006 (minor and consequential amendments), omit paragraph 30 and the italic heading above it.
National Health Service Act 2006
50
The National Health Service Act 2006 is amended as follows.
51
In section 80 (supply of goods and services by the Secretary of State and NHS bodies), in subsections (5) and (7), before “may” insert “or an integrated care board”
.
52
(1)
Section 259 (sale of medical practices) is amended as follows.
(2)
In subsection (4)(e), for “83(2)” substitute “83”
.
(3)
In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”
.
53
In section 276 (index of defined expressions)—
(b)
in the entry relating to “primary medical services” for “section 83” substitute “section 82A”
;
(c)
in the entry relating to “primary ophthalmic services” for “section 115” substitute “section 114C”
.
54
“Provision of services under section 83, 92, 99A or 107
24
An NHS trust may provide services—
(a)
under arrangements made under section 83 (primary medical services);
(b)
under an agreement made under section 92 (primary medical services), and may do so as a member of a qualifying body (within the meaning given by section 93);
(c)
under arrangements made under section 99A (primary dental services);
(d)
under an agreement made under section 107 (primary dental services), and may do so as a member of a qualifying body (within the meaning given by section 108).”
National Health Service (Wales) Act 2006
55
(1)
Section 51 (persons with whom agreement may be made under section 50 for the provision of primary medical services) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (d)(ii) after “section 64 arrangements,” insert “section 83 arrangements,”
;
(b)
in paragraph (e) after “a section 64 employee,” insert “a section 83 employee,”
.
(3)
In subsection (3)—
(a)
56
(1)
Section 65 (persons with whom agreement may be made under section 64 for the provision of primary dental services) is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (d)(ii) after “section 92 arrangements,” insert “section 99A arrangements,”
;
(b)
in paragraph (e) after “a section 92 employee,” insert “a section 99A employee,”
.
(3)
In subsection (3)—
(a)
Health Act 2009
57
In section 2 of the Health Act 2009 (duty to have regard to NHS constitution), in subsection (6)—
(a)
“(a)
section 83 (arrangements for provision of primary medical services);”;
(b)
“(ca)
section 99A (arrangements for provision of primary dental services);”;
(c)
“(ea)
section 116A (arrangements for provision of primary ophthalmic services);”.
Domestic Abuse Act 2021
58
“(ii)
any arrangements made under section 83 of that Act;”.