Legislation – Health and Care Act 2022

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SCHEDULES

SCHEDULE 15Consequential amendments relating to Part 4

Section 134

Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the table in paragraph 3, at the appropriate place insert—

“Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).”

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

2

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (p) (inserted by Schedule 4 to this Act) insert—

“(q)

the Health Services Safety Investigations Body.”

Parliamentary Commissioner Act 1967 (c. 13)

3

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

“The Health Services Safety Investigations Body.”

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert —

“Chief Investigator, chair or other member of the Health Services Safety Investigations Body.”

5

In section 48(6) of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) after “the Care Quality Commission,” insert “the Health Services Safety Investigations Body,”.

Employment Rights Act 1996 (c. 18)

6 (1)

The Employment Rights Act 1996 is amended as follows.

(2)

In section 49B(7) (regulations prohibiting discrimination because of protected disclosure) after paragraph (g) insert—

“(ga)

the Health Services Safety Investigations Body;”.

(3)

In section 50(8) (right to time off for public duties) after paragraph (ad) insert—

“(ae)

the Health Services Safety Investigations Body,”.

(4)

In section 218(10) (change of employer) after paragraph (cd) insert—

“(ce)

the Health Services Safety Investigations Body.”

Freedom of Information Act 2000 (c. 36)

7

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) at the appropriate place insert—

“The Health Services Safety Investigations Body.”

National Health Service Act 2006 (c. 41)

8 (1)

The National Health Service Act 2006 is amended as follows.

(2)

In section 9(4) (NHS contracts) after paragraph (kc) insert—

“(kd)

the Health Services Safety Investigations Body,”.

(3)

In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies: bodies eligible to participate) after paragraph (fa) insert—

“(fb)

the Health Services Safety Investigations Body,”.

(4)

In section 247C(2) (Secretary of State’s duty to keep health service functions under review) after paragraph (ea) insert—

“(eb)

the Health Services Safety Investigations Body;”.

(5)

In section 253 (emergency powers)—

(a)

in subsection (1A), after paragraph (c) insert—

“(ca)

the Health Services Safety Investigations Body;”, and

F1(b)

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

Health Act 2009 (c. 21)

9

In section 2(2) of the Health Act 2009 (duty to have regard to NHS Constitution) after paragraph (h) insert—

“(i)

the Health Services Safety Investigations Body.”

Equality Act 2010 (c. 15)

10

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to which the public sector equality duty applies) under the heading “Health, social care and social security”, after the entry relating to the Health and Social Care Information Centre insert—

“The Health Services Safety Investigations Body.”

Changes to legislation:

Changes to Legislation

SCHEDULE 15Consequential amendments relating to Part 4

Public Records Act 1958 (c. 51)

1

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

2

“(q)

Parliamentary Commissioner Act 1967 (c. 13)

3

House of Commons Disqualification Act 1975 (c. 24)

4

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

5

Employment Rights Act 1996 (c. 18)

6

(1)

(2)

“(ga)

(3)

“(ae)

(4)

“(ce)

Freedom of Information Act 2000 (c. 36)

7

National Health Service Act 2006 (c. 41)

8

(1)

(2)

“(kd)

(3)

“(fb)

(4)

“(eb)

(5)

(a)

“(ca)

F1(b)

Health Act 2009 (c. 21)

9

“(i)

Equality Act 2010 (c. 15)

10