Legislation – Health and Social Care Act 2012

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Introduction

PART 1
The health service in England

1 Secretary of State’s duty to promote comprehensive health service

2 The Secretary of State’s duty as to improvement in quality of services

3 The Secretary of State’s duty as to the NHS Constitution

4 The Secretary of State’s duty as to reducing inequalities

5 The Secretary of State’s duty as to promoting autonomy

6 The Secretary of State’s duty as to research

7 The Secretary of State’s duty as to education and training

8 Secretary of State’s duty as to reporting on and reviewing treatment of providers

9 The NHS Commissioning Board

10 Clinical commissioning groups

11 The Secretary of State’s duty as to protection of public health

12 Duties as to improvement of public health

13 Duties of clinical commissioning groups as to commissioning certain health services

14 Power of clinical commissioning groups as to commissioning certain health services

15 Power to require Board to commission certain health services

16 Secure psychiatric services

17 Other services etc. provided as part of the health service

18 Regulations as to the exercise by local authorities of certain public health functions

19 Regulations relating to EU obligations

20 Regulations as to the exercise of functions by the Board or clinical commissioning groups

21 Functions of Special Health Authorities

22 Exercise of public health functions of the Secretary of State

23 The NHS Commissioning Board: further provision

24 Financial arrangements for the Board

25 Clinical commissioning groups: establishment etc.

26 Clinical commissioning groups: general duties etc.

27 Financial arrangements for clinical commissioning groups

28 Requirement for primary medical services provider to belong to clinical commissioning group

29 Other health service functions of local authorities under the 2006 Act

30 Appointment of directors of public health

31 Exercise of public health functions of local authorities

32 Complaints about exercise of public health functions by local authorities

33 Abolition of Strategic Health Authorities

34 Abolition of Primary Care Trusts

35 Fluoridation of water supplies

36 Procedural requirements in connection with fluoridation of water supplies

37 Fluoridation of water supplies: transitional provision

38 Approval functions

39 Discharge of patients

40 After-care

41 Provision of pocket money for in-patients

42 Transfers to and from special hospitals

43 Independent mental health advocates

44 Patients’ correspondence

45 Notification of hospitals having arrangements for special cases

46 Role of the Board and clinical commissioning groups in respect of emergencies

47 Secretary of State’s emergency powers

48 New Special Health Authorities

49 Primary care services: directions as to exercise of functions

50 Charges in respect of certain public health functions

51 Pharmaceutical services expenditure

52 Secretary of State’s duty to keep health service functions under review

53 Secretary of State’s annual report

54 Certification of death

55 Amendments related to Part 1 and transitional provision

PART 2
Further provision about public health

56 Abolition of Health Protection Agency

57 Functions in relation to biological substances

58 Radiation protection functions

59 Repeal of AIDS (Control) Act 1987

60 Co-operation with bodies exercising functions in relation to public health

PART 3
Regulation of health and adult social care services

CHAPTER 1 Monitor

61 Monitor

62 General duties

63 Secretary of State’s guidance on duty under section 62(9)

64 General duties: supplementary

65 Power to give Monitor functions relating to adult social care services

66 Matters to have regard to in exercise of functions

67 Conflicts between functions

68 Duty to review regulatory burdens

69 Duty to carry out impact assessments

70 Information

71 Failure to perform functions

CHAPTER 2 Competition

72 Functions under the Competition Act 1998

73 Functions under Part 4 of the Enterprise Act 2002

74 Competition functions: supplementary

75 Requirements as to procurement, patient choice and competition

76 Requirements under section 75: investigations, declarations and directions

77 Requirements under section 75: undertakings

78 Guidance

79 Mergers involving NHS foundation trusts

80 Co-operation with the Office of Fair Trading

CHAPTER 3 Licensing

Licensing requirement

81 Requirement for health service providers to be licensed

82 Deemed breach of requirement to be licensed

83 Exemption regulations

84 Exemption regulations: supplementary

Licensing procedure

85 Application for licence

86 Licensing criteria

87 Grant or refusal of licence

88 Application and grant: NHS foundation trusts

89 Revocation of licence

90 Right to make representations

91 Notice of decisions

92 Appeals to the Tribunal

93 Register of licence holders

Licence conditions

94 Standard conditions

95 Special conditions

96 Limits on Monitor’s functions to set or modify licence conditions

97 Conditions: supplementary

98 Conditions relating to the continuation of the provision of services etc.

99 Notification of commissioners where continuation of services at risk

100 Modification of standard conditions

101 Modification references to the Competition Commission

102 Modification of conditions by order under other enactments

103 Standard condition as to transparency of certain criteria

Enforcement

104 Power to require documents and information

105 Discretionary requirements

106 Enforcement undertakings

107 Further provision about enforcement powers

108 Guidance as to use of enforcement powers

109 Publication of enforcement action

110 Notification of enforcement action

Transitional provision

111 Imposition of licence conditions on NHS foundation trusts

112 Duration of transitional period

113 Orders under section 112: criteria for deciding applicable trusts

114 Repeal of sections 112 and 113

CHAPTER 4 Pricing

115 Price payable by commissioners for NHS services

116 The national tariff

117 The national tariff: further provision

118 Consultation on proposals for the national tariff

119 Consultation: further provision

120 Responses to consultation

121 Determination on reference under section 120

122 Changes following determination on reference under section 120

123 Power to veto changes proposed under section 122

124 Local modifications of prices: agreements

125 Local modifications of prices: applications

126 Applications under section 125: notification of commissioners

127 Correction of mistakes

CHAPTER 5 Health special administration

128 Health special administration orders

129 Objective of a health special administration

130 Health special administration regulations

131 Transfer schemes

132 Indemnities

133 Modification of this Chapter under Enterprise Act 2002

CHAPTER 6 Financial assistance in special administration cases

Establishment of mechanisms

134 Duty to establish mechanisms for providing financial assistance

135 Power to establish fund

Applications for financial assistance

136 Applications

137 Grants and loans

Charges on commissioners

138 Power to impose charges on commissioners

Levy on providers

139 Imposition of levy

140 Power of Secretary of State to set limit on levy and charges

141 Consultation

142 Responses to consultation

143 Amount payable

Supplementary

144 Investment principles and reviews

145 Borrowing

146 Shortfall or excess of available funds, etc.

CHAPTER 7 Miscellaneous and general

147 Secretary of State’s duty as respects variation in provision of health services

148 Service of documents

149 Electronic communications

150 Interpretation, transitional provision and consequential amendments

PART 4
NHS foundation trusts & NHS trusts

151 Governors

152 Directors

153 Members

154 Accounts: initial arrangements

155 Accounts: variations to initial arrangements

156 Annual report and forward plan

157 Meetings

158 Voting

159 Authorisation

160 Bodies which may apply for foundation trust status

161 Amendment of constitution

162 Panel for advising governors

163 Financial powers etc.

164 Goods and services

165 Private health care

166 Information

167 Significant transactions

168 Mergers

169 Acquisitions

170 Separations

171 Dissolution

172 Supplementary

173 Repeal of de-authorisation provisions

174 Trust special administrators

175 Objective of trust special administration

176 Procedure etc.

177 Action following final report

178 Sections 174 to 177: supplementary

179 Abolition of NHS trusts in England

180 Repeal of provisions on authorisation for NHS foundation trusts

PART 5
Public involvement and local government

CHAPTER 1 Public involvement

Healthwatch England

181 Healthwatch England

Local Healthwatch organisations

182 Activities relating to local care services

183 Local authority arrangements

184 Local arrangements: power to make further provision

185 Independent advocacy services

186 Requests, rights of entry and referrals

187 Annual reports

188 Transitional arrangements

189 Consequential provision

CHAPTER 2 Local government

Scrutiny functions of local authorities

190 Scrutiny functions of local authorities

191 Amendments consequential on section 190

Joint strategic needs assessments and strategies

192 Joint strategic needs assessments

193 Joint health and wellbeing strategies

Health and Wellbeing Boards: establishment

194 Establishment of Health and Wellbeing Boards

Health and Wellbeing Boards: functions

195 Duty to encourage integrated working

196 Other functions of Health and Wellbeing Boards

Health and Wellbeing Boards: supplementary

197 Participation of NHS Commissioning Board

198 Discharge of functions of Health and Wellbeing Boards

199 Supply of information to Health and Wellbeing Boards

Care Trusts

200 Care Trusts

CHAPTER 3 The Health Service Commissioner for England

201 Disclosure of reports etc. by the Health Service Commissioner

PART 6
Primary care services

202 Medical services: minor amendments

203 Persons eligible to enter into general dental services contracts

204 Arrangements under section 107 of the National Health Service Act 2006

205 Payments in respect of costs of sight tests

206 Pharmaceutical needs assessments

207 Control of entry on pharmaceutical lists

208 Lists of performers of pharmaceutical services and assistants etc.

PART 7
Regulation of health and social care workers

209 Power to regulate social workers etc. in England

210 Training etc. of approved mental health professionals in England

211 Orders regulating social care workers in England: further provision

212 Abolition of the General Social Care Council

213 Regulation of social workers in England

214 The Health and Care Professions Council

215 Functions of the Council in relation to social work in England

216 Appeals in cases involving social workers in England

217 Approval of courses for approved mental health professionals

218 Exercise of function of approving courses, etc.

219 Arrangements with other health or social care regulators

220 References in enactments to registered health professionals, etc.

221 Functions of the Secretary of State in relation to social care workers

222 The Professional Standards Authority for Health and Social Care

223 Functions of the Authority

224 Funding of the Authority

225 Power to advise regulatory bodies, investigate complaints, etc.

226 Accountability and governance

227 Appointments to regulatory bodies

228 Establishment of voluntary registers

229 Accreditation of voluntary registers

230 Consequential provisions and savings, etc.

231 Abolition of the Office of the Health Professions Adjudicator

PART 8
The National Institute for Health and Care Excellence

232 The National Institute for Health and Care Excellence

233 General duties

234 Quality standards

235 Supply of quality standards to other persons

236 Advice or guidance to the Secretary of State or the Board

237 Advice, guidance, information and recommendations

238 NICE recommendations: appeals

239 Training

240 Advisory services

241 Commissioning guidance

242 NICE’s charter

243 Additional functions

244 Arrangements with other bodies

245 Failure by NICE to discharge any of its functions

246 Protection from personal liability

247 Interpretation of this Part

248 Dissolution of predecessor body

249 Consequential and transitional provision

PART 9
Health and adult social care services: information

CHAPTER 1 Information standards

250 Powers to publish information standards

251 Information standards: supplementary

CHAPTER 2 The Health and Social Care Information Centre

Establishment and general duties

252 The Health and Social Care Information Centre

253 General duties

Functions: information systems

254 Powers to direct Information Centre to establish information systems

255 Powers to request Information Centre to establish information systems

256 Requests for collection under section 255: confidential information

257 Requests under section 255: supplementary

258 Information systems: supplementary

259 Powers to require and request provision of information

260 Publication of information

261 Other dissemination of information

262 Other dissemination: directions and requests under sections 254 and 255

263 Code of practice on confidential information

264 Information Register

265 Advice or guidance

Functions: quality of health and social care information

266 Assessment of quality of information

267 Power to establish accreditation scheme

Functions: other

268 Database of quality indicators

269 Power to confer functions in relation to identification of GPs

270 Additional functions

271 Arrangements with other bodies

272 Failure by Information Centre to discharge any of its functions

273 Protection from personal liability

General and supplementary

274 Powers of Secretary of State or Board to give directions

275 Interpretation of this Chapter

276 Dissolution of predecessor body

277 Consequential provision

PART 10
Abolition of certain public bodies etc

278 The Alcohol Education and Research Council

279 The Appointments Commission

280 The National Information Governance Board for Health and Social Care

281 The National Patient Safety Agency

282 The NHS Institute for Innovation and Improvement

283 Standing advisory committees

PART 11
Miscellaneous

284 Special notices of births and deaths

285 Provision of information by Registrar General

286 Provision of information by Registrar General: Wales

287 Provision of statistical information by Statistics Board

288 Monitor: duty to co-operate with Care Quality Commission

289 Care Quality Commission: duty to co-operate with Monitor

290 Other duties to co-operate

291 Breaches of duties to co-operate

292 Requirement for Secretary of State to approve remuneration policy etc.

293 Conduct of reviews etc.

294 Failure to discharge functions

295 Arrangements between the Board and Northern Ireland Ministers

296 Arrangements between the Board and Scottish Ministers etc.

297 Relationships between the health services

298 Advice or assistance to public authorities in the Isle of Man or Channel Islands

299 Certificate of consent of community patients to treatment

300 Transfer schemes

301 Transfer schemes: supplemental

302 Subsequent property transfer schemes

PART 12
Final provisions

303 Power to make consequential provision

304 Regulations, orders and directions

305 Financial provision

306 Commencement

307 Commencement: consultation with Scottish Ministers

308 Extent

309 Short title

SCHEDULES

SCHEDULE 1 The National Health Service Commissioning Board

SCHEDULE 2 Clinical commissioning groups

SCHEDULE 3 Pharmaceutical remuneration

SCHEDULE 4 Amendments of the National Health Service Act 2006

SCHEDULE 5 Part 1: amendments of other enactments

SCHEDULE 6 Part 1: transitional provision

SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments

SCHEDULE 8 Monitor

SCHEDULE 9 Requirements under section 77: undertakings

SCHEDULE 10 References by Monitor to the Competition Commission

SCHEDULE 11 Further provision about Monitor’s enforcement powers

SCHEDULE 12 Procedure on references under section 120

SCHEDULE 13 Part 3: minor and consequential amendments

SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments

SCHEDULE 15 Part 7: consequential amendments and savings

SCHEDULE 16 The National Institute for Health and Care Excellence

SCHEDULE 17 Part 8: consequential amendments

SCHEDULE 18 The Health and Social Care Information Centre

SCHEDULE 19 Part 9: consequential amendments

SCHEDULE 20 Part 10: consequential amendments and savings

SCHEDULE 21 Amendments relating to relationships between the health services

SCHEDULE 22 Property transfer schemes

SCHEDULE 23 Staff transfer schemes

SCHEDULES

SCHEDULE 14Abolition of NHS trusts in England: consequential amendments

Section 179

PART 1Amendments of the National Health Service Act 2006

1

The National Health Service Act 2006 is amended as follows.

2

In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule 4 (NHS trusts)”.

3

In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).

4

In section 9 (NHS contracts), omit subsection (3).

5

In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for subsection (4) substitute—

“(4)

For the purposes of subsection (3), an agreement is an externally financed development agreement if it is certified as such by the Secretary of State.

(4A)

The Secretary of State may give a certificate under subsection (4) if—

(a)

in the opinion of the Secretary of State, the purpose or main purpose of the agreement is the provision of facilities or services in connection with the discharge by the NHS foundation trust of any of its functions, and

(b)

a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4B)

In subsection (4A)(b), “another party” means any party to the agreement other than the NHS foundation trust.”

6

In section 42 (public dividend capital), after subsection (1) insert—

“(1A)

The reference in subsection (1) to an NHS trust is a reference to an NHS trust which was established under section 25 of this Act before its repeal by section 179 of the Health and Social Care Act 2012.”

7

In section 51 (trust funds and trustees), omit subsection (4).

8

In section 56 (mergers of NHS foundation trusts)—

(a)

in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and

(b)

in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.

9

In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—

(a)

in subsection (1)(b), omit “or an NHS trust established under section 25”,

(b)

in subsection (2), omit “(that is an NHS foundation trust)”, and

(c)

in subsection (3), omit paragraph (a) (and the following “and”).

10

In section 57 (mergers, acquisitions and separation of NHS foundation trusts) (as amended by sections 172 and 173(2)(a))—

(a)

in subsection (3)(a), omit “, an NHS trust established under section 25”,

(b)

in subsection (4), omit “or an NHS trust established under section 25”, and

(c)

omit subsection (5).

11

In section 65(1) (interpretation for provisions about NHS foundation trusts), in the definition of “health service body”, omit “an NHS trust,”.

12

In section 65A(1) (application of trust special administration regime), omit paragraph (a).

13

(1)

Omit section 65B (appointment of trust special administrator in relation to NHS trust).

(2)

In consequence of that repeal, omit section 174(2) of this Act.

14

Omit section 65C (suspension of directors of NHS trust).

15

(1)

Section 65F (special administrator’s draft report) is amended as follows.

(2)

In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3)

In subsection (2)(b)—

(a)

omit “goods or”, and

(b)

for “the Secretary of State” substitute “the regulator”.

(4)

After subsection (2) insert—

“(2A)

The administrator may not provide the draft report to the regulator under subsection (1)—

(a)

without having obtained from each commissioner a statement that the commissioner considers that the recommendation in the draft report would achieve the objective set out in section 65DA, or

(b)

where the administrator does not obtain a statement to that effect from one or more commissioners (other than the Board), without having obtained a statement to that effect from the Board.

(2B)

Where the Board decides not to provide to the administrator a statement to that effect, the Board must—

(a)

give a notice of the reasons for its decision to the administrator and to the regulator;

(b)

publish the notice;

(c)

lay a copy of it before Parliament.

(2C)

In subsection (2A), “commissioner” means a person to which the trust provides services under this Act.”

(5)

In subsection (3), for “the Secretary of State” substitute “the regulator”.

(6)

Omit subsections (4) to (7).

(7)

In consequence of those repeals, omit section 176(2) of this Act.

16

In section 65G (consultation plan), in subsection (4), omit “In the case of an NHS foundation trust,”.

17

(1)

Section 65H (consultation on draft report) is amended as follows.

(2)

In subsection (7)—

(a)

in paragraph (b), omit “goods or”, and

(b)

in paragraphs (c) and (d), for “the Secretary of State” substitute “the regulator”.

(3)

In subsection (10), for “The Secretary of State” substitute “The regulator”.

(4)

After that subsection insert —

“(10A)

The Secretary of State may direct the regulator as to persons from whom it should direct the administrator under subsection (10) to request or seek a response.”

(5)

Omit subsections (12) and (13).

(6)

In consequence of those repeals, omit section 176(7) of this Act.

18

(1)

Section 65I (administrator’s final report) is amended as follows.

(2)

In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3)

In subsection (3), for “the Secretary of State” substitute “the regulator”.

(4)

Omit subsection (4).

(5)

In consequence of that repeal, omit section 176(8) of this Act.

19

(1)

Section 65J (power to extend time limits) is amended as follows.

(2)

In subsection (2), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3)

Omit subsection (5).

(4)

In consequence of that repeal, omit section 176(9) of this Act.

20

(1)

Omit section 65K (decision on action to take in relation to the trust) and the preceding cross-heading.

(2)

In consequence of those repeals, omit section 177(1) of this Act.

21

(1)

Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows.

(2)

In subsection (1), omit “relating to an NHS foundation trust”.

(3)

In subsection (5), for “the trust” substitute “the NHS foundation trust in question”.

(4)

For the title to that section substitute “The regulator’s decision”.

(5)

Before that section, insert as a cross-heading “Action by the regulator and the Secretary of State”.

22

(1)

Section 65L (trusts coming out of administration) is amended as follows.

(2)

In subsection (1)—

(a)

for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b)

for “the trust” substitute “the NHS foundation trust in question”.

(3)

In subsection (2)—

(a)

for “The Secretary of State” substitute “The regulator”, and

(b)

for “and directors” substitute “, directors and governors”.

(4)

Omit subsections (2A), (2B) and (6).

(5)

In consequence of the repeal of subsections (2A) and (2B) of that section, omit section 177(3) of this Act.

23

(1)

Section 65M (replacement of special administrator) is amended as follows.

(2)

In subsection (1), for “the Secretary of State”, in each place it appears, substitute “the regulator”.

(3)

In subsection (2), for “the Secretary of State” substitute “the regulator”.

(4)

Omit subsection (3).

(5)

In consequence of that repeal, omit section 178(1) of this Act.

24

(1)

Section 65N (guidance) is amended as follows.

(2)

In subsection (1), for “The Secretary of State” substitute “The regulator”.

(3)

Omit subsection (4).

(4)

In consequence of that repeal, omit section 178(3) of this Act.

25

In section 66 (intervention orders) (as amended by paragraph 8(1) of Schedule 21), in subsection (1), omit paragraph (a) and the “and” following it.

26

In section 68 (default powers) (as amended by paragraph 10(1) of Schedule 21), in subsection (1), omit paragraph (a).

27

(1)

In section 70(1) (transfer of residual liabilities of certain NHS bodies), omit “an NHS trust or”.

(2)

For the title to section 70 substitute “Transfer of residual liabilities of Special Health Authorities”.

28

In section 71 (schemes for meeting losses etc. of certain health bodies) (as amended by paragraph 18 of Schedule 4)—

(a)

in subsection (2), omit paragraph (c),

(b)

in subsections (3) and (6), omit “NHS trust,”, and

(c)

in subsection (5), omit “(c),”.

29

In section 77 (Care Trusts) (as amended by section 200)—

(a)

in subsection (1)(a) omit “an NHS Trust or”, and

(b)

in subsections (10) and (12) omit “NHS trust or”.

30

Omit sections 78 and 79 (directed partnership arrangements).

31

In section 185(2) (charges for more expensive supplies), omit “an NHS trust”.

32

In section 186(2) (charges for repairs and replacements in certain cases), omit “an NHS trust”.

33

In section 196(3) (bodies to which provisions about protection from fraud etc. relate), omit paragraph (d).

34

In section 217(1) (supplementary provisions about trusts), omit paragraph (h).

35

In section 242 (public involvement and consultation)—

(a)

in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS trusts”,

(b)

in subsection (1A), in the definition of “relevant English body”, omit paragraph (c),

(c)

in that subsection, omit the definition of “relevant Welsh body”, and

(d)

in subsection (2), for “relevant Welsh body” substitute “NHS trust”.

36

In section 272 (orders, regulations, rules and directions)—

(a)

in subsection (3), omit paragraph (e), and

(b)

omit subsection (5).

37

In section 275 (interpretation), in subsection (1), in the definition of “NHS trust”, for “includes” substitute “means”.

38

In section 276 (index of defined expressions), omit the entry for “NHS trust order”.

39

(1)

Schedule 15 (accounts and audit) is amended as follows.

(2)

In paragraph 1—

(a)

in sub-paragraph (1) omit paragraphs (d) and (e), and

(b)

omit sub-paragraph (3).

(3)

In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.

(4)

In paragraph 5—

(a)

in sub-paragraph (1) for “neither a Special Health Authority nor NHS Direct” substitute “not a Special Health Authority”, and

(b)

in sub-paragraph (3) for “NHS body that is a Special Health Authority or NHS Direct” substitute “Special Health Authority”.

(5)

In paragraph 6—

(a)

in sub-paragraph (1) for “an NHS body that is a Special Health Authority or NHS Direct” substitute “a Special Health Authority”, and

(b)

in sub-paragraph (3) for “body” substitute “Special Health Authority”.

40

In consequence of the repeal of section 56(6) by section 168(6) of this Act, omit paragraph 84 of Schedule 5 to the Health and Social Care Act 2008.

PART 2Amendments of other Acts

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

41

In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions), in the definition of “NHS trust” omit “the National Health Service Act 2006 or”.

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

42

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1(l) omit “section 25 of the National Health Service Act 2006 or”.

Abortion Act 1967 (c. 87)

43

In section 1(3) of the Abortion Act 1967 (location of treatment for termination of pregnancy) after “National Health Service trust” insert “established under section 18 of the National Health Service (Wales) Act 2006 or the National Health Service (Scotland) Act 1978”.

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

44

In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act 1969 (NHS bodies exempted from insurance requirement), omit “section 25 of the National Health Service Act 2006,”.

Local Government Act 1972 (c. 70)

45

In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.

House of Commons Disqualification Act 1975 (c. 24)

46

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), in the entry for National Health Service trusts omit “the National Health Service Act 2006 or”.

Acquisition of Land Act 1981 (c. 67)

47

The Acquisition of Land Act 1981 is amended as follows.

48

In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase), omit “section 25 of the National Health Service Act 2006 or”.

49

In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National Health Service Act 2006 or”.

Mental Health Act 1983 (c. 20)

50

In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of the Act), omit “the National Health Service Act 2006 or”.

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

51

In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.

52

In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6) omit “section 25 of the National Health Service Act 2006,”.

Health and Medicines Act 1988 (c. 49)

53

In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation to financing of the NHS), in paragraph (i) omit “an NHS trust or”.

Road Traffic Act 1988 (c. 52)

54

In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third party insurance), omit “section 25 of the National Health Service Act 2006,”.

Access to Health Records Act 1990 (c. 23)

55

In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.

Water Industry Act 1991 (c. 56)

56

In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.

London Local Authorities Act 1991 (c. xiii)

57

In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.

Social Security Contributions and Benefits Act 1992 (c. 4)

58

The Social Security Contributions and Benefits Act 1992 is amended as follows.

59

In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.

60

In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.

61

In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.

62

In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.

Health Service Commissioners Act 1993 (c. 46)

63

In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the Commissioner), omit paragraph (d).

Vehicle Excise and Registration Act 1994 (c. 22)

64

In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.

Value Added Tax Act 1994 (c. 23)

65

The Value Added Tax Act 1994 is amended as follows.

66

In section 41(7) (definition of “government department”), for “Part I of that Act” substitute “section 18 of the National Health Service (Wales) Act 2006”.

67

In Part 2 of Schedule 8 (zero-rated supply of goods and services)—

(a)

in the Notes for group 12 (drugs, medicines, aids for the handicapped), in paragraph (e) of Note (5H) omit “the National Health Service Act 2006 or”, and

(b)

in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4 for “Part I of the National Health Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”.

Employment Rights Act 1996 (c. 18)

68

The Employment Rights Act 1996 is amended as follows.

69

In section 50(8)(a) (right of employees of NHS trusts to time off for public duties), omit “section 25 of the National Health Service Act 2006,”.

70

In section 218(10)(c) (change of employer) omit “the National Health Service Act 2006 or”.

Audit Commission Act 1998 (c. 18)

71

The Audit Commission Act 1998 is amended as follows.

72

Omit section 33(8)(c) (bodies not subject to certain Commission studies).

73

In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National Health Service Trust”.

Data Protection Act 1998 (c. 29)

74

In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in paragraph (f) omit “section 25 of the National Health Service Act 2006,”.

Health Act 1999 (c. 8)

75

In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend capital), in subsection (5) after the definition of “initial loan” insert—

““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by section 179 of the Health and Social Care Act 2012.”

Greater London Authority Act 1999 (c. 29)

76

Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included among relevant bodies for purposes of Mayor of London’s health inequalities strategy).

Care Standards Act 2000 (c. 14)

77

The Care Standards Act 2000 is amended as follows.

78

In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS bodies” omit the words from “all or most” to the end.

79

In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit the words from “all or most” to the end.

80

In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for Wales), in paragraph 4 omit the words from “all or most” to the end.

Freedom of Information Act 2000 (c. 36)

81

In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.

International Development Act 2002 (c. 1)

82

In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts, omit “the National Health Service Act 2006,”.

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

83

In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the National Health Service Act 2006 or”.

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

84

In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.

Finance Act 2003 (c. 14)

85

The Finance Act 2003 is amended as follows.

86

In section 61(3) (bodies that are public authorities for purpose of requirement to comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.

87

In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.

Licensing Act 2003 (c. 17)

88

In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006 or”.

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

89

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

90

In section 148 (interpretation of Part 2)—

(a)

in the definition of “English NHS body” omit paragraph (c), and

(b)

in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.

91

In section 160 (provision of information in personal injury cases), in subsection (4), in the definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.

92

In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the definition of “relevant ambulance trust”—

(a)

before paragraph (a) insert—

“(za)

in relation to England, means the NHS foundation trust which is designated by the Secretary of State for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment,”,

(b)

in paragraph (a) omit “England or”,

(c)

in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and

(d)

omit sub-paragraph (ii) of that paragraph (and the preceding “or”).

93

In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection (3)(b)(ii) omit “section 25 of the 2006 Act,”.

Finance Act 2004 (c. 12)

94

In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”, in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.

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

95

In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health Service Act 2006 or”.

Children Act 2004 (c. 31)

96

The Children Act 2004 is amended as follows.

97

In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit paragraph (f).

98

In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.

99

In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words from “all or most” to the end.

Civil Contingencies Act 2004 (c. 36)

100

In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.

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

101

In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation), omit the definition of “NHS trust”.

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

102

In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.

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

103

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

104

In section 222 (arrangements regarding local involvement networks)—

(a)

omit subsection (3)(b), and

(b)

omit subsection (4)(d).

105

In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).

106

In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).

Criminal Justice and Immigration Act 2008 (c. 4)

107

In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in the definition of “relevant English NHS body”—

(a)

omit paragraph (a), and

(b)

in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or” preceding that paragraph).

Health and Social Care Act 2008 (c. 14)

108

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

109

In section 97(1) (general interpretation of Part 1)—

(a)

in the definition of “English NHS body” omit paragraph (c), and

(b)

in the definition of “English NHS provider” omit paragraph (b).

110

In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial assistance), omit paragraph (c).

Autism Act 2009 (c. 15)

111

In section 4(1) of the Autism Act 2009 (interpretation), in the definition of “NHS body”, omit paragraph (c).

Health Act 2009 (c. 21)

112

The Health Act 2009 is amended as follows.

113

In section 2(2) (bodies with duty to have regard to NHS Constitution) omit paragraph (c).

114

In section 8(2) (bodies with duty to publish information on quality of services) omit paragraph (b).

Corporation Tax Act 2010 (c. 4)

115

In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table, in the entry for a National Health Service trust, omit “section 25 of the National Health Service Act 2006 or”.

Equality Act 2010 (c. 15)

116

In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service, omit the entry for an NHS trust.

Charities Act 2011 (c. 25)

117

The Charities Act 2011 is amended as follows.

118

In section 149 (audit or examination of English NHS charity accounts), in subsection (7), omit paragraphs (c), (d) and (e).

119

In section 150 (audit or examination of Welsh NHS charity accounts), in subsection (4)—

(a)

in paragraph (b), omit the words from “all or most” to the end,

(b)

in paragraph (c), omit “falling within paragraph (b)”, and

(c)

in paragraph (d), omit “such”.