79C3C34C52B45572883A05D425EB0F82
Health and Social Care Act
https://www.legislation.gov.uk/ukpga/2012/7/pdfs/ukpga_20120007_en.pdf
http://leaux.net/URLS/ConvertAPI Text Files/F1A1079D7C322B9BF83A8F5BD21AB146.en.txt
Examining the file media/Synopses/F1A1079D7C322B9BF83A8F5BD21AB146.html:
This file was generated: 2020-12-01 07:18:45
| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Illegal Activity
Searching for indicator crime:
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p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
p.000075: (f) in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
p.000075:
p.000075: 40 After-care
p.000075: (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
p.000075: (2) In subsection (2)—
p.000075: (a) after “duty of the” insert “clinical commissioning group or”,
p.000075: (b) omit “Primary Care Trust or” in each place it appears, and
p.000075: (c) after “such time as the” insert “clinical commissioning group or”.
p.000075: (3) After subsection (2C) insert—
p.000075: “(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide”
p.000075: there were substituted “to arrange for the provision of”.
p.000075: (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning
p.000075: group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead
p.000075: on another clinical commissioning group or the National Health Service Commissioning Board.
p.000075: (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is
p.000075: to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the
p.000075: reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
p.000075: (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under
p.000075: subsection (2E) as it applies to a power to make regulations under that Act.”
...
p.000349: (b) omit “a Primary Care Trust,”.
p.000349: (3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
p.000349: (4) In subsection (3) for “trust” substitute “other body”.
p.000349: 80 In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in
p.000349: paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
p.000349: Audit Commission Act 1998 (c. 18)
p.000349: 81 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain
p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
p.000350: Crime and Disorder Act 1998 (c. 37)
p.000350: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000350: 83 The Crime and Disorder Act 1998 is amended as follows.
p.000350: 84 In section 5 (authorities responsible for crime and disorder strategies), in subsection
p.000350: (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
p.000350: 85 In section 38 (local provision of youth justice services), in subsection (2)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”, and
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 86 In section 39 (Youth Offending Teams), in subsection (3)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”,
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 87 In that section, in subsection (5)(d)—
p.000350: (a) after “nominated by” insert “a clinical commissioning group or”, and
p.000350: (b) omit “a Primary Care Trust or”.
p.000350: 88 In section 41 (the Youth Justice Board), in subsection (10)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “and”, and
p.000350: (c) omit “and a Primary Care Trust”.
p.000350: 89 In section 42 (supplementary provisions), in subsection (3)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
...
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
p.000357: (d) omit paragraph (e).
...
p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
...
Political / Refugee Status
Searching for indicator asylum:
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p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
p.000352: “(za) there may be a need for the provision to that person of services that may be provided pursuant
p.000352: to arrangements made by a clinical commissioning group under the National Health Service Act 2006
p.000352: (including by virtue of section 7A of that Act),”,
p.000352:
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) in paragraph (a) omit “a Primary Care Trust”, and
p.000352: (c) in the text following paragraph (b)—
p.000353: 353
p.000353: (i) after “notify that” insert “clinical commissioning group,”, and
p.000353: (ii) omit “Primary Care Trust,”.
p.000353: 106 In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
p.000353: (a) before paragraph (d) insert—
p.000353: “(ca) the National Health Service Commissioning Board,”, and
p.000353: (b) in paragraph (d)—
p.000353: (i) omit “, Primary Care Trust”, and
p.000353: (ii) before “(in Wales,” insert “, clinical commissioning group”.
p.000353: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000353: 107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000353: inspector to disclose information to health service bodies), in paragraph (a)—
p.000353: (a) omit sub-paragraph (i),
p.000353: (b) before sub-paragraph (ii) insert—
p.000353: “(ia) the National Health Service Commissioning Board,
p.000353: (ib) a clinical commissioning group established under section 14D of the National Health Service Act 2006,
p.000353: (ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000353: to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000353: (c) omit sub-paragraph (iii).
p.000353: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000353: 108 The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
p.000353: 109 In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the
p.000353: definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
p.000353: 110 In section 9 (dispute resolution)—
p.000353: (a) in subsection (1) omit “by Strategic Health Authorities in England and”,
p.000353: (b) at the end of that subsection insert “in relation to Wales”,
p.000353: (c) in subsection (2) omit —
p.000353: (i) “Strategic Health Authority or”, and
p.000353: (ii) “Authority or”,
p.000353: (d) in subsection (3)—
p.000353: (i) for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
p.000353: (ii) omit “a Strategic Health Authority or”, and
p.000353:
p.000354: 354
...
p.000372: 7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000372: membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
p.000372: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000372: 8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying
p.000372: for membership of the Assembly), omit the
p.000372:
p.000372: Health and Social Care Act 2012 (c. 7)
p.000372: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000373: 373
p.000373: entry for the chairman and any non-executive member of the Health Protection Agency.
p.000373: Employment Rights Act 1996 (c. 18)
p.000373: 9 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph
p.000373: (dd).
p.000373: Freedom of Information Act 2000 (c. 36)
p.000373: 10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the
p.000373: entry for the Health Protection Agency.
p.000373: International Development Act 2002 (c. 1)
p.000373: 11 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000373: powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
p.000373: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000373: 12 (1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to
p.000373: disclose information to health service bodies) is amended as follows.
p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
p.000373: (b) omit sub-paragraph (iv) and the “, or” preceding it.
p.000373: Scottish Public Services Ombudsman Act 2002 (asp 11)
p.000373: 13 The Scottish Public Services Ombudsman Act 2002 is amended as follows.
p.000373: 14 In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
p.000373:
p.000374: 374
p.000374: Health and Social Care Act 2012 (c. 7) Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000374: 15 In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
p.000374: Civil Contingencies Act 2004 (c. 36)
p.000374: 16 In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph
p.000374: 9 substitute—
...
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
p.000410: Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: 87 In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the
p.000410: heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Licensing Act 2003 (c. 17)
p.000410: 88 In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in
p.000410: the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006
p.000410: or”.
p.000410: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000410: 89 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000410: 90 In section 148 (interpretation of Part 2)—
p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
...
Political / criminal
Searching for indicator criminal:
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p.000025: (a) discharge the functions to which it relates, or
p.000025: (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
p.000025: (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish
p.000025: the reasons for doing so.
p.000025: (5) For the purposes of this section a failure to discharge a function properly includes a failure to
p.000025: discharge it consistently with what the Secretary of State considers to be the interests of the health service.
p.000025:
p.000025: Disclosure of information
p.000025: 13Z3 Permitted disclosures of information
p.000025: (1) The Board may disclose information obtained by it in the exercise of its functions if—
p.000025: (a) the information has previously been lawfully disclosed to the public,
p.000025: (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care
p.000025: (Community Health and Standards) Act 2003 (complaints about health care or social services),
p.000025: (c) the disclosure is made in accordance with any enactment or court order,
p.000025: (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000025: (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have
p.000025: the information for the purpose of exercising functions of that person under any enactment,
p.000025: (f) the disclosure is made for the purpose of facilitating the exercise of any of the Board’s functions,
p.000025: (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000025: Kingdom), or
p.000025: (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
p.000025: (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of
p.000025: common law which would otherwise prohibit or restrict the disclosure.
p.000025:
p.000025: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000025:
p.000025:
p.000025: 13Z4 Interpretation
p.000025: (1) In this Chapter—
p.000027: 27
p.000027:
p.000027: Interpretation
p.000027: “the health service” means the health service in England;
p.000027: “health services” means services provided as part of the health service and, in sections 13O and 13Q, also
p.000027: includes services that are to be provided as part of the health service.
p.000027: (2) Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes
p.000027: a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of
p.000027: arrangements under section 7A—
p.000027: section 6E(7) and (10)(b), section 13A(2),
p.000027: section 13C(1), section 13D, section 13E(1), section 13F, section 13G, section 13H, section 13I, section 13J, section
p.000027: 13K(1), section 13L, section 13M,
p.000027: section 13N(1) and (2), section 13O(2),
p.000027: section 13Q(1), section 13T(1),
p.000027: section 13U(1) and (4), section 13W(2), section 13X(1),
p.000027: section 13Z2(1), section 13Z3(1), section 72(1),
p.000027: section 75(1)(a) and (2), section 82,
p.000027: section 223C(2)(a),
p.000027: in Schedule A1, paragraph 13.
p.000027: (3) Any reference (however expressed) in the following provisions of other Acts to the functions of the Board
p.000027: includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of
p.000027: arrangements under section 7A—
...
p.000047: functions.
p.000047: (2) For the purposes of this section—
p.000047: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000047: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000047: considers to be the interests of the health service.
p.000047: 14Z18 Power to require documents and information etc.
p.000047: (1) Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board
p.000047: any information, documents, records or other items that the Board considers it necessary or
p.000047: expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.
p.000047: (2) The persons mentioned in this subsection are—
p.000047: (a) the clinical commissioning group if it has possession or control of the item in question;
p.000047: (b) any member or employee of the group who has possession or control of the item in question.
p.000047: (3) A person must comply with a requirement imposed under subsection (1).
p.000047: (4) The power conferred by subsection (1) includes power to require that any information, documents or records kept
p.000047: by means of a computer be provided in legible form.
p.000047:
p.000047: Health and Social Care Act 2012 (c. 7)
p.000049: 49
p.000049: Part 1 — The health service in England
p.000049:
p.000049: (5) The power conferred by subsection (1) does not include power to require the provision of personal
p.000049: records.
p.000049: (6) In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence
p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
p.000049: (b) the accountable officer of the group,
...
p.000051: powers conferred by sections 14Z18, 14Z19 and 14Z21.
p.000051: (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
p.000051: (7) For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with,
p.000051: or includes the whole or any part of, the area of the clinical commissioning group.
p.000051:
p.000051: Disclosure of information
p.000051: 14Z23 Permitted disclosures of information
p.000051: (1) A clinical commissioning group may disclose information obtained by it in the exercise of its functions if—
p.000051: (a) the information has previously been lawfully disclosed to the public,
p.000051: (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care
p.000051: (Community Health and Standards) Act 2003 (complaints about health care or social services),
p.000051: (c) the disclosure is made in accordance with any enactment or court order,
p.000051: (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000051: (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have
p.000051: the information for the purpose of exercising functions of that person under any enactment,
p.000051: (f) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group’s
p.000051: functions,
p.000051: (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000051: Kingdom), or
p.000051: (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
p.000051: (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of
p.000051: common law which would otherwise prohibit or restrict the disclosure.
p.000051:
p.000052: 52
p.000052:
p.000052:
p.000052: 14Z24 Interpretation
p.000052: (1) In this Chapter—
p.000052:
p.000052:
p.000052: Interpretation
p.000052: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000052: “financial year”, in relation to a clinical commissioning group, includes the period which begins on the
p.000052: day the group is established and ends on the following 31 March;
p.000052: “the health service” means the health service in England;
p.000052: “health services” means services provided as part of the health service and, in section 14Z2, also includes
p.000052: services that are to be provided as part of the health service;
p.000052: “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning
p.000052: given by section 14Z11(9).
p.000052: (2) Any reference (however expressed) in the following provisions of this Act to the functions of a clinical
p.000052: commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the
p.000052: group by virtue of arrangements under section 7A—
p.000052: section 6E(7) and (10)(b), section 14C(2)(e), section 14P,
p.000052: section 14Q, section 14T, section 14U(1), section 14V, section 14W(1), section 14X, section 14Y, section 14Z,
p.000052: section 14Z1(1) and (2), section 14Z2(1),
p.000052: section 14Z4(1), section 14Z5(2), section 14Z6(1), section 14Z7(7), section 14Z11(1), section 14Z15(1), section
p.000052: 14Z16(2),
p.000052: sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3), section 14Z23(1),
...
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
p.000059: (5) A local authority may terminate the appointment of its director of public health.
p.000059: (6) Before terminating the appointment of its director of public health, a local authority must consult the
...
p.000059: Care Act 2012 (c. 7)
p.000059: Part 1 — The health service in England
p.000059:
p.000059: (7) A local authority must have regard to any guidance given by the Secretary of State in relation to its
p.000059: director of public health, including guidance as to appointment and termination of appointment, terms and
p.000059: conditions and management.
p.000059: (8) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 31 Exercise of public health functions of local authorities
p.000059: In Part 3 of the National Health Service Act 2006 after section 73A insert—
p.000059: “73B Exercise of public health functions of local authorities: further provision
p.000059: (1) A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any
p.000059: document published by the Secretary of State for the purposes of this section.
p.000059: (2) The functions mentioned in this subsection are—
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (e) such other functions relating to public health as may be prescribed.
p.000059: (3) The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in
p.000059: subsection (2).
p.000059: (4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to
p.000059: the appointment of officers of the local authority to discharge any functions mentioned in subsection
p.000059: (2), and as to their terms and conditions, management and dismissal.
p.000059: (5) The director of public health for a local authority must prepare an annual report on the health
p.000059: of the people in the area of the local authority.
p.000059: (6) The local authority must publish the report.
p.000059: (7) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 32 Complaints about exercise of public health functions by local authorities
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B
p.000059: insert—
p.000059: “73C Complaints about exercise of public health functions by local authorities
p.000059: (1) Regulations may make provision about the handling and consideration of complaints made under the regulations
p.000059: about —
p.000059:
p.000059: Health and Social Care Act 2012 (c. 7)
p.000061: 61
p.000061: Part 1 — The health service in England
p.000061:
...
p.000073: Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
p.000073:
p.000073: Health and Social Care Act 2012 (c. 7)
p.000075: 75
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (3) This section, in so far as it authorises the provision of information by one relevant person to
p.000075: another relevant person, has effect notwithstanding any rule of common law which would otherwise
p.000075: prohibit or restrict the provision.
p.000075: (4) In this section, “information” includes documents and records.”
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
...
p.000175: governors.”
p.000175: (4) Omit subsections (3) to (5) of that section.
p.000175: (5) At the end of that section insert—
p.000175: “(6) Subsection (7) applies in the case of an NHS foundation trust.
p.000175: (7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
p.000175: (a) terminate the office of any governor or of any executive or non- executive director of the trust;
p.000175: (b) appoint a person to be a governor or an executive or non- executive director of the trust.”
p.000175: (6) After that section insert—
p.000175: “65LA Trusts to be dissolved
p.000175: (1) This section applies if—
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
p.000175: (b) the action recommended in the final report is to dissolve the NHS foundation trust in question.
p.000175: (2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation
p.000175: trust in question.
p.000175: (3) The regulator may make an order—
p.000175: (a) dissolving the trust, and
p.000175: (b) transferring, or providing for the transfer of, the property and liabilities of the trust—
p.000175: (i) to another NHS foundation trust or the Secretary of State, or
p.000175: (ii) between another NHS foundation trust and the Secretary of State.
p.000175: (4) An order under subsection (3) may include provision for the transfer of employees of the trust.
p.000175: (5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include
p.000175: criminal liabilities.”
p.000175: (7) For the cross-heading preceding section 65K substitute “Action by the Secretary of State and
p.000175: the regulator”.
p.000175:
p.000176: 176
p.000176:
p.000176: 178 Sections 174 to 177: supplementary
p.000176: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000176: (1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator)
p.000176: insert—
p.000176: “(3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000176: the Secretary of State are to be read as references to the regulator.”
p.000176: (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
p.000176: “(2A) It must include guidance about the publication of—
p.000176: (a) notices under section 65KC(4)(a);
p.000176: (b) statements under section 65KC(4)(b).”
p.000176: (3) At the end of that section insert—
p.000176: “(4) For the purposes of this section in its application to cases of NHS foundation trusts, the
p.000176: reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”
p.000176: (4) In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”,
p.000176: after “65B(6)(a)” insert “, section 65D(2)”.
p.000176: (5) In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert “,
p.000176: (g) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
p.000176: (h) a copy of any report laid under section 65D,
p.000176: (i) a copy of any information published under section 65D,
p.000176: (j) a copy of any draft report published under section 65F,
...
p.000210: the Board arranges unless the person is included in a list prepared by virtue of subsection (1)(a),
p.000210: (b) a person of a prescribed description may not perform local pharmaceutical services unless the person is
p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
p.000211: (6) The imposition of such conditions must be with a view to—
p.000211: (a) preventing any prejudice to the efficiency of the services to which a list relates, or
p.000211: (b) preventing any acts or omissions of the type described in section 151(3)(a).
...
p.000217: Professions Order 2001”—
p.000217: (a) section 18(e) of the London County Council (General Powers) Act 1920;
p.000217: (b) section 58(1A)(a) of the Medicines Act 1968;
p.000217: (c) section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
p.000217: (d) section 3(11) of the Video Recordings Act 1984;
p.000217: (e) paragraph (E) in the third column of the entry for the London County Council (General Powers) Act 1920 in
p.000217: Schedule 2 to the Greater London Council (General Powers) Act 1984;
p.000217: (f) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local
p.000217: Authorities Act 1991;
p.000217: (g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
p.000217: (h) section 69(1)(h) of the Data Protection Act 1998;
p.000217: (i) section 60(2)(c) of the Health Act 1999;
p.000217: (j) section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
p.000217: (k) section 126(4)(a) of the National Health Service Act 2006;
p.000217: (l) section 80(4)(a) of the National Health Service (Wales) Act 2006;
p.000217:
p.000218: 218
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218:
p.000218: (m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
p.000218: (8) In the definition of “registered psychologist” in each of the following provisions, for “the
p.000218: Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
p.000218: (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;
p.000218: (b) section 207(6) of the Criminal Justice Act 2003;
p.000218: (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
p.000218: (d) section 25 of the Gender Recognition Act 2004.
p.000218:
p.000218: 214 The Health and Care Professions Council
p.000218: (1) The body corporate known as the Health Professions Council—
p.000218: (a) is to continue to exist, and
p.000218: (b) is to change its name to the Health and Care Professions Council.
p.000218: (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
p.000218: 254) (the Council and its Committees), for sub-paragraph (1) substitute—
p.000218: “(1) The Health and Care Professions Council is referred to in this Order as “the Council”.”
p.000218: (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
p.000218:
p.000218: 215 Functions of the Council in relation to social work in England
p.000218: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000218: (2) In article 3 (the Council and its Committees), in paragraph (5)(b)—
p.000218: (a) in paragraph (ii), omit “other”,
p.000218: (b) omit the “and” following paragraph (iv), and
p.000218: (c) after paragraph (v) insert “,
p.000218: (vi) the regulation of social work in England, and
p.000218: (vii) the provision, supervision or management of the services of persons engaged in social work in England.”
...
p.000255: (3) A direction under section 260(2)(d) may require the Information Centre to disseminate information
p.000255: which the Centre is prohibited from publishing only by virtue of the direction.
p.000255: (4) The Information Centre may also disseminate, in such form and manner and at such times as it considers
p.000255: appropriate, any information which it collects pursuant to a direction under section 254 or a request
p.000255: under section 255 (whether or not it falls within subsection (2)) to any person to whom the information
p.000255: could have been lawfully disclosed by the person from whom the Centre collected the information.
p.000255: (5) The Information Centre may also disclose information which it obtains by complying with a direction
p.000255: under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if—
p.000255:
p.000256: 256
p.000256: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000256: Health and Social Care Information Centre
p.000256:
p.000256: (a) the information has previously been lawfully disclosed to the public,
p.000256: (b) the disclosure is made in accordance with any court order,
p.000256: (c) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000256: (d) the disclosure is made to any person in circumstances where it is necessary or expedient for the
p.000256: person to have the information for the purpose of exercising functions of that person conferred under or by virtue of
p.000256: any provision of this or any other Act,
p.000256: (e) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000256: Kingdom), or
p.000256: (f) the disclosure is made for the purpose of criminal proceedings (whether or not in the United
p.000256: Kingdom).
p.000256: (6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would
p.000256: otherwise prohibit or restrict the disclosure.
p.000256: (7) Nothing in this section or section 262 prevents the Information Centre from disseminating information (otherwise
p.000256: than by publishing it) under or by virtue of any other provision of this or any other Act.
p.000256: (8) For the purposes of this section and section 262 the provision by the Information Centre of
p.000256: information which it has obtained by complying with a direction under section 254 or a request under section 255 to the
p.000256: person who gave the direction or made the request is to be treated as dissemination by the Centre of that information
p.000256: to that person.
p.000256:
p.000256: 262 Other dissemination: directions and requests under sections 254 and 255
p.000256: (1) A direction under section 254 may require the Information Centre to disseminate information
p.000256: which it obtains by complying with the direction if the information falls within subsection (2).
p.000256: (2) Information falls within this subsection if—
p.000256: (a) the information is required to be published under section 260;
p.000256: (b) the information is in a form which identifies any relevant person to whom the information relates or
p.000256: enables the identity of such a relevant person to be ascertained and—
p.000256: (i) the relevant person has consented to the dissemination, or
p.000256: (ii) the person giving the direction, after taking into account the public interest as well as the
p.000256: interests of the relevant person, considers that it is appropriate for the information to be disseminated;
...
p.000277: 277
p.000277:
p.000277: (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant
p.000277: of a lease.
p.000277: (8) In this section and Schedules 22 and 23, “qualifying company” means—
p.000277: (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned
p.000277: by the Secretary of State or the Board, or
p.000277: (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of
p.000277: State.
p.000277: (9) In section 301 and Schedules 22 and 23— “local authority” means—
p.000277: (a) a county council in England;
p.000277: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000277: council;
p.000277: (c) a London borough council;
p.000277: (d) the Council of the Isles of Scilly;
p.000277: (e) the Common Council of the City of London;
p.000277: “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
p.000277:
p.000277: 301 Transfer schemes: supplemental
p.000277: (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—
p.000277: (a) property, rights and liabilities that could not otherwise be transferred;
p.000277: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000277: (c) criminal liabilities but only where the transfer is to a person mentioned in subsection (2).
p.000277: (2) Those persons are—
p.000277: (a) the National Health Service Commissioning Board;
p.000277: (b) a clinical commissioning group;
p.000277: (c) a local authority;
p.000277: (d) the Care Quality Commission;
p.000277: (e) Monitor;
p.000277: (f) the National Institute for Health and Care Excellence;
p.000277: (g) the Health and Social Care Information Centre;
p.000277: (h) the Health and Care Professions Council;
p.000277: (i) a public authority other than a Minister of the Crown.
p.000277: (3) A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000277: transitional and consequential provision and may in particular—
p.000277: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000277: (b) make provision about the continuing effect of things done by the transferor in respect of anything
p.000277: transferred;
p.000277: (c) make provision about the continuation of things (including legal proceedings) in the process of being
p.000277: done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000277:
p.000278: 278
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 11 — Miscellaneous
p.000278:
p.000278: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000278: anything transferred to be treated as references to the transferee.
p.000278: (4) A property transfer scheme may make provision for the shared ownership or use of property.
p.000278: (5) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
p.000278: (6) A property transfer scheme or a staff transfer scheme may provide—
p.000278: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000278: (b) for any such modifications to have effect from the date when the original scheme comes into effect.
p.000278: (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this
p.000278: Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure
p.000278: that all the body’s liabilities (other than criminal liabilities) are dealt with.
p.000278: (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment)
p.000278: Regulations 2006 (SI 2006/246).
p.000278:
p.000278: 302 Subsequent property transfer schemes
p.000278: (1) This section applies in relation to any property, rights or liabilities which are transferred under a
p.000278: property transfer scheme under section 300(1) from a Primary Care Trust, a Strategic Health Authority or the
p.000278: Secretary of State to a Special Health Authority or a qualifying company.
p.000278: (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from
p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
...
p.000298: Incidental powers
p.000298: 20 The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—
p.000298: (a) enter into agreements,
p.000298: (b) acquire and dispose of property, and
p.000298: (c) accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).
p.000298: Seal and evidence
p.000298: 21 (1) The application of a clinical commissioning group’s seal must be authenticated by the signature of any
p.000298: person who has been authorised (generally or specially) for that purpose.
p.000298: (2) Any instrument which, if executed by an individual, would not need to be under seal may be executed on
p.000298: behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for
p.000298: that purpose.
p.000298: (3) A document purporting to be duly executed under a clinical commissioning group’s seal or to be signed on
p.000298: its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.
p.000298: PART 3 TRANSFER SCHEMES
p.000298: 22 The things that may be transferred under a property transfer scheme or a staff transfer scheme
p.000298: under section 14I include—
p.000298: (a) property, rights and liabilities that could not otherwise be transferred;
p.000298: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000298: (c) criminal liabilities.
p.000298: 23 A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000298: transitional and consequential provision and may in particular—
p.000298: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000298: (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;
p.000298: (c) make provision about the continuation of things (including legal proceedings) in the process
p.000298: of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000298:
p.000298: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000299: 299
p.000299: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000299: anything transferred to be treated as references to the transferee.
p.000299: 24 A property transfer scheme may make provision for the shared ownership or use of property.
p.000299: 25 A staff transfer scheme may make provision which is the same or similar to the Transfer of
p.000299: Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
p.000299: 26 A property transfer scheme or a staff transfer scheme may provide—
p.000299: (a) for the scheme to be modified by agreement after it comes into effect, and
...
p.000355: (b) omit subsections (3) and (4).
p.000355: 120 In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
p.000355: “(d) anything done by the National Health Service Commissioning Board or a clinical
p.000355: commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act
p.000355: 2006.”
p.000355: 121 In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
p.000355: (a) omit paragraph (a),
p.000355: (b) omit paragraph (b), and
p.000355: (c) before paragraph (d) insert—
p.000355: “(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;”.
p.000355: 122 In section 160 (provision of information)—
p.000355: (a) in subsection (1), after paragraph (g) insert—
p.000355: “(h) if the injured person received NHS treatment pursuant to arrangements made by a
p.000355: clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the
p.000355: clinical commissioning group.”, and
p.000355: (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or”
p.000355: preceding it.’.
p.000355: 123 In section 165 (power to apply provisions about recovery of charges to non- NHS hospitals), in subsection
p.000355: (3)(b)—
p.000355: (a) omit sub-paragraph (i), and
p.000355: (b) before sub-paragraph (ii) insert—
p.000355: “(ia) the National Health Service Commissioning Board,
p.000355: (ib) a clinical commissioning group,”.
p.000355:
p.000356: 356
p.000356:
p.000356: Criminal Justice Act 2003 (c. 44)
p.000356: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000356: 124 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
...
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000361: (c) in that subsection, omit paragraph (c), and
p.000361: (d) in the title, for “services-providers” substitute “responsible persons”.
p.000361: 151 In section 225 (duties of services-providers to allow entry by local involvement
p.000361: networks), in subsection (7), omit paragraph (c).
p.000361: 152 In section 227 (annual reports), in subsection (4)(b)—
p.000361: (a) omit “each Primary Care Trust,”,
p.000361: (b) omit “and”,
p.000361: (c) omit “each Strategic Health Authority,”, and
p.000361:
p.000362: 362
p.000362: Health and Social Care Act 2012 (c. 7)
p.000362: Schedule 5 — Part 1: amendments of other enactments
p.000362: (d) omit the words from “any” to the end.
p.000362: Criminal Justice and Immigration Act 2008 (c. 4)
p.000362: 153 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance
p.000362: on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).
p.000362: Health and Social Care Act 2008 (c. 14)
p.000362: 154 The Health and Social Care Act 2008 is amended as follows.
p.000362: 155 In section 30 (urgent procedure for cancellation), in subsection (3)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 156 In section 39 (bodies required to be notified of certain matters), in subsection (1)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 157 In section 46 (reviews and investigations)—
p.000362: (a) omit subsection (1),
p.000362: (b) omit subsection (2), and
p.000362: (c) in subsections (4) and (6)(a), for “a body’s” substitute “a local authority’s”.
p.000362: 158 In section 48 (special reviews and investigations)—
...
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
p.000412: 106 In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
p.000412: Criminal Justice and Immigration Act 2008 (c. 4)
p.000412: 107 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or
p.000412: disturbance on NHS premises), in the definition of “relevant English NHS body”—
p.000412: (a) omit paragraph (a), and
p.000412: (b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or”
p.000412: preceding that paragraph).
p.000412: Health and Social Care Act 2008 (c. 14)
p.000412: 108 The Health and Social Care Act 2008 is amended as follows.
p.000412: 109 In section 97(1) (general interpretation of Part 1)—
p.000412: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000412: (b) in the definition of “English NHS provider” omit paragraph (b).
p.000412: 110 In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial
p.000412: assistance), omit paragraph (c).
p.000412: Autism Act 2009 (c. 15)
p.000412: 111 In section 4(1) of the Autism Act 2009 (interpretation), in the definition of “NHS body”, omit paragraph
p.000412: (c).
p.000412: Health Act 2009 (c. 21)
p.000412: 112 The Health Act 2009 is amended as follows.
p.000412:
p.000412: Health and Social Care Act 2012 (c. 7)
p.000412: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000413: 413
p.000413: 113 In section 2(2) (bodies with duty to have regard to NHS Constitution) omit paragraph (c).
p.000413: 114 In section 8(2) (bodies with duty to publish information on quality of services) omit paragraph
p.000413: (b).
p.000413: Corporation Tax Act 2010 (c. 4)
p.000413: 115 In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table, in the
...
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p.000331: under this Act of the Secretary of State, the Board and each clinical commissioning group must be
p.000331: exercised”, and
p.000331: (b) for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may
p.000331: be)”.
p.000331: (3) In subsection (2), in paragraph (a)—
p.000331:
p.000332: 332
p.000332: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000332: Part 12 — Miscellaneous
p.000332: (a) after “exercisable by” insert “the Board,”,
p.000332: (b) after “a” insert “clinical commissioning group,”,
p.000332: (c) omit “Strategic Health Authority,”, and
p.000332: (d) omit “Primary Care Trust,”.
p.000332: 132 (1) Section 259 (sale of medical practices) is amended as follows.
p.000332: (2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.
p.000332: (3) After that subsection insert—
p.000332: “(4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a
p.000332: reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph
p.000332: 30 of Schedule 4 to the Health and Social Care Act 2012 (sub- paragraph (2) of which replaces section
p.000332: 83(2)).”
p.000332: (4) In subsection (5), in the definition of “relevant area”—
p.000332: (a) after ““relevant area”” insert “—
p.000332: (a) ”, and
p.000332: (b) at the end insert “;
p.000332: (b) in relation to the Board, in a case where a person has at any time provided or performed services by
p.000332: arrangement or contract with the Board, means the prescribed area (at the prescribed time).”
p.000332: 133 Omit section 268 (persons displaced by health service development), and the cross-heading which precedes
p.000332: it.
p.000332: 134 In section 271 (territorial limit of exercise of functions), in the words in brackets in
p.000332: subsection (3)(a), after “directions to” insert “certain”.
p.000332: 135 After section 271 insert—
p.000332: “271A Services to be treated as services of the Crown for certain purposes
p.000332: (1) Services to which this section applies are to be treated as services of the Crown for the purposes of—
p.000332: (a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services
p.000332: of the Crown etc.), and
p.000332: (b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).
p.000332: (2) This section applies to services provided in pursuance of—
p.000332: (a) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or
p.000332: (b) the public health functions of a local authority.”
p.000332: 136 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.
p.000332: (2) In subsection (3)—
p.000332: (a) omit paragraph (b), and
p.000332: (b) omit paragraph (d).
p.000332: (3) In subsection (5)—
p.000332:
p.000332: Health and Social Care Act 2012 (c. 7)
p.000332: Schedule 4 — Amendments of the National Health Service Act 2006 Part 12 — Miscellaneous
p.000332: (a) omit “a PCT order, or”, and
p.000332: (b) before paragraph (a) insert—
p.000332: “(za) section 14A(1),”.
p.000333: 333
p.000333: 137 (1) Section 273 (further provision about orders and directions) is amended as follows.
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Political / person in detention center
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p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
...
p.000077:
p.000077: 41 Provision of pocket money for in-patients
p.000077: (1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in- patients) is amended as follows.
p.000077: (2) In subsection (1)—
p.000077: (a) for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
p.000077: (b) for “he thinks fit” substitute “the Welsh Ministers think fit”,
p.000077: (c) for “their” substitute “those persons’”,
p.000077: (d) for “him” substitute “the Welsh Ministers”, and
p.000077: (e) for “they” substitute “those persons”.
p.000077: (3) In subsection (2)—
p.000077: (a) omit “the National Health Service Act 2006 and”, and
p.000077: (b) for “either of those Acts” substitute “that Act”.
p.000077: (4) In section 146 of that Act (application to Scotland), omit “122,”.
p.000077:
p.000077: 42 Transfers to and from special hospitals
p.000077: (1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
p.000077: (2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in
p.000077: subsection (4)—
p.000077: (a) after paragraph (c), insert “or”,
p.000077: (b) omit the “or” following paragraph (d), and
p.000077: (c) omit paragraph (e).
p.000077: (3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit
p.000077: “or under section 123 above”.
p.000077: (4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health
p.000077: Act 1999.
p.000077: (5) This section does not affect—
p.000077: (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before
p.000077: the commencement of this section,
p.000077:
p.000077: 78 Health and Social
p.000077: Care Act 2012 (c. 7)
p.000077: Part 1 — The health service in England
p.000077:
p.000077: (b) that Act in relation to any application, order or direction for admission or removal to a hospital
p.000077: made under that Act before that commencement, or
p.000077: (c) the authority for the retaking of a person who, before that commencement, escapes while
p.000077: being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
p.000077:
p.000077: 43 Independent mental health advocates
p.000077: (1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in
p.000077: subsection (1)—
p.000077: (a) for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
p.000077: (b) at the end insert “for whom the authority is responsible for the purposes of this section”.
p.000077: (2) In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
p.000077: (3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
p.000077: “(4A) A local social services authority is responsible for a qualifying patient if—
p.000077: (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered
p.000077: establishment in which he is liable to be detained is situated in that authority’s area;
p.000077: (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the
p.000077: responsible local social services authority within the meaning of section 34(3) above;
p.000077: (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is
p.000077: situated in that authority’s area;
p.000077: (d) in the case of a qualifying patient falling within subsection (3)—
p.000077: (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible
p.000077: for him for the purposes of section 130A above, or
p.000077: (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for
p.000077: the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the
p.000077: purposes of that section.
p.000077: (4B) In subsection (4A)(d) above—
p.000077: (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act
p.000077: 2005;
p.000077: (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of
...
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p.000023: (2) The payments may be made subject to such terms and conditions as the Board considers appropriate.
p.000023:
p.000023: Health and Social Care Act 2012 (c. 7)
p.000025: 25
p.000025: Part 1 — The health service in England
p.000025: 13Y Board’s incidental powers: further provision
p.000025: The power conferred on the Board by section 2 includes, in particular, power to—
p.000025: (a) enter into agreements,
p.000025: (b) acquire and dispose of property, and
p.000025: (c) accept gifts (including property to be held on trust for the purposes of the Board).
p.000025:
p.000025: Exercise of functions of Board
p.000025: 13Z Exercise of functions
p.000025: (1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed
p.000025: provision of any other Act.
p.000025: (2) The Board may arrange for any such function to be exercised by or jointly with—
p.000025: (a) a Special Health Authority,
p.000025: (b) a clinical commissioning group, or
p.000025: (c) such other body as may be prescribed.
p.000025: (3) Regulations may provide that the power in subsection (2) does not apply in relation to a function of a
p.000025: prescribed description.
p.000025: (4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body,
p.000025: they may be exercised by a joint committee of the Board and the other body.
p.000025: (5) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000025: agreed between the Board and the other party to the arrangements.
p.000025: (6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its
p.000025: functions.
p.000025:
p.000025: Power to confer additional functions
p.000025: 13Z1 Power to confer additional functions on the Board
p.000025: (1) Regulations may provide that the Board is to have such additional functions in relation to the
p.000025: health service as may be specified in the regulations.
p.000025: (2) A function may be specified in regulations under subsection (1) only if the function is connected to another
p.000025: function of the Board.
p.000025:
p.000025: Intervention powers
p.000025: 13Z2 Failure by the Board to discharge any of its functions
p.000025: (1) The Secretary of State may give a direction to the Board if the Secretary of State considers that—
p.000025: (a) the Board—
p.000025: (i) is failing or has failed to discharge any of its functions, or
p.000025:
p.000025: 26 Health and Social
p.000025: Care Act 2012 (c. 7)
p.000025: Part 1 — The health service in England
p.000025:
p.000025: (ii) is failing or has failed properly to discharge any of its functions, and
p.000025: (b) the failure is significant.
p.000025: (2) A direction under subsection (1) may direct the Board to discharge such of those functions, and in such
p.000025: manner and within such period or periods, as may be specified in the direction.
p.000025: (3) If the Board fails to comply with a direction under subsection (1), the Secretary of State may—
p.000025: (a) discharge the functions to which it relates, or
p.000025: (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
...
p.000029: (a) the Board to discharge any of its commissioning functions, or
p.000029: (b) a clinical commissioning group to discharge any of its functions.
p.000029: (3) The Board must publish guidance as to how it proposes to exercise its powers to make payments out of the
p.000029: contingency fund.
p.000029: (4) In this section, “commissioning functions” means functions in arranging for the provision of
p.000029: services as part of the health service.”
p.000029:
p.000029: Health and Social Care Act 2012 (c. 7)
p.000031: 31
p.000031: Part 1 — The health service in England
p.000031:
p.000031: Further provision about clinical commissioning groups
p.000031:
p.000031: 25 Clinical commissioning groups: establishment etc.
p.000031: (1) After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
p.000031: “CHAPTER A2
p.000031: CLINICAL COMMISSIONING GROUPS
p.000031:
p.000031: Establishment of clinical commissioning groups
p.000031: 14A General duties of Board in relation to clinical commissioning groups
p.000031: (1) The Board must exercise its functions under this Chapter so as to ensure that at any time after the day
p.000031: specified by order of the Secretary of State for the purposes of this section each provider of primary
p.000031: medical services is a member of a clinical commissioning group.
p.000031: (2) The Board must exercise its functions under this Chapter so as to ensure that at any time after the day
p.000031: so specified the areas specified in the constitutions of clinical commissioning groups—
p.000031: (a) together cover the whole of England, and
p.000031: (b) do not coincide or overlap.
p.000031: (3) For the purposes of this Chapter, “provider of primary medical services” means a person who is a party
p.000031: to an arrangement mentioned in subsection (4).
p.000031: (4) The arrangements mentioned in this subsection are—
p.000031: (a) a general medical services contract to provide primary medical services of a prescribed description,
p.000031: (b) arrangements under section 83(2) for the provision of primary medical services of a prescribed description,
p.000031: (c) section 92 arrangements for the provision of primary medical services of a prescribed description.
p.000031: (5) Where a person who is a provider of primary medical services is a party to more than one arrangement mentioned
p.000031: in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary
p.000031: medical services in respect of each of those arrangements.
p.000031: (6) Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection
p.000031: (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical
p.000031: services (and the individuals are not to be so treated).
p.000031: (7) Where two or more individuals are parties to an arrangement mentioned in subsection (4) but
p.000031: are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a
p.000031: provider of primary medical services (and the individuals are not to be so treated).
p.000031: 14B Applications for the establishment of clinical commissioning groups
p.000031: (1) An application for the establishment of a clinical commissioning group may be made to the Board.
p.000031:
p.000031: 32 Health and Social
p.000031: Care Act 2012 (c. 7)
p.000031: Part 1 — The health service in England
p.000031:
p.000031: (2) The application may be made by any two or more persons each of whom—
p.000031: (a) is or wishes to be a provider of primary medical services, and
p.000031: (b) wishes to be a member of the clinical commissioning group.
p.000031: (3) The application must be accompanied by—
p.000031: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000031: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see
p.000031: paragraph 12 of Schedule 1A), and
p.000031: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000031: (4) At any time before the Board determines the application—
p.000031: (a) a person who is or wishes to be a provider of primary medical services (and wishes to be a member
p.000031: of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the
p.000031: existing applicants;
p.000031: (b) any of the applicants may withdraw.
p.000031: (5) At any time before the Board determines the application, the applicants may modify the proposed constitution
p.000031: with the agreement of the Board.
p.000031: (6) Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.
p.000031: 14C Determination of applications
p.000031: (1) The Board must grant an application under section 14B if it is satisfied as to the following matters.
p.000031: (2) Those matters are—
p.000031: (a) that the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,
p.000031: (b) that each of the members specified in the constitution will be a provider of primary medical services on
p.000031: the date the clinical commissioning group is established,
p.000031: (c) that the area specified in the constitution is appropriate,
p.000031: (d) that it would be appropriate for the Board to appoint, as the accountable officer of the group, the
p.000031: person named by the group under section 14B(3)(b),
p.000031: (e) that the applicants have made appropriate arrangements to ensure that the clinical commissioning
p.000031: group will be able to discharge its functions,
p.000031: (f) that the applicants have made appropriate arrangements to ensure that the group will have a
p.000031: governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, and
p.000031: (g) such other matters as may be prescribed.
p.000031: (3) Regulations may make provision—
p.000031:
p.000031: Health and Social Care Act 2012 (c. 7)
p.000033: 33
...
p.000071: a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that
p.000071: Act applies as if for subsection (3) there were substituted—
p.000071: “(3) The amount to be paid by each of the affected local authorities is to be determined by agreement between the
p.000071: local authorities.”.
p.000071: (4) Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in
p.000071: relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered
p.000071: into by a water undertaker with the Secretary of State under section 87(1) of that Act.
p.000071:
p.000071: Health and Social Care Act 2012 (c. 7)
p.000073: 73
p.000073: Part 1 — The health service in England
p.000073: Functions relating to mental health matters
p.000073:
p.000073: 38 Approval functions
p.000073: (1) After section 12 of the Mental Health Act 1983 insert—
p.000073: “12ZA Agreement for exercise of approval function: England
p.000073: (1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary
p.000073: of State to be exercisable by the Secretary of State concurrently—
p.000073: (a) with that other person, and
p.000073: (b) if a requirement under section 12ZB has effect, with the other person by whom the function is
p.000073: exercisable under that requirement.
p.000073: (2) In this section and sections 12ZB and 12ZC, “approval function” means—
p.000073: (a) the function under section 12(2), or
p.000073: (b) the function of approving persons as approved clinicians.
p.000073: (3) An agreement under this section may, in particular, provide for an approval function to be exercisable
p.000073: by the other party—
p.000073: (a) in all circumstances or only in specified circumstances;
p.000073: (b) in all areas or only in specified areas.
p.000073: (4) An agreement under this section may provide for an approval function to be exercisable by the other party—
p.000073: (a) for a period specified in the agreement, or
p.000073: (b) for a period determined in accordance with the agreement.
p.000073: (5) The other party to an agreement under this section must comply with such instructions as the Secretary of State
p.000073: may give with respect to the exercise of the approval function.
p.000073: (6) An instruction under subsection (5) may require the other party to cease to exercise the function to
p.000073: such extent as the instruction specifies.
p.000073: (7) The agreement may provide for the Secretary of State to pay compensation to the other party
p.000073: in the event of an instruction such as is mentioned in subsection (6) being given.
p.000073: (8) An instruction under subsection (5) may be given in such form as the Secretary of State may determine.
p.000073: (9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may
p.000073: determine; but that does not apply to an instruction such as is mentioned in subsection (6).
p.000073: (10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and
p.000073: the Secretary of State may make payments to other persons in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZB Requirement to exercise approval functions: England
p.000073: (1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board
p.000073: (“the Board”) or a Special Health
p.000073:
p.000073: 74 Health and Social
p.000073: Care Act 2012 (c. 7)
p.000073: Part 1 — The health service in England
p.000073:
p.000073: Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State
p.000073: concurrently—
p.000073: (a) with the Board or (as the case may be) Special Health Authority, and
p.000073: (b) if an agreement under section 12ZA has effect, with the other person by whom the function is
p.000073: exercisable under that agreement.
p.000073: (2) The Secretary of State may, in particular, require the body concerned to exercise an approval function—
p.000073: (a) in all circumstances or only in specified circumstances;
p.000073: (b) in all areas or only in specified areas.
p.000073: (3) The Secretary of State may require the body concerned to exercise an approval function—
p.000073: (a) for a period specified in the requirement, or
p.000073: (b) for a period determined in accordance with the requirement.
p.000073: (4) Where a requirement under subsection (1) is imposed, the Board or (as the case may be) Special Health
p.000073: Authority must comply with such instructions as the Secretary of State may give with respect to the
p.000073: exercise of the approval function.
p.000073: (5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine.
p.000073: (6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may
p.000073: determine.
p.000073: (7) Where the Board or a Special Health Authority has an approval function by virtue of this section, the
p.000073: function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that
p.000073: Act.
p.000073: (8) The Secretary of State may make payments in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZC Provision of information for the purposes of section 12ZA or 12ZB
p.000073: (1) A relevant person may provide another person with such information as the relevant person considers
p.000073: necessary or appropriate for or in connection with—
p.000073: (a) the exercise of an approval function; or
p.000073: (b) the exercise by the Secretary of State of the power—
p.000073: (i) to enter into an agreement under section 12ZA;
p.000073: (ii) to impose a requirement under section 12ZB; or
p.000073: (iii) to give an instruction under section 12ZA(5) or 12ZB(4).
p.000073: (2) The relevant persons are—
p.000073: (a) the Secretary of State;
p.000073: (b) a person who is a party to an agreement under section 12ZA; or
p.000073: (c) if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning
p.000073: Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
p.000073:
p.000073: Health and Social Care Act 2012 (c. 7)
p.000075: 75
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (3) This section, in so far as it authorises the provision of information by one relevant person to
p.000075: another relevant person, has effect notwithstanding any rule of common law which would otherwise
p.000075: prohibit or restrict the provision.
p.000075: (4) In this section, “information” includes documents and records.”
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
...
p.000151: (a) in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and
p.000151: 60(1) of that Act, for “board of governors” substitute “council of governors”,
p.000151: (b) in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for
p.000151: “the board” (in each place it appears) substitute “the council”,
p.000151: (c) for the cross-heading preceding paragraph 7 of that Schedule substitute “Council of Governors”,
p.000151: (d) in the cross-heading preceding paragraph 28 of that Schedule, for “board” substitute “council”, and
p.000151: (e) in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for “board of governors” substitute “council of
p.000151: governors”.
p.000151:
p.000151: 152 Directors
p.000151: (1) After paragraph 18 of Schedule 7 to the National Health Service Act 2006
p.000151:
p.000152: 152
p.000152:
p.000152:
p.000152: insert—
p.000152: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000152: “18A The general duty of the board of directors, and of each director individually, is to act with a
p.000152: view to promoting the success of the corporation so as to maximise the benefits for the members of the corporation as a
p.000152: whole and for the public.”
p.000152: (2) After paragraph 18A of that Schedule insert—
p.000152: “18B(1) The duties that a director of a public benefit corporation has by virtue of being a director include in
p.000152: particular—
p.000152: (a) a duty to avoid a situation in which the director has (or can have) a direct or indirect interest that conflicts
p.000152: (or possibly may conflict) with the interests of the corporation;
p.000152: (b) a duty not to accept a benefit from a third party by reason of being a director or doing (or not doing)
p.000152: anything in that capacity.
p.000152: (2) The duty referred to in sub-paragraph (1)(a) is not infringed if—
p.000152: (a) the situation cannot reasonably be regarded as likely to give rise to a conflict of interest, or
p.000152: (b) the matter has been authorised in accordance with the constitution.
p.000152: (3) The duty referred to in sub-paragraph (1)(b) is not infringed if acceptance of the benefit cannot
p.000152: reasonably be regarded as likely to give rise to a conflict of interest.
p.000152: (4) In sub-paragraph (1)(b), “third party” means a person other than—
p.000152: (a) the corporation, or
p.000152: (b) a person acting on its behalf.”
p.000152: (3) After paragraph 18B of that Schedule insert—
p.000152: “18C(1) If a director of a public benefit corporation has in any way a direct or indirect interest in a proposed
p.000152: transaction or arrangement with the corporation, the director must declare the nature and extent of that interest to
p.000152: the other directors.
p.000152: (2) If a declaration under this paragraph proves to be, or becomes, inaccurate or incomplete, a further
p.000152: declaration must be made.
p.000152: (3) Any declaration required by this paragraph must be made before the corporation enters into the transaction or
p.000152: arrangement.
p.000152: (4) This paragraph does not require a declaration of an interest of which the director is not aware or where the
p.000152: director is not aware of the transaction or arrangement in question.
p.000152: (5) A director need not declare an interest—
p.000152: (a) if it cannot reasonably be regarded as likely to give rise to a conflict of interest;
p.000152: (b) if, or to the extent that, the directors are already aware of it;
p.000152: (c) if, or to the extent that, it concerns terms of the director’s appointment that have been or are to
p.000152: be considered—
p.000152: (i) by a meeting of the board of directors, or
p.000152:
p.000152: Health and Social Care Act 2012 (c. 7)
p.000152: Part 4 — NHS foundation trusts & NHS trusts
p.000153: 153
p.000153:
p.000153: (ii) by a committee of the directors appointed for the purpose under the constitution.”
p.000153: (4) After paragraph 18C of that Schedule insert—
p.000153: “18D(1) Before holding a meeting, the board of directors must send a copy of the agenda of the meeting to the council
p.000153: of governors.
...
p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
p.000295: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000295: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000295: the transfer of
p.000295:
p.000296: 296
p.000296: Health and Social Care Act 2012 (c. 7)
p.000296: Schedule 2 — Clinical commissioning groups
p.000296:
p.000296: any trust property from the clinical commissioning group to the trustees.
p.000296: Externally financed development agreements
p.000296: 16 (1) The powers of a clinical commissioning group include power to enter into externally financed development
p.000296: agreements.
p.000296: (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is
p.000296: certified as such in writing by the Secretary of State.
p.000296: (3) The Secretary of State may give a certificate under this paragraph if—
p.000296: (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision
p.000296: of services or facilities in connection with the discharge by a clinical commissioning group of any of its
p.000296: functions, and
p.000296: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with
p.000296: the agreement.
p.000296: (4) If a clinical commissioning group enters into an externally financed development agreement it may
p.000296: also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in
p.000296: relation to the externally financed development agreement.
p.000296: (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning
p.000296: group.
p.000296: (6) The fact that an agreement made by a clinical commissioning group has not been certified under this
p.000296: paragraph does not affect its validity.
p.000296: Accounts and audits
p.000296: 17 (1) A clinical commissioning group must keep proper accounts and proper records in relation to the accounts.
p.000296: (2) A clinical commissioning group must prepare annual accounts in respect of each financial year.
p.000296: (3) The Board may, with the approval of the Secretary of State, direct a clinical commissioning group to prepare
p.000296: accounts in respect of such period or periods as may be specified in the direction.
p.000296: (4) The Board may, with the approval of the Secretary of State, give directions to a clinical commissioning group as
p.000296: to—
p.000296: (a) the methods and principles according to which its annual or other accounts must be prepared, and
p.000296: (b) the form and content of such accounts.
p.000296: (5) The annual accounts and, if the Board so directs, accounts prepared by virtue of
p.000296: sub-paragraph (3) must be audited in accordance with the Audit Commission Act 1998 by an auditor or
p.000296:
p.000296: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000297: 297
p.000297: auditors appointed in accordance with arrangements made by the Board for the purposes of this paragraph.
p.000297: (6) The Comptroller and Auditor General may examine—
p.000297: (a) the annual accounts and any records relating to them, and
p.000297: (b) any report on them by the auditor or auditors.
p.000297: (7) A clinical commissioning group must send its audited annual accounts, and any audited accounts
...
p.000322: (7) In paragraph 7 (making a scheme)—
p.000322: (a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and
p.000322: (b) in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
p.000322: (8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000322: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000322: and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the
p.000322: purposes of the scheme.
p.000322: 93 (1) Schedule 12 (LPS schemes) is amended as follows.
p.000322:
p.000322: Health and Social Care Act 2012 (c. 7)
p.000322: Schedule 4 — Amendments of the National Health Service Act 2006 Part 7 — Pharmaceutical services
p.000322: (2) In paragraph 1 (provision of local pharmaceutical services)—
p.000322: (a) in sub-paragraph (1)—
p.000323: 323
p.000323: (i) for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”,
p.000323: (b) in sub-paragraph (2)—
p.000323: (i) in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the
p.000323: “commissioner”)”,
p.000323: (ii) in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and
p.000323: (iii) in paragraph (b), for “the commissioning body” substitute “the commissioner”,
p.000323: (c) omit sub-paragraph (2A),
p.000323: (d) for sub-paragraph (2B) substitute—
p.000323: “(2B) The Secretary of State may establish an LPS scheme only where the other party is the Board.
p.000323: (2C) The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may
p.000323: be prescribed.”,
p.000323: (e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (f) in sub-paragraph (5), omit “in its area”.
p.000323: (3) In paragraph 2 (designation of priority neighbourhoods or premises)—
p.000323: (a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (b) in sub-paragraph (1), omit “or Strategic Health Authority”.
p.000323: (4) In paragraph 3 (regulations)—
p.000323: (a) in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and
p.000323: (b) in sub-paragraph (3)(k)—
p.000323: (i) for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”.
p.000323: (5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of
p.000323: the Health Act 2009.
p.000323: (6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000323: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000323: and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the
p.000323: scheme.
p.000323: PART 8 CHARGING
p.000323: 94 In section 176 (dental charging)—
p.000323: (a) in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
p.000323:
p.000324: 324
...
p.000342: Dartford-Thurrock Crossing Act 1988 (c. 20)
p.000342: 43 In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
p.000342: (a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
p.000342: (b) for “that Act” substitute “the National Health Service Act 2006”, and
p.000342: (c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
...
p.000401:
p.000401:
p.000401: SCHEDULE 14 Section 179
p.000401: ABOLITION OF NHS TRUSTS IN ENGLAND: CONSEQUENTIAL AMENDMENTS
p.000401: PART 1
p.000401: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006
p.000401: 1 The National Health Service Act 2006 is amended as follows.
p.000401: 2 In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule
p.000401: 4 (NHS trusts)”.
p.000401: 3 In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).
p.000401: 4 In section 9 (NHS contracts), omit subsection (3).
p.000401: 5 In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for
p.000401: subsection (4) substitute—
p.000401: “(4) For the purposes of subsection (3), an agreement is an externally financed development agreement
p.000401: if it is certified as such by the Secretary of State.
p.000401:
p.000402: 402
p.000402: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part
p.000402: 1 — Amendments of the National Health Service Act 2006
p.000402: (4A) The Secretary of State may give a certificate under subsection (4) if—
p.000402: (a) in the opinion of the Secretary of State, the purpose or main purpose of the agreement is the provision
p.000402: of facilities or services in connection with the discharge by the NHS foundation trust of any of its
p.000402: functions, and
p.000402: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in
p.000402: connection with the agreement.
p.000402: (4B) In subsection (4A)(b), “another party” means any party to the agreement other than the NHS foundation
p.000402: trust.”
p.000402: 6 In section 42 (public dividend capital), after subsection (1) insert—
p.000402: “(1A) The reference in subsection (1) to an NHS trust is a reference to an NHS trust which was established under
p.000402: section 25 of this Act before its repeal by section 179 of the Health and Social Care Act 2012.”
p.000402: 7 In section 51 (trust funds and trustees), omit subsection (4).
p.000402: 8 In section 56 (mergers of NHS foundation trusts)—
p.000402: (a) in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and
p.000402: (b) in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.
p.000402: 9 In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—
p.000402: (a) in subsection (1)(b), omit “or an NHS trust established under section 25”,
p.000402: (b) in subsection (2), omit “(that is an NHS foundation trust)”, and
p.000402: (c) in subsection (3), omit paragraph (a) (and the following “and”).
p.000402: 10 In section 57 (mergers, acquisitions and separation of NHS foundation trusts) (as amended by
p.000402: sections 172 and 173(2)(a))—
p.000402: (a) in subsection (3)(a), omit “, an NHS trust established under section 25”,
p.000402: (b) in subsection (4), omit “or an NHS trust established under section 25”, and
p.000402: (c) omit subsection (5).
p.000402: 11 In section 65(1) (interpretation for provisions about NHS foundation trusts), in the definition of “health
p.000402: service body”, omit “an NHS trust,”.
p.000402: 12 In section 65A(1) (application of trust special administration regime), omit paragraph (a).
...
p.000407: Health Service Act 2006 or”.
p.000407: 49 In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS
p.000407: trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
p.000408: 57 In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of
p.000408: “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
p.000408: Social Security Contributions and Benefits Act 1992 (c. 4)
p.000408: 58 The Social Security Contributions and Benefits Act 1992 is amended as follows.
p.000408: 59 In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
p.000408: 60 In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
p.000408: 61 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
p.000408: 62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
p.000408: Health Service Commissioners Act 1993 (c. 46)
...
p.000442: (2) In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.
p.000442: (3) In subsection (2)—
p.000442: (a) after paragraph (c) insert —
p.000442: “(ca) the Scottish Ministers;”,
p.000442: (b) for paragraph (f) substitute—
p.000442: “(f) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;”,
p.000442: (c) for paragraph (ff) substitute—
p.000442: “(fa) Special Health Authorities established under section 28 of the National Health Service Act 2006;
p.000442: (fb) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;”,
p.000442: (d) omit paragraph (h),
p.000442: (e) before paragraph (k) insert—
p.000442: “(ja) the National Health Service Commissioning Board; (jb) clinical commissioning groups established
p.000442: under
p.000442: section 14D of the National Health Service Act 2006;”,
p.000442:
p.000442: Health and Social Care Act 2012 (c. 7)
p.000442: Schedule 21 — Amendments relating to relationships between the health services
p.000443: 443
p.000443: (f) in paragraph (k), for “section 5 of the National Health Service and Community Care Act 1990” substitute
p.000443: “section 18 of the National Health Service (Wales) Act 2006”,
p.000443: (g) omit paragraph (ka),
p.000443: (h) after paragraph (m) insert—
p.000443: “(ma) the Welsh Ministers;”,
p.000443: (i) after paragraph (p) omit the “and,”,
p.000443: (j) after paragraph (q) insert—
p.000443: “(r) the National Institute for Health and Care Excellence; and
p.000443: (s) the Health and Social Care Information Centre,”.
p.000443: (4) After subsection (10) insert—
p.000443: “(11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is
p.000443: a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006.
p.000443: (12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000443: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000443: for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting
p.000443: jointly.
p.000443: (13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is
p.000443: a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443: (14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the
p.000443: substitution for references to the Secretary of State—
p.000443: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000443: Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and
p.000443: (b) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly.
p.000443: (15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special
p.000443: Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and
p.000443: the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443:
p.000444: 444
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444:
p.000444: (16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000444: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000444: for references to the Secretary of State—
p.000444: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000444: references to the Secretary of State and the Scottish Ministers acting jointly;
p.000444: (b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh
p.000444: Ministers and the Scottish Ministers acting jointly; and
p.000444: (c) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000444: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000444: (17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority
...
p.000444: Act 2006;”.
p.000444: (4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to
p.000444: the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
p.000444: 4 In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in
p.000444: paragraph (b) of the definition of “NHS employee”—
p.000444: (a) in sub-paragraph (ii) omit “a Primary Care Trust or”,
p.000444: (b) in sub-paragraph (iii)—
p.000444: (i) after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
p.000444: (c) omit the words from “and in this paragraph” to the end.
p.000444:
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444: National Health Service Act 2006 (c. 41)
p.000444: 5 The National Health Service Act 2006 is amended as follows.
p.000444: 6 In section 9 (NHS contracts), in subsection (4)—
p.000444: (a) after paragraph (f) insert—
p.000445: 445
p.000445: “(fa) a Special Health Board constituted under that section,”, and
p.000445: (b) after paragraph (n) insert—
p.000445: “(na) the Scottish Ministers,
p.000445: (nb) Healthcare Improvement Scotland,”.
p.000445: 7 After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
p.000445: “10A Provision for bodies in Scotland
p.000445: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000445: (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed
p.000445: arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978.
p.000445: (2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State of references to the Secretary of State and
p.000445: the Scottish Ministers acting jointly.
p.000445: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a
p.000445: party or prospective party to an arrangement or proposed arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
p.000445: (4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State—
p.000445: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000445: references to the Secretary of State and the Scottish Ministers acting jointly; and
p.000445: (b) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000445: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000445: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000445: is established under the
p.000445:
p.000446: 446
p.000446: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000446:
p.000446: National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
...
p.000446: (2) Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Strategic Health Authorities.
p.000446: (3) Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Primary Care Trusts.
p.000446: 11 In section 78 (directed partnership arrangements), in subsection (3)—
p.000446: (a) in paragraph (c) after “NHS trusts” insert “established under section 25”, and
p.000446: (b) omit paragraph (d).
p.000446: National Health Service (Wales) Act 2006 (c. 42)
p.000446: 12 The National Health Service (Wales) Act 2006 is amended as follows.
p.000446:
p.000446: Health and Social Care Act 2012 (c. 7)
p.000446: Schedule 21 — Amendments relating to relationships between the health services
p.000446: 13 In section 7 (NHS contracts), in subsection (4)—
p.000446: (a) omit paragraph (a),
p.000446: (b) omit paragraph (b),
p.000446: (c) before paragraph (c) insert—
p.000447: 447
p.000447: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,”,
p.000447: (d) after paragraph (f) insert—
p.000447: “(fa) a Special Health Board constituted under that section,”,
p.000447: (e) omit paragraph (j), and
p.000447: (f) after paragraph (n) insert—
p.000447: “(na) the Scottish Ministers,
p.000447: (nb) Healthcare Improvement Scotland,”.
p.000447: 14 After section 8 insert—
p.000447: “8A Provision for bodies in Scotland
p.000447: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000447: (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed
p.000447: arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978.
p.000447: (2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement with the substitution for references to the Welsh Ministers—
p.000447: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000447: Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and
p.000447: (b) for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly.
p.000447: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a
p.000447: party or prospective party to an arrangement or proposed arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006.
p.000447: (4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000447: with the substitution for references to the Welsh Ministers—
p.000447: (a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references
p.000447: to the Welsh Ministers and the Scottish Ministers acting jointly, and
p.000447: (b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh
p.000447: Ministers and
p.000447:
p.000448: 448
p.000448: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000448:
p.000448: the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
p.000448: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000448: is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue
p.000448: of—
...
Political / vulnerable
Searching for indicator vulnerable:
(return to top)
p.000188: is subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a person who is an independent provider in Wales (within the meaning of
p.000188: the Public Services Ombudsman (Wales) Act 2005);
p.000188: “Welsh health body” means—
p.000188: (a) a Local Health Board,
p.000188: (b) an NHS trust managing a hospital or other establishment or facility in Wales,
p.000188:
p.000188: Health and Social Care Act 2012 (c. 7)
p.000188: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000189: 189
p.000189:
p.000189: (c) a Special Health Authority not discharging functions only or mainly in England,
p.000189: (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
p.000189: (e) a family health service provider in Wales (within the meaning of that Act), or
p.000189: (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and
p.000189: Standards) Act 2003.”
p.000189: (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the
p.000189: provision of independent advocacy arrangements).
p.000189: (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for
p.000189: “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public
p.000189: Involvement in Health Act 2007”.
p.000189: (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection
p.000189: (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the
p.000189: Local Government and Public Involvement in Health Act 2007”.
p.000189:
p.000189: 186 Requests, rights of entry and referrals
p.000189: (1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to
p.000189: respond to requests for information etc.) is amended as follows.
p.000189: (2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local
p.000189: Healthwatch organisation or a Local Healthwatch contractor”.
p.000189: (3) For subsection (3) substitute—
p.000189: “(3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is
p.000189: done by that organisation—
p.000189: (a) in the carrying-on, under arrangements made under section 221(1), of activities specified in section
p.000189: 221(2), or
p.000189: (b) in compliance with a requirement imposed by virtue of section 223(2)(i).
p.000189: (3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is
p.000189: done by that contractor in the carrying- on, under Local Healthwatch arrangements, of activities specified in
p.000189: section 221(2).”
p.000189: (4) After subsection (4) insert— “(5) In this section—
p.000189: “Local Healthwatch arrangements” has the meaning given by section 222;
p.000189: “Local Healthwatch contractor” has the meaning given by section 223.”
p.000189: (5) In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations or
p.000189: contractors”.
p.000189:
p.000190: 190
p.000190: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
...
p.000217: Council, the Care Council for Wales, the Scottish Social Services Council or the Northern Ireland Social Care
p.000217: Council;”.
p.000217: (6) For the title to the Order substitute “Health and Social Work Professions Order 2001”.
p.000217: (7) In the following provisions, for “the Health Professions Order 2001” substitute “the Health and Social Work
p.000217: Professions Order 2001”—
p.000217: (a) section 18(e) of the London County Council (General Powers) Act 1920;
p.000217: (b) section 58(1A)(a) of the Medicines Act 1968;
p.000217: (c) section 27(1A)(a) of the National Health Service (Scotland) Act 1978;
p.000217: (d) section 3(11) of the Video Recordings Act 1984;
p.000217: (e) paragraph (E) in the third column of the entry for the London County Council (General Powers) Act 1920 in
p.000217: Schedule 2 to the Greater London Council (General Powers) Act 1984;
p.000217: (f) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local
p.000217: Authorities Act 1991;
p.000217: (g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
p.000217: (h) section 69(1)(h) of the Data Protection Act 1998;
p.000217: (i) section 60(2)(c) of the Health Act 1999;
p.000217: (j) section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
p.000217: (k) section 126(4)(a) of the National Health Service Act 2006;
p.000217: (l) section 80(4)(a) of the National Health Service (Wales) Act 2006;
p.000217:
p.000218: 218
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218:
p.000218: (m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
p.000218: (8) In the definition of “registered psychologist” in each of the following provisions, for “the
p.000218: Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
p.000218: (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;
p.000218: (b) section 207(6) of the Criminal Justice Act 2003;
p.000218: (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
p.000218: (d) section 25 of the Gender Recognition Act 2004.
p.000218:
p.000218: 214 The Health and Care Professions Council
p.000218: (1) The body corporate known as the Health Professions Council—
p.000218: (a) is to continue to exist, and
p.000218: (b) is to change its name to the Health and Care Professions Council.
p.000218: (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
p.000218: 254) (the Council and its Committees), for sub-paragraph (1) substitute—
p.000218: “(1) The Health and Care Professions Council is referred to in this Order as “the Council”.”
p.000218: (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
...
p.000359:
p.000360: 360
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360:
p.000360: (a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National
p.000360: Health Service Act 2006;
p.000360: (b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.”
p.000360: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000360: 139 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
p.000360: (a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a),
p.000360: 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating
p.000360: to Primary Care Trusts), and
p.000360: (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)
p.000360: (which make amendments relating to Strategic Health Authorities).
p.000360: NHS Redress Act 2006 (c. 44)
p.000360: 140 The NHS Redress Act 2006 is amended as follows.
p.000360: 141 In section 1, in subsection (3)—
p.000360: (a) after paragraph (a) insert—
p.000360: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group,”,
p.000360: (b) omit paragraph (b),
p.000360: (c) omit paragraph (c), and
p.000360: (d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
p.000360: 142 In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic
p.000360: Health Authority”.
p.000360: Safeguarding Vulnerable Groups Act 2006 (c. 47)
p.000360: 143 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
p.000360: 144 In section 6 (regulated activity providers)—
p.000360: (a) omit subsection (8D), and
p.000360: (b) before subsection (9) insert—
p.000360: “(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make
p.000360: arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical
p.000360: commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health
p.000360: Service Act 2006 (direct payments for health services).”
p.000360: 145 In section 17 (NHS employment) in subsection (3)—
p.000360: (a) before paragraph (a) insert—
p.000360: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000360: (b) omit paragraph (b), and
p.000360:
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360: (c) omit paragraph (f).
p.000361: 361
p.000361: 146 In section 22 (controlled activity relating to vulnerable adults), in subsection
p.000361: (6) in the definition of “hospital services” omit paragraph (d).
p.000361: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000361: 147 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in
p.000361: subsection (7) in the definition of “relevant NHS body”—
p.000361: (a) before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board;”, and
p.000361: (b) in paragraph (a)—
p.000361: (i) at the beginning insert “a clinical commissioning group,”
p.000361: (ii) omit “a Strategic Health Authority,”, and
p.000361: (iii) omit “Primary Care Trust,”.
p.000361: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
...
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
p.000419: (5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to
p.000419: “Welsh Ministers, on”.
p.000419: (6) In paragraph 8 (matters outside the scope of regulations)—
p.000419: (a) in sub-paragraph (1), omit “the General Social Care Council or”,
p.000419: (b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
p.000419: (c) in that sub-paragraph, for “that Council” substitute “the Council”.
p.000419: (7) Omit paragraph 9 (preliminary procedure for making regulations: England).
p.000419: (8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.
p.000419: Amendments to other Acts
p.000419: 50 In the following provisions, omit the entry for the General Social Care Council—
p.000419: (a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000419: (b) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000419: (c) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000419: (d) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000419: (e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000419: 51 In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for
p.000419: professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
p.000419: 52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in
p.000419: entry number 8 in the table in subsection (7)—
p.000419: (a) in the first column, after “social care workers” insert “in Wales”, and
p.000419: (b) in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
p.000419: PART 2
p.000419: THE HEALTH AND CARE PROFESSIONS COUNCIL
p.000419: 53 (1) A reference in any instrument or document to the Health Professions Council is to be read, in
p.000419: relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions
p.000419: Council.
p.000419: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and
p.000419: Care Professions Council is to be read, in relation to any time before the commencement of section
p.000419: 214(1), as a reference to the Health Professions Council.
p.000419: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000419: (a) an Act of Parliament,
p.000419: (b) an Act of the Scottish Parliament,
p.000419: (c) an Act or Measure of the National Assembly for Wales, or
p.000419: (d) Northern Ireland legislation.
p.000419:
p.000420: 420
p.000420: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 2 — The Health
p.000420: and Care Professions Council
p.000420: 54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000420: insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate
p.000420: place insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 56 In the following provisions, for “the Health Professions Council” substitute “the Health and Care
p.000420: Professions Council”—
p.000420: (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
p.000420: (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
p.000420: (c) section 4(4)(a) of the Health (Wales) Act 2003,
p.000420: (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
p.000420: (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
p.000420: (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
p.000420: 57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for
p.000420: paragraph (a) substitute—
p.000420: “(a) the Health and Care Professions Council;”.
p.000420: 58 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
p.000420: “(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that
p.000420: body in so far as it has functions relating to the social work profession in England or social care workers in England
p.000420: (each of those expressions having the same meaning as in section 60 of the Health Act 1999).”
p.000420: PART 3
p.000420: THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE
p.000420: General
p.000420: 59 (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be
p.000420: read, in relation to any time after the commencement of section 222(1), as a reference to the
p.000420: Professional Standards Authority for Health and Social Care.
p.000420: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional
p.000420: Standards Authority for Health and Social Care is to be read, in relation to any time before the
p.000420: commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
p.000420: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000420: (a) an Act of Parliament,
p.000420: (b) an Act of the Scottish Parliament,
p.000420:
p.000420: Health and Social Care Act 2012 (c. 7)
p.000420: Schedule 15 — Part 7: consequential amendments and savings
p.000420: Part 3 — The Professional Standards Authority for Health and Social Care
p.000420: (c) an Act or Measure of the National Assembly for Wales, or
...
Health / Cognitive Impairment
Searching for indicator impairment:
(return to top)
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
p.000011: 12 Health and Social
p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
p.000011: (vii) in that paragraph for “execute” substitute “the execution of”,
p.000011: (c) in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
p.000011: (d) in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
p.000011: (12) In paragraph 12 (provision of a microbiological service)—
p.000011: (a) in sub-paragraph (1)—
p.000011: (i) omit paragraph (a) and the word “and” immediately following it,
p.000011: (ii) in paragraph (b) omit “other”, and
...
Health / Drug Dependence
Searching for indicator dependence:
(return to top)
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
...
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
p.000240: section to give NICE a direction to prepare a quality standard in relation to the same matter or connected
p.000240: matters.
p.000240: (9) In such a case—
...
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
...
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
...
Health / Drug Usage
Searching for indicator substance:
(return to top)
p.000087: information or training, as it considers appropriate in connection with the functions mentioned in paragraphs
p.000087: (a) to (g).
p.000087: (2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or
p.000087: conducive to, the exercise of any of its functions under this section.
p.000087: (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate
p.000087: authority under this section (whether or not in relation to the United Kingdom).
p.000087: (4) The appropriate authority must co-operate with the person in the exercise of those functions.
p.000087: (5) The person must co-operate with the appropriate authority in the exercise of the authority’s functions under
p.000087: this section.
p.000087: (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
...
p.000241: the Secretary of State or (as the case may be) the Board.
p.000241: (2) “Quality matter”—
p.000241: (a) in relation to the Secretary of State, means any matter in relation to which the Secretary of State
p.000241: has the power to direct NICE to prepare a quality standard, and
p.000241: (b) in relation to the Board, means any matter in relation to which the Board has the power to direct
p.000241: NICE to prepare a quality standard.
p.000241:
p.000242: 242
p.000242: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000242:
p.000242: Functions: advice, guidance etc.
p.000242:
p.000242: 237 Advice, guidance, information and recommendations
p.000242: (1) Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of
p.000242: information or making of recommendations about any matter concerning or connected with the provision of—
p.000242: (a) NHS services,
p.000242: (b) public health services, or
p.000242: (c) social care in England.
p.000242: (2) The regulations may provide that a function conferred under subsection (1)(a)—
p.000242: (a) is only exercisable on the direction of the Secretary of State or the Board;
p.000242: (b) is subject to directions given by the Secretary of State or (as the case may be) the Board about NICE’s exercise
p.000242: of the function.
p.000242: (3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—
p.000242: (a) is only exercisable on the direction of the Secretary of State;
p.000242: (b) is subject to directions given by the Secretary of State about NICE’s exercise of the function.
p.000242: (4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance
p.000242: of advice, guidance or recommendations of NICE.
p.000242: (5) The regulations may make provision about—
p.000242: (a) the persons who may request or require that advice, guidance, information or recommendations
p.000242: be given, provided or (as the case may be) made by NICE,
p.000242: (b) the publication or other dissemination of the advice, guidance, information or recommendations
p.000242: (whether by NICE, the Secretary of State or the Board), and
p.000242: (c) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision
p.000242: of information or making of recommendations.
p.000242: (6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE
p.000242: considers to be the appropriate commercial basis.
p.000242: (7) The regulations must make provision about—
p.000242: (a) the establishment by NICE of procedures for the giving of advice or guidance, provision of information or
p.000242: making of recommendations under the regulations, and
p.000242: (b) consultation by NICE in establishing the procedures.
p.000242: (8) The regulations may make provision requiring specified health or social care bodies, or health or social care
p.000242: bodies of a specified description, to—
p.000242: (a) have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE
p.000242: pursuant to the regulations;
p.000242: (b) comply with specified recommendations, or recommendations of a specified description, made by NICE
p.000242: pursuant to the regulations.
p.000242:
p.000242: Health and Social Care Act 2012 (c. 7)
p.000242: Part 8 — The National Institute for Health and Care Excellence
p.000243: 243
p.000243:
...
Health / Mentally Disabled
Searching for indicator disabled:
(return to top)
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
p.000011: (ii) for “a local authority” substitute “the local authority”.
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
p.000011: 12 Health and Social
p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
...
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
p.000338: (ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
p.000338: (iii) omit “Primary Care Trust,” (in each place where it occurs),
p.000338: (iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (b) in subsection (4)—
p.000338: (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of
p.000338: functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
...
p.000341: (c) omit the definition of “Primary Care Trust”, and
p.000341: (d) omit the definition of “Strategic Health Authority”.
p.000341: (2) In consequence of the repeals made by sub-paragraph (1)—
p.000341: (a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act
p.000341: 2002, and
p.000341: (b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.
p.000341: Public Health (Control of Disease) Act 1984 (c. 22)
p.000341: 32 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain
p.000341: diseases), in subsection (4)(a)—
p.000341: (a) omit “Strategic Health Authorities,”, and
p.000341: (b) omit “, Primary Care Trusts”.
p.000341: Dentists Act 1984 (c. 24)
p.000341: 33 The Dentists Act 1984 is amended as follows.
p.000341: 34 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
p.000341: 35 In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
p.000341: 36 In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
p.000341: (a) omit “under section 92 of the National Health Service Act 2006 or”,
p.000341: (b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
p.000341: (c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
p.000341: (d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
p.000341: 37 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
p.000341: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000341: 38 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
p.000341: 39 In section 2 (rights of authorised representatives of disabled persons)—
p.000341: (a) in subsection (5) in paragraph (a)—
p.000341: (i) after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements
p.000341: made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000341: Service Act 2006 or”,
p.000341: (ii) for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or
p.000341: 2B”, and
p.000341: (iii) omit “by a Primary Care Trust established under that Act,”,
p.000341: (b) in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision
p.000341: of services,”, and
p.000341:
p.000342: 342
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342:
p.000342: (c) in subsection (9) in the definition of “health authority”, in paragraph (a)—
p.000342: (i) after “means” insert “the National Health Service Commissioning Board, a clinical
p.000342: commissioning group or”,
p.000342: (ii) omit “a Strategic Health Authority,”, and
p.000342: (iii) omit “or a Primary Care Trust”.
p.000342: 40 In section 7 (persons discharged from hospital), in subsection (9)—
p.000342: (a) in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a
p.000342: clinical commissioning group”, and
p.000342: (b) in the definition of “the managers”—
p.000342: (i) in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS
p.000342: foundation trust”,
...
p.000406: insurance requirement), omit “section 25 of the National Health Service Act 2006,”.
p.000406:
p.000406: Health and Social Care Act 2012 (c. 7)
p.000406: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000406: Local Government Act 1972 (c. 70)
p.000407: 407
p.000407: 45 In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal
p.000407: of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.
p.000407: House of Commons Disqualification Act 1975 (c. 24)
p.000407: 46 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000407: membership of the House), in the entry for National Health Service trusts omit “the National Health Service Act
p.000407: 2006 or”.
p.000407: Acquisition of Land Act 1981 (c. 67)
p.000407: 47 The Acquisition of Land Act 1981 is amended as follows.
p.000407: 48 In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase), omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: 49 In section 17(4) (special parliamentary procedure applying to compulsory purchase orders concerning NHS
p.000407: trusts’ land), in paragraph (aa) of the definition of “statutory undertakers” omit “section 25 of the National
p.000407: Health Service Act 2006 or”.
p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
...
Searching for indicator mentally:
(return to top)
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
...
Searching for indicator disability:
(return to top)
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
...
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
...
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
...
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
...
Health / Motherhood/Family
Searching for indicator family:
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p.000188: section.
p.000188: (9) A direction under subsection (8) may be varied or revoked.
p.000188: (10) In this section—
p.000188: “the health service” has the same meaning as in the National Health Service Act 2006;
p.000188: “health service body” means—
p.000188: (a) in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is
p.000188: subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales)
p.000188: Act 2005);
p.000188: “independent provider” means—
p.000188: (a) in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993,
p.000188: is subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a person who is an independent provider in Wales (within the meaning of
p.000188: the Public Services Ombudsman (Wales) Act 2005);
p.000188: “Welsh health body” means—
p.000188: (a) a Local Health Board,
p.000188: (b) an NHS trust managing a hospital or other establishment or facility in Wales,
p.000188:
p.000188: Health and Social Care Act 2012 (c. 7)
p.000188: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000189: 189
p.000189:
p.000189: (c) a Special Health Authority not discharging functions only or mainly in England,
p.000189: (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
p.000189: (e) a family health service provider in Wales (within the meaning of that Act), or
p.000189: (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and
p.000189: Standards) Act 2003.”
p.000189: (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the
p.000189: provision of independent advocacy arrangements).
p.000189: (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for
p.000189: “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public
p.000189: Involvement in Health Act 2007”.
p.000189: (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection
p.000189: (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the
p.000189: Local Government and Public Involvement in Health Act 2007”.
p.000189:
p.000189: 186 Requests, rights of entry and referrals
p.000189: (1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to
p.000189: respond to requests for information etc.) is amended as follows.
p.000189: (2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local
p.000189: Healthwatch organisation or a Local Healthwatch contractor”.
p.000189: (3) For subsection (3) substitute—
p.000189: “(3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is
p.000189: done by that organisation—
...
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
...
Health / Physically Disabled
Searching for indicator illness:
(return to top)
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002:
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: For section 1 of the National Health Service Act 2006 (Secretary of State’s duty
p.000002:
p.000002: 2
p.000002:
p.000002: to promote health service) substitute—
p.000002: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000002: “1 Secretary of State’s duty to promote comprehensive health service
p.000002: (1) The Secretary of State must continue the promotion in England of a comprehensive health service
p.000002: designed to secure improvement—
p.000002: (a) in the physical and mental health of the people of England, and
p.000002: (b) in the prevention, diagnosis and treatment of physical and mental illness.
p.000002: (2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as
p.000002: to secure that services are provided in accordance with this Act.
p.000002: (3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service
p.000002: in England.
p.000002: (4) The services provided as part of the health service in England must be free of charge except in so far as the
p.000002: making and recovery of charges is expressly provided for by or under any enactment, whenever passed.”
p.000002:
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: After section 1 of the National Health Service Act 2006 insert—
p.000002: “1A Duty as to improvement in quality of services
p.000002: (1) The Secretary of State must exercise the functions of the Secretary of State in relation to the health service
p.000002: with a view to securing continuous improvement in the quality of services provided to individuals for or in connection
p.000002: with—
p.000002: (a) the prevention, diagnosis or treatment of illness, or
p.000002: (b) the protection or improvement of public health.
p.000002: (2) In discharging the duty under subsection (1) the Secretary of State must, in particular, act
p.000002: with a view to securing continuous improvement in the outcomes that are achieved from the provision of the
p.000002: services.
p.000002: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000002: (a) the effectiveness of the services,
p.000002: (b) the safety of the services, and
p.000002: (c) the quality of the experience undergone by patients.
p.000002: (4) In discharging the duty under subsection (1), the Secretary of State must have regard to the
p.000002: quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.”
p.000002:
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: After section 1A of the National Health Service Act 2006 insert—
p.000002: “1B Duty as to the NHS Constitution
p.000002: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS
p.000002: Constitution.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000003: 3
p.000003: Part 1 — The health service in England
p.000003:
p.000003: (2) In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see
p.000003: section 1 of that Act).”
p.000003:
p.000003: 4 The Secretary of State’s duty as to reducing inequalities
p.000003: After section 1B of the National Health Service Act 2006 insert—
p.000003: “1C Duty as to reducing inequalities
p.000003: In exercising functions in relation to the health service, the Secretary of State must have regard to the need to
...
p.000005: Chapter A2 of Part 2.
p.000005: (2) Each clinical commissioning group has the function of arranging for the provision of services for the purposes
p.000005: of the health service in England in accordance with this Act.”
p.000005:
p.000005: 6 Health and Social
p.000005: Care Act 2012 (c. 7)
p.000005: Part 1 — The health service in England
p.000005:
p.000005: Arrangements for provision of health services
p.000005:
p.000005: 11 The Secretary of State’s duty as to protection of public health
p.000005: After section 2 of the National Health Service Act 2006 insert—
p.000005:
p.000005: “Provision for protection or improvement of public health
p.000005: 2A Secretary of State’s duty as to protection of public health
p.000005: (1) The Secretary of State must take such steps as the Secretary of State considers appropriate for the
p.000005: purpose of protecting the public in England from disease or other dangers to health.
p.000005: (2) The steps that may be taken under subsection (1) include—
p.000005: (a) the conduct of research or such other steps as the Secretary of State considers appropriate for advancing
p.000005: knowledge and understanding;
p.000005: (b) providing microbiological or other technical services (whether in laboratories or otherwise);
p.000005: (c) providing vaccination, immunisation or screening services;
p.000005: (d) providing other services or facilities for the prevention, diagnosis or treatment of illness;
p.000005: (e) providing training;
p.000005: (f) providing information and advice;
p.000005: (g) making available the services of any person or any facilities.
p.000005: (3) Subsection (4) applies in relation to any function under this section which relates to—
p.000005: (a) the protection of the public from ionising or non-ionising radiation, and
p.000005: (b) a matter in respect of which the Health and Safety Executive has a function.
p.000005: (4) In exercising the function, the Secretary of State must—
p.000005: (a) consult the Health and Safety Executive, and
p.000005: (b) have regard to its policies.”
p.000005:
p.000005: 12 Duties as to improvement of public health
p.000005: After section 2A of the National Health Service Act 2006 insert—
p.000005: “2B Functions of local authorities and Secretary of State as to improvement of public health
p.000005: (1) Each local authority must take such steps as it considers appropriate for improving the health of the people in
p.000005: its area.
p.000005: (2) The Secretary of State may take such steps as the Secretary of State considers appropriate for
p.000005: improving the health of the people of England.
p.000005: (3) The steps that may be taken under subsection (1) or (2) include—
p.000005: (a) providing information and advice;
p.000005:
p.000005: Health and Social Care Act 2012 (c. 7)
p.000007: 7
p.000007: Part 1 — The health service in England
p.000007:
p.000007: (b) providing services or facilities designed to promote healthy living (whether by helping individuals
p.000007: to address behaviour that is detrimental to health or in any other way);
p.000007: (c) providing services or facilities for the prevention, diagnosis or treatment of illness;
p.000007: (d) providing financial incentives to encourage individuals to adopt healthier lifestyles;
p.000007: (e) providing assistance (including financial assistance) to help individuals to minimise any risks to health
p.000007: arising from their accommodation or environment;
p.000007: (f) providing or participating in the provision of training for persons working or seeking to work in
p.000007: the field of health improvement;
p.000007: (g) making available the services of any person or any facilities.
p.000007: (4) The steps that may be taken under subsection (1) also include providing grants or loans
p.000007: (on such terms as the local authority considers appropriate).
p.000007: (5) In this section, “local authority” means—
p.000007: (a) a county council in England;
p.000007: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000007: council;
p.000007: (c) a London borough council;
p.000007: (d) the Council of the Isles of Scilly;
p.000007: (e) the Common Council of the City of London.”
p.000007:
p.000007: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000007: (1) Section 3 of the National Health Service Act 2006 is amended as follows.
p.000007: (2) In subsection (1)—
p.000007: (a) for the words from the beginning to “reasonable requirements” substitute “A clinical
p.000007: commissioning group must arrange for the provision of the following to such extent as it considers necessary to
p.000007: meet the reasonable requirements of the persons for whom it has responsibility”, and
...
p.000007: duty to arrange for its provision.”
p.000007: (4) After subsection (1E) insert—
p.000007: “(1F) In exercising its functions under this section and section 3A, a clinical commissioning group must act
p.000007: consistently with—
p.000007: (a) the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a
p.000007: comprehensive health service), and
p.000007: (b) the objectives and requirements for the time being specified in the mandate published under section 13A.”
p.000007: (5) Omit subsections (2) and (3).
p.000007: (6) For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning
p.000007: certain health services”.
p.000007: (7) For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health
p.000007: services”.
p.000007: (8) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before
p.000007: paragraph (za) insert—
p.000007: “(zza) regulations under section 3(1D),”.
p.000007:
p.000007: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000007: After section 3 of the National Health Service Act 2006 insert—
p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
...
p.000011: Care Act 2012 (c. 7)
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (i) for “The Secretary of State may” substitute “The clinical commissioning group may make
p.000011: arrangements for”,
p.000011: (ii) in paragraph (a) for “adapt” substitute “the adaptation of”,
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
p.000011: (vii) in that paragraph for “execute” substitute “the execution of”,
p.000011: (c) in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
p.000011: (d) in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
p.000011: (12) In paragraph 12 (provision of a microbiological service)—
p.000011: (a) in sub-paragraph (1)—
p.000011: (i) omit paragraph (a) and the word “and” immediately following it,
p.000011: (ii) in paragraph (b) omit “other”, and
p.000011: (iii) in that paragraph for “that service” substitute “a microbiological service
p.000011: provided under section 2A”, and
p.000011: (b) omit sub-paragraph (2).
p.000011: (13) For paragraph 13 and the cross-heading preceding it substitute—
p.000011: “Powers in relation to research etc.
p.000011: 13 (1) The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the
p.000011: conduct of research into—
p.000011: (a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and
p.000011: (b) any such other matters connected with any service provided under this Act as the Secretary of State, the
p.000011: Board or the clinical commissioning group (as the case may be) considers appropriate.
p.000011: (2) A local authority may conduct, commission or assist the conduct of research for any purpose connected with the
p.000011: exercise of its functions in relation to the health service.
p.000011: (3) The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose
p.000011: connected with the exercise of its functions in relation to the health service—
p.000011: (a) obtain and analyse data or other information;
p.000011: (b) obtain advice from persons with appropriate professional expertise.
p.000011: (4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to
p.000011: do so by providing financial assistance or making the services of any person or other resources available.
p.000011:
p.000011: Health and Social Care Act 2012 (c. 7)
p.000013: 13
p.000013: Part 1 — The health service in England
p.000013:
p.000013: (5) In this paragraph, “local authority” has the same meaning as in section 2B.”
p.000013:
p.000013: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000013: (1) After section 6B of the National Health Service Act 2006 insert—
p.000013:
p.000013: “Regulations as to the exercise of functions
p.000013: 6C Regulations as to the exercise by local authorities of certain public health functions
...
p.000017: (c) the Secretary of State considers that there are exceptional circumstances that make the revision
p.000017: necessary.
p.000017: (4) Revisions to the mandate which consist of adding, omitting or modifying requirements have
p.000017: effect only if regulations so provide.
p.000017: (5) If the Secretary of State revises the mandate, the Secretary of State must—
p.000017: (a) publish the mandate (as so revised), and
p.000017: (b) lay it before Parliament, together with an explanation of the reasons for making the revision.
p.000017:
p.000017: General duties of the Board
p.000017: 13C Duty to promote NHS Constitution
p.000017: (1) The Board must, in the exercise of its functions—
p.000017:
p.000017: Health and Social Care Act 2012 (c. 7)
p.000019: 19
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
p.000019: (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
p.000019: (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health
p.000019: Act 2009 (see section 3(7) of that Act).
p.000019: 13D Duty as to effectiveness, efficiency etc.
p.000019: The Board must exercise its functions effectively, efficiently and economically.
p.000019: 13E Duty as to improvement in quality of services
p.000019: (1) The Board must exercise its functions with a view to securing continuous improvement in
p.000019: the quality of services provided to individuals for or in connection with—
p.000019: (a) the prevention, diagnosis or treatment of illness, or
p.000019: (b) the protection or improvement of public health.
p.000019: (2) In discharging its duty under subsection (1), the Board must, in particular, act with a view to
p.000019: securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000019: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000019: (a) the effectiveness of the services,
p.000019: (b) the safety of the services, and
p.000019: (c) the quality of the experience undergone by patients.
p.000019: (4) In discharging its duty under subsection (1), the Board must have regard to—
p.000019: (a) any document published by the Secretary of State for the purposes of this section, and
p.000019: (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
p.000019: 13F Duty as to promoting autonomy
p.000019: (1) In exercising its functions, the Board must have regard to the desirability of securing,
p.000019: so far as consistent with the interests of the health service—
p.000019: (a) that any other person exercising functions in relation to the health service or providing services for
p.000019: its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate,
p.000019: and
p.000019: (b) that unnecessary burdens are not imposed on any such person.
p.000019: (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters
p.000019: mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board
p.000019: must give priority to those duties.
p.000019: 13G Duty as to reducing inequalities
p.000019: The Board must, in the exercise of its functions, have regard to the need to—
p.000019:
p.000019: 20 Health and Social
p.000019: Care Act 2012 (c. 7)
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000019: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000019: provision of health services.
p.000019: 13H Duty to promote involvement of each patient
p.000019: The Board must, in the exercise of its functions, promote the involvement of patients, and their
p.000019: carers and representatives (if any), in decisions which relate to—
p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
...
p.000037: (7) For the purposes of this section, the commissioning functions of a clinical commissioning group
p.000037: are the functions of the group in arranging for the provision of services as part of the health service.”
p.000037: (2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
p.000037:
p.000037: 26 Clinical commissioning groups: general duties etc.
p.000037: After section 14O of the National Health Service Act 2006 insert—
p.000037:
p.000037: “General duties of clinical commissioning groups
p.000037: 14P Duty to promote NHS Constitution
p.000037: (1) Each clinical commissioning group must, in the exercise of its functions—
p.000037: (a) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and
p.000037: (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
p.000037: (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health
p.000037: Act 2009 (see section 3(7) of that Act).
p.000037:
p.000037: Health and Social Care Act 2012 (c. 7)
p.000039: 39
p.000039: Part 1 — The health service in England
p.000039: 14Q Duty as to effectiveness, efficiency etc.
p.000039: Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
p.000039: 14R Duty as to improvement in quality of services
p.000039: (1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement
p.000039: in the quality of services provided to individuals for or in connection with the prevention, diagnosis or
p.000039: treatment of illness.
p.000039: (2) In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with
p.000039: a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000039: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000039: (a) the effectiveness of the services,
p.000039: (b) the safety of the services, and
p.000039: (c) the quality of the experience undergone by patients.
p.000039: (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance
p.000039: published under section 14Z8.
p.000039: 14S Duty in relation to quality of primary medical services
p.000039: Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as
p.000039: relating to securing continuous improvement in the quality of primary medical services.
p.000039: 14T Duties as to reducing inequalities
p.000039: Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
p.000039: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000039: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000039: provision of health services.
p.000039: 14U Duty to promote involvement of each patient
p.000039: (1) Each clinical commissioning group must, in the exercise of its functions, promote the
p.000039: involvement of patients, and their carers and representatives (if any), in decisions which relate to—
p.000039: (a) the prevention or diagnosis of illness in the patients, or
p.000039: (b) their care or treatment.
p.000039: (2) The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this
p.000039: section.
p.000039: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000039: (2).
p.000039:
p.000040: 40
p.000040:
p.000040: 14V Duty as to patient choice
p.000040: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000040: Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling
p.000040: patients to make choices with respect to aspects of health services provided to them.
p.000040: 14W Duty to obtain appropriate advice
p.000040: (1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge
p.000040: its functions from persons who (taken together) have a broad range of professional expertise in—
p.000040: (a) the prevention, diagnosis or treatment of illness, and
p.000040: (b) the protection or improvement of public health.
p.000040: (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under
p.000040: subsection (1).
p.000040: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000040: (2).
p.000040: 14X Duty to promote innovation
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote innovation in
p.000040: the provision of health services (including innovation in the arrangements made for their provision).
p.000040: 14Y Duty in respect of research
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote—
p.000040: (a) research on matters relevant to the health service, and
p.000040: (b) the use in the health service of evidence obtained from research.
p.000040: 14Z Duty as to promoting education and training
p.000040: Each clinical commissioning group must, in exercising its functions, have regard to the need to promote
p.000040: education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the
p.000040: discharge of the duty under that section.
p.000040: 14Z1 Duty as to promoting integration
p.000040: (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
...
p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
p.000089: (5) In the exercise of any function under this section which relates to a matter in respect of which a Health
p.000089: and Safety body has a function, the appropriate authority must—
p.000089: (a) consult the body, and
p.000089: (b) have regard to the body’s policies.
p.000089: (6) Each of the following is a Health and Safety body—
p.000089: (a) the Health and Safety Executive;
p.000089: (b) the Health and Safety Executive for Northern Ireland.
p.000089: (7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
p.000089: (8) In this section, “the appropriate authority” means—
p.000089: (a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the
p.000089: meaning of the Scotland Act 1998);
p.000089: (b) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent
...
p.000091: those services.
p.000091: (5) Monitor must exercise its functions with a view to enabling the provision of health care services provided for
p.000091: the purposes of the NHS to be integrated with the provision of health-related services or social care services
p.000091: where it considers that this would—
p.000091: (a) improve the quality of those health care services (including the outcomes that are achieved from their
p.000091: provision) or the efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those health care services,
p.000091: or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those health care services.
p.000091: (6) Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
p.000091: (a) the National Health Service Commissioning Board carries out its duties under section 13N of the National Health
p.000091: Service Act 2006, and
p.000091: (b) clinical commissioning groups carry out their duties under section 14Z1 of that Act.
p.000091: (7) Monitor must secure that people who use health care services, and other members of the public, are
p.000091: involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than
p.000091: decisions it makes about the exercise of its functions in a particular case).
p.000091: (8) Monitor must obtain advice appropriate for enabling it effectively to discharge its functions from persons
p.000091: who (taken together) have a broad range of professional expertise in—
p.000091: (a) the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006),
p.000091: and
p.000091: (b) the protection or improvement of public health.
p.000091: (9) Monitor must exercise its functions in a manner consistent with the performance by the
p.000091: Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of
p.000091: comprehensive health service).
p.000091: (10) Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care
p.000091: services provided for the purposes of the NHS that is provided by persons of a particular description if that
p.000091: description is by reference to—
p.000091: (a) whether the persons in question are in the public or (as the case may be) private sector, or
p.000091:
p.000091: 92 Health and Social
p.000091: Care Act 2012 (c. 7)
p.000091: Part 3 — Regulation of health and adult social care services
p.000091: Chapter 1 — Monitor
p.000091:
p.000091: (b) some other aspect of their status.
p.000091: (11) In this section—
p.000091: “health-related services” means services that may have an effect on people’s health but are not health care
p.000091: services or social care services;
p.000091: “social care services” means services that are provided in pursuance of the social services functions of local
p.000091: authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000091:
p.000091: 63 Secretary of State’s guidance on duty under section 62(9)
p.000091: (1) The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 62(9),
...
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
...
p.000161: decided.
p.000161: (6) In preparing guidance under this section, the Secretary of State must have regard (among other things) to any
p.000161: generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and
p.000161: the terms on which to make loans to them.
p.000161: (7) Before publishing the guidance, the Secretary of State must consult—
p.000161: (a) the Treasury,
p.000161: (b) the regulator, and
p.000161: (c) such other persons as the Secretary of State considers appropriate.”
p.000161: (7) Omit section 45 of that Act (disposal of protected property).
p.000161: (8) Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
p.000161: (9) For section 50 of that Act (fees) substitute—
p.000161: “50 Fees
p.000161: An NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its
p.000161: exercise of functions under—
p.000161: (a) section 39;
p.000161: (b) section 39A.”
p.000161:
p.000161: Functions
p.000161:
p.000161: 164 Goods and services
p.000161: (1) In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2)
p.000161: substitute—
p.000161: “(1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the
p.000161: health service in England.
p.000161: (2) An NHS foundation trust may provide goods and services for any purposes related to—
p.000161: (a) the provision of services provided to individuals for or in connection with the prevention,
p.000161: diagnosis or treatment of illness, and
p.000161: (b) the promotion and protection of public health.
p.000161: (2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income
p.000161: from the provision of goods and services for the purposes of the health service in England is greater than its total
p.000161: income from the provision of goods and services for any other purposes.”
p.000161: (2) In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: (a) for “The” substitute “An”,
p.000162: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000162: (b) for “subsection (1)” substitute “subsection (2)”, and
p.000162: (c) omit “, subject to any restrictions in the authorisation,”.
p.000162: (3) After that subsection insert—
p.000162: “(3A) Each annual report prepared by an NHS foundation trust must give information on the impact that income
p.000162: received by the trust otherwise than from the provision of goods and services for the purposes of the health service in
p.000162: England has had on the provision by the trust of goods and services for those purposes.
p.000162: (3B) Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include
p.000162: information about—
p.000162: (a) the activities other than the provision of goods and services for the purposes of the health service in
p.000162: England that the trust proposes to carry on, and
p.000162: (b) the income it expects to receive from doing so.
p.000162: (3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an
...
p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
p.000240: (8) Subsection (9) applies in a case where the Secretary of State and the Board each has power under this
...
p.000248: INFORMATION STANDARDS
p.000248:
p.000248: 250 Powers to publish information standards
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
...
p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
...
p.000327: 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 116 (1) Section 222 (power to raise money) is amended as follows.
p.000327:
p.000328: 328
p.000328: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000328: Part 10 — Property and finance
p.000328:
p.000328: (2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
p.000328: (3) After subsection (3) insert—
p.000328: “(3A) In subsection (3) “appropriate authority” means—
p.000328: (a) in relation to a clinical commissioning group, the Board, and
p.000328: (b) in relation to any other body to which this section applies, the Secretary of State.”
p.000328: (4) In subsection (9), for “section 224 or 226” substitute “section 225”.
p.000328: 117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State”
p.000328: insert “or the Board”.
p.000328: (2) After that section insert—
p.000328: “223A Application of section 223 to clinical commissioning groups
p.000328: (1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
p.000328: (2) But the powers conferred by that section are exercisable by a clinical commissioning group only for
p.000328: the purpose of securing improvement—
p.000328: (a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
p.000328: (b) in the prevention, diagnosis and treatment of illness in such people.”
p.000328: 118 Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
p.000328: 119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is
p.000328: amended as follows.
p.000328: (2) Omit subsection (1).
p.000328: (3) In subsection (3) —
p.000328: (a) omit “Strategic Health Authority or”, and
p.000328: (b) for “subsection (1) or (2)” substitute “subsection (2)”.
p.000328: (4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
p.000328: (5) In subsection (5) omit “Strategic Health Authority or”.
p.000328: (6) In subsection (6) omit “Strategic Health Authority or”.
p.000328: (7) In subsection (7)—
p.000328: (a) in paragraph (a) omit “specified Strategic Health Authority or”,
p.000328: (b) omit paragraph (b)(i) and the word “or” immediately following it, and
p.000328: (c) omit paragraph (c)(i) and the word “or” immediately following it, and
p.000328: (d) in the words following paragraph (c) omit “Strategic Health Authority or”.
p.000328: (8) In the heading to the section, omit “Strategic Health Authorities and”.
p.000328:
p.000328: Health and Social Care Act 2012 (c. 7)
p.000328: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000329: 329
p.000329: 120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is
...
Health / Physically Ill
Searching for indicator sick:
(return to top)
p.000337: Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
p.000338: (ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
p.000338: (iii) omit “Primary Care Trust,” (in each place where it occurs),
p.000338: (iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (b) in subsection (4)—
p.000338: (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of
...
Health / injured
Searching for indicator injured:
(return to top)
p.000354: paragraph 7C,
p.000354:
p.000354: Health and Social Care Act 2012 (c. 7)
p.000354: Schedule 5 — Part 1: amendments of other enactments
p.000355: 355
p.000355: 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000355: (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000355: to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000355: (b) omit paragraph (c).
p.000355: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000355: 118 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000355: 119 In section 71 (reporting to Secretary of State and regulator)—
p.000355: (a) in subsection (2), after “special measures” insert “or request another person to take special measures”, and
p.000355: (b) omit subsections (3) and (4).
p.000355: 120 In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
p.000355: “(d) anything done by the National Health Service Commissioning Board or a clinical
p.000355: commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act
p.000355: 2006.”
p.000355: 121 In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
p.000355: (a) omit paragraph (a),
p.000355: (b) omit paragraph (b), and
p.000355: (c) before paragraph (d) insert—
p.000355: “(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;”.
p.000355: 122 In section 160 (provision of information)—
p.000355: (a) in subsection (1), after paragraph (g) insert—
p.000355: “(h) if the injured person received NHS treatment pursuant to arrangements made by a
p.000355: clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the
p.000355: clinical commissioning group.”, and
p.000355: (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or”
p.000355: preceding it.’.
p.000355: 123 In section 165 (power to apply provisions about recovery of charges to non- NHS hospitals), in subsection
p.000355: (3)(b)—
p.000355: (a) omit sub-paragraph (i), and
p.000355: (b) before sub-paragraph (ii) insert—
p.000355: “(ia) the National Health Service Commissioning Board,
p.000355: (ib) a clinical commissioning group,”.
p.000355:
p.000356: 356
p.000356:
p.000356: Criminal Justice Act 2003 (c. 44)
p.000356: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000356: 124 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
...
p.000410: heading “Health: England and Wales”, in the entry for National Health Service trusts, omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Licensing Act 2003 (c. 17)
p.000410: 88 In section 16(3) of the Licensing Act 2003 (bodies that may apply for premises licence), in
p.000410: the definition of “health service body”, in paragraph (a), omit “section 25 of the National Health Service Act 2006
p.000410: or”.
p.000410: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000410: 89 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000410: 90 In section 148 (interpretation of Part 2)—
p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
p.000410: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
...
Health / patients in emergency situations
Searching for indicator emergencies:
(return to top)
p.000002: 25 Clinical commissioning groups: establishment etc.
p.000002: 26 Clinical commissioning groups: general duties etc.
p.000002: 27 Financial arrangements for clinical commissioning groups
p.000002: 28 Requirement for primary medical services provider to belong to clinical commissioning group
p.000002:
p.000002: Further provision about local authorities’ role in the health service
p.000002: 29 Other health service functions of local authorities under the 2006 Act
p.000002: 30 Appointment of directors of public health
p.000002: 31 Exercise of public health functions of local authorities
p.000002: 32 Complaints about exercise of public health functions by local authorities
p.000002:
p.000002: Abolition of Strategic Health Authorities and Primary Care Trusts
p.000002: 33 Abolition of Strategic Health Authorities
p.000002: 34 Abolition of Primary Care Trusts
p.000002:
p.000002: Functions relating to fluoridation of water
p.000002: 35 Fluoridation of water supplies
p.000002: 36 Procedural requirements in connection with fluoridation of water supplies
p.000002: 37 Fluoridation of water supplies: transitional provision
p.000002:
p.000002: Functions relating to mental health matters
p.000002: 38 Approval functions
p.000002: 39 Discharge of patients
p.000002: 40 After-care
p.000002: 41 Provision of pocket money for in-patients
p.000002: 42 Transfers to and from special hospitals
p.000002: 43 Independent mental health advocates
p.000002: 44 Patients’ correspondence
p.000002: 45 Notification of hospitals having arrangements for special cases
p.000002:
p.000002: Emergency powers
p.000002: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000002: 47 Secretary of State’s emergency powers
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: iii
p.000002:
p.000002:
p.000002: Miscellaneous
p.000002: 48 New Special Health Authorities
p.000002: 49 Primary care services: directions as to exercise of functions
p.000002: 50 Charges in respect of certain public health functions
p.000002: 51 Pharmaceutical services expenditure
p.000002: 52 Secretary of State’s duty to keep health service functions under review
p.000002: 53 Secretary of State’s annual report
p.000002: 54 Certification of death
p.000002: 55 Amendments related to Part 1 and transitional provision
p.000002: PART 2
p.000002: FURTHER PROVISION ABOUT PUBLIC HEALTH
p.000002: 56 Abolition of Health Protection Agency
p.000002: 57 Functions in relation to biological substances
p.000002: 58 Radiation protection functions
p.000002: 59 Repeal of AIDS (Control) Act 1987
p.000002: 60 Co-operation with bodies exercising functions in relation to public health
p.000002: PART 3
p.000002: REGULATION OF HEALTH AND ADULT SOCIAL CARE SERVICES
p.000002: CHAPTER 1
p.000002: MONITOR
p.000002: 61 Monitor
p.000002: 62 General duties
p.000002: 63 Secretary of State’s guidance on duty under section 62(9)
p.000002: 64 General duties: supplementary
p.000002: 65 Power to give Monitor functions relating to adult social care services
p.000002: 66 Matters to have regard to in exercise of functions
p.000002: 67 Conflicts between functions
p.000002: 68 Duty to review regulatory burdens
p.000002: 69 Duty to carry out impact assessments
p.000002: 70 Information
p.000002: 71 Failure to perform functions
p.000002: CHAPTER 2
p.000002: COMPETITION
...
p.000057: (c) after subsection (2) insert—
p.000057: “(3) In this section, “local authority” has the same meaning as in section 2B.”
p.000057: (3) In section 249 (joint working with the prison service) after subsection (4)
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
...
p.000079:
p.000079: “Section 130A
p.000079: Making arrangements to enable independent mental health advocates to be available to help qualifying
p.000079: patients”.
p.000079:
p.000079: 44 Patients’ correspondence
p.000079: (1) In section 134 of the Mental Health Act 1983 (patients’ correspondence), in subsection (1)—
p.000079: (a) before “the approved clinician” insert “or”, and
p.000079: (b) omit “or the Secretary of State”.
p.000079: (2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State
p.000079: under section 134(1) of that Act and having effect immediately before the commencement of this section.
p.000079:
p.000079: 45 Notification of hospitals having arrangements for special cases
p.000079: (1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
p.000079: (a) after “the duty of” insert “every clinical commissioning group and of”,
p.000079: (b) omit “every Primary Care Trust and of”,
p.000079: (c) after “the area of the” insert “clinical commissioning group or”,
p.000079: (d) omit “Primary Care Trust or” in the first place it appears,
p.000079: (e) after “available to the” insert “clinical commissioning group or”, and
p.000079: (f) omit “Primary Care Trust or” in the second place it appears.
p.000079: (2) In consequence of the repeals made by this section, in the National Health Service Reform and
p.000079: Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
p.000079:
p.000079: Emergency powers
p.000079:
p.000079: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role
p.000079: of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
p.000079: “252A Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: (1) The Board and each clinical commissioning group must take appropriate steps for securing that it
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079:
p.000079: 80 Health and Social
p.000079: Care Act 2012 (c. 7)
p.000079: Part 1 — The health service in England
p.000079:
p.000079: (2) The Board must take such steps as it considers appropriate for securing that each clinical commissioning
p.000079: group is properly prepared for dealing with a relevant emergency.
p.000079: (3) The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical
p.000079: commissioning group with its duty under subsection (1).
p.000079: (4) The Board must take such steps as it considers appropriate for securing that each relevant service provider
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079: (5) The steps taken by the Board under subsection (4) must include monitoring compliance by the service
p.000079: provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is
p.000079: properly prepared for dealing with a relevant emergency.
p.000079: (6) The Board may take such steps as it considers appropriate for facilitating a co-ordinated
p.000079: response to an emergency by the clinical commissioning groups and relevant service providers for which it is a
...
p.000360: Health Authority”.
p.000360: Safeguarding Vulnerable Groups Act 2006 (c. 47)
p.000360: 143 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
p.000360: 144 In section 6 (regulated activity providers)—
p.000360: (a) omit subsection (8D), and
p.000360: (b) before subsection (9) insert—
p.000360: “(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make
p.000360: arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical
p.000360: commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health
p.000360: Service Act 2006 (direct payments for health services).”
p.000360: 145 In section 17 (NHS employment) in subsection (3)—
p.000360: (a) before paragraph (a) insert—
p.000360: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000360: (b) omit paragraph (b), and
p.000360:
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360: (c) omit paragraph (f).
p.000361: 361
p.000361: 146 In section 22 (controlled activity relating to vulnerable adults), in subsection
p.000361: (6) in the definition of “hospital services” omit paragraph (d).
p.000361: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000361: 147 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in
p.000361: subsection (7) in the definition of “relevant NHS body”—
p.000361: (a) before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board;”, and
p.000361: (b) in paragraph (a)—
p.000361: (i) at the beginning insert “a clinical commissioning group,”
p.000361: (ii) omit “a Strategic Health Authority,”, and
p.000361: (iii) omit “Primary Care Trust,”.
p.000361: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000361: (c) in that subsection, omit paragraph (c), and
p.000361: (d) in the title, for “services-providers” substitute “responsible persons”.
p.000361: 151 In section 225 (duties of services-providers to allow entry by local involvement
p.000361: networks), in subsection (7), omit paragraph (c).
...
p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
p.000373: (b) omit sub-paragraph (iv) and the “, or” preceding it.
p.000373: Scottish Public Services Ombudsman Act 2002 (asp 11)
p.000373: 13 The Scottish Public Services Ombudsman Act 2002 is amended as follows.
p.000373: 14 In section 7 (matters which may be investigated: restrictions), omit subsection (6A).
p.000373:
p.000374: 374
p.000374: Health and Social Care Act 2012 (c. 7) Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000374: 15 In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.
p.000374: Civil Contingencies Act 2004 (c. 36)
p.000374: 16 In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph
p.000374: 9 substitute—
p.000374: “9 The Secretary of State, in so far as the functions of the Secretary of State include responding to
p.000374: emergencies by virtue of —
p.000374: (a) the Secretary of State’s functions under section 2A of the National Health Service Act 2006,
p.000374: (b) the Secretary of State’s functions under section 58 of the Health and Social Care Act 2012 in so far as it
p.000374: applies in relation to Wales or Scotland, or
p.000374: (c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State
p.000374: exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other
p.000374: dangers to health.”
p.000374: National Health Service Act 2006 (c. 41)
p.000374: 17 The National Health Service Act 2006 is amended as follows.
p.000374: 18 In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 19 In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
p.000374: (a) in subsection (2) omit paragraph (g), and
p.000374: (b) in subsection (5) for “, (f) and (g)” substitute “and (f)”.
p.000374: National Health Service (Wales) Act 2006 (c. 42)
p.000374: 20 The National Health Service (Wales) Act 2006 is amended as follows.
p.000374: 21 In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 22 In section 30 (schemes for meeting losses and liabilities of certain health bodies), in
p.000374: subsection (2)—
p.000374: (a) after paragraph (b) insert “and”, and
p.000374: (b) omit paragraph (e) and the preceding “and”.
p.000374: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000374: 23 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential
p.000374: amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).
p.000374: Health and Social Care Act 2008 (c. 14)
...
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
p.000412: 106 In section 225(7) (duty to allow entry to local involvement networks), omit paragraph (a).
p.000412: Criminal Justice and Immigration Act 2008 (c. 4)
p.000412: 107 In section 119(4) of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or
p.000412: disturbance on NHS premises), in the definition of “relevant English NHS body”—
p.000412: (a) omit paragraph (a), and
p.000412: (b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or”
p.000412: preceding that paragraph).
p.000412: Health and Social Care Act 2008 (c. 14)
p.000412: 108 The Health and Social Care Act 2008 is amended as follows.
p.000412: 109 In section 97(1) (general interpretation of Part 1)—
p.000412: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000412: (b) in the definition of “English NHS provider” omit paragraph (b).
p.000412: 110 In section 153(1) (directing NHS bodies to exercise certain functions in relation to financial
p.000412: assistance), omit paragraph (c).
...
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p.000019: (b) the safety of the services, and
p.000019: (c) the quality of the experience undergone by patients.
p.000019: (4) In discharging its duty under subsection (1), the Board must have regard to—
p.000019: (a) any document published by the Secretary of State for the purposes of this section, and
p.000019: (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
p.000019: 13F Duty as to promoting autonomy
p.000019: (1) In exercising its functions, the Board must have regard to the desirability of securing,
p.000019: so far as consistent with the interests of the health service—
p.000019: (a) that any other person exercising functions in relation to the health service or providing services for
p.000019: its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate,
p.000019: and
p.000019: (b) that unnecessary burdens are not imposed on any such person.
p.000019: (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters
p.000019: mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board
p.000019: must give priority to those duties.
p.000019: 13G Duty as to reducing inequalities
p.000019: The Board must, in the exercise of its functions, have regard to the need to—
p.000019:
p.000019: 20 Health and Social
p.000019: Care Act 2012 (c. 7)
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000019: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000019: provision of health services.
p.000019: 13H Duty to promote involvement of each patient
p.000019: The Board must, in the exercise of its functions, promote the involvement of patients, and their
p.000019: carers and representatives (if any), in decisions which relate to—
p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
p.000021: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (2) The Board must exercise its functions with a view to securing that the provision of health services is
p.000021: integrated with the provision of health- related services or social care services where it considers that
p.000021: this would—
p.000021: (a) improve the quality of the health services (including the outcomes that are achieved
p.000021: from the provision of those services),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in
p.000021: pursuance of regulations under section 75 where it considers that this would secure—
p.000021: (a) that health services are provided in an integrated way and that this would have any of the effects
p.000021: mentioned in subsection (1)(a) to (c), or
p.000021: (b) that the provision of health services is integrated with the provision of health-related services or
p.000021: social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).
p.000021: (4) In this section—
p.000021: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000021: services or social care services;
p.000021: “social care services” means services that are provided in pursuance of the social services
p.000021: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000021: 13O Duty to have regard to impact on services in certain areas
p.000021: (1) In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the
p.000021: provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with
p.000021: England.
p.000021: (2) In this section, “commissioning decisions”, in relation to the Board, means decisions about the
p.000021: carrying out of its functions in arranging for the provision of health services.
p.000021:
...
p.000037: groups under paragraph 8 of Schedule 1A;
p.000037: (b) make such other provision about the procedure of governing bodies or their audit or remuneration
p.000037: committees as the Secretary of State considers appropriate, including provision about the frequency of
p.000037: meetings.
p.000037: (6) In this section—
p.000037: “health care professional” means an individual who is a member of a profession regulated by a body mentioned in section
p.000037: 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
p.000037: “lay person” means an individual who is not—
p.000037: (a) a member of the clinical commissioning group,
p.000037: (b) a health care professional, or
p.000037: (c) an individual of a prescribed description.
p.000037:
p.000037: Conflicts of interest
p.000037: 14O Registers of interests and management of conflicts of interest
p.000037: (1) Each clinical commissioning group must maintain one or more registers of the interests of—
p.000037: (a) the members of the group,
p.000037:
p.000037: 38 Health and Social
p.000037: Care Act 2012 (c. 7)
p.000037: Part 1 — The health service in England
p.000037:
p.000037: (b) the members of its governing body,
p.000037: (c) the members of its committees or sub-committees or of committees or sub-committees of its
p.000037: governing body, and
p.000037: (d) its employees.
p.000037: (2) Each clinical commissioning group must publish the registers maintained under subsection (1) or
p.000037: make arrangements to ensure that members of the public have access to the registers on request.
p.000037: (3) Each clinical commissioning group must make arrangements to ensure—
p.000037: (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the
p.000037: person has in relation to a decision to be made in the exercise of the commissioning functions of the group,
p.000037: (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or
p.000037: potential conflict and, in any event, within 28 days, and
p.000037: (c) that any such declaration is included in the registers maintained under subsection (1).
p.000037: (4) Each clinical commissioning group must make arrangements for managing conflicts and potential
p.000037: conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the
p.000037: group’s decision-making processes.
p.000037: (5) The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this
p.000037: section.
p.000037: (6) Each clinical commissioning group must have regard to guidance published under subsection (5).
p.000037: (7) For the purposes of this section, the commissioning functions of a clinical commissioning group
p.000037: are the functions of the group in arranging for the provision of services as part of the health service.”
p.000037: (2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
p.000037:
p.000037: 26 Clinical commissioning groups: general duties etc.
p.000037: After section 14O of the National Health Service Act 2006 insert—
p.000037:
p.000037: “General duties of clinical commissioning groups
p.000037: 14P Duty to promote NHS Constitution
...
p.000039: 14Q Duty as to effectiveness, efficiency etc.
p.000039: Each clinical commissioning group must exercise its functions effectively, efficiently and economically.
p.000039: 14R Duty as to improvement in quality of services
p.000039: (1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement
p.000039: in the quality of services provided to individuals for or in connection with the prevention, diagnosis or
p.000039: treatment of illness.
p.000039: (2) In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with
p.000039: a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000039: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000039: (a) the effectiveness of the services,
p.000039: (b) the safety of the services, and
p.000039: (c) the quality of the experience undergone by patients.
p.000039: (4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance
p.000039: published under section 14Z8.
p.000039: 14S Duty in relation to quality of primary medical services
p.000039: Each clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as
p.000039: relating to securing continuous improvement in the quality of primary medical services.
p.000039: 14T Duties as to reducing inequalities
p.000039: Each clinical commissioning group must, in the exercise of its functions, have regard to the need to—
p.000039: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000039: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000039: provision of health services.
p.000039: 14U Duty to promote involvement of each patient
p.000039: (1) Each clinical commissioning group must, in the exercise of its functions, promote the
p.000039: involvement of patients, and their carers and representatives (if any), in decisions which relate to—
p.000039: (a) the prevention or diagnosis of illness in the patients, or
p.000039: (b) their care or treatment.
p.000039: (2) The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this
p.000039: section.
p.000039: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000039: (2).
p.000039:
p.000040: 40
p.000040:
p.000040: 14V Duty as to patient choice
p.000040: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000040: Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling
p.000040: patients to make choices with respect to aspects of health services provided to them.
p.000040: 14W Duty to obtain appropriate advice
p.000040: (1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge
p.000040: its functions from persons who (taken together) have a broad range of professional expertise in—
p.000040: (a) the prevention, diagnosis or treatment of illness, and
p.000040: (b) the protection or improvement of public health.
p.000040: (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under
p.000040: subsection (1).
p.000040: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000040: (2).
p.000040: 14X Duty to promote innovation
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote innovation in
p.000040: the provision of health services (including innovation in the arrangements made for their provision).
p.000040: 14Y Duty in respect of research
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote—
p.000040: (a) research on matters relevant to the health service, and
p.000040: (b) the use in the health service of evidence obtained from research.
p.000040: 14Z Duty as to promoting education and training
p.000040: Each clinical commissioning group must, in exercising its functions, have regard to the need to promote
p.000040: education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the
p.000040: discharge of the duty under that section.
p.000040: 14Z1 Duty as to promoting integration
p.000040: (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000040: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000040: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000040: provision of those services.
p.000040: (2) Each clinical commissioning group must exercise its functions with a view to securing that the provision of
p.000040: health services is integrated with the provision of health-related services or social care services where it considers
p.000040: that this would—
p.000040:
p.000040: Health and Social Care Act 2012 (c. 7)
p.000041: 41
p.000041: Part 1 — The health service in England
p.000041:
p.000041: (a) improve the quality of the health services (including the outcomes that are achieved
p.000041: from the provision of those services),
p.000041: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000041: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000041: provision of those services.
p.000041: (3) In this section—
p.000041: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000041: services or social care services;
p.000041: “social care services” means services that are provided in pursuance of the social services
p.000041: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000041:
p.000041: Public involvement
p.000041: 14Z2 Public involvement and consultation by clinical commissioning groups
p.000041: (1) This section applies in relation to any health services which are, or are to be, provided pursuant to
p.000041: arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning
p.000041: arrangements”).
p.000041: (2) The clinical commissioning group must make arrangements to secure that individuals to whom the services are
p.000041: being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
p.000041: (a) in the planning of the commissioning arrangements by the group,
p.000041: (b) in the development and consideration of proposals by the group for changes in the commissioning
p.000041: arrangements where the implementation of the proposals would have an impact on the manner in which the
p.000041: services are delivered to the individuals or the range of health services available to them, and
p.000041: (c) in decisions of the group affecting the operation of the commissioning arrangements where the
...
p.000055: (3) For that purpose, the Board may also take into account either or both of the following factors—
p.000055: (a) relevant inequalities identified during that year;
p.000055: (b) any reduction in relevant inequalities identified during that year (in comparison to relevant
p.000055: inequalities identified during previous financial years).
p.000055: (4) Regulations may make provision as to the principles or other matters that the Board must or may take into
p.000055: account in assessing any factor mentioned in subsection (2) or (3).
p.000055: (5) Regulations may provide that, in prescribed circumstances, the Board may, if it considers it appropriate to do
p.000055: so—
p.000055: (a) not make a payment that would otherwise be made to a clinical commissioning group under subsection (1), or
p.000055: (b) reduce the amount of such a payment.
p.000055: (6) Regulations may make provision as to how payments under subsection
p.000055: (1) may be spent (which may include provision as to circumstances in which the whole or part of any such payments may
p.000055: be distributed to members of the clinical commissioning group).
p.000055: (7) A clinical commissioning group must publish an explanation of how the group has spent any payment made to it
p.000055: under subsection (1).
p.000055: (8) In this section—
p.000055: “relevant services” means services provided in pursuance of arrangements made by the clinical commissioning
p.000055: group—
p.000055: (a) under section 3 or 3A or Schedule 1, or
p.000055: (b) by virtue of section 7A;
p.000055: “relevant inequalities” means inequalities between the persons for whose benefit relevant services are at any time
p.000055: provided with respect to—
p.000055: (a) their ability to access the services, or
p.000055: (b) the outcomes achieved for them by their provision.”
p.000055:
p.000055: 28 Requirement for primary medical services provider to belong to clinical commissioning group
p.000055: (1) In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms),
p.000055: after subsection (1) insert—
p.000055: “(1A) Regulations under subsection (1) may, in particular, make provision—
p.000055:
p.000055: Health and Social Care Act 2012 (c. 7)
p.000057: 57
p.000057: Part 1 — The health service in England
p.000057:
p.000057: (a) for requiring a contractor who provides services of a prescribed description (a “relevant contractor”) to be a
p.000057: member of a clinical commissioning group;
p.000057: (b) as to arrangements for securing that a relevant contractor appoints one individual to act on its
p.000057: behalf in the dealings between it and the clinical commissioning group to which it belongs;
p.000057: (c) for imposing requirements with respect to those dealings on the individual appointed for the purposes of
p.000057: paragraph (b);
p.000057: (d) for requiring a relevant contractor, in doing anything pursuant to the contract, to act with a view to
p.000057: enabling the clinical commissioning group to which it belongs to discharge its functions (including its
p.000057: obligation to act in accordance with its constitution).
p.000057: (1B) Provision by virtue of subsection (1A)(a) may, in particular, describe services by reference to the manner or
p.000057: circumstances in which they are performed.
p.000057: (1C) In the case of a contract entered into by two or more individuals practising in partnership—
p.000057: (a) regulations making provision under subsection (1A)(a) may make provision for requiring each partner
...
p.000090: CHAPTER 1
p.000090: MONITOR
p.000090:
p.000090: 61 Monitor
p.000090: (1) The body corporate known as the Independent Regulator of NHS Foundation Trusts—
p.000090: (a) is to continue to exist, and
p.000090: (b) is to be known as Monitor.
p.000090: (2) Schedule 8 (which makes further provision about Monitor) has effect.
p.000090:
p.000090: 62 General duties
p.000090: (1) The main duty of Monitor in exercising its functions is to protect and promote the interests of people who use
p.000090: health care services by promoting provision of health care services which—
p.000090: (a) is economic, efficient and effective, and
p.000090: (b) maintains or improves the quality of the services.
p.000090: (2) In carrying out its main duty, Monitor must have regard to the likely future demand for health care services.
p.000090:
p.000090: Health and Social Care Act 2012 (c. 7)
p.000091: 91
p.000091: Part 3 — Regulation of health and adult social care services
p.000091: Chapter 1 — Monitor
p.000091:
p.000091: (3) Monitor must exercise its functions with a view to preventing anti-competitive behaviour in the provision of
p.000091: health care services for the purposes of the NHS which is against the interests of people who use such services.
p.000091: (4) Monitor must exercise its functions with a view to enabling health care services provided for the purposes of
p.000091: the NHS to be provided in an integrated way where it considers that this would—
p.000091: (a) improve the quality of those services (including the outcomes that are achieved from their provision) or the
p.000091: efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those services.
p.000091: (5) Monitor must exercise its functions with a view to enabling the provision of health care services provided for
p.000091: the purposes of the NHS to be integrated with the provision of health-related services or social care services
p.000091: where it considers that this would—
p.000091: (a) improve the quality of those health care services (including the outcomes that are achieved from their
p.000091: provision) or the efficiency of their provision,
p.000091: (b) reduce inequalities between persons with respect to their ability to access those health care services,
p.000091: or
p.000091: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000091: those health care services.
p.000091: (6) Monitor must, in carrying out its duties under subsections (4) and (5), have regard to the way in which—
p.000091: (a) the National Health Service Commissioning Board carries out its duties under section 13N of the National Health
p.000091: Service Act 2006, and
p.000091: (b) clinical commissioning groups carry out their duties under section 14Z1 of that Act.
p.000091: (7) Monitor must secure that people who use health care services, and other members of the public, are
p.000091: involved to an appropriate degree in decisions that Monitor makes about the exercise of its functions (other than
p.000091: decisions it makes about the exercise of its functions in a particular case).
p.000091: (8) Monitor must obtain advice appropriate for enabling it effectively to discharge its functions from persons
p.000091: who (taken together) have a broad range of professional expertise in—
p.000091: (a) the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006),
p.000091: and
p.000091: (b) the protection or improvement of public health.
p.000091: (9) Monitor must exercise its functions in a manner consistent with the performance by the
p.000091: Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of
p.000091: comprehensive health service).
p.000091: (10) Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care
...
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
p.000093: (g) the need for high standards in the education and training of health care professionals who provide health care
p.000093: services for the purposes of the NHS, and
p.000093: (h) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service
p.000093: Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that
p.000093: document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions.
p.000093: (3) Where the Secretary of State publishes guidance referred to in subsection (2)(h), the Secretary of
p.000093: State must lay a copy of the published guidance before Parliament.
p.000093:
p.000093: 94 Health and Social
p.000093: Care Act 2012 (c. 7)
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: (4) The Secretary of State—
p.000093: (a) may revise the guidance, and
p.000093: (b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
p.000093:
p.000093: 67 Conflicts between functions
...
p.000110: referred to in subsection (3);
p.000110: (f) for the purpose of enabling the provision of health care services provided for the purposes of
p.000110: the NHS to be integrated with the provision of health-related services or social care services where
p.000110: Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
p.000110: (g) for the purpose of enabling co-operation between providers of health care services for the purposes of the NHS
p.000110: where Monitor considers that this would achieve one or more of the objectives referred to in subsection (3);
p.000110: (h) for purposes connected with the governance of persons providing health care services for the purposes of
p.000110: the NHS;
p.000110: (i) for purposes connected with Monitor’s functions in relation to the register of NHS foundation
p.000110: trusts required to be maintained under section 39 of the National Health Service Act 2006;
p.000110: (j) for purposes connected with the operation of the licensing regime established by this Chapter;
p.000110: (k) for such purposes as may be prescribed for the purpose of enabling Monitor to discharge its duties
p.000110: under section 62.
p.000110: (3) The objectives referred to in subsection (2)(e), (f) and (g) are—
p.000110:
p.000110: Health and Social Care Act 2012 (c. 7)
p.000110: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000111: 111
p.000111:
p.000111: (a) improving the quality of health care services provided for the purposes of the NHS (including the outcomes
p.000111: that are achieved from their provision) or the efficiency of their provision,
p.000111: (b) reducing inequalities between persons with respect to their ability to access those services, and
p.000111: (c) reducing inequalities between persons with respect to the outcomes achieved for them by the provision of
p.000111: those services.
p.000111: (4) Monitor must not exercise a function to which this section applies in a way which it considers would result
p.000111: in a particular licence holder or holders of licences of a particular description being put at an
p.000111: unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes
p.000111: of the NHS as a result of—
p.000111: (a) being in the public or (as the case may be) private sector, or
p.000111: (b) some other aspect of its or their status.
p.000111: (5) In subsection (2)(f), “health-related services” and “social care services” each have the meaning given
p.000111: in section 62(11).
p.000111:
p.000111: 97 Conditions: supplementary
p.000111: (1) The standard or special conditions of a licence under this Chapter may, in particular, include
p.000111: conditions—
p.000111: (a) requiring the licence holder to pay to Monitor such fees of such amounts as Monitor may determine
p.000111: in respect of the exercise by Monitor of its functions under this Chapter,
p.000111: (b) requiring the licence holder to comply with any requirement imposed on it by Monitor under Chapter 6
p.000111: (financial assistance in special administration cases),
p.000111: (c) requiring the licence holder to do, or not to do, specified things or things of a specified
p.000111: description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in
p.000111: order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which
...
p.000111: (i) requiring the licence holder—
p.000111: (i) to do, or not to do, specified things or things of a specified description (or to do, or not to do,
p.000111: any such things in a specified
p.000111:
p.000112: 112
p.000112: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000112: Chapter 3 — Licensing
p.000112:
p.000112: manner) within such period as may be specified in order to ensure the continued provision of one or more of
p.000112: the health care services that the licence holder provides for the purposes of the NHS,
p.000112: (ii) to give Monitor notice (of such period as may be determined by or under the licence) of the licence holder’s
p.000112: intention to cease providing a health care service for the purposes of the NHS, and
p.000112: (iii) if Monitor so directs, to continue providing that service for a period determined by Monitor,
p.000112: (j) about the use or disposal by the licence holder of assets used in the provision of health care services for the
p.000112: purposes of the NHS in order to ensure the continued provision of one or more of the health care services
p.000112: that the licence holder provides for those purposes, and
p.000112: (k) about the making by the licence holder of investment in relation to the provision of health care services for
p.000112: the purposes of the NHS in order to ensure the continued provision of one or more of the health care
p.000112: services that the licence holder provides for those purposes.
p.000112: (2) In subsection (1) “specified” means specified in a condition.
p.000112: (3) Monitor must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide
p.000112: another licence holder with access to facilities of A.
p.000112: (4) A condition under subsection (1)(d)—
p.000112: (a) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to
p.000112: be an NHS trust established under section 25 of the National Health Service Act 2006, and
p.000112: (b) ceases to have effect at the end of the period of five years beginning with the day on which it is included in
p.000112: the licence.
p.000112: (5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference
p.000112: to part of the activities concerned.
p.000112: (6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to
p.000112: the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a
p.000112: business.
p.000112: (7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect,
p.000112: at such times and in such circumstances as may be determined by or under the conditions.
p.000112:
p.000112: 98 Conditions relating to the continuation of the provision of services etc.
p.000112: (1) The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in
p.000112: particular—
p.000112: (a) providing information to the commissioners of services to which the condition applies and to such other persons
p.000112: as Monitor may direct,
p.000112: (b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and
p.000112: anything on them, and
p.000112: (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s
p.000112: affairs, business and property.
...
p.000168: (a) the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust
p.000168: that is subject to an order under section 65D(2), at such level, as the commissioners of those
p.000168: services determine, and
p.000168: (b) that it becomes unnecessary for the order to remain in force for that purpose.
p.000168:
p.000168: Health and Social Care Act 2012 (c. 7)
p.000168: Part 4 — NHS foundation trusts & NHS trusts
p.000169: 169
p.000169:
p.000169: (2) The commissioners may determine that the objective set out in subsection (1) is to apply to a
p.000169: service only if they are satisfied that the criterion in subsection (3) is met.
p.000169: (3) The criterion is that ceasing to provide the service under this Act would, in the absence of
p.000169: alternative arrangements for its provision under this Act, be likely to—
p.000169: (a) have a significant adverse impact on the health of persons in need of the service or significantly increase
p.000169: health inequalities, or
p.000169: (b) cause a failure to prevent or ameliorate either a significant adverse impact on the health of such
p.000169: persons or a significant increase in health inequalities.
p.000169: (4) In determining whether that criterion is met, the commissioners must (in so far as they would not otherwise be
p.000169: required to do so) have regard to—
p.000169: (a) the current and future need for the provision of the service under this Act,
p.000169: (b) whether ceasing to provide the service under this Act would significantly reduce equality between those for
p.000169: whom the commissioner arranges for the provision of services under this Act with respect to their ability to access
p.000169: services so provided, and
p.000169: (c) such other matters as may be specified in relation to NHS foundation trusts in guidance published by
p.000169: the regulator.
p.000169: (5) The regulator may revise guidance under subsection (4)(c) and, if it does so, must publish the
p.000169: guidance as revised.
p.000169: (6) Before publishing guidance under subsection (4)(c) or (5), the regulator must obtain the approval of—
p.000169: (a) the Secretary of State;
p.000169: (b) the Board.
p.000169: (7) The Board must make arrangements for facilitating agreement between commissioners in determining the services
p.000169: provided by the trust under this Act to which the objective set out in subsection (1) is to apply.
p.000169: (8) Where commissioners fail to reach agreement in pursuance of arrangements under subsection
p.000169: (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as
p.000169: applying to the commissioners concerned, is to be regarded as discharged).
p.000169: (9) In this section—
p.000169: “commissioners” means the persons to which the trust provides services under this Act, and
p.000169: “health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the
p.000169: provision of services that are provided as part of the health service.”
p.000169: (2) If, at any time before section 9 comes into force, Monitor obtains the approval of the NHS Commissioning
p.000169: Board Authority to publish guidance under section 65DA(4)(c) or (5) of the National Health Service Act 2006, that
p.000169: approval
p.000169:
p.000170: 170
p.000170: Health and Social Care Act 2012 (c. 7)
p.000170: Part 4 — NHS foundation trusts & NHS trusts
p.000170:
...
p.000182: not include a reference to its functions under section 45A.”
p.000182: (12) After subsection (2) of that section insert—
p.000182: “(2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the
p.000182: contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the
p.000182: year concerned.”
p.000182: (13) In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the
p.000182: Healthwatch England committee”—
p.000182: (a) Part 2 of Schedule 1 to the Public Records Act 1958,
p.000182: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
p.000182: (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.
p.000182: (14) The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public
p.000182: Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.
p.000182:
p.000182: Local Healthwatch organisations
p.000182:
p.000182: 182 Activities relating to local care services
p.000182: (1) Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social
p.000182: services) is amended as follows.
p.000182: (2) In subsection (2)—
p.000182: (a) in each of paragraphs (a) to (c), before “people” insert “local”, and
p.000182: (b) omit the “and” preceding paragraph (d).
p.000182: (3) At the end of that paragraph, insert “and to the Healthwatch England committee of the Care Quality
p.000182: Commission.”
p.000182: (4) After that paragraph insert—
p.000182: “(e) providing advice and information about access to local care services and about choices that may be made
p.000182: with respect to aspects of those services;
p.000182: (f) reaching views on the matters mentioned in subsection (3) and making those views known to the
p.000182: Healthwatch England committee of the Care Quality Commission;
p.000182: (g) making recommendations to that committee to advise the Commission about special reviews or investigations
p.000182: to conduct
p.000182:
p.000182: Health and Social Care Act 2012 (c. 7)
p.000182: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000183: 183
p.000183:
p.000183: (or, where the circumstances justify doing so, making such recommendations direct to the Commission);
p.000183: (h) making recommendations to that committee to publish reports under section 45C(3) of the Health and Social
p.000183: Care Act 2008 about particular matters; and
p.000183: (i) giving that committee such assistance as it may require to enable it to carry out its functions
p.000183: effectively, efficiently and economically.”
p.000183: (5) In subsection (3), after “(2)(b)” insert “and (f)”.
p.000183: (6) After that subsection insert—
p.000183: “(3A) A person to whom views are made known or reports or recommendations are made
p.000183: under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports
p.000183: or recommendations.”
p.000183: (7) After subsection (3A) insert—
p.000183: “(3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation
p.000183: to its area is in force at any one time.”
p.000183: (8) In subsection (6), after the definition of “local care services” insert— ““local people”, in relation to a local
...
p.000208: services)”.
p.000208: (3) In section 24A of that Act (report on consultation), in subsection (2), for “Parts 4 to 7” substitute “Parts 4
p.000208: to 6”.
p.000208: (4) In section 242 of that Act (public involvement and consultation), in subsection (1F), after “(1E),” insert “—
p.000208: (a) “health services” does not include pharmaceutical services or local pharmaceutical services, and
p.000208: (b) ”.
p.000208: (5) In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end
p.000208: of subsection (2) add “; and for that purpose “health services” does not include pharmaceutical services or
p.000208: local pharmaceutical services”.
p.000208:
p.000208: 207 Control of entry on pharmaceutical lists
p.000208: (1) Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is
p.000208: amended as follows.
p.000208: (2) In subsection (2), in paragraph (c)—
p.000208: (a) for “must be granted if” substitute “may be granted only if”, and
p.000208: (b) omit the words from “and may otherwise” to the end.
p.000208: (3) After that subsection insert—
p.000208: “(2ZA) The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in
p.000208: a list prepared for the purposes of provision under subsection (2)(a).”
p.000208: (4) In subsection (2A)—
p.000208: (a) for “its needs statement” substitute “the needs statement for the relevant area”, and
p.000208: (b) for the words from “it is necessary” to the end substitute “to grant the application would—
p.000208: (a) meet a need in that area for the services or some of the services specified in the application, or
p.000208: (b) secure improvements, or better access, to pharmaceutical services in that area.”
p.000208: (5) For subsection (2B) substitute—
p.000208: “(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and
p.000208: Wellbeing Board which includes the
p.000208:
p.000208: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000209: 209
p.000209:
p.000209: premises from which the application states that the applicant will undertake to provide services.”
p.000209: (6) In subsection (2C), for “(2B)” substitute “(2A)”.
p.000209: (7) In subsection (4)(c), omit “or (2B)”.
p.000209: (8) In subsection (6)(g)—
p.000209: (a) after “grounds on which” insert “or circumstances in which”,
p.000209: (b) before “may, or must,” insert “—
p.000209: (i) ”, and
p.000209: (c) at the end insert “,
p.000209: (ii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list”.
p.000209: (9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
p.000209: (10) In section 130(2) of that Act (regulations about appeals from decisions on applications for
p.000209: inclusion in pharmaceutical list)—
p.000209: (a) after “an application” insert “on grounds corresponding to the conditions referred to in section
p.000209: 151(2), (3) or (4) as read with section 153”, and
p.000209: (b) omit “(by way of redetermination)”.
p.000209: (11) In section 136 of that Act (designation of priority neighbourhoods or premises)—
p.000209: (a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
p.000209: (b) after subsection (3) insert—
p.000209: “(4) “Relevant area” has the same meaning as in section 129(2A).”
...
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
p.000345: 59 In section 47 (assessment of needs for community care services), in subsection (3)—
p.000345: (a) before paragraph (a) insert—
p.000345: “(za) that there may be a need for the provision to that person, pursuant to arrangements made under
p.000345: the National Health Service Act 2006 by such clinical commissioning group as may be determined in
p.000345: accordance with regulations, of any services (including services that may be provided pursuant to such
p.000345: arrangements by virtue of section 7A of that Act),”,
p.000345: (b) in paragraph (a), omit “Primary Care Trust or”,
p.000345: (c) in that paragraph omit “the National Health Service Act 2006 or”,
p.000345: (d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
p.000345: (e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
p.000345: 60 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
p.000345: (a) omit “Strategic Health Authority,”, and
p.000345: (b) omit “Primary Care Trust,”.
p.000345: 61 In section 60 (removal of crown immunities), in subsection (7)—
p.000345: (a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
p.000345:
p.000346: 346
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000346:
p.000346: (b) in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.
p.000346: Access to Health Records Act 1990 (c. 23)
p.000346: 62 The Access to Health Records Act 1990 is amended as follows.
p.000346: 63 In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
p.000346: (a) in paragraph (a)—
p.000346: (i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust or”, and
p.000346: (b) in paragraph (aa)—
p.000346: (i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health
p.000346: Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust, Authority or”.
p.000346: 64 In section 11 (interpretation)—
p.000346: (a) in the definition of “health service body”, in paragraph (a)—
p.000346: (i) omit “Strategic Health Authority,”,
p.000346: (ii) for “, Local” substitute “or Local”, and
p.000346: (iii) omit “or Primary Care Trust”,
p.000346: (b) omit the definition of “Primary Care Trust”, and
p.000346: (c) omit the definition of “Strategic Health Authority”.
p.000346: London Local Authorities Act 1991 (c. xiii)
p.000346: 65 In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment
p.000346: for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National
p.000346: Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service
p.000346: Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006
p.000346: (including by virtue of section 7A of that Act)”.
...
p.000407: Mental Health Act 1983 (c. 20)
p.000407: 50 In section 139(4) of the Mental Health Act 1983 (exemption from protection for acts done in pursuance of
p.000407: the Act), omit “the National Health Service Act 2006 or”.
p.000407: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000407: 51 In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act
p.000407: 1986 (rights of authorised representatives of disabled persons), in paragraph (a) omit “that Act or”.
p.000407: Copyright, Designs and Patents Act 1988 (c. 48)
p.000407: 52 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000407: Crown in the course of public business), in subsection
p.000407: (6) omit “section 25 of the National Health Service Act 2006,”.
p.000407: Health and Medicines Act 1988 (c. 49)
p.000407: 53 In section 7(3) of the Health and Medicines Act 1988 (powers to give directions in relation
p.000407: to financing of the NHS), in paragraph (i) omit “an NHS trust or”.
p.000407: Road Traffic Act 1988 (c. 52)
p.000407: 54 In section 144(2)(db) of the Road Traffic Act 1988 (exception for ambulances to requirement for third
p.000407: party insurance), omit “section 25 of the National Health Service Act 2006,”.
p.000407:
p.000408: 408
p.000408: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000408: Part 2 — Amendments of other Acts
p.000408: Access to Health Records Act 1990 (c. 23)
p.000408: 55 In section 11 of the Access to Health Records Act 1990 (interpretation), in the definition of “health
p.000408: service body”, in paragraph (d), omit “section 25 of the National Health Service Act 2006 or”.
p.000408: Water Industry Act 1991 (c. 56)
p.000408: 56 In Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for
p.000408: non-payment), in paragraph 16 omit “the National Health Service Act 2006 or”.
p.000408: London Local Authorities Act 1991 (c. xiii)
p.000408: 57 In section 4 of the London Local Authorities Act 1991 (interpretation), in the definition of
p.000408: “establishment for special treatment”, in paragraph (d) omit “section 25 of that Act or”.
p.000408: Social Security Contributions and Benefits Act 1992 (c. 4)
p.000408: 58 The Social Security Contributions and Benefits Act 1992 is amended as follows.
p.000408: 59 In section 163(6) (interpretation of Part 11), omit “the National Health Service Act 2006,”.
p.000408: 60 In section 171(3) (interpretation of Part 12), omit “the National Health Service Act 2006,”.
p.000408: 61 In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health Service Act 2006,”.
p.000408: 62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
p.000408: Health Service Commissioners Act 1993 (c. 46)
p.000408: 63 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the
p.000408: Commissioner), omit paragraph (d).
p.000408: Vehicle Excise and Registration Act 1994 (c. 22)
p.000408: 64 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle
p.000408: excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.
p.000408: Value Added Tax Act 1994 (c. 23)
...
p.000437: immunity or privilege of the Crown.
p.000437: (2) The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000437:
p.000437:
p.000437: SCHEDULE 19 Section 277
p.000437: PART 9: CONSEQUENTIAL AMENDMENTS
p.000437: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000437: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000437: Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
p.000437: “(o) the Health and Social Care Information Centre.”
p.000437: Parliamentary Commissioner Act 1967 (c. 13)
p.000437: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000437: the appropriate place insert—
p.000437: “Health and Social Care Information Centre.”
p.000437: House of Commons Disqualification Act 1975 (c. 24)
p.000437: 3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
p.000438: “(f) the Health and Social Care Information Centre;”.
p.000438: Employment Rights Act 1996 (c. 18)
p.000438: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000438: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted
p.000438: by Schedule 17) insert—
p.000438: “(ad) the Health and Social Care Information Centre,”.
p.000438: (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
p.000438: “(cd) the Health and Social Care Information Centre,”.
p.000438: Data Protection Act 1998 (c. 29)
p.000438: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000438: subsection (3), after paragraph (fb) (inserted by Schedule
p.000438: 17) insert—
p.000438: “(fc) the Health and Social Care Information Centre,”.
p.000438: Freedom of Information Act 2000 (c. 36)
p.000438: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)
p.000438: at the appropriate place insert—
p.000438: “The Health and Social Care Information Centre.”
p.000438: National Health Service Act 2006 (c. 41)
p.000438: 9 (1) The National Health Service Act 2006 is amended as follows.
...
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p.000351: Care Standards Act 2000 (c. 14)
p.000351: 95 In section 121 of the Care Standards Act 2000 (interpretation), in subsection
p.000351: (1) in the definition of “National Health Service body”—
p.000351: (a) omit “a Strategic Health Authority,”, and
p.000351: (b) omit “, a Primary Care Trust”.
p.000351: Government Resources and Accounts Act 2000 (c. 20)
p.000351: 96 (1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is
p.000351: amended as follows.
p.000351: (2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.
p.000351: (3) Omit subsection (3).
p.000351: (4) In subsection (4) for “that subsection” substitute “subsection (1)”.
p.000351: Local Government Act 2000 (c. 22)
p.000351: 97 In section 21C of the Local Government Act 2000 (reports and recommendations of
p.000351: overview and scrutiny committees: duties of certain bodies), in subsection (6)—
p.000351: (a) before paragraph (b) insert—
p.000351: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group, or”, and
p.000351:
p.000352: 352
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) omit paragraph (c) and the preceding “or”.
p.000352: Regulation of Investigatory Powers Act 2000 (c. 23)
p.000352: 98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful
p.000352: interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute
p.000352: “section 4(3A)(a) of the National Health Service Act 2006”.
p.000352: Freedom of Information Act 2000 (c. 36)
p.000352: 99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
p.000352: (a) omit paragraph 36A,
p.000352: (b) before paragraph 38 insert—
p.000352: “37A The National Health Service Commissioning Board.
p.000352: 37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000352: (c) omit paragraph 39.
p.000352: International Development Act 2002 (c. 1)
p.000352: 100 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of
p.000352: that Act)—
p.000352: (a) before the entry for a Health Board insert—
p.000352: “the National Health Service Commissioning Board a clinical commissioning group”,
p.000352: (b) omit the entry for a Primary Care Trust, and
p.000352: (c) omit the entry for a Strategic Health Authority.
p.000352: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000352: 101 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
...
p.000372: Health and Safety at Work etc. Act 1974 (c. 37)
p.000372: 4 The Health and Safety at Work etc. Act 1974 is amended as follows.
p.000372: 5 In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in
p.000372: particular,” to the end.
p.000372: 6 In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from
p.000372: “, and, in the case of” to “the Health Protection Agency”.
p.000372: House of Commons Disqualification Act 1975 (c. 24)
p.000372: 7 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000372: membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.
p.000372: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000372: 8 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying
p.000372: for membership of the Assembly), omit the
p.000372:
p.000372: Health and Social Care Act 2012 (c. 7)
p.000372: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000373: 373
p.000373: entry for the chairman and any non-executive member of the Health Protection Agency.
p.000373: Employment Rights Act 1996 (c. 18)
p.000373: 9 In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph
p.000373: (dd).
p.000373: Freedom of Information Act 2000 (c. 36)
p.000373: 10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the
p.000373: entry for the Health Protection Agency.
p.000373: International Development Act 2002 (c. 1)
p.000373: 11 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000373: powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.
p.000373: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000373: 12 (1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to
p.000373: disclose information to health service bodies) is amended as follows.
p.000373: (2) In paragraph (a)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”, and
p.000373: (b) omit sub-paragraph (vi) and the “or” preceding it.
p.000373: (3) In paragraph (b)—
p.000373: (a) after sub-paragraph (i) insert “or”, and
p.000373: (b) omit sub-paragraph (iv) and the “or” preceding it.
p.000373: (4) In paragraph (c)—
p.000373: (a) before sub-paragraph (i) insert—
p.000373: “(ai) the Secretary of State,”,
p.000373: (b) after sub-paragraph (iia) insert “or”, and
p.000373: (c) omit sub-paragraph (iii).
p.000373: (5) In paragraph (d)—
p.000373: (a) after sub-paragraph (ii) insert—
p.000373: “(iia) the Regional Agency for Public Health and Social Well-being established under section 12 of the
p.000373: Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and
...
p.000399: (2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care
p.000399: (Community Health and Standards) 2003 (which inserted the entry in question).
p.000399: House of Commons Disqualification Act 1975 (c. 24)
p.000399: 5 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
p.000399: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000399: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000399: Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399:
p.000400: 400
p.000400: Health and Social Care Act 2012 (c. 7) Schedule 13 — Part 3: minor and consequential amendments
p.000400: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000400: 6 (1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying
p.000400: offices)—
p.000400: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000400: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000400: Foundation Trusts.
p.000400: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health
p.000400: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000400: Freedom of Information Act 2000 (c. 36)
p.000400: 7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices:
p.000400: general)—
p.000400: (a) at the appropriate place insert— “Monitor.”, and
p.000400: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000400: National Health Service Act 2006 (c. 41)
p.000400: 8 The National Health Service Act 2006 is amended as follows.
p.000400: 9 (1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS
p.000400: Foundation Trusts).
p.000400: (2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
p.000400: 10 (1) Omit section 32 (general duty of regulator).
p.000400: (2) Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts
p.000400: in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
p.000400: 11 In section 275(1) (general interpretation), at the appropriate place, insert— ““the regulator” means
p.000400: Monitor,”.
p.000400: 12 In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)”
p.000400: substitute “section 275(1)”.
p.000400: National Health Service (Wales) Act 2006 (c. 42)
p.000400: 13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in
p.000400: reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS
p.000400: Foundation Trusts” substitute “Monitor”.
p.000400: Health and Social Care Act 2008 (c. 14)
p.000400: 14 The Health and Social Care Act 2008 is amended as follows.
p.000400: 15 In section 30(3) (urgent applications for cancellation of registration of service
p.000400:
...
p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
p.000410: Health Service trusts, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: 87 In section 66(4) (bodies that are public bodies for purpose of exemption for transfers of land), under the
...
p.000418: ““the Council” means the Care Council for Wales.”
p.000418: (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for
p.000418: “the appropriate Council” substitute “the Council”.
p.000418: (4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
p.000419: (5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to
p.000419: “Welsh Ministers, on”.
p.000419: (6) In paragraph 8 (matters outside the scope of regulations)—
p.000419: (a) in sub-paragraph (1), omit “the General Social Care Council or”,
p.000419: (b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
p.000419: (c) in that sub-paragraph, for “that Council” substitute “the Council”.
p.000419: (7) Omit paragraph 9 (preliminary procedure for making regulations: England).
p.000419: (8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.
p.000419: Amendments to other Acts
p.000419: 50 In the following provisions, omit the entry for the General Social Care Council—
p.000419: (a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000419: (b) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000419: (c) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000419: (d) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000419: (e) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000419: 51 In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for
p.000419: professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o).
p.000419: 52 In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in
p.000419: entry number 8 in the table in subsection (7)—
p.000419: (a) in the first column, after “social care workers” insert “in Wales”, and
p.000419: (b) in the second column, for the words from “General” to the end substitute “Care Council for Wales”.
p.000419: PART 2
p.000419: THE HEALTH AND CARE PROFESSIONS COUNCIL
p.000419: 53 (1) A reference in any instrument or document to the Health Professions Council is to be read, in
p.000419: relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions
p.000419: Council.
p.000419: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and
p.000419: Care Professions Council is to be read, in relation to any time before the commencement of section
p.000419: 214(1), as a reference to the Health Professions Council.
p.000419: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000419: (a) an Act of Parliament,
p.000419: (b) an Act of the Scottish Parliament,
p.000419: (c) an Act or Measure of the National Assembly for Wales, or
p.000419: (d) Northern Ireland legislation.
p.000419:
p.000420: 420
p.000420: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 2 — The Health
p.000420: and Care Professions Council
p.000420: 54 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place
p.000420: insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 55 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate
p.000420: place insert—
p.000420: “The Health and Care Professions Council”.
p.000420: 56 In the following provisions, for “the Health Professions Council” substitute “the Health and Care
p.000420: Professions Council”—
p.000420: (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
p.000420: (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
p.000420: (c) section 4(4)(a) of the Health (Wales) Act 2003,
p.000420: (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
p.000420: (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
p.000420: (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
p.000420: 57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for
p.000420: paragraph (a) substitute—
p.000420: “(a) the Health and Care Professions Council;”.
p.000420: 58 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
p.000420: “(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that
p.000420: body in so far as it has functions relating to the social work profession in England or social care workers in England
p.000420: (each of those expressions having the same meaning as in section 60 of the Health Act 1999).”
p.000420: PART 3
p.000420: THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE
p.000420: General
p.000420: 59 (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be
p.000420: read, in relation to any time after the commencement of section 222(1), as a reference to the
...
p.000421: Other Acts, etc.
p.000421: 67 In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated
p.000421: by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
p.000421:
p.000422: 422
p.000422: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings
p.000422: Part 3 — The Professional Standards Authority for Health and Social Care
p.000422: 68 In each of the following provisions, for “the Council for Healthcare Regulatory
p.000422: Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
p.000422: (a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000422: (b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health
p.000422: Service Act 2006, and
p.000422: (c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health
p.000422: Service (Wales) Act 2006.
p.000422: 69 (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory
p.000422: Excellence”—
p.000422: (a) Schedule 1 to the Public Records Act 1958,
p.000422: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000422: (d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000422: (2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert—
p.000422: “The Professional Standards Authority for Health and Social Care”.
p.000422: (3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a
p.000422: reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification)
p.000422: Order 2006, which has itself been revoked).
p.000422: PART 4
p.000422: THE OFFICE OF THE HEALTH PROFESSIONS ADJUDICATOR
p.000422: Miscellaneous amendments
p.000422: 70 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
p.000422: 71 (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
p.000422: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
p.000422: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
p.000422: (d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order
p.000422: 2007 (S.I. 2007/2951).
p.000422: (2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and
p.000422: Social Care Act 2008 and the preceding “and” in each case.
p.000422: (3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA
p.000422: in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
p.000422:
p.000422: Health and Social Care Act 2012 (c. 7)
p.000422: Schedule 15 — Part 7: consequential amendments and savings Part 4 — The Office of the Health Professions Adjudicator
p.000423: 423
p.000423: (4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy
p.000423: Technicians Order 2007, which has itself been revoked).
p.000423: Amendments to the Health Act 1999 (c. 8)
p.000423: 72 (1) The Health Act 1999 is amended as follows.
p.000423: (2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA).
p.000423: (3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act
p.000423: 2008.
p.000423: (4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise
p.000423: must provide for functions to be exercised by relevant regulatory body or OHPA), omit “or the Office of the
p.000423: Health Professions Adjudicator”.
p.000423: (5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit
p.000423: paragraph (a) and the “or” following it.
...
p.000430: (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
p.000430: (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
p.000430: House of Commons Disqualification Act 1975 (c. 24)
p.000430: 4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000430: 5 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Employment Rights Act 1996 (c. 18)
p.000430: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000430: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
p.000430: “(ac) the National Institute for Health and Care Excellence,”.
p.000430: (3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert—
p.000430: “(cc) the National Institute for Health and Care Excellence,”.
p.000430: Data Protection Act 1998 (c. 29)
p.000430: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000430: subsection (3), after paragraph (fa) insert—
p.000430: “(fb) the National Institute for Health and Care Excellence,”.
p.000430: Freedom of Information Act 2000 (c. 36)
p.000430: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
p.000430:
p.000430: Health and Social Care Act 2012 (c. 7)
p.000430: Schedule 17 — Part 8: consequential amendments
p.000430: bodies and offices: general) at the appropriate place insert— “The National Institute for Health and Care Excellence.”
p.000430: International Development Act 2002 (c. 1)
p.000431: 431
p.000431: 9 In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide
p.000431: international development assistance etc.) after the entry for an NHS foundation trust insert—
p.000431: “The National Institute for Health and Care Excellence.”
p.000431: National Health Service Act 2006 (c. 41)
p.000431: 10 (1) The National Health Service Act 2006 is amended as follows.
p.000431: (2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert— “(ka) NICE,”.
p.000431: (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2),
p.000431: after paragraph (d) insert—
p.000431: “(da) NICE,”.
p.000431: (4) In section 72 (co-operation between NHS bodies)—
p.000431: (a) the existing text becomes subsection (1), and
p.000431: (b) after that subsection insert—
p.000431: “(2) For the purposes of this section, NICE is an NHS body.”
p.000431: (5) In section 275 (interpretation) in subsection (1), after the definition of “NHS trust” insert—
p.000431: ““NICE” means the National Institute for Health and Care Excellence;”.
p.000431: National Health Service (Wales) Act 2006 (c. 42)
p.000431: 11 In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after
p.000431: paragraph (k) insert—
p.000431: “(ka) the National Institute for Health and Care Excellence,”.
p.000431: Health and Social Care Act 2008 (c. 14)
p.000431: 12 (1) The Health and Social Care Act 2008 is amended as follows.
...
p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
p.000438: “(f) the Health and Social Care Information Centre;”.
p.000438: Employment Rights Act 1996 (c. 18)
p.000438: 6 (1) The Employment Rights Act 1996 is amended as follows.
p.000438: (2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted
p.000438: by Schedule 17) insert—
p.000438: “(ad) the Health and Social Care Information Centre,”.
p.000438: (3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert—
p.000438: “(cd) the Health and Social Care Information Centre,”.
p.000438: Data Protection Act 1998 (c. 29)
p.000438: 7 In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in
p.000438: subsection (3), after paragraph (fb) (inserted by Schedule
p.000438: 17) insert—
p.000438: “(fc) the Health and Social Care Information Centre,”.
p.000438: Freedom of Information Act 2000 (c. 36)
p.000438: 8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)
p.000438: at the appropriate place insert—
p.000438: “The Health and Social Care Information Centre.”
p.000438: National Health Service Act 2006 (c. 41)
p.000438: 9 (1) The National Health Service Act 2006 is amended as follows.
p.000438: (2) In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
p.000438: “(kb) the Health and Social Care Information Centre,”.
p.000438: (3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection
p.000438: (2), after paragraph (da) (inserted by Schedule 17) insert—
p.000438: “(db) the Health and Social Care Information Centre,”.
p.000438: (4) In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this
p.000438: Act) insert—
p.000438: “(3) For the purposes of this section, the Health and Social Care Information Centre is an NHS
p.000438: body.”
p.000438: National Health Service (Wales) Act 2006 (c. 42)
p.000438: 10 (1) The National Health Service (Wales) Act 2006 is amended as follows.
p.000438: (2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
p.000438: “(kb) the Health and Social Care Information Centre,”.
p.000438:
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: Health and Social Care Act 2008 (c. 14)
p.000439: 439
p.000439: 11 In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission
p.000439: to require documents and information etc. from certain persons) in subsection (2)—
p.000439: (a) omit the “or” after paragraph (d), and
p.000439: (b) after paragraph (e) insert “, or
p.000439: (f) the Health and Social Care Information Centre.”
p.000439: Health Act 2009 (c. 21)
p.000439: 12 In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in
p.000439: subsection (2) after paragraph (da) (inserted by Schedule
p.000439: 17) insert—
p.000439: “(db) the Health and Social Care Information Centre;”.
p.000439: Equality Act 2010 (c. 15)
p.000439: 13 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at
p.000439: the end of the group of entries for bodies whose functions relate to the health service add—
p.000439: “The Health and Social Care Information Centre.”
p.000439:
p.000439:
p.000439: SCHEDULE 20 Sections 278, 279 and 280
p.000439: PART 10: CONSEQUENTIAL AMENDMENTS AND SAVINGS
p.000439: PART 1
p.000439: THE ALCOHOL EDUCATION AND RESEARCH COUNCIL
p.000439: Consequential amendments
p.000439: 1 Omit the entry for the Alcohol Education and Research Council in each of the following—
p.000439: (a) Schedule 2 to the Parliamentary Commissioner Act 1967, and
p.000439: (b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000439: 2 Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act
p.000439: 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
p.000439: 3 In consequence of the repeal made by section 278(2)—
p.000439: (a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
p.000439: (b) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).
p.000439:
p.000440: 440
p.000440:
p.000440: Savings
p.000440: Health and Social Care Act 2012 (c. 7) Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol
p.000440: Education and Research Council
p.000440: 4 (1) Anything which is in the process of being done by the Alcohol Education and Research Council under an
p.000440: enactment immediately before abolition may be continued by the Secretary of State.
p.000440: (2) Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been
p.000440: done by the Council, be done by the Secretary of State after abolition.
p.000440: (3) The Secretary of State must prepare a report on the activities of the Council during the period that begins with
p.000440: the 1 April before abolition and ends with abolition.
p.000440: (4) In this paragraph—
p.000440: “abolition” means the commencement of section 278(1);
p.000440: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000440: Interpretation Act 1978).
p.000440: PART 2
p.000440: THE APPOINTMENTS COMMISSION
p.000440: Consequential amendments
p.000440: 5 (1) Omit the entry for the Appointments Commission in each of the following—
p.000440: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000440: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000440: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000440: (2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and
p.000440: the cross-heading preceding each of paragraphs 4 and 5).
p.000440: 6 Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—
p.000440: (a) the Medical Act 1983,
p.000440: (b) the Dentists Act 1984,
p.000440: (c) the Opticians Act 1989,
p.000440: (d) the Osteopaths Act 1993, and
p.000440: (e) the Chiropractors Act 1994.
p.000440: 7 In consequence of the repeal made by section 279(2)—
p.000440: (a) in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit
p.000440: paragraphs 284 to 286,
p.000440: (b) in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the
p.000440: preceding cross-heading),
p.000440: (c) in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and
p.000440: (d) in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading).
p.000440:
p.000440: Health and Social Care Act 2012 (c. 7)
p.000440: Schedule 20 — Part 10: consequential amendments and savings Part 2 — The Appointments Commission
p.000440: Savings
p.000441: 441
p.000441: 8 (1) Anything which is in the process of being done by the Appointments Commission under an
p.000441: enactment immediately before abolition may be continued by the Secretary of State.
p.000441: (2) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning
p.000441: of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before
p.000441: abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph.
p.000441: (3) Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of
p.000441: imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose—
p.000441: (a) the duty under sub-paragraph (2) of that paragraph, in so far as it has not been discharged by the Commission,
p.000441: must be discharged by the Secretary of State, and
p.000441: (b) the duty under sub-paragraph (3)(b) of that paragraph must be discharged by the Secretary of State.
p.000441: (4) Subject to that, anything which the Commission is required to do under an enactment before abolition may, in
p.000441: so far as it has not been done by the Commission, be done by the Secretary of State after abolition.
p.000441: (5) In this paragraph—
p.000441: “abolition” means the commencement of section 279(1);
p.000441: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000441: Interpretation Act 1978).
p.000441: PART 3
p.000441: THE NATIONAL INFORMATION GOVERNANCE BOARD FOR HEALTH AND SOCIAL CARE
p.000441: Consequential amendments
p.000441: 9 (1) Omit the entry for the National Information Governance Board for Health and Social Care in each of the
p.000441: following—
p.000441: (a) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000441: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and
p.000441: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000441: (2) In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4
p.000441: (and the cross-heading preceding each of those paragraphs).
p.000441: 10 (1) In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in
p.000441: subsection (3), omit paragraph (fa).
p.000441: (2) In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the
p.000441: preceding cross-heading).
p.000441: 11 In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social
p.000441: Care Act 2008.
p.000441:
p.000442: 442
p.000442:
p.000442: Savings
p.000442: Health and Social Care Act 2012 (c. 7) Schedule 20 — Part 10: consequential amendments and savings
p.000442: Part 3 — The National Information Governance Board for Health and Social Care
p.000442: 12 (1) Anything which is in the process of being done by the National Information Governance Board for Health
p.000442: and Social Care under an enactment immediately before abolition may be continued by the Secretary of State.
p.000442: (2) Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to
p.000442: have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose—
p.000442: (a) if abolition is to occur at a time other than immediately after the end of a reporting year within the meaning
p.000442: of that section, the period that begins with the 1 April before abolition and ends with abolition is to be treated as a
p.000442: reporting year for the purposes of that section, and
p.000442: (b) the duty under subsection (1)(a) of that section must be discharged by the Secretary of State.
...
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p.000091: (3) “Health care” means all forms of health care provided for individuals, whether relating to physical or mental
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
p.000091: it does not matter if a health care service is also an adult social care service (as to which, see section 65).
p.000091: (4) “The NHS” means the comprehensive health service continued under section 1(1) of the National Health
p.000091: Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
...
p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
p.000240: who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000240: similar circumstances, are in need of such care or other assistance.
p.000240:
p.000240: Functions: quality standards
p.000240:
p.000240: 234 Quality standards
p.000240: (1) The relevant commissioner may direct NICE to prepare statements of standards in relation to
p.000240: the provision of—
p.000240: (a) NHS services,
p.000240: (b) public health services, or
p.000240: (c) social care in England.
p.000240: (2) In this Part such a statement is referred to as a “quality standard”.
p.000240: (3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the
p.000240: standard.
p.000240: (4) NICE must keep a quality standard under review and may revise it as it considers appropriate.
p.000240: (5) A quality standard (and any revised standard)—
p.000240: (a) has no effect unless it is endorsed by the relevant commissioner, and
p.000240: (b) must not be published by NICE unless the relevant commissioner so requires.
p.000240: (6) The relevant commissioner may require NICE—
p.000240: (a) to publish the standard (or revised standard) or to disseminate it to persons specified by the
p.000240: relevant commissioner, and
p.000240: (b) to do so in the manner specified by the relevant commissioner.
p.000240: (7) NICE must—
p.000240: (a) establish a procedure for the preparation of quality standards, and
p.000240: (b) consult such persons as it considers appropriate in establishing that procedure.
...
p.000248: CHAPTER 1
p.000248: INFORMATION STANDARDS
p.000248:
p.000248: 250 Powers to publish information standards
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
...
p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
p.000249: 252 The Health and Social Care Information Centre
p.000249: (1) There is to be a body corporate known as the Health and Social Care Information Centre (referred to
p.000249: in this Chapter as “the Information Centre”).
p.000249: (2) Schedule 18 (which makes further provision about the Information Centre) has effect.
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
...
p.000274: 297 Relationships between the health services
p.000274: Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom)
p.000274: has effect.
p.000274:
p.000274: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000274: (1) The National Health Service Commissioning Board or a clinical commissioning group may provide advice or
p.000274: assistance to any public authority in the Isle of Man or Channel Islands.
p.000274: (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to
p.000274: payment, as the Board or (as the case may be) the clinical commissioning group considers appropriate.
p.000274:
p.000274: Supervised community treatment under the Mental Health Act 1983
p.000274:
p.000274: 299 Certificate of consent of community patients to treatment
p.000274: (1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as
p.000274: follows.
p.000274: (2) In section 64C (treatment of adult community patients), after subsection (4) insert—
p.000274: “(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also
p.000274: met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the
p.000274: patient has capacity to consent to the treatment and has consented to it.
p.000274: (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type
p.000274: treatment.”
p.000274:
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: (3) In section 64E (treatment of child community patients), in subsection (7)—
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
p.000275: above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment
p.000275: withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of
p.000275: treatment.
p.000275: (2) Subsection (3) below applies where—
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p.000274: (1) The National Health Service Commissioning Board or a clinical commissioning group may provide advice or
p.000274: assistance to any public authority in the Isle of Man or Channel Islands.
p.000274: (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to
p.000274: payment, as the Board or (as the case may be) the clinical commissioning group considers appropriate.
p.000274:
p.000274: Supervised community treatment under the Mental Health Act 1983
p.000274:
p.000274: 299 Certificate of consent of community patients to treatment
p.000274: (1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as
p.000274: follows.
p.000274: (2) In section 64C (treatment of adult community patients), after subsection (4) insert—
p.000274: “(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also
p.000274: met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the
p.000274: patient has capacity to consent to the treatment and has consented to it.
p.000274: (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type
p.000274: treatment.”
p.000274:
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: (3) In section 64E (treatment of child community patients), in subsection (7)—
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
p.000275: above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment
p.000275: withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of
p.000275: treatment.
p.000275: (2) Subsection (3) below applies where—
p.000275: (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for
p.000275: the purposes of section 64B or 64E above; but
p.000275: (b) before the completion of the treatment, the patient loses capacity or (as the case may be)
...
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343:
p.000344: 344
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit “or a Primary Care Trust” (in both places where it occurs),
p.000344: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000344: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
p.000344: (d) omit “a Strategic Health Authority,”.
p.000344: 53 In section 47 (local authority’s duty to investigate), in subsection (11)—
p.000344: (a) after paragraph (c) insert—
p.000344: “(ca) the National Health Service Commissioning Board;”, and
p.000344: (b) in paragraph (d)—
p.000344: (i) after “any” insert “clinical commissioning group,”, and
p.000344: (ii) omit “, Primary Care Trust”.
p.000344: 54 In section 80 (inspection of children’s homes)—
p.000344: (a) in subsection (1), in paragraph (d) —
p.000344: (i) omit “, Primary Care Trust”, and
p.000344: (ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
...
p.000366: of which is arranged by the National Health Service Commissioning Board or a clinical
p.000366: commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act
p.000366: 2006 or under or by virtue of Parts 4 to 7 of that Act.”
p.000366: 178 In section 9 (supplementary provision about the duty to publish information), in
p.000366: subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
p.000366: 179 In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3)
p.000366: after paragraph (a) insert—
p.000366: “(aa) the National Health Service Commissioning Board;”.
p.000366: Equality Act 2010 (c. 15)
p.000366: 180 The Equality Act 2010 is amended as follows.
p.000366: 181 In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
p.000366: (a) omit paragraph (h), and
p.000366: (b) omit paragraph (i).
p.000366: 182 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that
p.000366: includes entries for bodies whose functions relate to the health service—
p.000366: (a) at the beginning insert—
p.000366: “The National Health Service Commissioning Board.
p.000366: A clinical commissioning group established under section 14D of the National Health Service Act 2006.”,
p.000366: (b) in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
p.000366: (c) omit the entry for a Primary Care Trust, and
p.000366: (d) omit the entry for a Strategic Health Authority.
p.000366: Child Poverty Act 2010 (c. 9)
p.000366: 183 In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
p.000366: (a) after paragraph (e) insert—
p.000366: “(ea) a clinical commissioning group;”,
p.000366: (b) omit paragraph (f), and
p.000366:
p.000366: Health and Social Care Act 2012 (c. 7)
p.000366: Schedule 5 — Part 1: amendments of other enactments
p.000366: (c) omit paragraph (g).
p.000366: Charities Act 2011 (c. 25)
p.000367: 367
p.000367: 184 In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in
p.000367: subsection (7)—
p.000367: (a) omit paragraph (a),
p.000367: (b) omit paragraph (b),
p.000367: (c) before paragraph (c) insert—
p.000367: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,
p.000367: (bc) trustees for the National Health Service Commissioning Board appointed in
p.000367: pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or
p.000367: (bd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that
p.000367: Act,”, and
p.000367: (d) omit paragraph (f).
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367: Interpretation
p.000367: SCHEDULE 6 Section 55(3)
p.000367: PART 1: TRANSITIONAL PROVISION
p.000367: 1 (1) This paragraph applies for the purposes of this Schedule.
p.000367: (2) “The initial period” means the period that—
p.000367: (a) begins with the commencement of section 25, and
p.000367: (b) ends with the day specified by the Secretary of State for the purposes of section 14A of the 2006 Act (as
p.000367: inserted by section 25).
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p.000009: (ii) omit “, by arrangement with any local authority,”,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”,
p.000009: (ii) after “educational establishment” insert “in its area”, and
p.000009: (iii) for “a local authority” substitute “the local authority”, and
p.000009: (c) omit sub-paragraph (3).
p.000009: (5) In paragraph 4—
p.000009: (a) for “A local authority may not make an arrangement” substitute “A local authority may not
p.000009: provide for any medical inspection or treatment”, and
p.000009: (b) for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
p.000009: (6) In paragraph 5—
p.000009: (a) omit sub-paragraph (1)(a) and the word “and” immediately following it,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) omit “local authority or”,
p.000009: (ii) for “the Secretary of State” substitute “a local authority”, and
p.000009:
p.000009: Health and Social Care Act 2012 (c. 7)
p.000011: 11
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (iii) for “him” substitute “it”.
p.000011: (7) In paragraph 7A (weighing and measuring of children)—
p.000011: (a) for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
p.000011: (ii) for “a local authority” substitute “the local authority”.
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
p.000011: (a) in sub-paragraph (1)(a) after “provided” insert “in pursuance of arrangements made”,
p.000011: (b) in sub-paragraph (2) —
p.000011:
...
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
...
p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.
p.000199: (2) The National Health Service Commissioning Board must, in exercising any functions in arranging for the
p.000199: provision of health services in relation to the area of a responsible local authority, have regard to—
p.000199: (a) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical
p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.”
p.000199:
p.000199: Health and Wellbeing Boards: establishment
p.000199:
p.000199: 194 Establishment of Health and Wellbeing Boards
p.000199: (1) A local authority must establish a Health and Wellbeing Board for its area.
p.000199: (2) The Health and Wellbeing Board is to consist of—
p.000199: (a) subject to subsection (4), at least one councillor of the local authority, nominated in accordance with
p.000199: subsection (3),
p.000199:
p.000200: 200
p.000200: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000200: Chapter 2 — Local government
p.000200:
p.000200: (b) the director of adult social services for the local authority,
p.000200: (c) the director of children’s services for the local authority,
p.000200: (d) the director of public health for the local authority,
p.000200: (e) a representative of the Local Healthwatch organisation for the area of the local authority,
p.000200: (f) a representative of each relevant clinical commissioning group, and
p.000200: (g) such other persons, or representatives of such other persons, as the local authority thinks
p.000200: appropriate.
p.000200: (3) A nomination for the purposes of subsection (2)(a) must be made—
p.000200: (a) in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader
p.000200: of the local authority;
p.000200: (b) in any other case, by the local authority.
p.000200: (4) In the case of a local authority operating executive arrangements, the elected mayor or the executive leader
p.000200: of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a
p.000200: member of the Board.
p.000200: (5) The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it
p.000200: on the Health and Wellbeing Board.
p.000200: (6) A relevant clinical commissioning group must appoint a person to represent it on the Health and Wellbeing Board.
...
p.000213: 213
p.000213: (bb) modifying the regulation of the social work profession in England, so far as appears to Her to be
p.000213: necessary or expedient for the purpose of securing or improving the regulation of the profession or the services
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
p.000214: who inspects premises under—
p.000214: (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
p.000214: (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
p.000214: (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
p.000214: (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health
p.000214: and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the
p.000214: meaning of that Part),
p.000214: (m) management of staff mentioned in paragraph (k) or (l),
p.000214: (n) employment at a day centre in England,
p.000214: (o) participation in a course approved by the Health and Care Professions Council under article 15 of
p.000214: the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in
p.000214: England.”
p.000214: (7) After subsection (2ZC) insert—
p.000214: “(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning
p.000214: in that subsection as it has in that section.”
p.000214: (8) After subsection (2ZD) insert—
p.000214: “(2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which
p.000214: subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work
p.000214: profession in England.”
p.000214: (9) After subsection (2ZE) insert—
p.000214: “(2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental
p.000214: Health Act 1983.”
...
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
p.000249: (1) Before publishing an information standard, the Secretary of State or the Board must consult such persons as the
p.000249: Secretary of State or (as the case may be) the Board considers appropriate.
p.000249: (2) For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared
p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
...
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
p.000250: (3) A direction may be given under subsection (1) by the Board only if the Board considers that the information
p.000250: which could be obtained by complying with the direction is information which it is necessary or expedient for the Board
p.000250: to have in relation to its exercise of functions in connection with the provision of NHS services.
p.000250: (4) In this Chapter “NHS services” means services the provision of which is arranged by the Board or a
...
p.000337: (b) omit “, Primary Care Trust” (in each place where it occurs).
p.000337: (5) In subsection (5B)—
p.000337: (a) omit paragraph (za), and
p.000337: (b) omit paragraph (bb).
p.000337: 13 In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
p.000337: (a) after “City of London” insert “or a service for the provision of which the National Health Service
p.000337: Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
...
p.000342: (a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
p.000342: (b) for “that Act” substitute “the National Health Service Act 2006”, and
p.000342: (c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
p.000343: (b) in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State,
p.000343: the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000343: Service Act 2006 or”.
p.000343: 51 In section 27 (co-operation between authorities), in subsection (3)—
p.000343: (a) after paragraph (c) insert—
p.000343: “(ca) the National Health Service Commissioning Board;”, and
p.000343: (b) in paragraph (d)—
p.000343: (i) after “any” insert “clinical commissioning group,”, and
p.000343: (ii) omit “, Primary Care Trust”.
p.000343: 52 In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343:
p.000344: 344
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit “or a Primary Care Trust” (in both places where it occurs),
p.000344: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000344: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
p.000344: (d) omit “a Strategic Health Authority,”.
p.000344: 53 In section 47 (local authority’s duty to investigate), in subsection (11)—
p.000344: (a) after paragraph (c) insert—
p.000344: “(ca) the National Health Service Commissioning Board;”, and
p.000344: (b) in paragraph (d)—
p.000344: (i) after “any” insert “clinical commissioning group,”, and
p.000344: (ii) omit “, Primary Care Trust”.
p.000344: 54 In section 80 (inspection of children’s homes)—
p.000344: (a) in subsection (1), in paragraph (d) —
p.000344: (i) omit “, Primary Care Trust”, and
p.000344: (ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
...
p.000352: 98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful
p.000352: interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute
p.000352: “section 4(3A)(a) of the National Health Service Act 2006”.
p.000352: Freedom of Information Act 2000 (c. 36)
p.000352: 99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
p.000352: (a) omit paragraph 36A,
p.000352: (b) before paragraph 38 insert—
p.000352: “37A The National Health Service Commissioning Board.
p.000352: 37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000352: (c) omit paragraph 39.
p.000352: International Development Act 2002 (c. 1)
p.000352: 100 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of
p.000352: that Act)—
p.000352: (a) before the entry for a Health Board insert—
p.000352: “the National Health Service Commissioning Board a clinical commissioning group”,
p.000352: (b) omit the entry for a Primary Care Trust, and
p.000352: (c) omit the entry for a Strategic Health Authority.
p.000352: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000352: 101 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
p.000352: “(za) there may be a need for the provision to that person of services that may be provided pursuant
p.000352: to arrangements made by a clinical commissioning group under the National Health Service Act 2006
p.000352: (including by virtue of section 7A of that Act),”,
p.000352:
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) in paragraph (a) omit “a Primary Care Trust”, and
p.000352: (c) in the text following paragraph (b)—
p.000353: 353
p.000353: (i) after “notify that” insert “clinical commissioning group,”, and
p.000353: (ii) omit “Primary Care Trust,”.
p.000353: 106 In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
p.000353: (a) before paragraph (d) insert—
p.000353: “(ca) the National Health Service Commissioning Board,”, and
p.000353: (b) in paragraph (d)—
p.000353: (i) omit “, Primary Care Trust”, and
p.000353: (ii) before “(in Wales,” insert “, clinical commissioning group”.
p.000353: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000353: 107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000353: inspector to disclose information to health service bodies), in paragraph (a)—
p.000353: (a) omit sub-paragraph (i),
p.000353: (b) before sub-paragraph (ii) insert—
p.000353: “(ia) the National Health Service Commissioning Board,
...
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
p.000357: (d) omit paragraph (e).
p.000357: 130 In section 12A (establishment of children’s trust boards), after subsection (7) at the end insert
p.000357: “otherwise than by virtue of section 10(4)(da) or (db)”.
p.000357: 131 In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
p.000357: (a) after paragraph (d) insert—
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: Civil Contingencies Act 2004 (c. 36)
p.000357: 132 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
p.000357: (2) In Part 1 (which contains the general list of Category 1 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “4A The National Health Service Commissioning Board.”, and
p.000357: (b) omit paragraph 7.
p.000357: (3) In Part 3 (which contains the general list of Category 2 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “29ZA A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000357: (b) omit paragraph 29A.
p.000357: Mental Capacity Act 2005 (c. 9)
p.000357: 133 The Mental Capacity Act 2005 is amended as follows.
p.000357: 134 In section 35 (appointment of independent mental capacity advocates)—
p.000357: (a) in subsection (1), for “appropriate authority” substitute “responsible authority”,
p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
...
p.000409: 73 In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National
p.000409: Health Service Trust”.
p.000409: Data Protection Act 1998 (c. 29)
p.000409: 74 In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in
p.000409: paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
p.000409: Health Act 1999 (c. 8)
p.000409: 75 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend
p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
p.000410: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000410: 83 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000410: inspector to disclose information to NHS trusts), in paragraphs (a)(ii) and (b)(ii) omit “section 25 of the
p.000410: National Health Service Act 2006 or”.
p.000410: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000410: 84 In section 1(1) of the Community Care (Delayed Discharges etc.) Act 2003 (meaning of “NHS body”), in the
p.000410: definition of “NHS body”, after “a National Health Service trust” insert “(in Wales)”.
p.000410: Finance Act 2003 (c. 14)
p.000410: 85 The Finance Act 2003 is amended as follows.
p.000410: 86 In section 61(3) (bodies that are public authorities for purpose of requirement to
p.000410: comply with planning obligations), under the heading “Health: England and Wales”, in the entry for National
...
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
p.000412: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000412: 102 In section 6(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (duty of care in
p.000412: emergencies), in the definition of “relevant NHS body”, in paragraph (a) omit “NHS trust,”.
p.000412: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000412: 103 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000412: 104 In section 222 (arrangements regarding local involvement networks)—
p.000412: (a) omit subsection (3)(b), and
p.000412: (b) omit subsection (4)(d).
p.000412: 105 In section 224(2) (duties of service-providers to local involvement networks), omit paragraph (a).
...
Social / Incarcerated
Searching for indicator liberty:
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p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
p.000358: (b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and
p.000358: (c) after subsection (6) insert—
p.000358: “(6A) In subsections (1) and (4), “the responsible authority” means—
p.000358: (a) in relation to the provision of the services of independent mental capacity advocates in the
p.000358: area of a local authority in England, that local authority, and
p.000358: (b) in relation to the provision of the services of independent mental capacity advocates in Wales,
p.000358: the Welsh Ministers.
p.000358: (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it
p.000358: does not include the council of a county or county borough in Wales.”
p.000358: 135 In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after
p.000358: “except in” insert “section 35(6A)(a) and”.
p.000358: 136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
p.000358: (2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
p.000358: (a) in paragraph (a) omit “Primary Care Trust,”,
p.000358: (b) in that paragraph omit “Strategic Health Authority,”,
p.000358: (c) after that paragraph insert—
p.000358: “(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special
p.000358: Health Authority has responsibility for its administration, the Secretary of State;”, and
p.000358: (d) in paragraph (b) omit “Primary Care Trust,”.
p.000358: (3) In paragraph 180 (supervisory bodies: hospitals in England)—
p.000358: (a) for sub-paragraph (2) substitute—
p.000358: “(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body
p.000358: are that local authority.”,
p.000358: (b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England
p.000358: and”,
p.000358: (c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
p.000358: (d) after sub-paragraph (4) insert—
p.000358: “(4A) “Local authority” means—
p.000358: (a) the council of a county;
p.000358: (b) the council of a district for which there is no county council;
p.000358: (c) the council of a London borough;
p.000358: (d) the Common Council of the City of London;
p.000358: (e) the Council of the Isles of Scilly.”, and
...
Searching for indicator prison:
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p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
p.000009: 10 Health and Social
...
p.000057: (c) regulations making provision under subsection (3A)(d) may require each person to act as mentioned there.
p.000057: (3D) Regulations making provision under subsection (3A) for the case of an agreement made with two or more persons
p.000057: may make provision as to the effect of a change in the composition of the group of persons involved.
p.000057: (3E) The regulations may require an individual appointed for the purposes of subsection (3A)(b)—
p.000057: (a) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health
p.000057: Service Reform and Health Care Professions Act 2002, and
p.000057: (b) to meet such other conditions as may be prescribed.”
p.000057:
p.000057: Further provision about local authorities’ role in the health service
p.000057:
p.000057: 29 Other health service functions of local authorities under the 2006 Act
p.000057: (1) The National Health Service Act 2006 (c. 41) is amended as follows.
p.000057: (2) In section 111 (dental public health)—
p.000057: (a) in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
p.000057: (b) in subsection (2)—
p.000057: (i) for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
p.000057: (ii) in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
p.000057: (c) after subsection (2) insert—
p.000057: “(3) In this section, “local authority” has the same meaning as in section 2B.”
p.000057: (3) In section 249 (joint working with the prison service) after subsection (4)
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
...
Searching for indicator restricted:
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p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
p.000278: (a) amend, repeal, revoke or otherwise modify any enactment;
p.000278: (b) include transitional, transitory or saving provision in connection with the commencement of provision made by
p.000278: the order.
p.000278: (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made
p.000278: by the order pending the commencement of—
p.000278: (a) another provision of the order,
p.000278:
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 12 — Final provisions
p.000278:
p.000278: (b) a provision of this Act,
p.000278: (c) any other enactment.
p.000279: 279
p.000279: (4) Before making an order under this section that contains provision which would, if included in an
p.000279: Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of
p.000279: State must consult the Scottish Ministers.
p.000279: (5) The power conferred by this section is not restricted by any other provision of this Act.
p.000279: (6) In this section, “enactment” includes—
p.000279: (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000279: (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure
p.000279: of the National Assembly for Wales or Northern Ireland legislation,
p.000279: and references to an enactment include a reference to an enactment passed or made after the passing of this Act.
p.000279:
p.000279: 304 Regulations, orders and directions
p.000279: (1) A power to make regulations under this Act is exercisable by the Secretary of State.
p.000279: (2) Regulations under this Act, and orders by the Secretary of State, the Welsh Ministers or the Privy Council
p.000279: under this Act, must be made by statutory instrument.
p.000279: (3) Subject to subsections (4) to (6), a statutory instrument containing regulations under this Act, or an order by
p.000279: the Secretary of State or the Privy Council under this Act, is subject to annulment in pursuance of a resolution of
p.000279: either House of Parliament.
p.000279: (4) Subsection (3) does not apply to an order under section 306 (commencement).
p.000279: (5) A statutory instrument which contains (whether alone or with other provision) any of the following may not be
p.000279: made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
p.000279: (a) regulations under section 65 (extension of Monitor’s functions to adult social care services);
p.000279: (b) the first regulations under section 83 (licensing requirement: exemption regulations);
p.000279: (c) the first order under section 86 (approval by Secretary of State of licensing criteria);
...
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
p.000345: (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a
p.000345: clinical commissioning group under the National Health Service Act 2006 include references to arrangements
p.000345: so made by virtue of section 7A of that Act.”
p.000345: Local Government and Housing Act 1989 (c. 42)
p.000345: 57 In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in
p.000345: subsection (6), after paragraph (za) insert—
p.000345: “(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.
p.000345: National Health Service and Community Care Act 1990 (c. 19)
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
p.000345: 59 In section 47 (assessment of needs for community care services), in subsection (3)—
p.000345: (a) before paragraph (a) insert—
p.000345: “(za) that there may be a need for the provision to that person, pursuant to arrangements made under
p.000345: the National Health Service Act 2006 by such clinical commissioning group as may be determined in
p.000345: accordance with regulations, of any services (including services that may be provided pursuant to such
p.000345: arrangements by virtue of section 7A of that Act),”,
p.000345: (b) in paragraph (a), omit “Primary Care Trust or”,
p.000345: (c) in that paragraph omit “the National Health Service Act 2006 or”,
p.000345: (d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
p.000345: (e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
p.000345: 60 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
p.000345: (a) omit “Strategic Health Authority,”, and
p.000345: (b) omit “Primary Care Trust,”.
p.000345: 61 In section 60 (removal of crown immunities), in subsection (7)—
p.000345: (a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
p.000345:
p.000346: 346
p.000346: Health and Social Care Act 2012 (c. 7)
...
Social / Marital Status
Searching for indicator single:
(return to top)
p.000065: the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation
p.000065: to the proposal.
p.000065:
p.000065: 66 Health and Social
p.000065: Care Act 2012 (c. 7)
p.000065: Part 1 — The health service in England
p.000065:
p.000065: (3) The proposer may (after any requirements imposed by regulations under subsection (2) have been complied
p.000065: with) modify the proposal.
p.000065: (4) But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to
p.000065: add another area, except in circumstances prescribed in regulations by the Secretary of State.
p.000065: (5) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000065: complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are
p.000065: necessary to implement the proposal.
p.000065: (6) The Secretary of State may by regulations make provision—
p.000065: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000065: (5);
p.000065: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000065: or (5).
p.000065: 88F Decision-making procedure: exercise of functions by committee
p.000065: (1) This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5)
p.000065: (“the fluoridation functions”) except where the proposer is a single local authority and either—
p.000065: (a) no other local authorities are affected by the proposal, or
p.000065: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000065: participate in the exercise of the fluoridation functions.
p.000065: (2) The local authorities affected by the proposal must—
p.000065: (a) arrange for an existing joint committee of the authorities to exercise the fluoridation functions,
p.000065: (b) establish a joint committee of the authorities for that purpose, or
p.000065: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000065: Social Care Act 2012 to exercise the fluoridation functions.
p.000065: (3) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000065: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000065: sub-committee of the Boards to exercise the fluoridation functions.
p.000065: (4) The Secretary of State may by regulations make provision—
p.000065: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000065: prescribed conditions as to its membership;
p.000065: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000065: as to qualification and disqualification for membership and the holding and vacating of office as a member);
p.000065: (c) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with
p.000065: subsection (3);
...
p.000069: instrument in writing.
p.000069: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000069: prescribed circumstances.
p.000069: (5) The proposer of a variation proposal may (after any requirements imposed by regulations under
p.000069: subsection (2) have been complied with) modify the proposal.
p.000069: (6) But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be
p.000069: modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the
p.000069: proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a
p.000069: further extension of it.
p.000069: (7) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000069: complied with) decide whether to request the Secretary of State to request the water undertaker to vary the
p.000069: arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the
p.000069: arrangements.
p.000069: (8) The Secretary of State may by regulations may make provision—
p.000069: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000069: (7);
p.000069: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000069: or (7).
p.000069: 88M Decision-making procedure: exercise of functions by committee
p.000069: (1) This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7) (“the
p.000069: relevant functions”) except where the proposer is a single local authority and either—
p.000069: (a) no other local authorities are affected by the proposal, or
p.000069: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000069: participate in the exercise of the functions.
p.000069: (2) The local authorities affected by the proposal must—
p.000069: (a) arrange for an existing joint committee of the authorities to exercise the relevant functions,
p.000069: (b) establish a joint committee of the authorities for that purpose, or
p.000069: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000069: Social Care Act 2012 to exercise the relevant functions.
p.000069: (3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069:
p.000069: Health and Social Care Act 2012 (c. 7)
p.000071: 71
p.000071: Part 1 — The health service in England
p.000071:
p.000071: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000071: prescribed circumstances.
p.000071: (5) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000071: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000071: sub-committee of the Boards to exercise the relevant functions.
p.000071: (6) The Secretary of State may by regulations make provision—
p.000071: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000071: prescribed conditions as to its membership;
...
p.000125: (12) The national tariff has effect for such period as is specified in the national tariff (or, where a new edition
p.000125: of the national tariff takes effect before the end of that period, until that new edition takes effect).
p.000125: (13) In exercising its functions under this Chapter, Monitor must (in addition to the matters specified in section
p.000125: 66) have regard to the objectives and requirements for the time being specified in the mandate published under section
p.000125: 13A of the National Health Service Act 2006.
p.000125:
p.000125: 117 The national tariff: further provision
p.000125: (1) The ways in which a health care service may be specified in the national tariff under section 116(1)(a), or in
p.000125: rules provided for in the national tariff under section 116(4)(b), include in particular—
p.000125: (a) specifying it by reference to its components,
p.000125: (b) specifying it as a service (a “bundle”) that comprises two or more health care services which together
p.000125: constitute a form of treatment,
p.000125: (c) specifying it as a service in a group of standardised services.
p.000125: (2) In the case of a service specified in the national tariff under section 116(1)(a), the national tariff must—
p.000125: (a) if the service is specified in accordance with subsection (1)(a), specify a national price for each component of
p.000125: the service;
p.000125:
p.000126: 126
p.000126: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000126: Chapter 4 — Pricing
p.000126:
p.000126: (b) if it is specified in accordance with subsection (1)(b), specify a national price for the bundle;
p.000126: (c) if it is specified in accordance with subsection (1)(c), specify a single price as the national price for each
p.000126: service in the group.
p.000126: (3) In the case of a service specified in rules provided for in the national tariff under section
p.000126: 116(4)(b), the rules may—
p.000126: (a) if the service is specified in accordance with subsection (1)(a), make provision for determining the
p.000126: price payable for each component of the service;
p.000126: (b) if it is specified in accordance with subsection (1)(b), make provision for determining the price payable for
p.000126: the bundle;
p.000126: (c) if it is specified in accordance with subsection (1)(c), make provision for determining the price payable for
p.000126: each service in the group.
p.000126: (4) Where the commissioner of a health care service for the purposes of the NHS agrees to pay a price for the
p.000126: provision of the service other than the price that is payable by virtue of this Chapter, Monitor may direct the
p.000126: commissioner to take such steps within such period as Monitor may specify to secure that the position is,
p.000126: so far as practicable, restored to what it would have been if the commissioner had agreed to pay the price payable by
p.000126: virtue of this Chapter.
p.000126: (5) Where the commissioner of a health care service fails to comply with rules provided for under
p.000126: section 116(2), (4) or (6), Monitor may direct the commissioner to take such steps within such period
p.000126: as Monitor may specify—
p.000126: (a) to secure that the failure does not continue or recur;
p.000126: (b) to secure that the position is, so far as practicable, restored to what it would have been if the failure was
p.000126: not occurring or had not occurred.
p.000126:
p.000126: 118 Consultation on proposals for the national tariff
...
p.000268: (5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the
p.000268: Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000268: direction under that Act.
p.000268:
p.000268: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000269: 269
p.000269:
p.000269: (5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of
p.000269: the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000269: direction under that Act.”
p.000269: (4) After subsection (6) insert— “(7) In subsection (4A)—
p.000269: “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health
p.000269: Service Act 2006;
p.000269: “local authority” has the same meaning as in section 2B of that Act of 2006.”
p.000269:
p.000269: Duties to co-operate
p.000269:
p.000269: 288 Monitor: duty to co-operate with Care Quality Commission
p.000269: (1) Monitor must co-operate with the Care Quality Commission in the exercise of their respective functions.
p.000269: (2) In particular Monitor must—
p.000269: (a) give the Commission any information Monitor has about the provision of health care services which Monitor
p.000269: or the Commission considers would assist the Commission in the exercise of its functions,
p.000269: (b) make arrangements with the Commission to ensure that—
p.000269: (i) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social
p.000269: Care Act 2008 may do so by way of a single application form,
p.000269: (ii) such a person is granted a licence under that Chapter and registration under that Act by way of a
p.000269: single document, and
p.000269: (c) seek to secure that the conditions included in a licence under that Chapter in a case within
p.000269: paragraph (b) are consistent with any conditions on the person’s registration under that Act.
p.000269: (3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the Commission with any material
p.000269: relevant to the exercise of Monitor’s functions pursuant to section 73(2), so far as the material relates to the
p.000269: provision of health care services.
p.000269: (4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to
p.000269: registration under Chapter 2 of Part 1 of that Act.
p.000269:
p.000269: 289 Care Quality Commission: duty to co-operate with Monitor
p.000269: (1) Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent
p.000269: Regulator of NHS foundation trusts) is amended as follows.
p.000269: (2) For subsection (1) substitute—
p.000269: “(1) The Commission must co-operate with Monitor in the exercise of their respective functions.”
p.000269:
p.000270: 270
p.000270:
p.000270: (3) For subsection (2) substitute—
p.000270: “(2) In particular the Commission must—
p.000270: Health and Social Care Act 2012 (c. 7)
p.000270: Part 11 — Miscellaneous
p.000270: (a) give Monitor any information the Commission has about the provision of health care which the
p.000270: Commission or Monitor considers would assist Monitor in the exercise of its functions,
p.000270: (b) make arrangements with Monitor to ensure that—
p.000270: (i) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act
p.000270: 2012 may do so by way of a single application form, and
p.000270: (ii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of
p.000270: a single document, and
p.000270: (c) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are
p.000270: consistent with the conditions included in the person’s licence under that Act.”
p.000270: (4) In subsection (3)—
p.000270: (a) for “Independent Regulator” substitute “Monitor”, and
p.000270: (b) for “an NHS foundation trust” substitute “a person who holds a licence under the Health and Social Care Act
p.000270: 2012”.
p.000270: (5) After that subsection insert—
p.000270: “(4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence
p.000270: under Chapter 3 of Part 3 of that Act.”
p.000270: (6) In the heading of that section, for “Independent Regulator of NHS Foundation Trusts” substitute “Monitor”.
p.000270:
p.000270: 290 Other duties to co-operate
p.000270: (1) Monitor and each relevant body must co-operate with each other in the exercise of their respective
p.000270: functions.
p.000270: (2) The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their
p.000270: respective functions.
p.000270: (3) The relevant bodies are—
p.000270: (a) the National Health Service Commissioning Board,
p.000270: (b) the National Institute for Health and Care Excellence,
p.000270: (c) the Health and Social Care Information Centre, and
p.000270: (d) Special Health Authorities which have functions that are exercisable in relation to England.
p.000270: (4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that
p.000270: has functions relating to health.
p.000270: (5) Where Monitor or the Care Quality Commission regulates an activity of a relevant body, the duty
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.000031: in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary
p.000031: medical services in respect of each of those arrangements.
p.000031: (6) Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection
p.000031: (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical
p.000031: services (and the individuals are not to be so treated).
p.000031: (7) Where two or more individuals are parties to an arrangement mentioned in subsection (4) but
p.000031: are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a
p.000031: provider of primary medical services (and the individuals are not to be so treated).
p.000031: 14B Applications for the establishment of clinical commissioning groups
p.000031: (1) An application for the establishment of a clinical commissioning group may be made to the Board.
p.000031:
p.000031: 32 Health and Social
p.000031: Care Act 2012 (c. 7)
p.000031: Part 1 — The health service in England
p.000031:
p.000031: (2) The application may be made by any two or more persons each of whom—
p.000031: (a) is or wishes to be a provider of primary medical services, and
p.000031: (b) wishes to be a member of the clinical commissioning group.
p.000031: (3) The application must be accompanied by—
p.000031: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000031: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see
p.000031: paragraph 12 of Schedule 1A), and
p.000031: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000031: (4) At any time before the Board determines the application—
p.000031: (a) a person who is or wishes to be a provider of primary medical services (and wishes to be a member
p.000031: of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the
p.000031: existing applicants;
p.000031: (b) any of the applicants may withdraw.
p.000031: (5) At any time before the Board determines the application, the applicants may modify the proposed constitution
p.000031: with the agreement of the Board.
p.000031: (6) Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.
p.000031: 14C Determination of applications
p.000031: (1) The Board must grant an application under section 14B if it is satisfied as to the following matters.
p.000031: (2) Those matters are—
p.000031: (a) that the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,
p.000031: (b) that each of the members specified in the constitution will be a provider of primary medical services on
p.000031: the date the clinical commissioning group is established,
p.000031: (c) that the area specified in the constitution is appropriate,
p.000031: (d) that it would be appropriate for the Board to appoint, as the accountable officer of the group, the
p.000031: person named by the group under section 14B(3)(b),
p.000031: (e) that the applicants have made appropriate arrangements to ensure that the clinical commissioning
p.000031: group will be able to discharge its functions,
p.000031: (f) that the applicants have made appropriate arrangements to ensure that the group will have a
p.000031: governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, and
p.000031: (g) such other matters as may be prescribed.
p.000031: (3) Regulations may make provision—
p.000031:
p.000031: Health and Social Care Act 2012 (c. 7)
p.000033: 33
p.000033: Part 1 — The health service in England
p.000033:
p.000033: (a) as to factors which the Board must or may take into account in deciding whether it is satisfied as to the
p.000033: matters mentioned in subsection (2);
p.000033: (b) as to the procedure for the making and determination of applications under section 14B.
p.000033: 14D Effect of grant of application
p.000033: (1) If the Board grants an application under section 14B—
p.000033: (a) a clinical commissioning group is established, and
p.000033: (b) the proposed constitution has effect as the clinical commissioning group’s constitution.
p.000033: (2) Part 2 of Schedule 1A makes further provision about clinical commissioning groups.
p.000033:
p.000033: Variation of constitution
p.000033: 14E Applications for variation of constitution
p.000033: (1) A clinical commissioning group may apply to the Board to vary its constitution (including doing so
p.000033: by varying its area or its list of members).
p.000033: (2) If the Board grants the application, the constitution of the clinical commissioning group has effect
p.000033: subject to the variation.
...
p.000033: (a) add any person who is a provider of primary medical services to the list of members specified in the
p.000033: constitution of a clinical commissioning group;
p.000033: (b) remove any person from such a list.
p.000033: (3) The power conferred by subsection (1) or (2) is exercisable if—
p.000033: (a) the clinical commissioning group consents to the variation, or
p.000033: (b) the Board considers that the variation is necessary for the purpose of discharging any of its duties
p.000033: under section 14A.
p.000033: (4) Before varying the constitution of a clinical commissioning group under subsection (1) or (2), the Board
p.000033: must consult—
p.000033: (a) that group, and
p.000033: (b) any other clinical commissioning group that the Board thinks might be affected by the variation.
p.000033:
p.000034: 34
p.000034:
p.000034: (5) Regulations may—
p.000034: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000034: (a) confer powers on the Board to vary the constitution of a clinical commissioning group;
p.000034: (b) make provision as to the circumstances in which those powers are exercisable and the procedure to be followed
p.000034: before they are exercised.
p.000034:
p.000034: Mergers, dissolution etc.
p.000034: 14G Mergers
p.000034: (1) Two or more clinical commissioning groups may apply to the Board for—
p.000034: (a) those groups to be dissolved, and
p.000034: (b) another clinical commissioning group to be established under this section.
p.000034: (2) An application under this section must be accompanied by—
p.000034: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000034: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer, and
p.000034: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000034: (3) The applicants may, with the agreement of the Board, modify the application or the proposed
p.000034: constitution at any time before the Board determines the application.
p.000034: (4) Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an
p.000034: application under section 14B.
p.000034: 14H Dissolution
p.000034: (1) A clinical commissioning group may apply to the Board for the group to be dissolved.
p.000034: (2) Regulations may make provision—
p.000034: (a) as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this
p.000034: section;
p.000034: (b) as to factors which the Board must or may take into account in determining whether to grant such applications;
p.000034: (c) as to the procedure for the making and determination of such applications.
p.000034:
p.000034: Supplemental provision about applications, variation, mergers etc.
p.000034: 14I Transfers in connection with variation, merger, dissolution etc.
p.000034: (1) The Board may make a property transfer scheme or a staff transfer scheme in connection with—
p.000034: (a) the variation of the constitution of a clinical commissioning group under section 14E or 14F, or
p.000034: (b) the dissolution of a clinical commissioning group under section 14G or 14H.
p.000034:
p.000034: Health and Social Care Act 2012 (c. 7)
p.000035: 35
p.000035: Part 1 — The health service in England
p.000035:
...
p.000035: accordance with the regulations, prescribed information relating to determinations made under subsection
p.000035: (3)(a) or (b).
p.000035: (7) The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a)
p.000035: or (b).
p.000035: 14M Audit and remuneration committees of governing bodies
p.000035: (1) The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.
p.000035: (2) The audit committee has—
p.000035: (a) such functions in relation to the financial duties of the clinical commissioning group as the governing
p.000035: body considers appropriate for the purpose of assisting it in discharging its function under section
p.000035: 14L(2), and
p.000035: (b) such other functions connected with the governing body’s function under section 14L(2) as may be
p.000035: specified in the group’s constitution or by regulations.
p.000035: (3) The remuneration committee has—
p.000035: (a) the function of making recommendations to the governing body as to the discharge of its functions under
p.000035: section 14L(3)(a) and (b), and
p.000035: (b) such other functions connected with the governing body’s function under section 14L(2) as may be
p.000035: specified in the group’s constitution or by regulations.
p.000035: 14N Regulations as to governing bodies of clinical commissioning groups
p.000035: (1) Regulations may make provision specifying the minimum number of members of governing bodies of clinical
p.000035: commissioning groups.
p.000035: (2) Regulations may—
p.000035: (a) provide that the members of governing bodies must include the accountable officer of the clinical commissioning
p.000035: group;
p.000035: (b) provide that the members of governing bodies, or their audit or remuneration committees, must include—
p.000035: (i) individuals who are health care professionals of a prescribed description;
p.000035: (ii) individuals who are lay persons;
p.000035: (iii) individuals of any other description which is prescribed;
p.000035:
p.000035: Health and Social Care Act 2012 (c. 7)
p.000037: 37
p.000037: Part 1 — The health service in England
p.000037:
p.000037: (c) in relation to any description of individuals mentioned in regulations by virtue of paragraph (b),
p.000037: specify—
p.000037: (i) the minimum number of individuals of that description who must be appointed;
p.000037: (ii) the maximum number of such individuals who may be appointed;
p.000037: (d) provide that the descriptions specified for the purposes of section 14L(4)(c) may not include prescribed
p.000037: descriptions.
p.000037: (3) Regulations may make provision as to—
p.000037: (a) qualification and disqualification for membership of governing bodies or their audit or remuneration committees;
p.000037: (b) how members are to be appointed;
p.000037: (c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or
p.000037: suspended from office);
p.000037: (d) eligibility for re-appointment.
p.000037: (4) Regulations may make provision for the appointment of chairs and deputy chairs of governing bodies
p.000037: or their audit or remuneration committees, including provision as to—
p.000037: (a) qualification and disqualification for appointment;
p.000037: (b) tenure of office (including the circumstances in which the chair or deputy chair ceases to hold office or
p.000037: may be removed or suspended from office);
...
p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
p.000049: (b) the accountable officer of the group,
p.000049: to cease to perform any functions for such period or periods as may be specified in the direction.
p.000049: (4) The Board may—
p.000049: (a) terminate the appointment of the clinical commissioning group’s accountable officer, and
p.000049: (b) appoint another person to be its accountable officer.
p.000049: (5) Paragraph 12(4) of Schedule 1A does not apply to an appointment under subsection (4)(b).
p.000049: (6) The Board may vary the constitution of the clinical commissioning group, including doing so by—
p.000049:
p.000050: 50
p.000050:
p.000050: (a) varying its area,
p.000050: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000050: (b) adding any person who is a provider of primary medical services to the list of members, or
p.000050: (c) removing any person from that list.
p.000050: (7) The Board may dissolve the clinical commissioning group.
p.000050: (8) Where a direction is given under subsection (3) the Board may—
p.000050: (a) exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning
p.000050: group or (as the case may be) the accountable officer;
p.000050: (b) direct another clinical commissioning group or (as the case may be) the accountable officer of another
p.000050: clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the
p.000050: accountable officer, in such manner and within such period or periods as may be specified in the directions.
p.000050: (9) A clinical commissioning group to which a direction is given under subsection (3) must—
p.000050: (a) where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board,
p.000050: and
p.000050: (b) where a direction is given under subsection (8)(b) to another clinical commissioning group or to
p.000050: the accountable officer of another clinical commissioning group, co-operate with the other group or (as the
p.000050: case may be) the accountable officer.
p.000050: (10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning
p.000050: group to which it is proposing to give the direction.
p.000050: (11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property
p.000050: transfer scheme or a staff transfer scheme.
p.000050: (12) In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in
p.000050: section 14I.
p.000050: (13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under
p.000050: subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme
p.000050: under section 14I(1).
p.000050: (14) For the purposes of this section—
p.000050: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000050: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000050: considers to be the interests of the health service.
p.000050:
p.000050: Procedural requirements in connection with certain powers
p.000050: 14Z22 Procedural requirements in connection with certain powers
p.000050: (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must
p.000050: consult the following persons—
p.000050:
p.000050: Health and Social Care Act 2012 (c. 7)
p.000051: 51
p.000051: Part 1 — The health service in England
p.000051:
p.000051: (a) the clinical commissioning group,
p.000051: (b) relevant local authorities, and
...
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
p.000059: (5) A local authority may terminate the appointment of its director of public health.
p.000059: (6) Before terminating the appointment of its director of public health, a local authority must consult the
p.000059: Secretary of State.
p.000059:
p.000059: 60 Health and Social
p.000059: Care Act 2012 (c. 7)
p.000059: Part 1 — The health service in England
p.000059:
...
p.000134:
p.000134: (a) what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
p.000134: (b) where the matter was determined by arbitration, what was determined.
p.000134: (2) Monitor must send a notice to—
p.000134: (a) each clinical commissioning group,
p.000134: (b) each relevant provider, and
p.000134: (c) such other persons as Monitor considers appropriate.
p.000134: (3) Monitor must also publish the notice.
p.000134: (4) The notice must specify—
p.000134: (a) the information that does not accord with what was agreed or determined,
p.000134: (b) the correction required to make the information so accord, and
p.000134: (c) the date on which the correction is to take effect.
p.000134: (5) A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
p.000134: (6) In this section, “relevant provider” has the meaning given in section 118(14).
p.000134:
p.000134: CHAPTER 5
p.000134: HEALTH SPECIAL ADMINISTRATION
p.000134:
p.000134: 128 Health special administration orders
p.000134: (1) In this Chapter “health special administration order” means an order which—
p.000134: (a) is made by the court in relation to a relevant provider, and
p.000134: (b) directs that the affairs, business and property of the provider are to be managed by one or more persons
p.000134: appointed by the court.
p.000134: (2) An application to the court for a health special administration order may be made only by Monitor.
p.000134: (3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health
p.000134: special administrator”.
p.000134: (4) A health special administrator of a company—
p.000134: (a) is an officer of the court, and
p.000134: (b) in exercising functions in relation to the company, is the company’s agent.
p.000134: (5) A person is not to be the health special administrator of a company unless the person is qualified to act
p.000134: as an insolvency practitioner in relation to the company.
p.000134: (6) A health special administrator of a relevant provider must manage its affairs, business and property, and
p.000134: exercise the health special administrator’s functions, so as to—
p.000134: (a) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
p.000134: (b) in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services
p.000134: provided by the provider is carried on in accordance with any requirements or conditions imposed in
p.000134:
p.000134: Health and Social Care Act 2012 (c. 7)
p.000134: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000135: 135
p.000135:
p.000135: respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
p.000135: (c) so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the
p.000135: provider as a whole, and
p.000135: (d) so far as is consistent with that objective and subject to those interests, protect the interests of the members
p.000135: of the provider as a whole.
p.000135: (7) In relation to a health special administration order applying to a non-GB company, references in this
...
p.000193: provisions: consultation requirements), in subsection (8), for subsection (e) substitute—
p.000193: “(e) a Local Healthwatch organisation;”.
p.000193: (6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have
p.000193: regard)—
p.000193: (a) in subsection (1)(c)—
p.000193: (i) for “local involvement networks” substitute “Local Healthwatch organisations or Local
p.000193: Healthwatch contractors”, and
p.000193: (ii) omit “in their areas”; and
p.000193: (b) for subsection (3) substitute—
p.000193: “(3) In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the
p.000193: Local Government and Public Involvement in Health Act 2007.”
p.000193:
p.000193: CHAPTER 2
p.000193: LOCAL GOVERNMENT
p.000193:
p.000193: Scrutiny functions of local authorities
p.000193:
p.000193: 190 Scrutiny functions of local authorities
p.000193: (1) Section 244 of the National Health Service Act 2006 is amended as follows.
p.000193: (2) In subsection (2)—
p.000193: (a) omit “an overview and scrutiny committee of”,
p.000193: (b) for “the committee” (in each place where it occurs) substitute “the authority”,
p.000193: (c) for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant
p.000193: health service providers”,
p.000193: (d) for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or
p.000193: relevant health service provider”,
p.000193: (e) omit the words in brackets in paragraph (c), and
p.000193: (f) in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant
p.000193: NHS body, or a relevant health
p.000193:
p.000194: 194
p.000194: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000194: Chapter 2 — Local government
p.000194:
p.000194: service provider or member or employee of a relevant health service provider,”.
p.000194: (3) After subsection (2) insert—
p.000194: “(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant
p.000194: NHS bodies or relevant health service providers must consult the authority, the regulations may also make
p.000194: provision—
p.000194: (a) as to circumstances in which the authority may refer any of those matters to the Secretary of
p.000194: State, the regulator or the Board;
p.000194: (b) conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to
p.000194: the Secretary of State by virtue of regulations under paragraph (a);
p.000194: (c) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so
p.000194: referred;
p.000194: (d) conferring powers on the Board to give directions to a clinical commissioning group in relation to a
p.000194: matter referred to the Board by virtue of regulations under paragraph (a);
p.000194: (e) conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by
p.000194: virtue of regulations under paragraph (c) or (d).
p.000194: (2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to
p.000194: require the person to whom the direction is given—
...
p.000288: (2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the
p.000288: appointment of any member.
p.000288:
p.000288: Health and Social Care Act 2012 (c. 7)
p.000288: Schedule 1 — The National Health Service Commissioning Board
p.000288: Exercise of functions
p.000289: 289
p.000289: 13 The Board may arrange for the exercise of any of its functions on its behalf by—
p.000289: (a) any non-executive member,
p.000289: (b) any employee (including any executive member), or
p.000289: (c) a committee or sub-committee.
p.000289: Provision of information to Secretary of State
p.000289: 14 (1) The Secretary of State may require the Board to provide the Secretary of State with such
p.000289: information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary
p.000289: of State in relation to the health service.
p.000289: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000289: may require.
p.000289: Accounts
p.000289: 15 (1) The Board must keep proper accounts and proper records in relation to the accounts.
p.000289: (2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—
p.000289: (a) the content and form of its accounts, and
p.000289: (b) the methods and principles to be applied in the preparation of its accounts.
p.000289: (3) In sub-paragraph (2) the reference to accounts includes a reference to the Board’s consolidated annual
p.000289: accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.
p.000289: (4) The chief executive of the Board is to be its accounting officer.
p.000289: Annual accounts
p.000289: 16 (1) The Board must prepare consolidated annual accounts in respect of each financial year.
p.000289: (2) The consolidated annual accounts must contain—
p.000289: (a) the Board’s annual accounts, and
p.000289: (b) a consolidation of the Board’s annual accounts and the annual accounts of each clinical commissioning
p.000289: group.
p.000289: (3) The Board must send copies of the consolidated annual accounts to—
p.000289: (a) the Secretary of State, and
p.000289: (b) the Comptroller and Auditor General,
p.000289: within such period after the end of the financial year to which the accounts relate as the Secretary of State may
p.000289: direct.
p.000289: (4) The Comptroller and Auditor General must—
p.000289: (a) examine, certify and report on the consolidated annual accounts, and
p.000289:
p.000290: 290
p.000290: Health and Social Care Act 2012 (c. 7)
p.000290: Schedule 1 — The National Health Service Commissioning Board
p.000290:
p.000290: (b) lay copies of the accounts and the report on them before Parliament.
p.000290: (5) In this paragraph, “financial year” includes the period which begins with the day on which the Board is
p.000290: established and ends on the following 31 March.
p.000290: Interim Accounts
p.000290: 17 (1) The Secretary of State may, with the approval of the Treasury, direct the Board to prepare
p.000290: accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
p.000290: (2) The interim accounts in respect of any period must contain—
p.000290: (a) the Board’s accounts in respect of that period, and
p.000290: (b) a consolidation of the Board’s accounts in respect of that period and any accounts of clinical commissioning
p.000290: groups in respect of that period which are prepared by virtue of paragraph 17(3) of Schedule 1A.
...
p.000293: status, privilege or immunity of the Crown.
p.000293: (3) The property of a clinical commissioning group is not to be regarded as property of, or property held on
p.000293: behalf of, the Crown.
p.000293: Staff
p.000293: 11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers
p.000293: appropriate.
p.000293: (2) A clinical commissioning group must—
p.000293: (a) pay its employees remuneration and travelling or other allowances in accordance with determinations made
p.000293: by its governing body under section 14L(3)(a), and
p.000293: (b) employ them on such other terms and conditions as it may determine.
p.000293: (3) A clinical commissioning group may, for or in respect of such of its employees as it may determine,
p.000293: make arrangements for providing pensions, allowances or gratuities.
p.000293: (4) Such arrangements may include the establishment and administration, by the clinical
p.000293: commissioning group or otherwise, of one or more pension schemes.
p.000293: (5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of
p.000293: pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning
p.000293: group’s employees who suffer loss of office or employment or loss or diminution of emoluments.
p.000293: Accountable officer
p.000293: 12 (1) A clinical commissioning group must have an accountable officer.
p.000293: (2) The accountable officer is to be appointed by the Board.
p.000293: (3) The Board may appoint a person to be the accountable officer for more than one clinical commissioning group (and
p.000293: in the following provisions of this paragraph such an appointment is referred to as a “joint appointment”).
p.000293: (4) The accountable officer may be—
p.000293: (a) an individual who is a member of the clinical commissioning group or of any body that is
p.000293: a member of the group or, in the case of a joint appointment, an individual who is a member of any of
p.000293: the groups in
p.000293:
p.000294: 294
p.000294: Health and Social Care Act 2012 (c. 7)
p.000294: Schedule 2 — Clinical commissioning groups
p.000294:
p.000294: question or of any body that is a member of any of those groups, or
p.000294: (b) an employee of the group or of any member of the group or, in the case of a joint appointment, an employee of
p.000294: any of the groups in question or of any member of those groups.
p.000294: (5) If the accountable officer is not an employee of the clinical commissioning group or, in the case of a
p.000294: joint appointment, of any of the groups in question, the group or any of the groups may pay remuneration and
p.000294: travelling or other allowances to the accountable officer in accordance with determinations made by its
p.000294: governing body under section 14L(3)(a).
p.000294: (6) A clinical commissioning group may, for or in respect of its accountable officer, make arrangements for
p.000294: providing pensions, allowances or gratuities.
p.000294: (7) The arrangements that may be made under sub-paragraph (6) include arrangements for the provision of
p.000294: pensions, allowances or gratuities by way of compensation to or in respect of the accountable
p.000294: officer where the officer suffers loss of office or loss or diminution of emoluments.
p.000294: (8) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
p.000294: arrangements that may be made under sub-paragraph (6) include arrangements for the accountable officer to be a
p.000294: member of the scheme.
p.000294: (9) The accountable officer is responsible for ensuring that the clinical commissioning group or, in the case of a
p.000294: joint appointment, each of the groups in question—
p.000294: (a) complies with its obligations under—
p.000294: (i) sections 14Q and 14R,
p.000294: (ii) sections 223H to 223J,
p.000294: (iii) paragraphs 17 to 19 of this Schedule, and
p.000294: (iv) any other provision of this Act specified in a document published by the Board for the purposes of this
p.000294: sub-paragraph, and
p.000294: (b) exercises its functions in a way which provides good value for money.
p.000294: Remuneration etc for members of governing bodies
p.000294: 13 (1) A clinical commissioning group may pay members of its governing body such remuneration
p.000294: and travelling or other allowances as it considers appropriate.
p.000294: (2) A clinical commissioning group may, for or in respect of such members of its governing body as it
p.000294: may determine, make arrangements for providing pensions, allowances or gratuities.
p.000294: (3) Such arrangements may include the establishment and administration, by the clinical
p.000294: commissioning group or otherwise, of one or more pension schemes.
p.000294:
p.000294: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000295: 295
p.000295: (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of
p.000295: pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body
p.000295: who suffer loss or diminution of emoluments.
p.000295: (5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
...
p.000309: the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge
p.000309: their functions relating to social services, education and public health.
p.000309: (9) The Board or a clinical commissioning group may arrange to make available to local authorities the services
p.000309: of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the
p.000309: clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to
p.000309: discharge their functions relating to social services, education and public health.
p.000309: (10) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical
p.000309: commissioning group includes a reference to arrangements so made by virtue of section 7A.”
p.000309: (11) In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
p.000309: (12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as
p.000309: inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care
p.000309: Trusts”.
p.000309:
p.000310: 310
p.000310: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000310: Part 3 — Local authorities
p.000310: 29 (1) Section 81 (conditions of supply under section 80) is amended as follows.
p.000310: (2) In subsection (1)—
p.000310: (a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer
p.000310: available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
p.000310: (b) in paragraph (a) for “the Secretary of State” substitute “the person”, and
p.000310: (c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the
p.000310: officer’s employer,”.
p.000310: (3) In subsection (2)—
p.000310: (a) for “The Secretary of State” substitute “The person concerned”, and
p.000310: (b) for “he” substitute “it”.
p.000310: (4) In subsection (3)—
p.000310: (a) omit “Strategic Health Authorities,”, and
p.000310: (b) omit “Primary Care Trusts,”.
p.000310: (5) In subsection (4) for “the Secretary of State” substitute “the person who makes the services
p.000310: available”.
p.000310: (6) In subsection (5) —
p.000310: (a) for the words from the beginning to “section 80(6)” substitute “A person who makes services or
p.000310: facilities available under section 80(6) or (6A) may make such charges in respect of them”, and
p.000310: (b) for “the Secretary of State” substitute “the person”.
p.000310: PART 4 MEDICAL SERVICES
p.000310: 30 (1) Section 83 (duty relating to primary medical services) is amended as follows.
p.000310: (2) For subsections (1) and (2) substitute—
p.000310: “(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its
p.000310: powers so as to secure the provision of primary medical services throughout England.
p.000310: (2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of
p.000310: primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any
p.000310: person.
p.000310: (2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance
p.000310: of a service outside England.”
p.000310: (3) In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”.
p.000310: (4) Omit subsection (4).
p.000310: (5) For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical
p.000310: services”.
...
p.000334: National Assistance Act 1948 (c. 29)
p.000334: 2 The National Assistance Act 1948 is amended as follows.
p.000334: 3 (1) Section 24 (local authority’s liability for provision of accommodation) is amended as follows.
p.000334: (2) In subsections (6A) and (6B)—
p.000334: (a) after “by a” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334: (3) After subsection (6B), insert—
p.000334: “(6C) The references in subsections (6A) and (6B) to a clinical commissioning group
p.000334: are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983,
p.000334: to be read as references to the National Health Service Commissioning Board.”
p.000334: 4 In section 26 (provision of accommodation in premises maintained by voluntary organisations), in
p.000334: subsection (1C)—
p.000334: (a) after “such” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334:
p.000334: Health and Social Care Act 2012 (c. 7)
p.000334: Schedule 5 — Part 1: amendments of other enactments
p.000334: Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
p.000335: 335
p.000335: 5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
p.000335: (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
p.000335: (a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service
p.000335: Commissioning Board, a clinical commissioning group,”,
p.000335: (b) in that column, omit “a Strategic Health Authority,”,
p.000335: (c) in the second column (headed “paying authority”), after “The” insert “National Health Service
p.000335: Commissioning Board, clinical commissioning group,”, and
p.000335: (d) in that column, omit “Strategic Health Authority,”.
p.000335: Public Records Act 1958 (c. 51)
p.000335: 6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in
p.000335: paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
p.000335: (a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical
p.000335: commissioning groups,”,
p.000335: (b) after “records of trust property passing to” insert “the National Health Service Commissioning
p.000335: Board, a clinical commissioning group,”,
p.000335: (c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or
p.000335: section 300 of the Health and Social Care Act 2012”,
p.000335: (d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
p.000335: and
p.000335: (e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or
p.000335: paragraph 20 of Schedule 1A to, that Act, or under”.
p.000335: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
...
p.000415: substitute “the Council”, and
p.000415: (d) in paragraph (c), for “the authority” substitute “the Council”.
p.000415: 33 (1) Paragraph 7 (remuneration and allowances) is amended as follows.
p.000415: (2) In sub-paragraph (1)—
p.000415: (a) for “An authority” substitute “The Welsh Council”,
p.000415:
p.000416: 416
p.000416: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000416: The General Social Care Council
p.000416:
p.000416: (b) for “the authority”, in each place it appears, substitute “the Council”, and
p.000416: (c) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: (3) In sub-paragraph (2)—
p.000416: (a) for “the Secretary of State so determines” substitute “the Welsh Ministers so determine”,
p.000416: (b) for “an authority”, in each place it appears, substitute “the Council”, and
p.000416: (c) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: (4) In sub-paragraph (3)—
p.000416: (a) for “the Secretary of State determines” substitute “the Welsh Ministers determine”,
p.000416: (b) for “an authority” substitute “the Council”,
p.000416: (c) for “the authority” substitute “the Council”, and
p.000416: (d) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: 34 (1) Paragraph 8 (chief officer) is amended as follows.
p.000416: (2) In sub-paragraph (1)—
p.000416: (a) for “each authority” substitute “the Welsh Council”, and
p.000416: (b) for “the authority”, in each place it appears, substitute “the Council”.
p.000416: (3) In sub-paragraph (2), for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”.
p.000416: (4) In sub-paragraph (3), for “the authority” substitute “the Council”.
p.000416: (5) In sub-paragraph (4), for “the Secretary of State” substitute “the Welsh Ministers”.
p.000416: 35 (1) Paragraph 12 (staff) is amended as follows.
p.000416: (2) In sub-paragraph (1), for “An authority” substitute “The Welsh Council”.
p.000416: (3) In sub-paragraph (2)—
p.000416: (a) for “an authority” substitute “the Council”, and
p.000416: (b) for “the authority” substitute “the Council”.
p.000416: (4) In sub-paragraph (3), for “an authority” substitute “the Council”.
p.000416: (5) In sub-paragraph (4)—
p.000416: (a) for “Secretary of State” substitute “Welsh Ministers”,
p.000416: (b) in paragraph (a), for “an authority” substitute “the Council”, and
p.000416: (c) in paragraph (c), for “the authority” substitute “the Council”.
p.000416: 36 (1) Paragraph 13 (delegation of functions) is amended as follows.
p.000416: (2) In sub-paragraph (1)—
...
p.000417: (c) for “he” substitute “they”.
p.000417: (4) In sub-paragraph (3), for “the authority” substitute “the Council”.
p.000417: 41 In paragraph 20 (application of seal)—
p.000417: (a) for “an authority” substitute “the Welsh Council”, and
p.000417: (b) in paragraphs (a) and (b), for “the authority” substitute “the Council”.
p.000417:
p.000418: 418
p.000418: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000418: The General Social Care Council
p.000418: 42 In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
p.000418: 43 For the title to Schedule 1 substitute “The Welsh Council”.
p.000418: Amendments to the Health and Social Care Act 2008 (c. 14)
p.000418: 44 The Health and Social Care Act 2008 is amended as follows.
p.000418: 45 (1) In section 124 (regulation of social care workers)—
p.000418: (a) in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
p.000418: (b) in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
p.000418: (c) in subsection (3), omit the definition of “the appropriate Minister”.
p.000418: (2) For the title to that section substitute “Regulation of social care workers: Wales”.
p.000418: 46 Section 125 (standard of proof in proceedings relating to registration of social care worker)—
p.000418: (a) in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the
p.000418: Care Council for Wales, a committee of the Council or any officer of the Council”, and
p.000418: (b) in subsection (3), omit paragraph (a).
p.000418: 47 (1) Section 126 (education and training of approved mental health professionals) is
p.000418: amended as follows.
p.000418: (2) In subsection (1)—
p.000418: (a) for “appropriate Minister” substitute “Welsh Ministers”, and
p.000418: (b) omit “the General Social Care Council or”.
p.000418: (3) In subsection (4), omit the definition of “the appropriate Minister”.
p.000418: (4) For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
p.000418: 48 In section 171(4) (provisions which Welsh Ministers have power to commence), before
p.000418: paragraph (a) insert—
p.000418: “(za) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and
p.000418: training of approved mental health professionals: Wales),”.
p.000418: 49 (1) Schedule 9 (regulation of social care workers) is amended as follows.
p.000418: (2) In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
p.000418: ““the Council” means the Care Council for Wales.”
p.000418: (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for
p.000418: “the appropriate Council” substitute “the Council”.
p.000418: (4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
...
Searching for indicator police:
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p.000047: (b) that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its
p.000047: functions.
p.000047: (2) For the purposes of this section—
p.000047: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000047: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000047: considers to be the interests of the health service.
p.000047: 14Z18 Power to require documents and information etc.
p.000047: (1) Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board
p.000047: any information, documents, records or other items that the Board considers it necessary or
p.000047: expedient to have for the purposes of any of its functions in relation to the clinical commissioning group.
p.000047: (2) The persons mentioned in this subsection are—
p.000047: (a) the clinical commissioning group if it has possession or control of the item in question;
p.000047: (b) any member or employee of the group who has possession or control of the item in question.
p.000047: (3) A person must comply with a requirement imposed under subsection (1).
p.000047: (4) The power conferred by subsection (1) includes power to require that any information, documents or records kept
p.000047: by means of a computer be provided in legible form.
p.000047:
p.000047: Health and Social Care Act 2012 (c. 7)
p.000049: 49
p.000049: Part 1 — The health service in England
p.000049:
p.000049: (5) The power conferred by subsection (1) does not include power to require the provision of personal
p.000049: records.
p.000049: (6) In subsection (5), “personal records” has the meaning given by section 12 of the Police and Criminal Evidence
p.000049: Act 1984.
p.000049: 14Z19 Power to require explanation
p.000049: (1) Where this section applies, the Board may require the clinical commissioning group to provide
p.000049: it with an explanation of any matter which relates to the exercise by the group of any of its functions,
p.000049: including an explanation of how the group is proposing to exercise any of its functions.
p.000049: (2) The Board may require the explanation to be given—
p.000049: (a) orally at such time and place as the Board may specify, or
p.000049: (b) in writing.
p.000049: (3) The clinical commissioning group must comply with a requirement imposed under subsection (1).
p.000049: 14Z20 Use of information
p.000049: Any information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or
p.000049: 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups.
p.000049:
p.000049: Intervention powers
p.000049: 14Z21 Power to give directions, dissolve clinical commissioning groups etc.
p.000049: (1) This section applies if the Board is satisfied that—
p.000049: (a) a clinical commissioning group is failing or has failed to discharge any of its functions, or
p.000049: (b) there is a significant risk that a clinical commissioning group will fail to do so.
p.000049: (2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner
p.000049: and within such period or periods, as may be specified in the direction.
p.000049: (3) The Board may direct—
p.000049: (a) the clinical commissioning group, or
...
p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
p.000211: (6) The imposition of such conditions must be with a view to—
...
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
p.000343: (b) in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State,
p.000343: the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000343: Service Act 2006 or”.
p.000343: 51 In section 27 (co-operation between authorities), in subsection (3)—
p.000343: (a) after paragraph (c) insert—
p.000343: “(ca) the National Health Service Commissioning Board;”, and
p.000343: (b) in paragraph (d)—
...
Social / Property Ownership
Searching for indicator home:
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p.000213: necessary or expedient for the purpose of securing or improving the regulation of the profession or the services
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
...
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
p.000345: (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a
p.000345: clinical commissioning group under the National Health Service Act 2006 include references to arrangements
p.000345: so made by virtue of section 7A of that Act.”
p.000345: Local Government and Housing Act 1989 (c. 42)
p.000345: 57 In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in
p.000345: subsection (6), after paragraph (za) insert—
p.000345: “(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.
p.000345: National Health Service and Community Care Act 1990 (c. 19)
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
...
p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
p.000358: (b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and
p.000358: (c) after subsection (6) insert—
p.000358: “(6A) In subsections (1) and (4), “the responsible authority” means—
p.000358: (a) in relation to the provision of the services of independent mental capacity advocates in the
p.000358: area of a local authority in England, that local authority, and
p.000358: (b) in relation to the provision of the services of independent mental capacity advocates in Wales,
p.000358: the Welsh Ministers.
p.000358: (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it
p.000358: does not include the council of a county or county borough in Wales.”
p.000358: 135 In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after
p.000358: “except in” insert “section 35(6A)(a) and”.
p.000358: 136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
p.000358: (2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
p.000358: (a) in paragraph (a) omit “Primary Care Trust,”,
p.000358: (b) in that paragraph omit “Strategic Health Authority,”,
p.000358: (c) after that paragraph insert—
p.000358: “(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special
p.000358: Health Authority has responsibility for its administration, the Secretary of State;”, and
p.000358: (d) in paragraph (b) omit “Primary Care Trust,”.
p.000358: (3) In paragraph 180 (supervisory bodies: hospitals in England)—
p.000358: (a) for sub-paragraph (2) substitute—
p.000358: “(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body
p.000358: are that local authority.”,
p.000358: (b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England
p.000358: and”,
p.000358: (c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
p.000358: (d) after sub-paragraph (4) insert—
p.000358: “(4A) “Local authority” means—
p.000358: (a) the council of a county;
p.000358: (b) the council of a district for which there is no county council;
p.000358: (c) the council of a London borough;
...
Searching for indicator property:
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p.000002: 282 The NHS Institute for Innovation and Improvement
p.000002: 283 Standing advisory committees
p.000002: PART 11
p.000002: MISCELLANEOUS
p.000002:
p.000002: Information relating to births and deaths etc.
p.000002: 284 Special notices of births and deaths
p.000002: 285 Provision of information by Registrar General
p.000002: 286 Provision of information by Registrar General: Wales
p.000002: 287 Provision of statistical information by Statistics Board
p.000002:
p.000002: Duties to co-operate
p.000002: 288 Monitor: duty to co-operate with Care Quality Commission
p.000002: 289 Care Quality Commission: duty to co-operate with Monitor
p.000002: 290 Other duties to co-operate
p.000002: 291 Breaches of duties to co-operate
p.000002:
p.000002: The Care Quality Commission
p.000002: 292 Requirement for Secretary of State to approve remuneration policy etc.
p.000002: 293 Conduct of reviews etc.
p.000002: 294 Failure to discharge functions
p.000002:
p.000002: Arrangements with devolved authorities etc.
p.000002: 295 Arrangements between the Board and Northern Ireland Ministers
p.000002: 296 Arrangements between the Board and Scottish Ministers etc.
p.000002: 297 Relationships between the health services
p.000002: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000002:
p.000002: xii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Supervised community treatment under the Mental Health Act 1983
p.000002: 299 Certificate of consent of community patients to treatment
p.000002:
p.000002: Transfer schemes
p.000002: 300 Transfer schemes
p.000002: 301 Transfer schemes: supplemental
p.000002: 302 Subsequent property transfer schemes
p.000002: PART 12
p.000002: FINAL PROVISIONS
p.000002: 303 Power to make consequential provision
p.000002: 304 Regulations, orders and directions
p.000002: 305 Financial provision
p.000002: 306 Commencement
p.000002: 307 Commencement: consultation with Scottish Ministers
p.000002: 308 Extent
p.000002: 309 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — The National Health Service Commissioning Board Schedule 2 — Clinical commissioning groups
p.000002: Schedule 3 — Pharmaceutical remuneration
p.000002: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000002: Part 2 — NHS Bodies Part 3 — Local authorities Part 4 — Medical services Part 5 — Dental services
p.000002: Part 6 — Ophthalmic services Part 7 — Pharmaceutical services Part 8 — Charging
p.000002: Part 9 — Fraud etc.
p.000002: Part 10 — Property and finance
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
p.000002: commissioning groups and to make other provision about the National Health Service in England; to make
p.000002: provision about public health in the United Kingdom; to make provision about regulating health
p.000002: and adult social care services; to make provision about public involvement in health and social care
p.000002: matters, scrutiny of health matters by local authorities and co-operation between local authorities and
p.000002: commissioners of health care services; to make provision about regulating health and social care workers;
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
...
p.000023: (2) A pooled fund is a fund—
p.000023: (a) which is made up of contributions by the bodies which established it, and
p.000023: (b) out of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the
p.000023: discharge of any of their commissioning functions.
p.000023: (3) In this section, “commissioning functions” means functions in arranging for the provision of
p.000023: services as part of the health service.
p.000023: 13W Board’s power to generate income, etc.
p.000023: (1) The Board has power to do anything specified in section 7(2) of the Health and Medicines Act 1988
p.000023: (provision of goods, services, etc.) for the purpose of making additional income available for improving the health
p.000023: service.
p.000023: (2) The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any
p.000023: significant extent interfere with the performance by the Board of its functions.
p.000023: 13X Power to make grants etc.
p.000023: (1) The Board may make payments by way of grant or loan to a voluntary organisation which provides or arranges for
p.000023: the provision of services which are similar to the services in respect of which the Board has functions.
p.000023: (2) The payments may be made subject to such terms and conditions as the Board considers appropriate.
p.000023:
p.000023: Health and Social Care Act 2012 (c. 7)
p.000025: 25
p.000025: Part 1 — The health service in England
p.000025: 13Y Board’s incidental powers: further provision
p.000025: The power conferred on the Board by section 2 includes, in particular, power to—
p.000025: (a) enter into agreements,
p.000025: (b) acquire and dispose of property, and
p.000025: (c) accept gifts (including property to be held on trust for the purposes of the Board).
p.000025:
p.000025: Exercise of functions of Board
p.000025: 13Z Exercise of functions
p.000025: (1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed
p.000025: provision of any other Act.
p.000025: (2) The Board may arrange for any such function to be exercised by or jointly with—
p.000025: (a) a Special Health Authority,
p.000025: (b) a clinical commissioning group, or
p.000025: (c) such other body as may be prescribed.
p.000025: (3) Regulations may provide that the power in subsection (2) does not apply in relation to a function of a
p.000025: prescribed description.
p.000025: (4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body,
p.000025: they may be exercised by a joint committee of the Board and the other body.
p.000025: (5) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000025: agreed between the Board and the other party to the arrangements.
p.000025: (6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its
p.000025: functions.
p.000025:
p.000025: Power to confer additional functions
p.000025: 13Z1 Power to confer additional functions on the Board
p.000025: (1) Regulations may provide that the Board is to have such additional functions in relation to the
p.000025: health service as may be specified in the regulations.
p.000025: (2) A function may be specified in regulations under subsection (1) only if the function is connected to another
p.000025: function of the Board.
p.000025:
p.000025: Intervention powers
...
p.000034: 14G Mergers
p.000034: (1) Two or more clinical commissioning groups may apply to the Board for—
p.000034: (a) those groups to be dissolved, and
p.000034: (b) another clinical commissioning group to be established under this section.
p.000034: (2) An application under this section must be accompanied by—
p.000034: (a) a copy of the proposed constitution of the clinical commissioning group,
p.000034: (b) the name of the person whom the group wishes the Board to appoint as its accountable officer, and
p.000034: (c) such other information as the Board may specify in a document published for the purposes of this section.
p.000034: (3) The applicants may, with the agreement of the Board, modify the application or the proposed
p.000034: constitution at any time before the Board determines the application.
p.000034: (4) Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an
p.000034: application under section 14B.
p.000034: 14H Dissolution
p.000034: (1) A clinical commissioning group may apply to the Board for the group to be dissolved.
p.000034: (2) Regulations may make provision—
p.000034: (a) as to the circumstances in which the Board must or may grant, or must or may refuse, applications under this
p.000034: section;
p.000034: (b) as to factors which the Board must or may take into account in determining whether to grant such applications;
p.000034: (c) as to the procedure for the making and determination of such applications.
p.000034:
p.000034: Supplemental provision about applications, variation, mergers etc.
p.000034: 14I Transfers in connection with variation, merger, dissolution etc.
p.000034: (1) The Board may make a property transfer scheme or a staff transfer scheme in connection with—
p.000034: (a) the variation of the constitution of a clinical commissioning group under section 14E or 14F, or
p.000034: (b) the dissolution of a clinical commissioning group under section 14G or 14H.
p.000034:
p.000034: Health and Social Care Act 2012 (c. 7)
p.000035: 35
p.000035: Part 1 — The health service in England
p.000035:
p.000035: (2) A property transfer scheme is a scheme for the transfer from the clinical commissioning group of any property,
p.000035: rights or liabilities, other than rights or liabilities under or in connection with a contract of
p.000035: employment, to the Board or another clinical commissioning group.
p.000035: (3) A staff transfer scheme is a scheme for the transfer from the clinical commissioning group of any rights or
p.000035: liabilities under or in connection with a contract of employment to the Board or another clinical
p.000035: commissioning group.
p.000035: (4) Part 3 of Schedule 1A makes further provision about property transfer schemes and staff transfer schemes.
p.000035: 14J Publication of constitution of clinical commissioning groups
p.000035: (1) A clinical commissioning group must publish its constitution.
p.000035: (2) If the constitution of a clinical commissioning group is varied under section 14E or 14F, the group must publish
p.000035: the constitution as so varied.
p.000035: 14K Guidance about the establishment of clinical commissioning groups etc.
p.000035: The Board may publish guidance as to—
p.000035: (a) the making of applications under section 14B for the establishment of a clinical
p.000035: commissioning group, including guidance on the form, content or publication of the proposed constitution;
p.000035: (b) the making of applications under section 14E, 14G or 14H;
p.000035: (c) the publication of the constitutions of clinical commissioning groups under section 14J.
p.000035:
p.000035: Governing bodies of clinical commissioning groups
p.000035: 14L Governing bodies of clinical commissioning groups
p.000035: (1) A clinical commissioning group must have a governing body.
p.000035: (2) The main function of the governing body is to ensure that the group has made appropriate arrangements for
p.000035: ensuring that it complies with—
p.000035: (a) its obligations under section 14Q, and
p.000035: (b) such generally accepted principles of good governance as are relevant to it.
p.000035: (3) The governing body also has—
p.000035: (a) the function of determining the remuneration, fees and allowances payable to the
p.000035: employees of the clinical commissioning group or to other persons providing services to it,
p.000035: (b) the function of determining the allowances payable under a pension scheme established under paragraph
...
p.000050: (7) The Board may dissolve the clinical commissioning group.
p.000050: (8) Where a direction is given under subsection (3) the Board may—
p.000050: (a) exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning
p.000050: group or (as the case may be) the accountable officer;
p.000050: (b) direct another clinical commissioning group or (as the case may be) the accountable officer of another
p.000050: clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the
p.000050: accountable officer, in such manner and within such period or periods as may be specified in the directions.
p.000050: (9) A clinical commissioning group to which a direction is given under subsection (3) must—
p.000050: (a) where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board,
p.000050: and
p.000050: (b) where a direction is given under subsection (8)(b) to another clinical commissioning group or to
p.000050: the accountable officer of another clinical commissioning group, co-operate with the other group or (as the
p.000050: case may be) the accountable officer.
p.000050: (10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning
p.000050: group to which it is proposing to give the direction.
p.000050: (11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property
p.000050: transfer scheme or a staff transfer scheme.
p.000050: (12) In subsection (11), “property transfer scheme” and “staff transfer scheme” have the same meaning as in
p.000050: section 14I.
p.000050: (13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under
p.000050: subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme
p.000050: under section 14I(1).
p.000050: (14) For the purposes of this section—
p.000050: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000050: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000050: considers to be the interests of the health service.
p.000050:
p.000050: Procedural requirements in connection with certain powers
p.000050: 14Z22 Procedural requirements in connection with certain powers
p.000050: (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must
p.000050: consult the following persons—
p.000050:
p.000050: Health and Social Care Act 2012 (c. 7)
p.000051: 51
p.000051: Part 1 — The health service in England
p.000051:
p.000051: (a) the clinical commissioning group,
p.000051: (b) relevant local authorities, and
p.000051: (c) any other persons the Board considers it appropriate to consult.
p.000051: (2) For that purpose, the Board must provide those persons with a statement—
p.000051: (a) explaining that it is proposing to exercise the power, and
p.000051: (b) giving its reasons for doing so.
p.000051: (3) After consulting those persons (and before exercising the power), the Board must publish a report containing its
p.000051: response to the consultation.
p.000051: (4) If the Board decides to exercise the power, the report must, in particular, explain its reasons for
p.000051: doing so.
p.000051: (5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the
p.000051: powers conferred by sections 14Z18, 14Z19 and 14Z21.
p.000051: (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
...
p.000081: period.”
p.000081: (5) After subsection (2A) insert—
p.000081: “(2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this
p.000081: section.
p.000081:
p.000081: 82 Health and Social
p.000081: Care Act 2012 (c. 7)
p.000081: Part 1 — The health service in England
p.000081:
p.000081: (2C) The Secretary of State may give directions to the Board about its exercise of any functions that
p.000081: are the subject of a direction under subsection (2B).
p.000081: (2D) In this section, “specified” means specified in the direction.”
p.000081: (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
p.000081: (7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection
p.000081: (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
p.000081:
p.000081: Miscellaneous
p.000081:
p.000081: 48 New Special Health Authorities
p.000081: (1) After section 28 of the National Health Service Act 2006 (special health authorities) insert—
p.000081: “28A Special Health Authorities: further provision
p.000081: (1) This section applies in relation to an order under section 28 which is made after the coming into force of
p.000081: section 48 of the Health and Social Care Act 2012.
p.000081: (2) The order must include—
p.000081: (a) provision for the abolition of the Special Health Authority on a day specified in the order, and
p.000081: (b) provision as to the transfer of officers, property and liabilities of the Authority on its abolition.
p.000081: (3) The day specified in accordance with subsection (2)(a) must be within the period of 3 years beginning with
p.000081: the day on which the Special Health Authority is established.
p.000081: (4) The power (by virtue of section 273(1)) to vary an order under section 28 includes power to vary the provision
p.000081: mentioned in subsection (2) by—
p.000081: (a) providing for the abolition of the Special Health Authority on a day which is earlier or later than the
p.000081: day for the time being specified in the order;
p.000081: (b) making different provision as to the matters mentioned in subsection (2)(b).
p.000081: (5) If an order is varied to provide for the abolition of the Special Health Authority on a later day, that day must
p.000081: be within the period of 3 years beginning with the day on which the Special Health Authority would (but for the
p.000081: variation) have been abolished.”
p.000081: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after
p.000081: paragraph (zb) insert—
p.000081: “(zc) an order under section 28 which varies such an order as mentioned in section 28A(5),”.
p.000081:
p.000081: Health and Social Care Act 2012 (c. 7)
p.000083: 83
p.000083: Part 1 — The health service in England
p.000083:
p.000083: 49 Primary care services: directions as to exercise of functions
p.000083: (1) After section 98 of the National Health Service Act 2006 insert—
p.000083:
p.000083: “Directions
p.000083: 98A Exercise of functions
...
p.000112: (4) A condition under subsection (1)(d)—
p.000112: (a) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to
p.000112: be an NHS trust established under section 25 of the National Health Service Act 2006, and
p.000112: (b) ceases to have effect at the end of the period of five years beginning with the day on which it is included in
p.000112: the licence.
p.000112: (5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference
p.000112: to part of the activities concerned.
p.000112: (6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to
p.000112: the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a
p.000112: business.
p.000112: (7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect,
p.000112: at such times and in such circumstances as may be determined by or under the conditions.
p.000112:
p.000112: 98 Conditions relating to the continuation of the provision of services etc.
p.000112: (1) The things which a licence holder may be required to do by a condition under section 97(1)(i)(i) include, in
p.000112: particular—
p.000112: (a) providing information to the commissioners of services to which the condition applies and to such other persons
p.000112: as Monitor may direct,
p.000112: (b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and
p.000112: anything on them, and
p.000112: (c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s
p.000112: affairs, business and property.
p.000112: (2) A commissioner of services to which a condition under section 97(1)(i), (j) or (k) applies must co-operate
p.000112: with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed
p.000112: to provide.
p.000112:
p.000112: Health and Social Care Act 2012 (c. 7)
p.000112: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000113: 113
p.000113:
p.000113: (3) Where a licence includes a condition under section 97(1)(i), (j) or (k), Monitor must carry out an ongoing
p.000113: assessment of the risks to the continued provision of services to which the condition applies.
p.000113: (4) Monitor must publish guidance—
p.000113: (a) for commissioners of a service to which a condition under section 97(1)(i), (j) or (k) applies
p.000113: about the exercise of their functions in connection with the licence holders who provide the service, and
p.000113: (b) for such licence holders about the conduct of their affairs, business and property at a time at which such a
p.000113: condition applies.
p.000113: (5) A commissioner of services to which a condition under section 97(1)(i), (j), or
p.000113: (k) applies must have regard to guidance under subsection (4)(a).
p.000113: (6) Monitor may revise guidance under subsection (4) and, if it does so, must publish the guidance as
p.000113: revised.
p.000113: (7) Before publishing guidance under subsection (4) or (6), Monitor must obtain the approval of—
p.000113: (a) the Secretary of State, and
p.000113: (b) the National Health Service Commissioning Board.
p.000113:
p.000113: 99 Notification of commissioners where continuation of services at risk
p.000113: (1) This section applies where Monitor—
p.000113: (a) takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i),
p.000113: (j) or (k), and
p.000113: (b) does so because it is satisfied that the continued provision for the purposes of the NHS of health
p.000113: care services to which that condition applies is being put at significant risk by the configuration of certain health
p.000113: care services provided for those purposes.
p.000113: (2) In subsection (1), a reference to the provision of services is a reference to their provision by the licence
p.000113: holder or any other provider.
p.000113: (3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning
p.000113: Board and such clinical commissioning groups as Monitor considers appropriate—
p.000113: (a) of the action it has taken, and
p.000113: (b) of its reasons for being satisfied as mentioned in subsection (1)(b).
...
p.000133: regard to it in arranging for the provision of health care services for the purposes of the NHS.
p.000133:
p.000133: 127 Correction of mistakes
p.000133: (1) This section applies where the national tariff contains information that does not accord with—
p.000133:
p.000134: 134
p.000134: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000134: Chapter 4 — Pricing
p.000134:
p.000134: (a) what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
p.000134: (b) where the matter was determined by arbitration, what was determined.
p.000134: (2) Monitor must send a notice to—
p.000134: (a) each clinical commissioning group,
p.000134: (b) each relevant provider, and
p.000134: (c) such other persons as Monitor considers appropriate.
p.000134: (3) Monitor must also publish the notice.
p.000134: (4) The notice must specify—
p.000134: (a) the information that does not accord with what was agreed or determined,
p.000134: (b) the correction required to make the information so accord, and
p.000134: (c) the date on which the correction is to take effect.
p.000134: (5) A date specified for the purposes of subsection (4)(c) may be earlier than the date of the notice.
p.000134: (6) In this section, “relevant provider” has the meaning given in section 118(14).
p.000134:
p.000134: CHAPTER 5
p.000134: HEALTH SPECIAL ADMINISTRATION
p.000134:
p.000134: 128 Health special administration orders
p.000134: (1) In this Chapter “health special administration order” means an order which—
p.000134: (a) is made by the court in relation to a relevant provider, and
p.000134: (b) directs that the affairs, business and property of the provider are to be managed by one or more persons
p.000134: appointed by the court.
p.000134: (2) An application to the court for a health special administration order may be made only by Monitor.
p.000134: (3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a “health
p.000134: special administrator”.
p.000134: (4) A health special administrator of a company—
p.000134: (a) is an officer of the court, and
p.000134: (b) in exercising functions in relation to the company, is the company’s agent.
p.000134: (5) A person is not to be the health special administrator of a company unless the person is qualified to act
p.000134: as an insolvency practitioner in relation to the company.
p.000134: (6) A health special administrator of a relevant provider must manage its affairs, business and property, and
p.000134: exercise the health special administrator’s functions, so as to—
p.000134: (a) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable,
p.000134: (b) in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services
p.000134: provided by the provider is carried on in accordance with any requirements or conditions imposed in
p.000134:
p.000134: Health and Social Care Act 2012 (c. 7)
p.000134: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000135: 135
p.000135:
p.000135: respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008,
p.000135: (c) so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the
p.000135: provider as a whole, and
p.000135: (d) so far as is consistent with that objective and subject to those interests, protect the interests of the members
p.000135: of the provider as a whole.
p.000135: (7) In relation to a health special administration order applying to a non-GB company, references in this
p.000135: Chapter to the affairs, business and property of the company are references only to its affairs and business so far as
p.000135: carried on in Great Britain and to its property in Great Britain.
p.000135: (8) In this section—
p.000135: (a) a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be
p.000135: construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and
p.000135: their qualifications);
p.000135: (b) “regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of
p.000135: that Act).
p.000135: (9) In this Chapter—
p.000135: “business” and “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that
p.000135: Act);
p.000135: “company” includes a company not registered under the Companies Act 2006;
p.000135: “court”, in relation to a company, means the court—
p.000135: (a) having jurisdiction to wind up the company, or
p.000135: (b) that would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986
p.000135: (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of
p.000135: business in, Northern Ireland);
p.000135: “member” is to be read in accordance with section 250 of the Insolvency Act 1986;
p.000135: “non-GB company” means a company incorporated outside Great Britain; “relevant provider” means a company which is
p.000135: providing services to which a condition included in the company’s licence under section
p.000135: 97(1)(i), (j) or (k) applies;
p.000135: “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
p.000135:
p.000135: 129 Objective of a health special administration
p.000135: (1) The objective of a health special administration is to secure—
p.000135: (a) the continued provision of such of the health care services provided for the purposes of the NHS by the company
p.000135: subject to the health special administration order, at such level, as the commissioners of those services
p.000135: determine by applying criteria specified in health special administration regulations (see section 130), and
p.000135: (b) that it becomes unnecessary, by one or both of the means set out in subsection (2), for the health special
p.000135: administration order to remain in force for that purpose.
p.000135: (2) Those means are—
p.000135:
p.000136: 136
...
p.000136: company’s members as a whole that is better than the result that would be produced without them.
p.000136:
p.000136: 130 Health special administration regulations
p.000136: (1) Regulations (referred to in this Chapter as “health special administration regulations”) must make
p.000136: further provision about health special administration orders.
p.000136: (2) Health special administration regulations may apply with or without modifications—
p.000136: (a) any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and
p.000136: (b) any other enactment which relates to insolvency or administration or makes provision by reference to anything
p.000136: that is or may be done under that Act.
p.000136: (3) Health special administration regulations may, in particular, provide that the court may make a health special
p.000136: administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State
p.000136: under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be
p.000136: just and equitable (disregarding the objective of the health special administration) to wind up the provider in the
p.000136: public interest.
p.000136: (4) Health special administration regulations may make provision about—
p.000136:
p.000136: Health and Social Care Act 2012 (c. 7)
p.000136: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000137: 137
p.000137:
p.000137: (a) the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and
p.000137: (b) the enforcement of security over property of relevant providers.
p.000137: (5) Health special administration regulations may, in particular, make provision about the publication and
p.000137: maintenance by Monitor of a list of relevant providers.
p.000137: (6) Health special administration regulations may in particular—
p.000137: (a) require Monitor to publish guidance for commissioners about the application of the criteria referred to
p.000137: in section 129(1)(a);
p.000137: (b) confer power on Monitor to revise guidance published by virtue of paragraph (a) and require it to
p.000137: publish guidance so revised;
p.000137: (c) require Monitor, before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the
p.000137: Secretary of State and the National Health Service Commissioning Board;
p.000137: (d) require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such
p.000137: matters as Monitor may specify in guidance published by virtue of paragraph (a) or (b);
p.000137: (e) require the National Health Service Commissioning Board to make arrangements for facilitating
p.000137: agreement between commissioners in their exercise of their function under section 129(1)(a);
p.000137: (f) confer power on the Board, where commissioners fail to reach agreement in pursuance of
p.000137: arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
p.000137: (g) provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function
p.000137: under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as
p.000137: discharged;
p.000137: (h) require a health special administrator to carry out in accordance with the regulations consultation on the
...
p.000138: special administration
p.000138:
p.000138: (c) references in section 411 of that Act to those Parts are to be read as including a reference to
p.000138: this Chapter.
p.000138: (11) Before making health special administration regulations the Secretary of State must consult—
p.000138: (a) Monitor, and
p.000138: (b) such other persons as the Secretary of State considers appropriate.
p.000138:
p.000138: 131 Transfer schemes
p.000138: (1) Health special administration regulations may make provision about transfer schemes to achieve the objective
p.000138: of a health special administration (see section 129).
p.000138: (2) Health special administration regulations may, in particular, include provision—
p.000138: (a) for the making of a transfer scheme to be subject to the consent of Monitor and the person to whom
p.000138: the transfer is being made,
p.000138: (b) for Monitor to have power to modify a transfer scheme with the consent of parties to the transfers effected by
p.000138: the scheme, and
p.000138: (c) for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as Monitor
p.000138: may specify (which may be a time before the modifications were made).
p.000138: (3) Health special administration regulations may, in particular, provide that a transfer scheme may
p.000138: include provision—
p.000138: (a) for the transfer of rights and liabilities under or in connection with a contract of employment from a
p.000138: company subject to a health special administration order to another person,
p.000138: (b) for the transfer of property, or rights and liabilities other than those mentioned in paragraph (a), from a
p.000138: company subject to a health special administration order to another person,
p.000138: (c) for the transfer of property, rights and liabilities which would not otherwise be capable of being
p.000138: transferred or assigned,
p.000138: (d) for the transfer of property acquired, and rights and liabilities arising, after the making of the scheme,
p.000138: (e) for the creation of interests or rights, or the imposition of liabilities, and
p.000138: (f) for the transfer, or concurrent exercise, of functions under enactments.
p.000138:
p.000138: 132 Indemnities
p.000138: Health special administration regulations may make provision about the giving by Monitor of indemnities in
p.000138: respect of—
p.000138: (a) liabilities incurred in connection with the discharge by health special administrators of their functions, and
p.000138: (b) loss or damage sustained in that connection.
p.000138:
p.000138: 133 Modification of this Chapter under Enterprise Act 2002
p.000138: (1) The power to modify or apply enactments conferred on the Secretary of State by each of the sections of the
p.000138: Enterprise Act 2002 mentioned in subsection (2) includes power to make such consequential modifications of provision
p.000138: made
p.000138:
p.000138: Health and Social Care Act 2012 (c. 7)
p.000138: Part 3 — Regulation of health and adult social care services Chapter 5 — Health special administration
p.000139: 139
p.000139:
p.000139: by virtue of this Chapter as the Secretary of State considers appropriate in connection with any other
p.000139: provision made under that section.
p.000139: (2) Those sections are—
p.000139: (a) sections 248 and 277 (amendments consequential on that Act), and
p.000139: (b) section 254 (power to apply insolvency law to foreign companies).
p.000139:
p.000139: CHAPTER 6
p.000139: FINANCIAL ASSISTANCE IN SPECIAL ADMINISTRATION CASES
p.000139:
p.000139: Establishment of mechanisms
p.000139:
p.000139: 134 Duty to establish mechanisms for providing financial assistance
p.000139: (1) Monitor must establish, and secure the effective operation of, one or more mechanisms for providing
...
p.000159: having been issued), and
p.000159: (c) in the case of a grant or other payment, the terms on which it was made.
p.000159: (7) In relation to each loan made under that subsection during a previous financial year but not repaid by the
p.000159: beginning of the year to which the report relates, the report must specify—
p.000159: (a) the amount outstanding at the beginning of the year,
p.000159:
p.000160: 160
p.000160: Health and Social Care Act 2012 (c. 7)
p.000160: Part 4 — NHS foundation trusts & NHS trusts
p.000160:
p.000160: (b) the amount (if any) outstanding at the end of the year, and
p.000160: (c) the other terms on which the loan was made.
p.000160: (8) A report under subsection (5) must, in relation to each NHS foundation trust, specify—
p.000160: (a) the amount of the public dividend capital of that trust at the end of the year to which the report relates, and
p.000160: (b) the conditions on which it is held.
p.000160: (9) The Secretary of State must publish a report under subsection (5).”
p.000160: (2) Omit section 41 of that Act (prudential borrowing code).
p.000160: (3) In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation
p.000160: trust to be same as that payable by NHS trust).
p.000160: (4) Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator).
p.000160: (5) At the end of that section insert—
p.000160: “(7) The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS
p.000160: foundation trust to do any of the following will be subject as a consequence—
p.000160: (a) providing goods or services,
p.000160: (b) borrowing or investing money,
p.000160: (c) providing financial assistance,
p.000160: (d) acquiring or disposing of property,
p.000160: (e) entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to
p.000160: (d),
p.000160: (f) applying for dissolution (whether or not when also applying for the establishment of one or more other trusts),
p.000160: (g) applying to acquire another body.”
p.000160: (6) After that section insert—
p.000160: “42A Criteria for making loans etc.
p.000160: (1) The Secretary of State must publish guidance on the powers conferred by sections 40 and 42.
p.000160: (2) The guidance on the power to make a loan under section 40(1) must in particular—
p.000160: (a) explain that, in exercising the power, the Secretary of State will apply the principle that a loan should be
p.000160: made only where there is a reasonable expectation that it will be repaid in accordance with the terms on which it is
p.000160: made;
p.000160: (b) include other criteria that the Secretary of State will apply when determining whether to exercise the power
p.000160: and, if so, the terms on which to make the loan.
p.000160: (3) The guidance on that power must also explain—
p.000160: (a) the process for applying for a loan under section 40(1);
p.000160: (b) the consequences of failing to comply with terms on which a loan is made under that provision.
p.000160:
p.000160: Health and Social Care Act 2012 (c. 7)
p.000160: Part 4 — NHS foundation trusts & NHS trusts
p.000161: 161
p.000161:
p.000161: (4) The guidance on the power to decide terms under section 42(3) must, in particular, include the criteria that
p.000161: the Secretary of State will apply when deciding the terms.
p.000161: (5) The guidance on that power must also explain the consequences of failing to comply with the terms
p.000161: decided.
p.000161: (6) In preparing guidance under this section, the Secretary of State must have regard (among other things) to any
p.000161: generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and
p.000161: the terms on which to make loans to them.
p.000161: (7) Before publishing the guidance, the Secretary of State must consult—
p.000161: (a) the Treasury,
p.000161: (b) the regulator, and
p.000161: (c) such other persons as the Secretary of State considers appropriate.”
p.000161: (7) Omit section 45 of that Act (disposal of protected property).
p.000161: (8) Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money).
p.000161: (9) For section 50 of that Act (fees) substitute—
p.000161: “50 Fees
p.000161: An NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its
p.000161: exercise of functions under—
p.000161: (a) section 39;
p.000161: (b) section 39A.”
p.000161:
p.000161: Functions
p.000161:
p.000161: 164 Goods and services
p.000161: (1) In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2)
p.000161: substitute—
p.000161: “(1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the
p.000161: health service in England.
p.000161: (2) An NHS foundation trust may provide goods and services for any purposes related to—
p.000161: (a) the provision of services provided to individuals for or in connection with the prevention,
p.000161: diagnosis or treatment of illness, and
p.000161: (b) the promotion and protection of public health.
p.000161: (2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income
p.000161: from the provision of goods and services for the purposes of the health service in England is greater than its total
p.000161: income from the provision of goods and services for any other purposes.”
p.000161: (2) In subsection (3) of that section (power to carry on other activities in order to generate additional income)—
p.000161:
p.000162: 162
p.000162:
p.000162:
p.000162: (a) for “The” substitute “An”,
p.000162: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
...
p.000164: (b) another NHS foundation trust or an NHS trust established under section 25 (B),
p.000164: to the regulator for the acquisition by A of B.
p.000164: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000164: council of governors of each applicant (that is an NHS foundation trust).
p.000164: (3) The application must—
p.000164: (a) be supported by the Secretary of State if B is an NHS trust, and
p.000164: (b) be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B.
p.000164: (4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the
p.000164: acquisition have been taken.
p.000164: (5) On the grant of the application, the proposed constitution has effect, but where a person who is specified
p.000164: as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that
p.000164: person’s functions under the constitution.”
p.000164:
p.000164: 170 Separations
p.000164: After section 56A of the National Health Service Act 2006 insert—
p.000164: “56B Separations
p.000164: (1) An application may be made to the regulator by an NHS foundation trust for the dissolution of the trust and the
p.000164: establishment of two or more new NHS foundation trusts.
p.000164:
p.000164: Health and Social Care Act 2012 (c. 7)
p.000164: Part 4 — NHS foundation trusts & NHS trusts
p.000165: 165
p.000165:
p.000165: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000165: council of governors of the applicant.
p.000165: (3) The application must, by reference to each of the proposed new trusts—
p.000165: (a) specify the property and liabilities proposed to be transferred to it;
p.000165: (b) be accompanied by a copy of its proposed constitution.
p.000165: (4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for
p.000165: the dissolution of the trust and the establishment of each of the proposed new trusts have been taken.
p.000165: (5) On the grant of the application, the proposed constitution of each of the new trusts has effect but, in
p.000165: the case of each of the new trusts, the proposed directors may exercise the functions of the trust on its
p.000165: behalf until a board of directors is appointed in accordance with the constitution.”
p.000165:
p.000165: 171 Dissolution
p.000165: After section 57 of the National Health Service Act 2006 insert—
p.000165: “57A Dissolution
p.000165: (1) An application may be made by an NHS foundation trust to the regulator for dissolution.
p.000165: (2) An application under this section may be made only with the approval of more than half of the members of the
p.000165: council of governors of the applicant.
p.000165: (3) The regulator must grant the application if it is satisfied that—
p.000165: (a) the trust has no liabilities, and
p.000165: (b) such steps as are necessary to prepare for the dissolution have been taken.
p.000165: (4) Where an application under this section is granted, the regulator must make an order—
p.000165: (a) dissolving the trust in question, and
p.000165: (b) transferring, or providing for the transfer of, the property of the trust (if any) to the Secretary of State.”
p.000165:
p.000165: 172 Supplementary
p.000165: (1) In section 57 of the National Health Service Act 2006 (mergers: supplementary), in
p.000165: subsection (1)—
p.000165: (a) for “an authorisation is given under section 56” substitute “an application is granted under
p.000165: section 56 or 56B”, and
p.000165: (b) at the end insert “or trusts”.
p.000165: (2) In subsection (2) of that section—
p.000165: (a) for “such an authorisation is given, the Secretary of State” substitute “such an application is granted, the
p.000165: regulator”, and
p.000165: (b) in paragraph (a), after “dissolving the” insert “trust or”, and
p.000165: (c) in paragraph (b), at the end insert “or trusts”.
p.000165:
p.000166: 166
p.000166:
p.000166: (3) After that subsection insert—
p.000166: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000166: “(2A) An order under section 56 or 56B is conclusive evidence of incorporation and conclusive
p.000166: evidence that the corporation is an NHS foundation trust.”
p.000166: (4) In subsection (3)(a) of that section, for “section 54(3)” substitute “section 54(4)”.
p.000166: (5) In subsection (4) of that section—
p.000166: (a) for “section 56(1) and (2)” substitute “sections 56(2) and 56B(3)”, and
p.000166: (b) for “section 54(4)(a) to (c)” substitute “section 54(4)(a) or (c)”.
p.000166: (6) In subsection (5) of that section, after “section 56” insert “or 56A”.
p.000166: (7) Omit subsection (6) of that section.
p.000166: (8) For the title to that section substitute “Sections 56 to 56B: supplementary”.
p.000166: (9) For the cross-heading preceding section 56 of that Act substitute “Mergers, acquisitions and
p.000166: separations”.
...
p.000167: Commission must provide to the regulator a report on the safety and quality of the services that the trust provides
p.000167: under this Act.”
p.000167: (4) In subsection (4) of that section—
p.000167: (a) for “giving a notice” substitute “making an order”,
p.000167: (b) after paragraph (a) insert—
p.000167: “(aa) the Board,”,
p.000167: (c) omit paragraph (b),
p.000167: (d) in paragraph (c), omit “goods or”, and
p.000167: (e) after paragraph (c) insert “, and
p.000167: (d) the Care Quality Commission.”
p.000167:
p.000168: 168
p.000168:
p.000168: (5) After that subsection insert—
p.000168: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000168: “(5) An order under subsection (2) must specify the date when the appointment is to take
p.000168: effect, which must be within the period of 5 working days beginning with the day on which the order is made.
p.000168: (6) The regulator must lay before Parliament (with the statutory instrument containing the order)
p.000168: a report stating the reasons for making the order.
p.000168: (7) If the regulator makes an order under subsection (2), it must—
p.000168: (a) appoint a person as the trust special administrator with effect from the day specified in the order, and
p.000168: (b) publish the name of the person appointed.
p.000168: (8) A person appointed as a trust special administrator under this section holds and vacates office in
p.000168: accordance with the terms of the appointment.
p.000168: (9) A person appointed as a trust special administrator under this section must manage the trust’s affairs, business
p.000168: and property, and exercise the trust special administrator’s functions, so as to achieve the objective set out in
p.000168: section 65DA as quickly and as efficiently as is reasonably practicable.
p.000168: (10) When the appointment of a trust special administrator under this section takes effect, the trust’s
p.000168: governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in
p.000168: its application to the trust, is to be read accordingly.
p.000168: (11) But subsection (10) does not affect the employment of the executive directors or their membership of
p.000168: any committee or sub-committee of the trust.
p.000168: (12) The regulator may indemnify a trust special administrator appointed under this section in respect of such
p.000168: matters as the regulator may determine.”
p.000168: (6) For the title to that section substitute “NHS foundation trusts: appointment of trust special administrator”.
p.000168: (7) Omit the cross-heading preceding that section.
p.000168:
p.000168: 175 Objective of trust special administration
p.000168: (1) After section 65D of the National Health Service Act 2006 insert—
p.000168: “65DA Objective of trust special administration
p.000168: (1) The objective of a trust special administration is to secure—
p.000168: (a) the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust
p.000168: that is subject to an order under section 65D(2), at such level, as the commissioners of those
p.000168: services determine, and
p.000168: (b) that it becomes unnecessary for the order to remain in force for that purpose.
p.000168:
p.000168: Health and Social Care Act 2012 (c. 7)
p.000168: Part 4 — NHS foundation trusts & NHS trusts
p.000169: 169
p.000169:
...
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) in relation to the
p.000175: trust, and
p.000175: (b) the action recommended in the final report is to do something other than dissolve the trust.
p.000175: (2B) For the purposes of subsection (2) in its application to the case of an NHS foundation trust—
p.000175: (a) the reference to the Secretary of State is to be read as a reference to the regulator, and
p.000175: (b) the reference to the chairman and directors of the trust is to be read as including a reference to the
p.000175: governors.”
p.000175: (4) Omit subsections (3) to (5) of that section.
p.000175: (5) At the end of that section insert—
p.000175: “(6) Subsection (7) applies in the case of an NHS foundation trust.
p.000175: (7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
p.000175: (a) terminate the office of any governor or of any executive or non- executive director of the trust;
p.000175: (b) appoint a person to be a governor or an executive or non- executive director of the trust.”
p.000175: (6) After that section insert—
p.000175: “65LA Trusts to be dissolved
p.000175: (1) This section applies if—
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
p.000175: (b) the action recommended in the final report is to dissolve the NHS foundation trust in question.
p.000175: (2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation
p.000175: trust in question.
p.000175: (3) The regulator may make an order—
p.000175: (a) dissolving the trust, and
p.000175: (b) transferring, or providing for the transfer of, the property and liabilities of the trust—
p.000175: (i) to another NHS foundation trust or the Secretary of State, or
p.000175: (ii) between another NHS foundation trust and the Secretary of State.
p.000175: (4) An order under subsection (3) may include provision for the transfer of employees of the trust.
p.000175: (5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include
p.000175: criminal liabilities.”
p.000175: (7) For the cross-heading preceding section 65K substitute “Action by the Secretary of State and
p.000175: the regulator”.
p.000175:
p.000176: 176
p.000176:
p.000176: 178 Sections 174 to 177: supplementary
p.000176: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000176: (1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator)
p.000176: insert—
p.000176: “(3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000176: the Secretary of State are to be read as references to the regulator.”
p.000176: (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
p.000176: “(2A) It must include guidance about the publication of—
p.000176: (a) notices under section 65KC(4)(a);
p.000176: (b) statements under section 65KC(4)(b).”
p.000176: (3) At the end of that section insert—
p.000176: “(4) For the purposes of this section in its application to cases of NHS foundation trusts, the
p.000176: reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”
...
p.000191: (b) after paragraph (ca) insert—
p.000191: “(cb) the Healthwatch England committee of the Care Quality Commission;”, and
p.000191: (c) omit paragraph (d) (but not the following “and”).
p.000191: (6) In subsection (5)—
p.000191: (a) in paragraph (a)—
p.000191: (i) omit the words from the beginning to “(2)(a)(ii)),”,
p.000191: (ii) for “the network” substitute “the Local Healthwatch organisation”, and
p.000191: (iii) after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
p.000191: (b) omit paragraph (b) and the “and” preceding it.
p.000191: (7) Omit subsections (6) to (8).
p.000191: (8) In subsection (9), after the definition of “financial year” insert—
p.000191: ““Local Healthwatch contractor” has the meaning given by section 223;”.
p.000191: (9) For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.
p.000191:
p.000191: 188 Transitional arrangements
p.000191: (1) This section applies where arrangements made under section 221 of the Local Government and Public
p.000191: Involvement in Health Act 2007 before the
p.000191:
p.000192: 192
p.000192: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000192: Chapter 1 — Public involvement
p.000192:
p.000192: commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that
p.000192: commencement.
p.000192: (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local
p.000192: authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation
p.000192: for the authority’s area.
p.000192: (3) A scheme under this section may make provision for rights and liabilities relating to an individual’s
p.000192: contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision
p.000192: in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000192: (4) A scheme under this section may provide for the transfer of property, rights or liabilities—
p.000192: (a) whether or not they would otherwise be capable of being transferred;
p.000192: (b) irrespective of any requirement for consent that would otherwise apply.
p.000192: (5) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or
p.000192: liabilities transferred.
p.000192: (6) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of
p.000192: or in connection with anything transferred to be—
p.000192: (a) treated as done by or in relation to the transferee or its employees;
p.000192: (b) continued by or in relation to the transferee or its employees.
p.000192: (7) A scheme under this section may in particular make provision about continuation of legal
p.000192: proceedings.
p.000192: (8) A scheme under this section may include provision requiring the local authority to pay compensation
p.000192: to the transferor; and for that purpose the scheme may—
p.000192: (a) impose a duty on the local authority to determine the amount of the compensation;
p.000192: (b) confer power on the Secretary of State to do so.
p.000192: (9) A scheme under this section may include supplementary, incidental and consequential provision.
p.000192: (10) Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional
p.000192: arrangements).
p.000192:
p.000192: 189 Consequential provision
p.000192: (1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by
p.000192: paragraph 2 of Schedule 13) insert—
p.000192: “(bl) Local Healthwatch organisations, as regards the carrying-on of activities specified in section
p.000192: 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);”.
...
p.000238: the commencement of the preceding provisions of this Part.
p.000238: (3) The quorum for the exercise of the power under subsection (2) is two.
p.000238: (4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument
p.000238: signed by the Clerk of the Council.
p.000238: (5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002
p.000238: (regulations and orders), after subsection (4) insert—
p.000238: “(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of
p.000238: Schedule 7 is two; and anything
p.000238:
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000239: 239
p.000239:
p.000239: done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an
p.000239: instrument signed by the Clerk of the Council.”
p.000239: (6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect
p.000239: the power to make a further Order in Council under that section amending or revoking provision made by
p.000239: those amendments.
p.000239:
p.000239: The Office of the Health Professions Adjudicator
p.000239:
p.000239: 231 Abolition of the Office of the Health Professions Adjudicator
p.000239: (1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
p.000239: (2) In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit
p.000239: sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA).
p.000239: (3) All property, rights and liabilities to which the OHPA is entitled or subject immediately before the
p.000239: commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of
p.000239: State.
p.000239: (4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect.
p.000239: PART 8
p.000239: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000239:
p.000239: Establishment and general duties
p.000239:
p.000239: 232 The National Institute for Health and Care Excellence
p.000239: (1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in
p.000239: this Part as “NICE”).
p.000239: (2) Schedule 16 (which makes further provision about NICE) has effect.
p.000239:
p.000239: 233 General duties
p.000239: (1) In exercising its functions NICE must have regard to—
p.000239: (a) the broad balance between the benefits and costs of the provision of health services or of social care in
p.000239: England,
p.000239: (b) the degree of need of persons for health services or social care in England, and
p.000239: (c) the desirability of promoting innovation in the provision of health services or of social care in
p.000239: England.
p.000239: (2) NICE must exercise its functions effectively, efficiently and economically.
p.000239: (3) In this Part—
p.000239: “health services” means services which must or may be provided as part of the health service in England;
p.000239:
p.000240: 240
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000240:
p.000240: “social care” includes all forms of personal care and other practical assistance provided for individuals
...
p.000244: as may be specified in the direction.
p.000244:
p.000244: Health and Social Care Act 2012 (c. 7)
p.000244: Part 8 — The National Institute for Health and Care Excellence
p.000244:
p.000244: (3) If requested to do so, NICE must—
p.000245: 245
p.000245: (a) provide the Board with information or advice on such matters connected to the Board’s
p.000245: functions in respect of the commissioning guidance as may be specified in the request, and
p.000245: (b) disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
p.000245:
p.000245: Functions: other
p.000245:
p.000245: 242 NICE’s charter
p.000245: (1) Regulations may make provision requiring NICE to publish a document explaining the functions of
p.000245: NICE and how NICE intends to exercise them (referred to in this section as “the charter”).
p.000245: (2) The regulations may, in particular, make provision about—
p.000245: (a) the information to be provided in the charter,
p.000245: (b) the timing of preparation of the charter,
p.000245: (c) review and revision by NICE of the charter, and
p.000245: (d) the manner in which the charter must or may be published.
p.000245:
p.000245: 243 Additional functions
p.000245: (1) NICE may do any of the following—
p.000245: (a) acquire, produce, manufacture and supply goods,
p.000245: (b) acquire land by agreement and manage and deal with land,
p.000245: (c) supply accommodation to any person,
p.000245: (d) supply services to any person and provide new services,
p.000245: (e) provide instruction for any person, and
p.000245: (f) develop and exploit ideas and exploit intellectual property.
p.000245: (2) But NICE may exercise a power under subsection (1) only—
p.000245: (a) if doing so is connected with the provision of health care or social care, and
p.000245: (b) to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any
p.000245: function it has under or by virtue of any other provision of this Part.
p.000245: (3) NICE may—
p.000245: (a) charge for anything it does in the exercise of a power under subsection (1), and
p.000245: (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
p.000245:
p.000245: 244 Arrangements with other bodies
p.000245: (1) NICE may arrange with any person or body to provide, or assist in providing, any service which NICE is required
p.000245: or authorised to provide by virtue of this Part.
p.000245: (2) The power under this section may be exercised on such terms as may be agreed, including terms as to
p.000245: the making of payments by or to NICE.
p.000245:
p.000246: 246
p.000246: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000246:
p.000246: 245 Failure by NICE to discharge any of its functions
p.000246: (1) The Secretary of State may give a direction to NICE if the Secretary of State considers that—
p.000246: (a) NICE—
p.000246: (i) is failing or has failed to discharge any of its functions, or
p.000246: (ii) is failing or has failed properly to discharge any of its functions, and
p.000246: (b) the failure is significant.
p.000246: (2) A direction under subsection (1) may direct NICE to discharge such of those functions, and in such manner and
p.000246: within such period or periods, as may be specified in the direction.
...
p.000260:
p.000260: (b) the giving of advice and guidance by the Information Centre to such persons in relation to such a proposal,
p.000260: (c) the assessment and approval of quality indicators proposed for inclusion in the database by such
p.000260: person as the Secretary of State or the Board may direct, and
p.000260: (d) the inclusion in the database of guidance about how providers may demonstrate performance measured
p.000260: against the quality indicators.
p.000260: (3) In this section a “quality indicator” means a factor by reference to which performance in the
p.000260: provision of services or care can be measured.
p.000260:
p.000260: 269 Power to confer functions in relation to identification of GPs
p.000260: (1) Regulations may make provision conferring functions on the Information Centre in connection with the
p.000260: verification of the identity of general medical practitioners for purposes connected with the health service in
p.000260: England.
p.000260: (2) In subsection (1) “general medical practitioners” means persons registered in the General Practitioner Register
p.000260: kept by the General Medical Council.
p.000260:
p.000260: 270 Additional functions
p.000260: (1) The Information Centre may do any of the following—
p.000260: (a) acquire, produce, manufacture and supply goods,
p.000260: (b) acquire land by agreement and manage and deal with land,
p.000260: (c) supply accommodation to any person,
p.000260: (d) supply services to any person and provide new services,
p.000260: (e) provide instruction for any person, and
p.000260: (f) develop and exploit ideas and exploit intellectual property.
p.000260: (2) But the Information Centre may exercise a power under subsection (1) only—
p.000260: (a) if doing so involves, or is connected with, the collection, analysis, publication or other
p.000260: dissemination of information, and
p.000260: (b) to the extent that its exercise does not to any significant extent interfere with the performance by the Centre
p.000260: of any function under or by virtue of any other provision of this or any other Act.
p.000260: (3) The Information Centre may—
p.000260: (a) charge for anything it does in the exercise of a power under subsection (1), and
p.000260: (b) calculate any such charge on the basis that it considers to be the appropriate commercial basis.
p.000260:
p.000260: 271 Arrangements with other bodies
p.000260: (1) The Information Centre may arrange with any person or body to provide, or assist in providing, any service which
p.000260: the Centre is required or authorised to provide by virtue of this Chapter.
p.000260: (2) The power under this section may be exercised on such terms as may be agreed, including terms as to
p.000260: the making of payments by or to the Information Centre.
p.000260:
p.000260: Health and Social Care Act 2012 (c. 7)
p.000260: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000261: 261
p.000261:
p.000261: 272 Failure by Information Centre to discharge any of its functions
p.000261: (1) The Secretary of State may give a direction to the Information Centre if the Secretary of State considers that—
p.000261: (a) the Centre—
p.000261: (i) is failing or has failed to discharge any of its functions, or
p.000261: (ii) is failing or has failed properly to discharge any of its functions, and
p.000261: (b) the failure is significant.
...
p.000275: different descriptions of Part 4A certificate”, and
p.000275: (b) in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
p.000275: (6) In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection
p.000275: (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
p.000275:
p.000276: 276
p.000276: Health and Social Care Act 2012 (c. 7)
p.000276: Part 11 — Miscellaneous
p.000276:
p.000276: (7) In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert
p.000276: “that falls within section 64C(4) below”.
p.000276: (8) In section 62A of that Act (treatment on recall of community patient or revocation of order), in
p.000276: subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
p.000276: (9) In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
p.000276: (10) After that subsection insert—
p.000276: “(6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of
p.000276: section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with
p.000276: section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment
p.000276: considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to
p.000276: the patient.”
p.000276:
p.000276: Transfer schemes
p.000276:
p.000276: 300 Transfer schemes
p.000276: (1) The Secretary of State may make a property transfer scheme or a staff transfer scheme in connection with—
p.000276: (a) the establishment or abolition of a body by this Act, or
p.000276: (b) the modification of the functions of a body or other person by or under this Act.
p.000276: (2) A property transfer scheme is a scheme for the transfer from a body or other person mentioned in the first
p.000276: column of the Table in Schedule 22 of any property, rights or liabilities, other than rights or
p.000276: liabilities under or in connection with a contract of employment, to a body or other person mentioned in
p.000276: the corresponding entry in the second column.
p.000276: (3) A staff transfer scheme is a scheme for the transfer from a body or other person mentioned in the first
p.000276: column of the Table in Schedule 23 of any rights or liabilities under or in connection with a contract of
p.000276: employment to a body or other person mentioned in the corresponding entry in the second column.
p.000276: (4) The Secretary of State may direct the Board or a qualifying company to exercise the functions of the Secretary
p.000276: of State in relation to the making of a property transfer scheme or a staff transfer scheme in connection with the
p.000276: abolition of—
p.000276: (a) one or more Primary Care Trusts specified in the direction, or
p.000276: (b) one or more Strategic Health Authorities so specified.
p.000276: (5) Where the Secretary of State gives a direction under subsection (4), the Secretary of State may give
p.000276: directions to the Board or (as the case may be) the company about its exercise of the functions.
p.000276: (6) For the purposes of this section and section 301—
p.000276: (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of
p.000276: employment, and
p.000276: (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of
p.000276: the contract of employment.
p.000276:
p.000276: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000277: 277
p.000277:
p.000277: (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant
p.000277: of a lease.
p.000277: (8) In this section and Schedules 22 and 23, “qualifying company” means—
p.000277: (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned
p.000277: by the Secretary of State or the Board, or
p.000277: (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of
p.000277: State.
p.000277: (9) In section 301 and Schedules 22 and 23— “local authority” means—
p.000277: (a) a county council in England;
p.000277: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000277: council;
p.000277: (c) a London borough council;
p.000277: (d) the Council of the Isles of Scilly;
p.000277: (e) the Common Council of the City of London;
p.000277: “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
p.000277:
p.000277: 301 Transfer schemes: supplemental
p.000277: (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—
p.000277: (a) property, rights and liabilities that could not otherwise be transferred;
p.000277: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000277: (c) criminal liabilities but only where the transfer is to a person mentioned in subsection (2).
p.000277: (2) Those persons are—
p.000277: (a) the National Health Service Commissioning Board;
p.000277: (b) a clinical commissioning group;
p.000277: (c) a local authority;
p.000277: (d) the Care Quality Commission;
p.000277: (e) Monitor;
p.000277: (f) the National Institute for Health and Care Excellence;
p.000277: (g) the Health and Social Care Information Centre;
p.000277: (h) the Health and Care Professions Council;
p.000277: (i) a public authority other than a Minister of the Crown.
p.000277: (3) A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000277: transitional and consequential provision and may in particular—
p.000277: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000277: (b) make provision about the continuing effect of things done by the transferor in respect of anything
p.000277: transferred;
p.000277: (c) make provision about the continuation of things (including legal proceedings) in the process of being
p.000277: done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000277:
p.000278: 278
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 11 — Miscellaneous
p.000278:
p.000278: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000278: anything transferred to be treated as references to the transferee.
p.000278: (4) A property transfer scheme may make provision for the shared ownership or use of property.
p.000278: (5) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
p.000278: (6) A property transfer scheme or a staff transfer scheme may provide—
p.000278: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000278: (b) for any such modifications to have effect from the date when the original scheme comes into effect.
p.000278: (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this
p.000278: Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure
p.000278: that all the body’s liabilities (other than criminal liabilities) are dealt with.
p.000278: (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment)
p.000278: Regulations 2006 (SI 2006/246).
p.000278:
p.000278: 302 Subsequent property transfer schemes
p.000278: (1) This section applies in relation to any property, rights or liabilities which are transferred under a
p.000278: property transfer scheme under section 300(1) from a Primary Care Trust, a Strategic Health Authority or the
p.000278: Secretary of State to a Special Health Authority or a qualifying company.
p.000278: (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from
p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
p.000278: (a) amend, repeal, revoke or otherwise modify any enactment;
p.000278: (b) include transitional, transitory or saving provision in connection with the commencement of provision made by
p.000278: the order.
p.000278: (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made
p.000278: by the order pending the commencement of—
p.000278: (a) another provision of the order,
p.000278:
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 12 — Final provisions
p.000278:
p.000278: (b) a provision of this Act,
p.000278: (c) any other enactment.
p.000279: 279
p.000279: (4) Before making an order under this section that contains provision which would, if included in an
p.000279: Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of
p.000279: State must consult the Scottish Ministers.
p.000279: (5) The power conferred by this section is not restricted by any other provision of this Act.
p.000279: (6) In this section, “enactment” includes—
p.000279: (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000279: (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure
p.000279: of the National Assembly for Wales or Northern Ireland legislation,
...
p.000284: (g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions
p.000284: Adjudicator);
p.000284: (h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
p.000284: (i) sections 300 and 301 (transfer schemes) insofar as they confer powers in connection with the abolition of the
p.000284: Health Protection Agency;
p.000284: (j) this Part.
p.000284: (4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
p.000284: (5) The Secretary of State may by order provide that specified provisions of this Act, in their application
p.000284: to the Isles of Scilly, have effect with such modifications as may be specified.
p.000284:
p.000284: 309 Short title
p.000284: This Act may be cited as the Health and Social Care Act 2012.
p.000284:
p.000284: Health and Social Care Act 2012 (c. 7)
p.000284: Schedule 1 — The National Health Service Commissioning Board
p.000285: 285
p.000285:
p.000285:
p.000285:
p.000285: SCHEDULES
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285: Status
p.000285: SCHEDULE 1 Section 9(2)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: “SCHEDULE A1 Section 1H(4)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: 1 (1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000285: immunity of the Crown.
p.000285: (2) The Board’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000285: Membership
p.000285: 2 (1) The Board is to consist of—
p.000285: (a) a chair appointed by the Secretary of State,
p.000285: (b) at least five other members so appointed, and
p.000285: (c) the chief executive and other members appointed in accordance with paragraph 3.
p.000285: (2) In this Schedule—
p.000285: (a) references to non-executive members of the Board are references to the members appointed in accordance
p.000285: with sub-paragraph (1)(a) and (b), and
p.000285: (b) references to executive members of the Board are references to the other members.
p.000285: (3) The number of executive members must be less than the number of non-executive members.
p.000285: The chief executive and other executive members: appointment and status
p.000285: 3 (1) The chief executive and the other executive members of the Board are to be appointed by the non-executive
p.000285: members.
p.000285: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000285: (3) The chief executive and the other executive members are to be employees of the Board.
p.000285: (4) The first chief executive of the Board is to be appointed by the Secretary of State.
p.000285:
p.000286: 286
p.000286: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000286: Non-executive members: tenure
p.000286: 4 (1) A person holds and vacates office as a non-executive member of the Board in accordance with that person’s
p.000286: terms of appointment.
p.000286: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
...
p.000287: 9 (1) Employees of the Board are to be paid such remuneration and allowances as the Board may
p.000287: determine.
p.000287: (2) Employees of the Board are to be appointed on such other terms and conditions as the Board may determine.
p.000287: (3) The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may
p.000287: determine to or in respect of any person who is or has been an employee of the Board.
p.000287: (4) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes
p.000287: of this paragraph, the
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288:
p.000288:
p.000288: Committees
p.000288: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000288:
p.000288: Board must obtain the approval of the Secretary of State to its policy on the matter.
p.000288: 10 (1) The Board may appoint such committees and sub-committees as it considers appropriate.
p.000288: (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Board.
p.000288: (3) The Board may pay such remuneration and allowances as it determines to any person who—
p.000288: (a) is a member of a committee or a sub-committee, but
p.000288: (b) is not an employee of the Board,
p.000288: whether or not that person is a non-executive member of the Board.
p.000288: Trust funds and trustees
p.000288: 11 (1) The Secretary of State may by order provide for the appointment of trustees for the Board to hold property
p.000288: on trust—
p.000288: (a) for the general or any specific purposes of the Board, or
p.000288: (b) for any purposes relating to the health service in England.
p.000288: (2) An order under sub-paragraph (1) may—
p.000288: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000288: their appointment,
p.000288: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000288: requiring the consent of the Secretary of State),
p.000288: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000288: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000288: Secretary of State considers appropriate, and
p.000288: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000288: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000288: the transfer of any trust property from the Board to the trustees.
p.000288: Procedure
p.000288: 12 (1) The Board may regulate its own procedure.
p.000288: (2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the
p.000288: appointment of any member.
p.000288:
p.000288: Health and Social Care Act 2012 (c. 7)
p.000288: Schedule 1 — The National Health Service Commissioning Board
p.000288: Exercise of functions
p.000289: 289
p.000289: 13 The Board may arrange for the exercise of any of its functions on its behalf by—
p.000289: (a) any non-executive member,
p.000289: (b) any employee (including any executive member), or
p.000289: (c) a committee or sub-committee.
p.000289: Provision of information to Secretary of State
p.000289: 14 (1) The Secretary of State may require the Board to provide the Secretary of State with such
p.000289: information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary
p.000289: of State in relation to the health service.
p.000289: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000289: may require.
p.000289: Accounts
p.000289: 15 (1) The Board must keep proper accounts and proper records in relation to the accounts.
p.000289: (2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—
p.000289: (a) the content and form of its accounts, and
p.000289: (b) the methods and principles to be applied in the preparation of its accounts.
p.000289: (3) In sub-paragraph (2) the reference to accounts includes a reference to the Board’s consolidated annual
p.000289: accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.
...
p.000292: (6) In this paragraph, references to the functions of the governing body of a clinical commissioning group
p.000292: include references to the functions of the clinical commissioning group which are exercisable by the
p.000292: governing body under arrangements specified in the constitution by virtue of paragraph 3(3).
p.000292: 8 (1) The constitution must specify the procedure to be followed by the governing body in making decisions.
p.000292: (2) The constitution must also specify the arrangements made by the clinical commissioning group for
p.000292: securing that there is transparency about the decisions of the governing body and the manner in which they are
p.000292: made.
p.000292: (3) The provision made under sub-paragraph (2) must include provision for meetings of governing
p.000292: bodies to be open to the public, except where the clinical commissioning group considers that it would not be in
p.000292: the public interest to permit members of the public to attend a meeting or part of a meeting.
p.000292: Supplemental
p.000292: 9 In addition to the provision authorised or required to be included under this Part of this Schedule, the
p.000292: constitution may make further provision.
p.000292:
p.000292: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000292:
p.000292:
p.000292: PART 2
p.000293: 293
p.000293: FURTHER PROVISION ABOUT CLINICAL COMMISSIONING GROUPS
p.000293: Status
p.000293: 10 (1) A clinical commissioning group is a body corporate.
p.000293: (2) A clinical commissioning group is not to be regarded as a servant or agent of the Crown or as enjoying any
p.000293: status, privilege or immunity of the Crown.
p.000293: (3) The property of a clinical commissioning group is not to be regarded as property of, or property held on
p.000293: behalf of, the Crown.
p.000293: Staff
p.000293: 11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers
p.000293: appropriate.
p.000293: (2) A clinical commissioning group must—
p.000293: (a) pay its employees remuneration and travelling or other allowances in accordance with determinations made
p.000293: by its governing body under section 14L(3)(a), and
p.000293: (b) employ them on such other terms and conditions as it may determine.
p.000293: (3) A clinical commissioning group may, for or in respect of such of its employees as it may determine,
p.000293: make arrangements for providing pensions, allowances or gratuities.
p.000293: (4) Such arrangements may include the establishment and administration, by the clinical
p.000293: commissioning group or otherwise, of one or more pension schemes.
p.000293: (5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of
p.000293: pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning
p.000293: group’s employees who suffer loss of office or employment or loss or diminution of emoluments.
p.000293: Accountable officer
p.000293: 12 (1) A clinical commissioning group must have an accountable officer.
p.000293: (2) The accountable officer is to be appointed by the Board.
...
p.000295: 295
p.000295: (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of
p.000295: pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body
p.000295: who suffer loss or diminution of emoluments.
p.000295: (5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
p.000295: arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be
p.000295: members of the scheme.
p.000295: (6) Sub-paragraph (2) does not apply to members of the governing body who are—
p.000295: (a) members or employees of the clinical commissioning group, or
p.000295: (b) members or employees of a body that is a member of the clinical commissioning group.
p.000295: Additional powers in respect of payment of allowances
p.000295: 14 A clinical commissioning group may pay such travelling or other allowances as it considers appropriate to
p.000295: any of the following—
p.000295: (a) members of the clinical commissioning group who are individuals;
p.000295: (b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between
p.000295: the member and the group;
p.000295: (c) members of any committee or sub-committee of the clinical commissioning group or its governing
p.000295: body.
p.000295: Trust funds and trustees
p.000295: 15 (1) The Secretary of State may by order provide for the appointment of trustees for a clinical commissioning
p.000295: group to hold property on trust—
p.000295: (a) for the general or any specific purposes of the group, or
p.000295: (b) for any purposes relating to the health service in England.
p.000295: (2) An order under sub-paragraph (1) may—
p.000295: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000295: their appointment,
p.000295: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000295: requiring the consent of the Secretary of State),
p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
p.000295: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000295: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000295: the transfer of
p.000295:
p.000296: 296
p.000296: Health and Social Care Act 2012 (c. 7)
p.000296: Schedule 2 — Clinical commissioning groups
p.000296:
p.000296: any trust property from the clinical commissioning group to the trustees.
p.000296: Externally financed development agreements
p.000296: 16 (1) The powers of a clinical commissioning group include power to enter into externally financed development
p.000296: agreements.
p.000296: (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is
p.000296: certified as such in writing by the Secretary of State.
p.000296: (3) The Secretary of State may give a certificate under this paragraph if—
p.000296: (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision
p.000296: of services or facilities in connection with the discharge by a clinical commissioning group of any of its
p.000296: functions, and
p.000296: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with
p.000296: the agreement.
p.000296: (4) If a clinical commissioning group enters into an externally financed development agreement it may
p.000296: also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in
p.000296: relation to the externally financed development agreement.
p.000296: (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning
p.000296: group.
p.000296: (6) The fact that an agreement made by a clinical commissioning group has not been certified under this
p.000296: paragraph does not affect its validity.
p.000296: Accounts and audits
...
p.000297: (b) any information which the Board considers is necessary to enable it to verify any other information
p.000297: supplied to it under sub-paragraph (1).
p.000297: (3) A clinical commissioning group must supply the Board with any information specified in a direction under
p.000297: sub-paragraph (1) within such period as may be specified in the direction.
p.000297: (4) In this paragraph, a reference to the use of resources is a reference to their expenditure, consumption or
p.000297: reduction in value.
p.000297: Provision of information required by the Secretary of State
p.000297: 19 (1) The Secretary of State may require each clinical commissioning group to provide the Board with such
p.000297: information as the Secretary of State considers it necessary to have for the purposes of the functions of
p.000297: the Secretary of State in relation to the health service.
p.000297: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000297: may require.
p.000297: (3) The powers conferred by this paragraph must be exercised in the same way in relation to each clinical
p.000297: commissioning group.
p.000297:
p.000298: 298
p.000298: Health and Social Care Act 2012 (c. 7)
p.000298: Schedule 2 — Clinical commissioning groups
p.000298:
p.000298: (4) The Board must give any information obtained by it under sub- paragraph (1) to the Secretary of State, in such
p.000298: form, and at such time or within such period, as the Secretary of State may require.
p.000298: Incidental powers
p.000298: 20 The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—
p.000298: (a) enter into agreements,
p.000298: (b) acquire and dispose of property, and
p.000298: (c) accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).
p.000298: Seal and evidence
p.000298: 21 (1) The application of a clinical commissioning group’s seal must be authenticated by the signature of any
p.000298: person who has been authorised (generally or specially) for that purpose.
p.000298: (2) Any instrument which, if executed by an individual, would not need to be under seal may be executed on
p.000298: behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for
p.000298: that purpose.
p.000298: (3) A document purporting to be duly executed under a clinical commissioning group’s seal or to be signed on
p.000298: its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.
p.000298: PART 3 TRANSFER SCHEMES
p.000298: 22 The things that may be transferred under a property transfer scheme or a staff transfer scheme
p.000298: under section 14I include—
p.000298: (a) property, rights and liabilities that could not otherwise be transferred;
p.000298: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000298: (c) criminal liabilities.
p.000298: 23 A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000298: transitional and consequential provision and may in particular—
p.000298: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000298: (b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;
p.000298: (c) make provision about the continuation of things (including legal proceedings) in the process
p.000298: of being done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000298:
p.000298: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000299: 299
p.000299: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000299: anything transferred to be treated as references to the transferee.
p.000299: 24 A property transfer scheme may make provision for the shared ownership or use of property.
p.000299: 25 A staff transfer scheme may make provision which is the same or similar to the Transfer of
p.000299: Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).
p.000299: 26 A property transfer scheme or a staff transfer scheme may provide—
p.000299: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000299: (b) for any such modifications to have effect from the date when the original scheme comes into effect.”
p.000299:
p.000299:
p.000299: SCHEDULE 3 Section 51(2)
p.000299: PHARMACEUTICAL REMUNERATION
p.000299: “SCHEDULE 12A Section 165A(3)
p.000299: PHARMACEUTICAL REMUNERATION
p.000299: Interpretation
p.000299: 1 In this Schedule—
p.000299: (a) “drugs” includes medicines and listed appliances (within the meaning of section 126), and
p.000299: (b) “pharmaceutical remuneration” means remuneration paid by the Board to persons providing pharmaceutical services
p.000299: or local pharmaceutical services.
p.000299: Pharmaceutical remuneration to be apportioned among clinical commissioning groups
p.000299: 2 (1) The Board must determine the elements of pharmaceutical remuneration in respect of which
p.000299: apportionments are to be made in relation to a financial year in accordance with this paragraph.
p.000299: (2) In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.
p.000299: (3) The Board must notify each clinical commissioning group of a determination under sub-paragraph (1).
p.000299: (4) The Board must apportion the sums paid by it in respect of each designated element during the financial year
p.000299: among all clinical commissioning groups, in such manner as the Board thinks appropriate.
p.000299: (5) In apportioning sums under sub-paragraph (4), the Board may, in particular, take into account the financial
p.000299: consequences of orders
p.000299:
p.000300: 300
p.000300: Health and Social Care Act 2012 (c. 7)
...
p.000325: (zb) a clinical commissioning group,”
p.000325: (b) omit paragraph (a), and
p.000325: (c) omit paragraph (c).
p.000325: (4) After subsection (5) insert—
p.000325: “(5A) A “public health service contractor” means any person providing services of any description under
p.000325: arrangements made in the exercise
p.000325:
p.000326: 326
p.000326: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000326: Part 9 — Fraud etc.
p.000326:
p.000326: of the public health functions of the Secretary of State or a local authority.”
p.000326: 105 (1) Section 197 (notice requiring production of documents) is amended as follows.
p.000326: (2) In subsection (1)(a) after “health service provider” insert “, public health service contractor”.
p.000326: (3) In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
p.000326: 106 In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State’s
p.000326: functions” substitute “any of the functions of the Secretary of State, the Board, a clinical
p.000326: commissioning group or a local authority”.
p.000326: 107 (1) Section 210 (interpretation of Part 10) is amended as follows.
p.000326: (2) In subsection (1) after “health service provider” insert “, “public health service contractor””.
p.000326: (3) In subsection (2)(a)—
p.000326: (a) after “in relation to” insert “the Secretary of State, local authorities,”, and
p.000326: (b) after “health service providers” insert “, public health service contractors”.
p.000326: PART 10 PROPERTY AND FINANCE
p.000326: 108 (1) Section 211 (acquisition, use and maintenance of property) is amended as follows.
p.000326: (2) In subsection (4) for “A local social services authority” substitute “A local authority”.
p.000326: (3) After that subsection insert—
p.000326: “(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”
p.000326: 109 In section 213 (transfers of trust property), in subsection (2)(c)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,.”
p.000326: 110 (1) Section 214 (transfer of functions and property to or from special trustees) is amended as follows.
p.000326: (2) In subsection (1)—
p.000326: (a) after the first “by” insert “the Board, a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care trust,”.
p.000326: (3) In subsection (3)(a)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,”.
p.000326:
p.000326: Health and Social Care Act 2012 (c. 7)
p.000326: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000327: 327
p.000327: 111 (1) Section 215 (trustees and property under section 222) is amended as follows.
p.000327: (2) Omit subsection (2)(b) and the preceding “and”.
p.000327: (3) In subsection (3)—
p.000327: (a) before paragraph (a) insert—
p.000327: “(za) on trust for any purposes of the Board for which trustees have been appointed under paragraph 11 of
p.000327: Schedule A1,
p.000327: (zb) on trust for any purposes of a clinical commissioning group for which trustees have been appointed under
p.000327: paragraph 15 of Schedule 1A,”, and
p.000327: (b) omit paragraph (a).
p.000327: (4) In subsection (4)—
p.000327: (a) after the second “and” insert “the Board, clinical commissioning group,”,
p.000327: (b) omit “the Primary Care Trust,” (in each place it occurs), and
p.000327: (c) after the second “by” insert “the Board, clinical commissioning group,”.
p.000327: 112 In section 216 (application of trust property: further provisions), in subsection (3),
p.000327: after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 113 In section 217 (trusts: supplementary provisions), in subsection (1)—
p.000327: (a) after paragraph (e) insert—
p.000327: “(ea) paragraph 11 of Schedule A1, (eb) paragraph 15 of Schedule 1A,”,
p.000327: (b) omit paragraph (f), and
p.000327: (c) omit paragraph (g).
p.000327: 114 In section 218 (private trusts for hospitals), in subsection (4)—
p.000327: (a) in paragraph (b) omit “or Primary Care Trust”,
p.000327: (b) in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
p.000327: (c) for paragraph (d) substitute —
p.000327: “(d) in any other case—
p.000327: (i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the
p.000327: Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of
p.000327: State,
p.000327: (ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or
p.000327: Local Health Board exercising those functions.”
p.000327: 115 In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or
p.000327: 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 116 (1) Section 222 (power to raise money) is amended as follows.
p.000327:
p.000328: 328
p.000328: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000328: Part 10 — Property and finance
p.000328:
p.000328: (2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
p.000328: (3) After subsection (3) insert—
p.000328: “(3A) In subsection (3) “appropriate authority” means—
p.000328: (a) in relation to a clinical commissioning group, the Board, and
p.000328: (b) in relation to any other body to which this section applies, the Secretary of State.”
p.000328: (4) In subsection (9), for “section 224 or 226” substitute “section 225”.
p.000328: 117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State”
p.000328: insert “or the Board”.
p.000328: (2) After that section insert—
p.000328: “223A Application of section 223 to clinical commissioning groups
p.000328: (1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
p.000328: (2) But the powers conferred by that section are exercisable by a clinical commissioning group only for
p.000328: the purpose of securing improvement—
p.000328: (a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
p.000328: (b) in the prevention, diagnosis and treatment of illness in such people.”
p.000328: 118 Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
p.000328: 119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is
p.000328: amended as follows.
p.000328: (2) Omit subsection (1).
p.000328: (3) In subsection (3) —
p.000328: (a) omit “Strategic Health Authority or”, and
p.000328: (b) for “subsection (1) or (2)” substitute “subsection (2)”.
p.000328: (4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
p.000328: (5) In subsection (5) omit “Strategic Health Authority or”.
p.000328: (6) In subsection (6) omit “Strategic Health Authority or”.
p.000328: (7) In subsection (7)—
p.000328: (a) in paragraph (a) omit “specified Strategic Health Authority or”,
p.000328: (b) omit paragraph (b)(i) and the word “or” immediately following it, and
p.000328: (c) omit paragraph (c)(i) and the word “or” immediately following it, and
p.000328: (d) in the words following paragraph (c) omit “Strategic Health Authority or”.
p.000328: (8) In the heading to the section, omit “Strategic Health Authorities and”.
p.000328:
p.000328: Health and Social Care Act 2012 (c. 7)
p.000328: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000329: 329
p.000329: 120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is
p.000329: amended as follows.
p.000329: (2) In subsection (1), omit “Strategic Health Authority and each”.
p.000329: (3) In subsection (2)(b) omit “Strategic Health Authority or”.
p.000329: (4) In subsection (3) omit “Strategic Health Authority or”.
p.000329: (5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
p.000329: (6) In the heading to the section, omit “Strategic Health Authorities and”.
p.000329: 121 Omit sections 228 to 231 (funding of Primary Care Trusts etc).
p.000329: 122 In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
p.000329: 123 (1) Section 236 (payment for medical examination before application for admission to hospital
p.000329: under the Mental Health Act) is amended as follows.
p.000329: (2) In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning
p.000329: group”.
p.000329: (3) In subsection (2)(b)—
p.000329: (a) after “report made” insert “—
p.000329: (i) ”,
p.000329: (b) omit “a Primary Care Trust,”,
p.000329: (c) before “NHS trust” insert “an”, and
p.000329: (d) at the end insert “, or
p.000329: (ii) pursuant to arrangements made by the National Health Service Commissioning Board or a
p.000329: clinical commissioning group, or
p.000329: (iii) pursuant to arrangements made in the exercise (by any person) of the public health functions
p.000329: of the Secretary of State or a local authority.”
...
p.000334:
p.000334: Health and Social Care Act 2012 (c. 7)
p.000334: Schedule 5 — Part 1: amendments of other enactments
p.000334: Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
p.000335: 335
p.000335: 5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
p.000335: (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
p.000335: (a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service
p.000335: Commissioning Board, a clinical commissioning group,”,
p.000335: (b) in that column, omit “a Strategic Health Authority,”,
p.000335: (c) in the second column (headed “paying authority”), after “The” insert “National Health Service
p.000335: Commissioning Board, clinical commissioning group,”, and
p.000335: (d) in that column, omit “Strategic Health Authority,”.
p.000335: Public Records Act 1958 (c. 51)
p.000335: 6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in
p.000335: paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
p.000335: (a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical
p.000335: commissioning groups,”,
p.000335: (b) after “records of trust property passing to” insert “the National Health Service Commissioning
p.000335: Board, a clinical commissioning group,”,
p.000335: (c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or
p.000335: section 300 of the Health and Social Care Act 2012”,
p.000335: (d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
p.000335: and
p.000335: (e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or
p.000335: paragraph 20 of Schedule 1A to, that Act, or under”.
p.000335: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000335: 7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act
p.000335: applies), in paragraph 1—
p.000335: (a) omit paragraph (ea),
p.000335: (b) before paragraph (g) insert—
p.000335: “(fa) the National Health Service Commissioning Board, except as regards the exercise of functions under the
p.000335: National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or
p.000335: replacing those Regulations;”, and
p.000335: (c) omit paragraph (gg).
p.000335: Parliamentary Commissioner Act 1967 (c. 13)
p.000335: 8 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to
p.000335: investigation), in paragraph 8—
p.000335: (a) in sub-paragraph (1)—
p.000335:
p.000336: 336
p.000336: Health and Social Care Act 2012 (c. 7)
p.000336: Schedule 5 — Part 1: amendments of other enactments
p.000336:
p.000336: (i) after “Secretary of State by” insert “a local authority, the National Health Service Commissioning
p.000336: Board, a clinical commissioning group”,
...
p.000347: by him with the National Health Service Commissioning Board”, and
p.000347: (g) in the words after that paragraph, omit “Trust, Authority or.”
p.000347: Health Service Commissioners Act 1993 (c. 46)
p.000347: 67 The Health Service Commissioners Act 1993 is amended as follows.
p.000347: 68 In section 2 (health service bodies subject to investigation), in subsection (1)—
p.000347: (a) omit paragraph (a),
p.000347: (b) omit paragraph (da), and
p.000347: (c) after paragraph (db) insert—
p.000347: “(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.”
p.000347: 69 In section 2A (health service providers subject to investigation), in subsection (1)(a)
p.000347: for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
p.000347: 70 (1) Section 14 (reports etc. by the Commissioner) is amended as follows.
p.000347: (2) In subsection (1)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: (3) In subsection (2A)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (4) In subsection (2C)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (5) Omit subsection (2E)(e).
p.000347: (6) In subsection (2G)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: Health Authorities Act 1995 (c. 17)
p.000347: 71 In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in
p.000347: paragraph 2—
p.000347: (a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
p.000347: (b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.
p.000347: Employment Rights Act 1996 (c. 18)
p.000347: 72 The Employment Rights Act 1996 is amended as follows.
p.000347: 73 In section 43K (extension of meaning of “worker” etc for Part 4A)—
p.000347:
p.000348: 348
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000348:
p.000348: (a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National
p.000348: Health Service Commissioning Board”,
p.000348: (b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service
p.000348: Commissioning Board”, and
p.000348: (c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning
p.000348: Board, or the”.
p.000348: 74 In section 50 (right to time off for public duties), in subsection (8)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,” and
p.000348: (b) in paragraph (b)—
p.000348: (i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
p.000348: (ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000348: 75 In section 218 (change of employer), in subsection (10)—
...
p.000381: of State’s guidance on duty under section 62(9)), and
p.000381: (c) include a statement of what it did to comply with the duty under section 66(2)(h) (duty to have regard to
p.000381: Secretary of State’s guidance on relevant parts of document on improving quality of services).
p.000381: (3) Monitor must—
p.000381: (a) lay a copy of the report before Parliament, and
p.000381: (b) once it has done so, send a copy of it to the Secretary of State.
p.000381: (4) Monitor must provide the Secretary of State with—
p.000381: (a) such other reports and information relating to the exercise of Monitor’s functions as the Secretary of
p.000381: State may require;
p.000381: (b) such information about NHS foundation trusts that Monitor has in its possession as the Secretary of State may
p.000381: require.
p.000381: Recommendations by Committees in Parliament
p.000381: 22 Monitor must respond in writing to any recommendation about its exercise of its functions that a
p.000381: Committee of either House of Parliament or a Committee of both Houses makes.
p.000381: Seal and evidence
p.000381: 23 (1) The application of Monitor’s seal must be authenticated by the signature of the chair or any other
p.000381: person who has been authorised (generally or specifically) for that purpose.
p.000381: (2) A document purporting to be duly executed under Monitor’s seal or to be signed on its behalf must be received in
p.000381: evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000381: Status
p.000381: 24 (1) Monitor must not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or
p.000381: privilege of the Crown.
p.000381: (2) Monitor’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000381:
p.000382: 382
p.000382:
p.000382:
p.000382:
p.000382: Procedure
p.000382: Health and Social Care Act 2012 (c. 7) Schedule 9 — Requirements under section 77: undertakings
p.000382: SCHEDULE 9 Section 77
p.000382: REQUIREMENTS UNDER SECTION 77: UNDERTAKINGS
p.000382: 1 (1) Monitor must publish a procedure for entering into section 77 undertakings.
p.000382: (2) Monitor may revise the procedure and, if it does so, Monitor must publish the procedure as revised.
p.000382: (3) Monitor must consult such persons as it considers appropriate before publishing or revising the
p.000382: procedure.
p.000382: 2 (1) Where Monitor accepts a section 77 undertaking, Monitor must publish the undertaking.
p.000382: (2) But Monitor must not under sub-paragraph (1) publish any part of a section 77 undertaking which contains
p.000382: information which it is satisfied is—
p.000382: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000382: business interests of the person to whom it relates;
p.000382: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000382: might, significantly harm that person’s interests.
p.000382: Variation of terms
p.000382: 3 The terms of a section 77 undertaking (including, in particular, the action specified under it and the
p.000382: period so specified within which the action must be taken) may be varied if both the person giving the
p.000382: undertaking and Monitor agree.
p.000382: Compliance certificates
...
p.000428: Schedule 16 — The National Institute for Health and Care Excellence
p.000429: 429
p.000429: financial year to which the accounts relate as the Secretary of State may direct.
p.000429: (3) The Comptroller and Auditor General must—
p.000429: (a) examine, certify and report on the annual accounts, and
p.000429: (b) lay copies of them and the report before Parliament.
p.000429: 15 (1) The Secretary of State may, with the approval of the Treasury, direct NICE to prepare accounts in respect of
p.000429: such period or periods as may be specified in the direction (“interim accounts”).
p.000429: (2) NICE must send copies of any interim accounts to the Secretary of State and the Comptroller and Auditor General
p.000429: within such period as the Secretary of State may direct.
p.000429: (3) The Comptroller and Auditor General must—
p.000429: (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
p.000429: (b) if the Secretary of State so directs—
p.000429: (i) send a copy of the report on the accounts to the Secretary of State, and
p.000429: (ii) lay copies of them and the report before Parliament.
p.000429: Seal and evidence
p.000429: 16 (1) The application of NICE’s seal must be authenticated by the signature of the chair or of any employee who
p.000429: has been authorised (generally or specifically) for that purpose.
p.000429: (2) A document purporting to be duly executed under NICE’s seal or to be signed on its behalf must be
p.000429: received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000429: Status
p.000429: 17 (1) NICE must not be regarded as the servant or agent of the Crown or as enjoying any status,
p.000429: immunity or privilege of the Crown.
p.000429: (2) NICE’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000429:
p.000429:
p.000429: SCHEDULE 17 Section 249
p.000429: PART 8: CONSEQUENTIAL AMENDMENTS
p.000429: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000429: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000429: Act applies) in paragraph 1, after paragraph (m) insert—
p.000429: “(n) the National Institute for Health and Care Excellence;”.
p.000429:
p.000430: 430
p.000430:
p.000430: Parliamentary Commissioner Act 1967 (c. 13)
p.000430: Health and Social Care Act 2012 (c. 7) Schedule 17 — Part 8: consequential amendments
p.000430: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000430: the appropriate place insert—
p.000430: “National Institute for Health and Care Excellence.”
p.000430: Local Government Act 1972 (c. 70)
p.000430: 3 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000430: other local authorities and health bodies) in subsection (1A)—
p.000430: (a) after “agreement with” insert “the National Institute for Health and Care Excellence,”,
p.000430: (b) in paragraph (a), after “disposal of” insert “the National Institute for Health and Care Excellence,”, and
p.000430: (c) in paragraph (b), after “employed by” insert “the National Institute for Health and Care Excellence,”.
p.000430: House of Commons Disqualification Act 1975 (c. 24)
p.000430: 4 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000430: members are disqualified) at the appropriate place insert—
p.000430: “The National Institute for Health and Care Excellence.”
p.000430: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
...
p.000436: (a) examine, certify and report on the annual accounts, and
p.000436: (b) lay copies of them and the report before Parliament.
p.000436: 15 (1) The Secretary of State may, with the approval of the Treasury, direct the Information Centre to prepare
p.000436: accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).
p.000436: (2) The Information Centre must send copies of any interim accounts to the Secretary of State and the
p.000436: Comptroller and Auditor General within such period as the Secretary of State may direct.
p.000436: (3) The Comptroller and Auditor General must—
p.000436: (a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (2), and
p.000436: (b) if the Secretary of State so directs—
p.000436: (i) send a copy of the report on the accounts to the Secretary of State, and
p.000436: (ii) lay copies of them and the report before Parliament.
p.000436:
p.000436: Health and Social Care Act 2012 (c. 7)
p.000436: Schedule 18 — The Health and Social Care Information Centre
p.000436: Seal and evidence
p.000437: 437
p.000437: 16 (1) The application of the Information Centre’s seal must be authenticated by the signature of the chair or
p.000437: of any employee who has been authorised (generally or specifically) for that purpose.
p.000437: (2) A document purporting to be duly executed under the Information Centre’s seal or to be signed on its behalf must
p.000437: be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
p.000437: Status
p.000437: 17 (1) The Information Centre must not be regarded as the servant or agent of the Crown or as enjoying any status,
p.000437: immunity or privilege of the Crown.
p.000437: (2) The Information Centre’s property must not be regarded as property of, or property held on behalf of, the Crown.
p.000437:
p.000437:
p.000437: SCHEDULE 19 Section 277
p.000437: PART 9: CONSEQUENTIAL AMENDMENTS
p.000437: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000437: 1 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that
p.000437: Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert—
p.000437: “(o) the Health and Social Care Information Centre.”
p.000437: Parliamentary Commissioner Act 1967 (c. 13)
p.000437: 2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at
p.000437: the appropriate place insert—
p.000437: “Health and Social Care Information Centre.”
p.000437: House of Commons Disqualification Act 1975 (c. 24)
p.000437: 3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000437: 4 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all
p.000437: members are disqualified) at the appropriate place insert—
p.000437: “The Health and Social Care Information Centre.”
p.000437: Access to Health Records Act 1990 (c. 23)
p.000437: 5 In section 11 of the Access to Health Records Act 1990 (interpretation) in the
p.000437:
p.000438: 438
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: definition of “health service body”, at the end insert—
...
p.000449: “(f) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by the National
p.000449: Health Service Commissioning Board under or by virtue of the National Health Service Act 2006,”
p.000449: 31 (1) Section 115 (national disqualification) is amended as follows.
p.000449: (2) In subsection (1)—
p.000449: (a) omit paragraph (e),
p.000449:
p.000450: 450
p.000450: Health and Social Care Act 2012 (c. 7)
p.000450: Schedule 21 — Amendments relating to relationships between the health services
p.000450: (b) after that paragraph insert—
p.000450: “(f) the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by the National Health
p.000450: Service Commissioning Board under or by virtue of the National Health Service Act 2006,”
p.000450: (c) after “such lists prepared by each Local Health Board” insert “and the National Health Service Commissioning
p.000450: Board”, and
p.000450: (d) omit “and each Primary Care Trust”.
p.000450: (3) In subsection (6)—
p.000450: (a) in paragraph (a)—
p.000450: (i) omit “or Primary Care Trust”, and
p.000450: (ii) before “may include” insert “or the National Health Service Commissioning Board”, and
p.000450: (b) in paragraph (b)—
p.000450: (i) omit “and each Primary Care Trust”, and
p.000450: (ii) after “included” insert “, and the National Health Service Commissioning Board,”.
p.000450: 32 In section 131 (payment of travelling expenses), in paragraph (c) omit “, and, in such cases as may be
p.000450: prescribed, to a Primary Care Trust,”.
p.000450: 33 In section 144 (persons and bodies about which provision is made), in subsection (2) for
p.000450: “section 22(6)” substitute “section 206(1)”.
p.000450: 34 In section 161 (transfers of trust property), in subsection (2)(c)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”
p.000450: 35 (1) Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
p.000450: (2) In subsection (1)—
p.000450: (a) after the first “by” insert “the National Health Service Commissioning Board, a clinical
p.000450: commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: (3) In subsection (3)(a)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: 36 In section 181 (payment for medical examination before application for admission to hospital
p.000450: under the Mental Health Act), in subsection (2)(b)—
p.000450: (a) omit “a Primary Care Trust,”, and
p.000450: (b) before “NHS trust” insert “an”.
p.000450: 37 In section 197 (university clinical teaching and research), in subsection (2)(a)—
p.000450: (a) after “exercisable by” insert “the National Health Service Commissioning Board,”,
p.000450: (b) after “a” insert “clinical commissioning group,”,
p.000450: (c) omit “a Strategic Health Authority,”, and
p.000450: (d) omit “Primary Care Trust,”.
p.000450:
p.000450: Health and Social Care Act 2012 (c. 7)
p.000450: Schedule 21 — Amendments relating to relationships between the health services
p.000450: 38 (1) In section 206 (interpretation), in subsection (1)—
p.000450: (a) before the definition of “dental practitioner” insert—
p.000451: 451
p.000451: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000451: Service Act 2006,”,
p.000451: (b) after the definition of “modifications” insert—
p.000451: ““NHS body” means—
p.000451: (a) a Special Health Authority,
...
p.000452: services contracts) is amended as follows.
p.000452: (2) In paragraph (2)—
p.000452: (a) in sub-paragraph (g)—
p.000452: (i) omit paragraph (i),
p.000452: (ii) omit paragraph (ii), and
p.000452: (iii) omit paragraph (iii),
p.000452: (b) after that sub-paragraph insert—
p.000452: “(ga) the National Health Service Commissioning Board; (gb) clinical commissioning groups established
p.000452: under
p.000452: section 14D of the National Health Service Act 2006;
p.000452: (gc) Special Health Authorities established under section 28 of that Act;
p.000452: (gd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;
p.000452: (ge) Local Health Boards established under section 11 of that Act;
p.000452: (gf) NHS trusts established under section 18 of that Act;”,
p.000452:
p.000452: Health and Social Care Act 2012 (c. 7)
p.000452: Schedule 21 — Amendments relating to relationships between the health services
p.000452: (c) in sub-paragraph (h) after paragraph (i) insert—
p.000452: “(ia) Special Health Boards;”,
p.000452: (d) after sub-paragraph (h) insert—
p.000452: “(ha) Healthcare Improvement Scotland,”,
p.000452: (e) omit sub-paragraph (i), and
p.000452: (f) before sub-paragraph (j) insert—
p.000453: 453
p.000453: “(ia) the National Institute for Health and Care Excellence; (ib) the Health and Social Care Information
p.000453: Centre;”.
p.000453: (3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub- paragraphs (g) to (gf), (h), (ha),
p.000453: (ia), (ib) and (j) of paragraph (2)”.
p.000453:
p.000453:
p.000453: SCHEDULE 22 Section 300(2)
p.000453: PROPERTY TRANSFER SCHEMES
p.000453:
p.000453:
p.000453:
p.000453: Transferor
p.000453: A Primary Care Trust
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453: A Strategic Health Authority
p.000453: Permitted transferees
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453: A clinical commissioning group A local authority
p.000453: The Care Quality Commission Monitor
p.000453: A Special Health Authority
p.000453: Any public authority which provides services as part of the health service in England
p.000453: Any other person who provides services as part of the health service in England and consents to the
p.000453: transfer
p.000453: A qualifying company
p.000453: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000453: Mental Health Act 1983
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453:
p.000454: 454
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000454:
p.000454:
p.000454: Transferor
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454: The Special Health Authority known as the National Institute for Health and Clinical Excellence
p.000454: The Special Health Authority known as the Health and Social Care Information Centre
p.000454: The Special Health Authority known as the NHS Institute for Innovation and Improvement
p.000454: The Special Health Authority known as the National Patient Safety Agency
p.000454:
p.000454:
p.000454: The Special Health Authority known as the NHS Business Services Authority
p.000454: The Appointments Commission
p.000454:
p.000454: The General Social Care Council
p.000454: Permitted transferees A clinical commissioning group A local authority
p.000454: The Care Quality Commission
p.000454: Monitor
p.000454: A Special Health Authority
p.000454: Any public authority which provides services as part of the health service in England
p.000454: Any other person who provides services as part of the health service in England and consents to the
p.000454: transfer
p.000454: A qualifying company
p.000454: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000454: Mental Health Act 1983
p.000454: The National Institute for Health and Care Excellence (established under section 232)
p.000454: The Health and Social Care Information Centre (established under section 252)
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454: The Health and Social Care Information Centre
p.000454: The Health and Social Care Information Centre
p.000454: A Minister of the Crown
p.000454: A Special Health Authority The Secretary of State
p.000454: The Health and Care Professions Council
p.000454:
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000455: 455
p.000455:
p.000455:
p.000455: Transferor
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: The Health Protection Agency The Secretary of State
p.000455: Permitted transferees
p.000455: A person authorised by the Secretary of State under subsection (5)(b) of section
p.000455: 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section
p.000455: Any other person who carries on activities in connection with social work or social care work
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: The Health and Social Care Information Centre
p.000455: A Special Health Authority A qualifying company
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: SCHEDULE 23 Section 300(3)
p.000455: STAFF TRANSFER SCHEMES
p.000455:
p.000455:
p.000455:
p.000455: Transferor
p.000455: Any Primary Care Trust
p.000455: Permitted transferees
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: A clinical commissioning group A local authority
p.000455: The Care Quality Commission A Special Health Authority
p.000455: Any public authority which exercises functions in relation to health and is prescribed in regulations
p.000455: A qualifying company
p.000455:
p.000456: 456
p.000456: Health and Social Care Act 2012 (c. 7) Schedule 23 — Staff transfer schemes
p.000456:
p.000456:
p.000456: Transferor
p.000456:
...
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p.000210: (b) a person of a prescribed description may not perform local pharmaceutical services unless the person is
p.000210: included in a list prepared by virtue of subsection (1)(b).
p.000210: (3) The regulations may, in particular, also include provision as to—
p.000210: (a) the preparation, maintenance and publication of a list,
p.000210: (b) eligibility for inclusion in a list,
p.000210: (c) applications for inclusion (including provision for the procedure for applications and the
p.000210: documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
p.000210: (d) the grounds on which an application for inclusion may or must be granted or refused or on which a
p.000210: decision on such an application may be deferred,
p.000210: (e) requirements with which a person included in a list must comply (including the declaration of financial
p.000210: interests and gifts and other benefits),
p.000210: (f) the grounds on which the Board may or must suspend or remove a person from a list, the procedure for
p.000210: doing so, and the consequences of doing so,
p.000210: (g) circumstances in which a person included in a list may not withdraw from it,
p.000210: (h) payments to or in respect of a person suspended from a list (including provision for the amount
p.000210: of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed
p.000210: by the Secretary of State),
p.000210: (i) the supply to the Board by an applicant for inclusion in a list, or by a person included in a list, of a
p.000210: criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under
p.000210: section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act,
p.000210: (j) the criteria to be applied in making decisions under the regulations,
p.000210:
p.000210: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000211: 211
p.000211:
p.000211: (k) appeals against decisions made by the Board under the regulations, and
p.000211: (l) disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or
p.000211: removals,
p.000211: and may make any provision corresponding to anything in sections 151 to 159.
p.000211: (4) Regulations under this section may, in particular, also provide that approval for the purposes of
p.000211: either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section
p.000211: as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to
p.000211: be read accordingly).
p.000211: (5) Regulations under this section may, in particular, also provide for—
p.000211: (a) a person’s inclusion in a list to be subject to conditions determined by the Board,
p.000211: (b) the Board to vary the conditions or impose different ones,
p.000211: (c) the consequences of failing to comply with a condition (including suspension or removal from a
p.000211: list),
p.000211: (d) the review by the Board of decisions made by it by virtue of the regulations.
...
Social / Soldier
Searching for indicator armed forces:
(return to top)
p.000007:
p.000007: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000007: After section 3 of the National Health Service Act 2006 insert—
p.000007: “3A Power of clinical commissioning groups to commission certain health services
p.000007: (1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers
p.000007: appropriate for the purposes of the health service that relate to securing improvement—
p.000007: (a) in the physical and mental health of the persons for whom it has responsibility, or
p.000007: (b) in the prevention, diagnosis and treatment of illness in those persons.
p.000007:
p.000007: Health and Social Care Act 2012 (c. 7)
p.000009: 9
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1)
p.000009: if the Board has a duty to arrange for its provision by virtue of section 3B or 4.
p.000009: (3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the
p.000009: purposes of that section.”
p.000009:
p.000009: 15 Power to require Board to commission certain health services
p.000009: After section 3A of the National Health Service Act 2006 insert—
p.000009: “3B Secretary of State’s power to require Board to commission services
p.000009: (1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet
p.000009: all reasonable requirements, for the provision as part of the health service of—
p.000009: (a) dental services of a prescribed description;
p.000009: (b) services or facilities for members of the armed forces or their families;
p.000009: (c) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed
p.000009: description;
p.000009: (d) such other services or facilities as may be prescribed.
p.000009: (2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers
p.000009: that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for
p.000009: its provision as part of the health service.
p.000009: (3) In deciding whether it would be so appropriate, the Secretary of State must have regard to—
p.000009: (a) the number of individuals who require the provision of the service or facility;
p.000009: (b) the cost of providing the service or facility;
p.000009: (c) the number of persons able to provide the service or facility;
p.000009: (d) the financial implications for clinical commissioning groups if they were required to arrange for the provision
p.000009: of the service or facility.
p.000009: (4) Before deciding whether to make regulations under this section, the Secretary of State must—
p.000009: (a) obtain advice appropriate for that purpose, and
p.000009: (b) consult the Board.
p.000009: (5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of—
p.000009: (a) the regular forces within the meaning of the Armed Forces Act 2006, or
p.000009: (b) the reserve forces within the meaning of that Act.”
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
p.000009: 10 Health and Social
p.000009: Care Act 2012 (c. 7)
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must
p.000009: arrange for the provision of”.
p.000009: (3) In subsection (3)—
p.000009: (a) after “may be provided” insert “—
p.000009: (a) ”, and
p.000009: (b) after paragraph (a) insert “, and
p.000009: (b) only by a person approved by the Secretary of State for the purposes of this subsection.”
p.000009: (4) After subsection (3) insert—
p.000009: “(3A) The Secretary of State may—
p.000009: (a) give directions to a person who provides high security psychiatric services about the provision
p.000009: by that person of those services;
p.000009: (b) give directions to the Board about the exercise of its functions in relation to high security psychiatric
p.000009: services.”
p.000009:
p.000009: 17 Other services etc. provided as part of the health service
p.000009: (1) In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and
p.000009: services under this Act” substitute “about the provision of services for the purposes of the health service in
p.000009: England”.
p.000009: (2) Schedule 1 to that Act is amended as follows.
p.000009: (3) In paragraph 1 (medical inspection of pupils)—
...
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
p.000075: (b) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of “duly approved”,
p.000075: (c) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation),
p.000075: in the definition of “duly approved”,
p.000075: (d) in section 157(6) of the Criminal Justice Act 2003 (mentally disordered offenders: definition of “medical
p.000075: report”),
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
...
Social / Threat of Violence
Searching for indicator violence:
(return to top)
p.000075: (e) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc: definition of “duly approved”), and
p.000075: (f) in section 258(5) of that Act (mentally disordered offenders), in the definition of “medical report”.
p.000075:
p.000075: 39 Discharge of patients
p.000075: (1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).
p.000075: (2) In section 24 of that Act (visiting and examination of patients), omit subsections
p.000075: (3) and (4).
p.000075: (3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to
p.000075: hospital and guardianship orders)—
p.000075: (a) in Part 1, in paragraph 1, omit “24(3) and (4),”, and
p.000075: (b) in Part 2, in paragraph 1, omit “24(3) and (4),”.
p.000075: (4) In consequence of the repeals made by this section—
p.000075: (a) in the National Health Service and Community Care Act 1990, in Schedule 9—
p.000075: (i) omit paragraph 24(3)(a) and the “and” following it, and
p.000075: (ii) omit paragraph 24(4),
p.000075: (b) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),
p.000075:
p.000075: 76 Health and Social
p.000075: Care Act 2012 (c. 7)
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (c) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
p.000075: (d) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a)
p.000075: and 54,
p.000075: (e) in the Domestic Violence, Crime and Victims Act 2004— (i) omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
p.000075: (ii) in section 37A(7)(a), omit “, (5)”, and
p.000075: (iii) in section 43A(7), omit “, (5)”, and
p.000075: (f) in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).
p.000075:
p.000075: 40 After-care
p.000075: (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
p.000075: (2) In subsection (2)—
p.000075: (a) after “duty of the” insert “clinical commissioning group or”,
p.000075: (b) omit “Primary Care Trust or” in each place it appears, and
p.000075: (c) after “such time as the” insert “clinical commissioning group or”.
p.000075: (3) After subsection (2C) insert—
p.000075: “(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide”
p.000075: there were substituted “to arrange for the provision of”.
p.000075: (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning
p.000075: group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead
p.000075: on another clinical commissioning group or the National Health Service Commissioning Board.
p.000075: (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is
p.000075: to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the
p.000075: reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
p.000075: (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under
...
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
...
p.000410:
p.000410: Health and Social Care Act 2012 (c. 7)
p.000410: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000410: (a) in the definition of “English NHS body” omit paragraph (c), and
p.000411: 411
p.000411: (b) in paragraph (b) of the definition of “Welsh NHS body”, omit the words from “all or most” to the end.
p.000411: 91 In section 160 (provision of information in personal injury cases), in subsection (4), in the
p.000411: definition of “ambulance trust”, in paragraph (a)(i), omit “section 25 of the 2006 Act,”.
p.000411: 92 In section 162 (payment of NHS charges to hospitals or ambulance trusts), in subsection (6), in the
p.000411: definition of “relevant ambulance trust”—
p.000411: (a) before paragraph (a) insert—
p.000411: “(za) in relation to England, means the NHS foundation trust which is designated by the Secretary of State
p.000411: for the purposes of this section in relation to the health service hospital to which the injured person was
p.000411: taken for treatment,”,
p.000411: (b) in paragraph (a) omit “England or”,
p.000411: (c) in sub-paragraph (i) of that paragraph omit “section 25 of the 2006 Act or”, and
p.000411: (d) omit sub-paragraph (ii) of that paragraph (and the preceding “or”).
p.000411: 93 In section 165 (power to apply provisions about recovery of charges to non NHS hospitals), in subsection
p.000411: (3)(b)(ii) omit “section 25 of the 2006 Act,”.
p.000411: Finance Act 2004 (c. 12)
p.000411: 94 In section 59 of the Finance Act 2004 (contractors), in subsection (5), in the definition of “NHS trust”,
p.000411: in paragraph (a) omit “section 25 of the National Health Service Act 2006 or”.
p.000411: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000411: 95 In section 9(4)(a) of the Domestic Violence, Crime and Victims Act 2004 (duty to have regard to
p.000411: guidance on conduct of domestic homicide reviews), in the entry for NHS trusts omit “section 25 of the National Health
p.000411: Service Act 2006 or”.
p.000411: Children Act 2004 (c. 31)
p.000411: 96 The Children Act 2004 is amended as follows.
p.000411: 97 In section 11(1) (NHS trusts’ duty to promote the safety and welfare of children), omit
p.000411: paragraph (f).
p.000411: 98 In section 13(3) (Local Safeguarding Children Boards), in paragraph (f) omit “an NHS trust and”.
p.000411: 99 In section 28(1) (arrangements to safeguard and promote welfare: Wales), in paragraph (c) omit the words
p.000411: from “all or most” to the end.
p.000411: Civil Contingencies Act 2004 (c. 36)
p.000411: 100 In Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (category 1 responders to
p.000411: emergencies), in paragraph 5 omit “section 25 of the 2006 Act, or”.
p.000411:
p.000412: 412
p.000412: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000412: Part 2 — Amendments of other Acts
p.000412: National Health Service (Wales) Act 2006 (c. 42)
p.000412: 101 In section 206(1) of the National Health Service Act (Wales) 2006 (interpretation),
p.000412: omit the definition of “NHS trust”.
...
Social / Trade Union Membership
Searching for indicator union:
(return to top)
p.000097: (a) a failure to perform a function includes a failure to perform it properly, and
p.000097: (b) a failure to perform a function properly includes a failure to perform it consistently with what the
p.000097: Secretary of State considers to be the interests of the health service in England or (as the case may be) with
p.000097: what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service”
p.000097: has the same meaning as in the National Health Service Act 2006.
p.000097:
p.000097: CHAPTER 2
p.000097: COMPETITION
p.000097:
p.000097: 72 Functions under the Competition Act 1998
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than
p.000097: sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of
p.000097: health care services in England—
p.000097:
p.000097: 98 Health and Social
p.000097: Care Act 2012 (c. 7)
p.000097: Part 3 — Regulation of health and adult social care services
p.000097: Chapter 2 — Competition
p.000097:
p.000097: (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive
p.000097: practices),
p.000097: (b) conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
p.000097: (c) agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the
p.000097: Functioning of the European Union (anti-competitive practices),
p.000097: (d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act
p.000097: 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6),
p.000097: 38(1) to (6), 51, 52(6) and (8) and 54.
p.000097:
p.000097: 73 Functions under Part 4 of the Enterprise Act 2002
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market
p.000097: investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of
p.000097: health care services in England.
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002
p.000097: to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to
p.000097: be read as including references to Monitor, except in sections 166 and 171.
p.000097: (4) Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by
p.000097: virtue of this section, it must consult the other.
p.000097: (5) Neither the Office of Fair Trading nor Monitor may exercise in relation to any matter functions which are
p.000097: exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in
p.000097: relation to that matter by the other.
...
p.000346: 63 In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
p.000346: (a) in paragraph (a)—
p.000346: (i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust or”, and
p.000346: (b) in paragraph (aa)—
p.000346: (i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health
p.000346: Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust, Authority or”.
p.000346: 64 In section 11 (interpretation)—
p.000346: (a) in the definition of “health service body”, in paragraph (a)—
p.000346: (i) omit “Strategic Health Authority,”,
p.000346: (ii) for “, Local” substitute “or Local”, and
p.000346: (iii) omit “or Primary Care Trust”,
p.000346: (b) omit the definition of “Primary Care Trust”, and
p.000346: (c) omit the definition of “Strategic Health Authority”.
p.000346: London Local Authorities Act 1991 (c. xiii)
p.000346: 65 In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment
p.000346: for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National
p.000346: Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service
p.000346: Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006
p.000346: (including by virtue of section 7A of that Act)”.
p.000346: Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
p.000346: 66 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service
p.000346: practitioners)—
p.000346: (a) in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service
p.000346: Commissioning Board”,
p.000346: (b) in that paragraph, after “or” (in the first place it occurs) insert “a”,
p.000346: (c) in the words after paragraph (b) in that subsection, omit “authority or”,
p.000346: (d) in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or”
p.000346: substitute “the National Health Service Commissioning Board or a”,
p.000346: (e) in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service
p.000346: Commissioning Board or a”,
p.000346:
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000347: 347
p.000347: (f) in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into
p.000347: by him with the National Health Service Commissioning Board”, and
p.000347: (g) in the words after that paragraph, omit “Trust, Authority or.”
p.000347: Health Service Commissioners Act 1993 (c. 46)
p.000347: 67 The Health Service Commissioners Act 1993 is amended as follows.
p.000347: 68 In section 2 (health service bodies subject to investigation), in subsection (1)—
p.000347: (a) omit paragraph (a),
p.000347: (b) omit paragraph (da), and
p.000347: (c) after paragraph (db) insert—
p.000347: “(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.”
...
Social / Victim of Abuse
Searching for indicator abuse:
(return to top)
p.000097: (5) Where the Secretary of State exercises a power under subsection (2) or (4), the Secretary of State must publish
p.000097: the reasons for doing so.
p.000097: (6) For the purposes of this section—
p.000097: (a) a failure to perform a function includes a failure to perform it properly, and
p.000097: (b) a failure to perform a function properly includes a failure to perform it consistently with what the
p.000097: Secretary of State considers to be the interests of the health service in England or (as the case may be) with
p.000097: what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service”
p.000097: has the same meaning as in the National Health Service Act 2006.
p.000097:
p.000097: CHAPTER 2
p.000097: COMPETITION
p.000097:
p.000097: 72 Functions under the Competition Act 1998
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 1 of the Competition Act 1998, other than
p.000097: sections 31D(1) to (6), 38(1) to (6) and 51, so far as relating to any of the following which concern the provision of
p.000097: health care services in England—
p.000097:
p.000097: 98 Health and Social
p.000097: Care Act 2012 (c. 7)
p.000097: Part 3 — Regulation of health and adult social care services
p.000097: Chapter 2 — Competition
p.000097:
p.000097: (a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act (anti-competitive
p.000097: practices),
p.000097: (b) conduct of the kind mentioned in section 18(1) of that Act (abuse of dominant position),
p.000097: (c) agreements, decisions or concerted practices of the kind mentioned in Article 101 of the Treaty on the
p.000097: Functioning of the European Union (anti-competitive practices),
p.000097: (d) conduct which amounts to abuse of the kind mentioned in Article 102 of that Treaty (abuse of dominant position).
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 1 of the Competition Act
p.000097: 1998 to the Office of Fair Trading are to be read as including references to Monitor, except in sections 31D(1) to (6),
p.000097: 38(1) to (6), 51, 52(6) and (8) and 54.
p.000097:
p.000097: 73 Functions under Part 4 of the Enterprise Act 2002
p.000097: (1) The functions referred to in subsection (2) are concurrent functions of Monitor and the Office of Fair Trading.
p.000097: (2) The functions are those that the Office of Fair Trading has under Part 4 of the Enterprise Act 2002 (market
p.000097: investigations), other than sections 166 and 171, so far as relating to activities which concern the provision of
p.000097: health care services in England.
p.000097: (3) So far as necessary for the purposes of subsections (1) and (2), references in Part 4 of the Enterprise Act 2002
p.000097: to the Office of Fair Trading (including references in provisions of that Act applied by that Part) are to
p.000097: be read as including references to Monitor, except in sections 166 and 171.
p.000097: (4) Before the Office of Fair Trading or Monitor first exercises functions which are exercisable concurrently by
p.000097: virtue of this section, it must consult the other.
p.000097: (5) Neither the Office of Fair Trading nor Monitor may exercise in relation to any matter functions which are
p.000097: exercisable concurrently by virtue of this section if functions which are so exercisable have been exercised in
p.000097: relation to that matter by the other.
p.000097: (6) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading
p.000097: information) as applied by section 180 of that Act is to have effect so far as relating to functions exercisable by
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
p.000002: 182 Activities relating to local care services
p.000002: 183 Local authority arrangements
p.000002: 184 Local arrangements: power to make further provision
p.000002: 185 Independent advocacy services
p.000002: 186 Requests, rights of entry and referrals
p.000002: 187 Annual reports
p.000002: 188 Transitional arrangements
p.000002: 189 Consequential provision
p.000002: CHAPTER 2
p.000002: LOCAL GOVERNMENT
p.000002:
p.000002: Scrutiny functions of local authorities
p.000002: 190 Scrutiny functions of local authorities
p.000002: 191 Amendments consequential on section 190
p.000002:
p.000002: Joint strategic needs assessments and strategies
p.000002: 192 Joint strategic needs assessments
p.000002: 193 Joint health and wellbeing strategies
p.000002:
p.000002: Health and Wellbeing Boards: establishment
p.000002: 194 Establishment of Health and Wellbeing Boards
p.000002:
p.000002: viii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Health and Wellbeing Boards: functions
p.000002: 195 Duty to encourage integrated working
p.000002: 196 Other functions of Health and Wellbeing Boards
p.000002:
p.000002: Health and Wellbeing Boards: supplementary
p.000002: 197 Participation of NHS Commissioning Board
p.000002: 198 Discharge of functions of Health and Wellbeing Boards
p.000002: 199 Supply of information to Health and Wellbeing Boards
p.000002:
p.000002:
p.000002:
p.000002: 200 Care Trusts
p.000002: Care Trusts
p.000002:
p.000002: CHAPTER 3
p.000002: THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
p.000002: 201 Disclosure of reports etc. by the Health Service Commissioner
p.000002: PART 6
p.000002: PRIMARY CARE SERVICES
p.000002: 202 Medical services: minor amendments
p.000002: 203 Persons eligible to enter into general dental services contracts
p.000002: 204 Arrangements under section 107 of the National Health Service Act 2006
p.000002: 205 Payments in respect of costs of sight tests
p.000002: 206 Pharmaceutical needs assessments
p.000002: 207 Control of entry on pharmaceutical lists
p.000002: 208 Lists of performers of pharmaceutical services and assistants etc.
p.000002: PART 7
p.000002: REGULATION OF HEALTH AND SOCIAL CARE WORKERS
p.000002:
p.000002: Orders under section 60 of the Health Act 1999
p.000002: 209 Power to regulate social workers etc. in England
p.000002: 210 Training etc. of approved mental health professionals in England
p.000002: 211 Orders regulating social care workers in England: further provision
p.000002:
p.000002: The General Social Care Council
p.000002: 212 Abolition of the General Social Care Council
p.000002:
p.000002: The Health and Care Professions Council
p.000002: 213 Regulation of social workers in England
p.000002: 214 The Health and Care Professions Council
p.000002: 215 Functions of the Council in relation to social work in England
p.000002: 216 Appeals in cases involving social workers in England
p.000002: 217 Approval of courses for approved mental health professionals
p.000002: 218 Exercise of function of approving courses, etc.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: ix
p.000002:
p.000002:
p.000002: 219 Arrangements with other health or social care regulators
p.000002: 220 References in enactments to registered health professionals, etc.
p.000002:
p.000002: Role of the Secretary of State
p.000002: 221 Functions of the Secretary of State in relation to social care workers
p.000002:
p.000002: The Professional Standards Authority for Health and Social Care
...
p.000002: 302 Subsequent property transfer schemes
p.000002: PART 12
p.000002: FINAL PROVISIONS
p.000002: 303 Power to make consequential provision
p.000002: 304 Regulations, orders and directions
p.000002: 305 Financial provision
p.000002: 306 Commencement
p.000002: 307 Commencement: consultation with Scottish Ministers
p.000002: 308 Extent
p.000002: 309 Short title
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Schedule 1 — The National Health Service Commissioning Board Schedule 2 — Clinical commissioning groups
p.000002: Schedule 3 — Pharmaceutical remuneration
p.000002: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000002: Part 2 — NHS Bodies Part 3 — Local authorities Part 4 — Medical services Part 5 — Dental services
p.000002: Part 6 — Ophthalmic services Part 7 — Pharmaceutical services Part 8 — Charging
p.000002: Part 9 — Fraud etc.
p.000002: Part 10 — Property and finance
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
...
p.000150: “commissioner”, in relation to a health care service, means the person who arranges for the provision of the
p.000150: service (and “commission” is to be construed accordingly);
p.000150: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act
p.000150: 1978);
p.000150: “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
p.000150: “financial year” means a period of 12 months ending with 31 March; “health care” and “health care service” each have
p.000150: the meaning given in
p.000150: section 64;
p.000150: “the NHS” has the meaning given in that section; “prescribed” means prescribed in regulations; “service” includes
p.000150: facility.
p.000150: (2) Until section 9 comes into force, the references in this Part to the National Health Service
p.000150: Commissioning Board (other than the reference in section 94(11)(b)) are to be read as references to the
p.000150: NHS Commissioning Board Authority.
p.000150: (3) Until the day specified by Secretary of State for the purposes of section 14A of the National Health Service Act
p.000150: 2006, the references in this Part to a clinical commissioning group (other than the reference in section 94(11)(a)) are
p.000150: to be read as references to a Primary Care Trust.
p.000150: (4) Until section 181 comes into force, the following provisions in this Part are to be read as if the words
p.000150: “and its Healthwatch England committee” were omitted—
p.000150: (a) section 83(4)(c);
p.000150: (b) section 84(5)(a)(iii);
p.000150: (c) section 95(2)(e);
p.000150: (d) section 100(2)(e).
p.000150: (5) Schedule 13 (which contains minor and consequential amendments) has effect.
p.000150: PART 4
p.000150: NHS FOUNDATION TRUSTS & NHS TRUSTS
p.000150:
p.000150: Governance and management
p.000150:
p.000150: 151 Governors
p.000150: (1) In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have
p.000150: governors)—
p.000150: (a) in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
p.000150: (b) in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
p.000150: (2) Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be
p.000150: appointed by PCT).
p.000150:
p.000150: Health and Social Care Act 2012 (c. 7)
p.000150: Part 4 — NHS foundation trusts & NHS trusts
p.000151: 151
p.000151:
p.000151: (3) For paragraph 9(7) of that Schedule (partnership organisations) substitute— “(7) Any organisation specified
p.000151: in the constitution for the purposes of
p.000151: this sub-paragraph may appoint one or more members of the council
p.000151: (but no more than the number specified for those purposes in the constitution).”
p.000151: (4) After paragraph 10 of that Schedule insert—
p.000151: “10A The general duties of the council of governors are—
p.000151: (a) to hold the non-executive directors individually and collectively to account for the
p.000151: performance of the board of directors, and
p.000151: (b) to represent the interests of the members of the corporation as a whole and the interests of the public.”
p.000151: (5) After paragraph 10A of that Schedule insert—
p.000151: “10B A public benefit corporation must take steps to secure that the governors are equipped with the
p.000151: skills and knowledge they require in their capacity as such.”
...
p.000205: (12) In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or
p.000205: clinical commissioning group or NHS foundation trust”.
p.000205: (13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has
p.000205: satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the
p.000205: National Health Service Act 2006 before the commencement of those subsections.
p.000205: (14) A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its
p.000205: designation as a Care Trust revoked must notify the Secretary of State of that revocation.
p.000205: (15) Despite the repeal of subsection (6) of section 77 of the National Health Service Act 2006 by subsection (8),
p.000205: that subsection continues to have effect so far as it applies to the revocation of designations—
p.000205: (a) in relation to Primary Care Trusts, until the commencement of section 34, and
p.000205: (b) in relation to NHS trusts, until the commencement of section 179.
p.000205:
p.000205: CHAPTER 3
p.000205: THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
p.000205:
p.000205: 201 Disclosure of reports etc. by the Health Service Commissioner
p.000205: In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H)
p.000205: insert—
p.000205: “(2I) Where the Commissioner is required by this section to send a report or statement of reasons to certain
p.000205: persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks
p.000205: appropriate.”
p.000205:
p.000205: PART 6
p.000205: PRIMARY CARE SERVICES
p.000205:
p.000205: 202 Medical services: minor amendments
p.000205: (1) In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services
p.000205: contracts), in subsection (3), in paragraphs (a) and (b), before “legally and beneficially” insert “both”.
p.000205: (2) In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for “may
p.000205: make” substitute “must make”.
p.000205: (3) In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act
p.000205: for the provision of primary medical services), in the definition of “qualifying body” in subsection (3),
p.000205: before “legally and beneficially” insert “both”.
p.000205:
p.000206: 206
p.000206: Health and Social Care Act 2012 (c. 7) Part 6 — Primary care services
p.000206:
p.000206: 203 Persons eligible to enter into general dental services contracts
p.000206: (1) Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services
p.000206: contracts) is amended as follows.
p.000206: (2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
p.000206: (3) After that subsection insert “,
p.000206: (d) a limited liability partnership where the conditions in subsection (2A) are satisfied.”
p.000206: (4) In subsection (2), for paragraph (b) substitute— “(b) subsection (3A) or (3B) applies.”
p.000206: (5) After that subsection insert—
p.000206: “(2A) The conditions referred to in subsection (1)(d) are that—
p.000206: (a) at least one member is a dental practitioner, and
p.000206: (b) subsection (3A) or (3B) applies.”
p.000206: (6) After subsection (3) insert—
p.000206: “(3A) This subsection applies if a partner or member who is a dental practitioner, or who falls
...
p.000238: (1E) In subsection (1D), “the social work profession in England” and “unregulated social care worker in
p.000238: England” each have the meaning given in section 25E.”
p.000238: (7) In section 26B of that Act (duty of the Authority to inform and consult the public), after
p.000238: subsection (1) insert—
p.000238: “(1A) The references in subsection (1) to the Authority’s functions do not include a reference to its
p.000238: accreditation functions.
p.000238: (1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its
p.000238: accreditation functions, the Authority may publish or provide in such manner as it thinks fit information
p.000238: about the exercise of those functions.
p.000238: (1C) For the purposes of this section, the Authority’s accreditation functions are—
p.000238: (a) its functions under sections 25G to 25I,
p.000238: (b) its functions under section 26 that relate to the performance of voluntary registration functions (within the
p.000238: meaning given by section 25I), and
p.000238: (c) its function under section 26A(1B).”
p.000238: (8) In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
p.000238: (9) At the end of subsection (4) of that section insert “(other than its accreditation functions)”.
p.000238:
p.000238: Consequential provision etc.
p.000238:
p.000238: 230 Consequential provisions and savings, etc.
p.000238: (1) Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and
p.000238: savings relating to the preceding provisions of this Part) have effect.
p.000238: (2) The Privy Council may by order make transitional, transitory or saving provision in connection with
p.000238: the commencement of the preceding provisions of this Part.
p.000238: (3) The quorum for the exercise of the power under subsection (2) is two.
p.000238: (4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument
p.000238: signed by the Clerk of the Council.
p.000238: (5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002
p.000238: (regulations and orders), after subsection (4) insert—
p.000238: “(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of
p.000238: Schedule 7 is two; and anything
p.000238:
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000239: 239
p.000239:
p.000239: done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an
p.000239: instrument signed by the Clerk of the Council.”
p.000239: (6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect
p.000239: the power to make a further Order in Council under that section amending or revoking provision made by
p.000239: those amendments.
p.000239:
p.000239: The Office of the Health Professions Adjudicator
p.000239:
p.000239: 231 Abolition of the Office of the Health Professions Adjudicator
p.000239: (1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished.
...
p.000398: to the Competition Commission of the costs incurred by the Commission in connection with the reference.
p.000398: (2) Where it is determined that the method to which the reference relates is not appropriate, the order must require
p.000398: those costs to be paid by Monitor.
p.000398: (3) Where it is determined that the method to which the reference relates is appropriate, the order must
p.000398: require those costs to be paid by such objectors as are specified in the order.
p.000398: (4) Where the order specifies more than one objector, it may specify the proportions in which the objectors
p.000398: are to be liable for the costs.
p.000398: (5) The group that makes a determination on a reference under section 120 may also make an order requiring
p.000398: Monitor or an objector who made representations in accordance with paragraph 2 to make payments to the other
p.000398: in respect of costs incurred by the other in connection with the determination.
p.000398: (6) A person required by an order under this paragraph to pay a sum to another person must comply with the order
p.000398: before the end of the period of 28 days beginning with the day after the making of the order.
p.000398: (7) Sums required to be paid by an order under this paragraph but not paid within that period are to carry interest at
p.000398: such rate as may be determined in accordance with provision in the order.
p.000398: Power to modify time limits
p.000398: 13 The Secretary of State may by order vary any period specified in this Schedule as the period
p.000398: within which something must be done.
p.000398:
p.000398: Health and Social Care Act 2012 (c. 7)
p.000398: Schedule 13 — Part 3: minor and consequential amendments
p.000399: 399
p.000399: SCHEDULE 13 Section 150
p.000399: PART 3: MINOR AND CONSEQUENTIAL AMENDMENTS
p.000399: General
p.000399: 1 (1) Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to
p.000399: be read, in relation to any time after the commencement of section 61, as a reference to Monitor.
p.000399: (2) Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation
p.000399: to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts.
p.000399: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000399: 2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert—
p.000399: “(bk) Monitor;”.
p.000399: Parliamentary Commissioner Act 1967 (c. 13)
p.000399: 3 (1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
p.000399: (a) at the appropriate place insert— “Monitor.”, and
p.000399: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399: Superannuation Act 1972 (c. 11)
p.000399: 4 (1) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under
p.000399: section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000399: (2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care
p.000399: (Community Health and Standards) 2003 (which inserted the entry in question).
p.000399: House of Commons Disqualification Act 1975 (c. 24)
p.000399: 5 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)—
p.000399: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000399: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000399: Foundation Trusts.
p.000399: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health
p.000399: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000399:
p.000400: 400
p.000400: Health and Social Care Act 2012 (c. 7) Schedule 13 — Part 3: minor and consequential amendments
p.000400: Northern Ireland Assembly Disqualification Act 1975 (c. 25)
p.000400: 6 (1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying
p.000400: offices)—
p.000400: (a) at the appropriate place insert— “Chair or other member of Monitor.”, and
p.000400: (b) omit the entry for the Chairman and other members of the Independent Regulator of NHS
p.000400: Foundation Trusts.
p.000400: (2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health
p.000400: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000400: Freedom of Information Act 2000 (c. 36)
p.000400: 7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices:
p.000400: general)—
p.000400: (a) at the appropriate place insert— “Monitor.”, and
p.000400: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000400: National Health Service Act 2006 (c. 41)
p.000400: 8 The National Health Service Act 2006 is amended as follows.
p.000400: 9 (1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS
p.000400: Foundation Trusts).
p.000400: (2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
p.000400: 10 (1) Omit section 32 (general duty of regulator).
p.000400: (2) Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts
p.000400: in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
p.000400: 11 In section 275(1) (general interpretation), at the appropriate place, insert— ““the regulator” means
p.000400: Monitor,”.
p.000400: 12 In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)”
p.000400: substitute “section 275(1)”.
p.000400: National Health Service (Wales) Act 2006 (c. 42)
p.000400: 13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in
p.000400: reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS
p.000400: Foundation Trusts” substitute “Monitor”.
p.000400: Health and Social Care Act 2008 (c. 14)
p.000400: 14 The Health and Social Care Act 2008 is amended as follows.
p.000400: 15 In section 30(3) (urgent applications for cancellation of registration of service
p.000400:
p.000400: Health and Social Care Act 2012 (c. 7)
p.000400: Schedule 13 — Part 3: minor and consequential amendments
p.000400: provider: notice requirements), for paragraph (c) substitute—
p.000401: 401
p.000401: “(c) where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of
p.000401: the Health and Social Care Act 2012, to Monitor,”.
p.000401: 16 In section 39(1) (notice requirements in relation to certain matters), for paragraph (c)
p.000401: substitute—
p.000401: “(c) where the person registered as a service provider in respect of the activity is a person who holds a licence
p.000401: under Chapter
p.000401: 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,”.
p.000401: 17 In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission),
p.000401: for subsection (2) substitute—
p.000401: “(2) The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons
p.000401: who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.”
p.000401: Health Act 2009 (c. 21)
p.000401: 18 In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph
p.000401: (f) substitute—
p.000401: “(f) Monitor;”.
p.000401: Equality Act 2010 (c.15)
p.000401: 19 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the
p.000401: entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.
p.000401:
p.000401:
p.000401: SCHEDULE 14 Section 179
p.000401: ABOLITION OF NHS TRUSTS IN ENGLAND: CONSEQUENTIAL AMENDMENTS
p.000401: PART 1
p.000401: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006
p.000401: 1 The National Health Service Act 2006 is amended as follows.
...
Searching for indicator youth:
(return to top)
p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
p.000350: Crime and Disorder Act 1998 (c. 37)
p.000350: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000350: 83 The Crime and Disorder Act 1998 is amended as follows.
p.000350: 84 In section 5 (authorities responsible for crime and disorder strategies), in subsection
p.000350: (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
p.000350: 85 In section 38 (local provision of youth justice services), in subsection (2)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”, and
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 86 In section 39 (Youth Offending Teams), in subsection (3)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”,
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 87 In that section, in subsection (5)(d)—
p.000350: (a) after “nominated by” insert “a clinical commissioning group or”, and
p.000350: (b) omit “a Primary Care Trust or”.
p.000350: 88 In section 41 (the Youth Justice Board), in subsection (10)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “and”, and
p.000350: (c) omit “and a Primary Care Trust”.
p.000350: 89 In section 42 (supplementary provisions), in subsection (3)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “or”, and
p.000350: (c) omit “or a Primary Care Trust”.
p.000350: 90 In section 115, in subsection (2) (disclosure of information to relevant authorities)—
p.000350: (a) omit paragraph (ea),
p.000350: (b) after paragraph (f) insert—
p.000350: “(fa) the National Health Service Commissioning Board; (fb) a clinical commissioning group;”, and
p.000350: (c) omit paragraph (g).
p.000350: Health Act 1999 (c. 8)
p.000350: 91 The Health Act 1999 is amended as follows.
p.000350: 92 In section 61 (English and Scottish border provisions)—
p.000350: (a) in subsection (2)—
p.000350: (i) after “Secretary of State” insert “, the National Health Service Commissioning Board”,
p.000350: (ii) after “any” insert “clinical commissioning group”,
p.000350: (iii) omit “Strategic Health Authority”, and
p.000350:
p.000350: Health and Social Care Act 2012 (c. 7)
p.000350: Schedule 5 — Part 1: amendments of other enactments
p.000350: (iv) omit “or Primary Care Trust”, and
p.000350: (b) in subsection (5)—
p.000350: (i) after “any” insert “clinical commissioning group”, and
...
Social / education
Searching for indicator education:
(return to top)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: £44.75
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002: CONTENTS
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: 4 The Secretary of State’s duty as to reducing inequalities
p.000002: 5 The Secretary of State’s duty as to promoting autonomy
p.000002: 6 The Secretary of State’s duty as to research
p.000002: 7 The Secretary of State’s duty as to education and training
p.000002: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000002: 9 The NHS Commissioning Board
p.000002: 10 Clinical commissioning groups
p.000002:
p.000002: Arrangements for provision of health services
p.000002: 11 The Secretary of State’s duty as to protection of public health
p.000002: 12 Duties as to improvement of public health
p.000002: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000002: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000002: 15 Power to require Board to commission certain health services
p.000002: 16 Secure psychiatric services
p.000002: 17 Other services etc. provided as part of the health service
p.000002: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000002: 19 Regulations relating to EU obligations
p.000002:
p.000002: ii Health and Social
p.000002: Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: 20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
p.000002: 21 Functions of Special Health Authorities
p.000002: 22 Exercise of public health functions of the Secretary of State
p.000002:
p.000002: Further provision about the Board
p.000002: 23 The NHS Commissioning Board: further provision
p.000002: 24 Financial arrangements for the Board
p.000002:
p.000002: Further provision about clinical commissioning groups
p.000002: 25 Clinical commissioning groups: establishment etc.
p.000002: 26 Clinical commissioning groups: general duties etc.
...
p.000002: 254 Powers to direct Information Centre to establish information systems
p.000002: 255 Powers to request Information Centre to establish information systems
p.000002: 256 Requests for collection under section 255: confidential information
p.000002: 257 Requests under section 255: supplementary
p.000002: 258 Information systems: supplementary
p.000002: 259 Powers to require and request provision of information
p.000002: 260 Publication of information
p.000002: 261 Other dissemination of information
p.000002: 262 Other dissemination: directions and requests under sections 254 and 255
p.000002: 263 Code of practice on confidential information
p.000002: 264 Information Register
p.000002: 265 Advice or guidance
p.000002:
p.000002: Functions: quality of health and social care information
p.000002: 266 Assessment of quality of information
p.000002: 267 Power to establish accreditation scheme
p.000002:
p.000002: Functions: other
p.000002: 268 Database of quality indicators
p.000002: 269 Power to confer functions in relation to identification of GPs
p.000002: 270 Additional functions
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xi
p.000002:
p.000002:
p.000002: 271 Arrangements with other bodies
p.000002: 272 Failure by Information Centre to discharge any of its functions
p.000002: 273 Protection from personal liability
p.000002:
p.000002: General and supplementary
p.000002: 274 Powers of Secretary of State or Board to give directions
p.000002: 275 Interpretation of this Chapter
p.000002: 276 Dissolution of predecessor body
p.000002: 277 Consequential provision
p.000002: PART 10
p.000002: ABOLITION OF CERTAIN PUBLIC BODIES ETC
p.000002: 278 The Alcohol Education and Research Council
p.000002: 279 The Appointments Commission
p.000002: 280 The National Information Governance Board for Health and Social Care
p.000002: 281 The National Patient Safety Agency
p.000002: 282 The NHS Institute for Innovation and Improvement
p.000002: 283 Standing advisory committees
p.000002: PART 11
p.000002: MISCELLANEOUS
p.000002:
p.000002: Information relating to births and deaths etc.
p.000002: 284 Special notices of births and deaths
p.000002: 285 Provision of information by Registrar General
p.000002: 286 Provision of information by Registrar General: Wales
p.000002: 287 Provision of statistical information by Statistics Board
p.000002:
p.000002: Duties to co-operate
p.000002: 288 Monitor: duty to co-operate with Care Quality Commission
p.000002: 289 Care Quality Commission: duty to co-operate with Monitor
p.000002: 290 Other duties to co-operate
p.000002: 291 Breaches of duties to co-operate
p.000002:
p.000002: The Care Quality Commission
p.000002: 292 Requirement for Secretary of State to approve remuneration policy etc.
p.000002: 293 Conduct of reviews etc.
p.000002: 294 Failure to discharge functions
p.000002:
p.000002: Arrangements with devolved authorities etc.
p.000002: 295 Arrangements between the Board and Northern Ireland Ministers
p.000002: 296 Arrangements between the Board and Scottish Ministers etc.
p.000002: 297 Relationships between the health services
p.000002: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000002:
p.000002: xii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Supervised community treatment under the Mental Health Act 1983
p.000002: 299 Certificate of consent of community patients to treatment
p.000002:
p.000002: Transfer schemes
...
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
p.000002: commissioning groups and to make other provision about the National Health Service in England; to make
p.000002: provision about public health in the United Kingdom; to make provision about regulating health
p.000002: and adult social care services; to make provision about public involvement in health and social care
p.000002: matters, scrutiny of health matters by local authorities and co-operation between local authorities and
p.000002: commissioners of health care services; to make provision about regulating health and social care workers;
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
...
p.000003: service.”
p.000003:
p.000003: 5 The Secretary of State’s duty as to promoting autonomy
p.000003: After section 1C of the National Health Service Act 2006 insert—
p.000003: “1D Duty as to promoting autonomy
p.000003: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the
p.000003: desirability of securing, so far as consistent with the interests of the health service—
p.000003: (a) that any other person exercising functions in relation to the health service or providing services for
p.000003: its purposes is free to exercise those functions or provide those services in the manner that it considers most
p.000003: appropriate, and
p.000003: (b) that unnecessary burdens are not imposed on any such person.
p.000003: (2) If, in the case of any exercise of functions, the Secretary of State considers that there is a
p.000003: conflict between the matters mentioned in subsection (1) and the discharge by the Secretary of State of the duties
p.000003: under section 1, the Secretary of State must give priority to the duties under that section.”
p.000003:
p.000003: 6 The Secretary of State’s duty as to research
p.000003: After section 1D of the National Health Service Act 2006 insert—
p.000003: “1E Duty as to research
p.000003: In exercising functions in relation to the health service, the Secretary of State must promote—
p.000003: (a) research on matters relevant to the health service, and
p.000003: (b) the use in the health service of evidence obtained from research.”
p.000003:
p.000003: 7 The Secretary of State’s duty as to education and training
p.000003: After section 1E of the National Health Service Act 2006 insert—
p.000003: “1F Duty as to education and training
p.000003: (1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment
p.000003: so as to secure that there is an effective system for the planning and delivery of education and
p.000003: training to persons who are employed, or who are considering
p.000003:
p.000003: 4 Health and Social
p.000003: Care Act 2012 (c. 7)
p.000003: Part 1 — The health service in England
p.000003:
p.000003: becoming employed, in an activity which involves or is connected with the provision of services as part of the health
p.000003: service in England.
p.000003: (2) Any arrangements made with a person under this Act for the provision of services as part of that health service
p.000003: must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the
p.000003: duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under
p.000003: section 7, with the Special Health Authority).
p.000003: (3) In subsection (1), “relevant enactment” means—
p.000003: (a) section 63 of the Health Services and Public Health Act 1968,
p.000003: (b) this Act,
p.000003: (c) the Health and Social Care Act 2008,
p.000003: (d) the Health Act 2009, and
p.000003: (e) the Health and Social Care Act 2012.”
p.000003:
p.000003: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: After section 1F of the National Health Service Act 2006 insert—
p.000003: “1G Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: (1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a
p.000003: report before Parliament on the treatment of NHS health care providers as respects any matter, including
...
p.000019: (a) the prevention or diagnosis of illness in the patients, or
p.000019: (b) their care or treatment.
p.000019: 13I Duty as to patient choice
p.000019: The Board must, in the exercise of its functions, act with a view to enabling patients to make choices
p.000019: with respect to aspects of health services provided to them.
p.000019: 13J Duty to obtain appropriate advice
p.000019: The Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken
p.000019: together) have a broad range of professional expertise in—
p.000019: (a) the prevention, diagnosis or treatment of illness, and
p.000019: (b) the protection or improvement of public health.
p.000019: 13K Duty to promote innovation
p.000019: (1) The Board must, in the exercise of its functions, promote innovation in the provision of health services
p.000019: (including innovation in the arrangements made for their provision).
p.000019: (2) The Board may make payments as prizes to promote innovation in the provision of health services.
p.000019: (3) A prize may relate to—
p.000019: (a) work at any stage of innovation (including research);
p.000019: (b) work done at any time (including work before the commencement of section 23 of the
p.000019: Health and Social Care Act 2012).
p.000019: 13L Duty in respect of research
p.000019: The Board must, in the exercise of its functions, promote—
p.000019: (a) research on matters relevant to the health service, and
p.000019: (b) the use in the health service of evidence obtained from research.
p.000019: 13M Duty as to promoting education and training
p.000019: The Board must, in exercising its functions, have regard to the need to promote education and training for the persons
p.000019: mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.
p.000019:
p.000019: Health and Social Care Act 2012 (c. 7)
p.000021: 21
p.000021: Part 1 — The health service in England
p.000021: 13N Duty as to promoting integration
p.000021: (1) The Board must exercise its functions with a view to securing that health services are provided in an
p.000021: integrated way where it considers that this would—
p.000021: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (2) The Board must exercise its functions with a view to securing that the provision of health services is
p.000021: integrated with the provision of health- related services or social care services where it considers that
p.000021: this would—
p.000021: (a) improve the quality of the health services (including the outcomes that are achieved
p.000021: from the provision of those services),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in
...
p.000039: (2).
p.000039:
p.000040: 40
p.000040:
p.000040: 14V Duty as to patient choice
p.000040: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000040: Each clinical commissioning group must, in the exercise of its functions, act with a view to enabling
p.000040: patients to make choices with respect to aspects of health services provided to them.
p.000040: 14W Duty to obtain appropriate advice
p.000040: (1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge
p.000040: its functions from persons who (taken together) have a broad range of professional expertise in—
p.000040: (a) the prevention, diagnosis or treatment of illness, and
p.000040: (b) the protection or improvement of public health.
p.000040: (2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under
p.000040: subsection (1).
p.000040: (3) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000040: (2).
p.000040: 14X Duty to promote innovation
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote innovation in
p.000040: the provision of health services (including innovation in the arrangements made for their provision).
p.000040: 14Y Duty in respect of research
p.000040: Each clinical commissioning group must, in the exercise of its functions, promote—
p.000040: (a) research on matters relevant to the health service, and
p.000040: (b) the use in the health service of evidence obtained from research.
p.000040: 14Z Duty as to promoting education and training
p.000040: Each clinical commissioning group must, in exercising its functions, have regard to the need to promote
p.000040: education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the
p.000040: discharge of the duty under that section.
p.000040: 14Z1 Duty as to promoting integration
p.000040: (1) Each clinical commissioning group must exercise its functions with a view to securing that health services are
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000040: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000040: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000040: provision of those services.
p.000040: (2) Each clinical commissioning group must exercise its functions with a view to securing that the provision of
p.000040: health services is integrated with the provision of health-related services or social care services where it considers
p.000040: that this would—
p.000040:
p.000040: Health and Social Care Act 2012 (c. 7)
p.000041: 41
p.000041: Part 1 — The health service in England
p.000041:
p.000041: (a) improve the quality of the health services (including the outcomes that are achieved
p.000041: from the provision of those services),
p.000041: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000041: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000041: provision of those services.
p.000041: (3) In this section—
p.000041: “health-related services” means services that may have an effect on the health of individuals but are not health
...
p.000091: the meaning of that Act) of the Secretary of State or local authorities.
p.000091: (5) A reference to the provision of health care services for the purposes of the NHS is a reference to their
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
p.000093: (g) the need for high standards in the education and training of health care professionals who provide health care
p.000093: services for the purposes of the NHS, and
p.000093: (h) where the Secretary of State publishes a document for the purposes of section 13E of the National Health Service
p.000093: Act 2006 (improvement of quality of services), any guidance published by the Secretary of State on the parts of that
p.000093: document which the Secretary of State considers to be particularly relevant to Monitor’s exercise of its functions.
p.000093: (3) Where the Secretary of State publishes guidance referred to in subsection (2)(h), the Secretary of
p.000093: State must lay a copy of the published guidance before Parliament.
p.000093:
p.000093: 94 Health and Social
p.000093: Care Act 2012 (c. 7)
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: (4) The Secretary of State—
p.000093: (a) may revise the guidance, and
p.000093: (b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
p.000093:
p.000093: 67 Conflicts between functions
p.000093: (1) In a case where Monitor considers that any of its general duties conflict with each other, it must secure that
p.000093: the conflict is resolved in the manner it considers best.
p.000093: (2) Monitor must act so as to secure that there is not, and could not reasonably be regarded as being, a conflict
p.000093: between—
p.000093: (a) its exercise of any of its functions under Chapter 5 of Part 2 of the National Health Service Act
p.000093: 2006 (regulation of NHS foundation trusts) or under sections 111 and 113 of this Act (imposition of licence
...
p.000212:
p.000212: Orders under section 60 of the Health Act 1999
p.000212:
p.000212: 209 Power to regulate social workers etc. in England
p.000212: (1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows.
p.000212:
p.000212: Health and Social Care Act 2012 (c. 7)
p.000212: Part 7 — Regulation of health and social care workers
p.000212:
p.000212: (2) In subsection (1), after paragraph (b) insert—
p.000212: “(ba) regulating the social work profession in England,
p.000213: 213
p.000213: (bb) modifying the regulation of the social work profession in England, so far as appears to Her to be
p.000213: necessary or expedient for the purpose of securing or improving the regulation of the profession or the services
p.000213: which it provides or to which it contributes,”.
p.000213: (3) In that subsection, after paragraph (bb) insert—
p.000213: “(bc) regulating social care workers in England who appear to Her to require regulation in pursuance of this
p.000213: section,
p.000213: (bd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or
p.000213: expedient for the purpose of securing or improving their regulation or the services which they provide or to
p.000213: which they contribute,”.
p.000213: (4) In subsection (2), at the end of each of paragraphs (c) and (d), insert “(other than the social work profession
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
p.000214: who inspects premises under—
p.000214: (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
p.000214: (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
p.000214: (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
p.000214: (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health
p.000214: and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the
p.000214: meaning of that Part),
p.000214: (m) management of staff mentioned in paragraph (k) or (l),
p.000214: (n) employment at a day centre in England,
p.000214: (o) participation in a course approved by the Health and Care Professions Council under article 15 of
p.000214: the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in
p.000214: England.”
p.000214: (7) After subsection (2ZC) insert—
p.000214: “(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning
p.000214: in that subsection as it has in that section.”
p.000214: (8) After subsection (2ZD) insert—
p.000214: “(2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which
p.000214: subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work
p.000214: profession in England.”
p.000214: (9) After subsection (2ZE) insert—
p.000214: “(2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental
p.000214: Health Act 1983.”
p.000214: (10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social
p.000214: workers, other care workers etc.”.
p.000214: (11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for
p.000214: “a person’s fitness to practise a profession to which section 60(2) applies” substitute “a matter specified in
p.000214: subsection (2A)”.
p.000214: (12) After that subsection insert— “(2A) The matters are—
p.000214: (a) a person’s fitness to practise a profession to which section 60(2) applies;
p.000214: (b) a person’s fitness to practise the social work profession in England (within the meaning given by
p.000214: section 60);
p.000214:
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000215: 215
p.000215:
p.000215: (c) a person’s suitability to remain registered as a social care worker in England (within the meaning
p.000215: given by that section).”
p.000215: (13) In subsection (3) of that section, at the end insert “or the social work profession in England (within the
p.000215: meaning given in section 60(2ZA)”.
p.000215:
p.000215: 210 Training etc. of approved mental health professionals in England
p.000215: In section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph
p.000215: (e) insert—
p.000215: “(ea) modifying the functions, powers or duties of the Health and Care Professions Council that relate
p.000215: to the education and training of persons who are or wish to become approved mental health professionals,”.
p.000215:
p.000215: 211 Orders regulating social care workers in England: further provision
p.000215: (1) Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under
p.000215: section 60 of that Act) is amended as follows.
p.000215: (2) After paragraph 1 (matters generally within the scope of the Orders) insert— “1A An Order may make
p.000215: provision, in relation to any social care workers
p.000215: in England, for any of the following matters (among others)—
p.000215: (a) the establishment and continuance of a regulatory body,
p.000215: (b) the functions of the Health and Care Professions Council or of another regulatory body,
p.000215: (c) keeping registers of social care workers in England of any description,
p.000215: (d) privileges of registered persons,
p.000215: (e) education and training,
p.000215: (f) standards of conduct and performance,
p.000215: (g) discipline,
p.000215: (h) removal or suspension from registration or the imposition of conditions on registration,
p.000215: (i) investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory
p.000215: body,
p.000215: (j) appeals,
p.000215: (k) default powers exercisable by a person other than the Health and Care Professions Council or another regulatory
p.000215: body.”
p.000215: (3) After paragraph 1A insert—
p.000215: “1B The provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of
p.000215: conduct and performance of members of a profession, or social care workers in England, carrying out the functions
p.000215: of an approved mental health professional.”
p.000215: (4) In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub- paragraph (1), for paragraph (c)
p.000215: substitute—
p.000215: “(c) the Health and Care Professions Council,”.
p.000215: (5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph
p.000215:
p.000216: 216
p.000216:
p.000216:
p.000216: (2) insert—
p.000216: Health and Social Care Act 2012 (c. 7) Part 7 — Regulation of health and social care workers
p.000216: “(2ZA) Where an enactment provides for any function mentioned in sub- paragraph (2ZB) to be exercised by the Health
p.000216: and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may
p.000216: not provide for any person other than that body or any of its committees or officers to exercise that function.
p.000216: (2ZB) The functions are—
p.000216: (a) keeping the registers of social care workers in England of any description,
p.000216: (b) determining standards of education and training required as a condition of registration,
p.000216: (c) giving advice about standards of conduct and performance.”
p.000216: (6) In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)—
p.000216: (a) after “represent any profession” insert “or any social care workers in England”, and
p.000216: (b) after “by any profession” insert “or any social care workers in England”.
p.000216: (7) In paragraph 10 (interpretation)—
p.000216: (a) at the appropriate place insert the following—
p.000216: ““social care work in England”, “social care workers in England” and “the social work profession in England”
p.000216: have the meaning given by section 60,”, and
p.000216: (b) in the definition of “regulatory body”—
p.000216: (i) after “any profession” insert “or any social care workers in England”, and
p.000216: (ii) after “the profession” insert “or the social care workers in England concerned”.
p.000216: (8) In paragraph 11 (application), after sub-paragraph (2) insert—
p.000216: “(2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England,
p.000216: include—
p.000216: (a) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be
p.000216: registered as social care workers in England,
p.000216: (b) the regulation of activities carried on by persons who are not social care workers in England (or members
p.000216: of the social work profession in England) but which are carried on in connection with social care work in
p.000216: England.”
p.000216:
p.000216: The General Social Care Council
p.000216:
p.000216: 212 Abolition of the General Social Care Council
p.000216: (1) The General Social Care Council is abolished.
p.000216: (2) In section 54 of the Care Standards Act 2000 (the Care Councils)—
...
p.000220: (1) A person may not practise as a social worker in England unless the person is registered in the part
p.000220: of the register relating to the social work profession in England.
p.000220: (2) Paragraph (1) does not apply to a person who—
p.000220: (a) is registered as a social worker in a register kept by the Care Council for Wales, the Scottish Social Services
p.000220: Council or the Northern Ireland Social Care Council, and
p.000220: (b) is practising in England as a social worker on a temporary basis.”
p.000220: (10) In article 19 (post-registration training), in paragraph (2A)(b), after “visiting health” insert “or social
p.000220: work”.
p.000220: (11) In article 20 (Wales), at the end insert “; but the reference to the Council’s function under
p.000220: article 15(4)(b) does not include a reference to that function so far as relating to social work in England”.
p.000220: (12) In article 39 (offences), after paragraph (1) insert—
p.000220: “(1A) A person who is registered as a social worker in a register kept by the Care Council for Wales, the
p.000220: Scottish Social Services Council or the Northern Ireland Social Care Council is to be regarded for the purposes of
p.000220: paragraph (1)(b) as entitled to use the title of “social worker”.”
p.000220: (13) In Schedule 3 (interpretation), in paragraph 1, in the definition of “visiting health professional
p.000220: from a relevant European state”, after “health” in each place it appears insert “or social work”.
p.000220:
p.000220: 216 Appeals in cases involving social workers in England
p.000220: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000220: (2) In article 37 (appeals against decisions of the Education and Training Committee), in
p.000220: paragraph (5A), at the end of sub-paragraph (a) insert “or registered as a social worker in a register
p.000220: kept by the General Social Care Council, the Care Council for Wales, the Scottish Social Services Council or the
p.000220: Northern Ireland Social Care Council”.
p.000220: (3) In that article, in paragraph (8), after “paragraph (4)” insert “(other than a hearing on an appeal
p.000220: relating to a social worker in England)”.
p.000220: (4) In that article, after that paragraph insert—
p.000220: “(8A) A hearing provided for by the rules made under paragraph (4) on an appeal relating to a social worker in
p.000220: England is to be held in England.”
p.000220: (5) In article 38 (appeals), after paragraph (1) insert—
p.000220: “(1ZA) An appeal from a decision referred to in paragraph (1)(b) relating to social workers in England shall lie
p.000220: only to the county court.”
p.000220: (6) In that article, in paragraph (4), after “article” insert “(subject to paragraph (5))”.
p.000220:
p.000220: Health and Social Care Act 2012 (c. 7)
p.000220: Part 7 — Regulation of health and social care workers
p.000220:
p.000220: (7) In that article, after that paragraph insert—
p.000221: 221
p.000221: “(5) In this article, in the case of an appeal relating to a social worker in England, “the appropriate court”
p.000221: means the High Court of Justice in England and Wales.”
p.000221:
p.000221: 217 Approval of courses for approved mental health professionals
p.000221: (1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.
p.000221: (2) Before section 114A insert—
p.000221: “114ZA Approval of courses: England
...
p.000221: after “section” insert “114ZA or”.
p.000221: (4) Section 114A (approval of courses) is amended as follows.
p.000221: (5) For subsection (1) substitute—
p.000221: “(1) The Care Council for Wales may, in accordance with rules made by it, approve courses for persons who are, or
p.000221: wish to become, approved to act as approved mental health professionals by a local social services authority whose area
p.000221: is in Wales.”
p.000221: (6) Omit subsection (3).
p.000221: (7) In subsection (5), omit “General Social Care Council and the”.
p.000221: (8) For the title to that section substitute “Approval of courses: Wales”.
p.000221:
p.000221: 218 Exercise of function of approving courses, etc.
p.000221: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000221:
p.000222: 222
p.000222: Health and Social Care Act 2012 (c. 7) Part 7 — Regulation of health and social care workers
p.000222:
p.000222: (2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section
p.000222: 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
p.000222: (3) After paragraph (5) of that article insert—
p.000222: “(5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish
p.000222: to become, approved mental health professionals in England, references to registrants are to be read as
p.000222: including a reference to such approved mental health professionals in England as are not registrants.”
p.000222: (4) In article 14 (the Council’s education and training committee), after sub- paragraph (b) insert—
p.000222: “(ba) the setting of criteria under article 15B;”.
p.000222: (5) After article 15 insert—
p.000222: “15A Exercise of function of approving courses for approved mental health professionals
p.000222: (1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for
p.000222: approved mental health professionals in England) is exercisable by the Education and Training Committee.
p.000222: (2) In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in
p.000222: relation to courses run by institutions which are approved in accordance with article 15B(3).
p.000222: (3) In this article and articles 15B to 18, “AMHP course” means a course of the kind referred to in section 114ZA(1)
p.000222: of the Mental Health Act 1983.
p.000222: 15B Criteria for approving courses for approved mental health professionals
p.000222: (1) The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental
p.000222: Health Act 1983.
p.000222: (2) The Education and Training Committee must—
p.000222: (a) ensure that universities and other bodies in the United Kingdom concerned with the provision of
p.000222: AMHP courses are notified of the criteria set under paragraph (1); and
p.000222: (b) take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria.
p.000222: (3) In performing the function under paragraph (2)(b), the Committee may, in particular, approve or
p.000222: arrange with others to approve institutions which the Committee considers to be properly organised and
p.000222: equipped for conducting AMHP courses.
p.000222: (4) The Council must from time to time publish a statement of the criteria set under paragraph (1).
p.000222: (5) An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or
p.000222: training.”
p.000222: (6) In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”
p.000222:
p.000222: Health and Social Care Act 2012 (c. 7)
p.000222: Part 7 — Regulation of health and social care workers
p.000222:
p.000222: (7) In article 17 (information), after paragraph (3) insert—
p.000223: 223
p.000223: “(3A) The reference in paragraph (3) to the functions of the Committee under this Order includes a reference to the
p.000223: function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health
p.000223: professionals) in so far as that function is exercisable by the Committee.”
p.000223: (8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert— “(1A) Where as a result of any
p.000223: visitor’s report or other information acquired
p.000223: by the Committee or the Council, and taking account of the observations received from the
p.000223: institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set
p.000223: under article 15B(1), it may refuse to approve, or withdraw approval from, the course.”
p.000223: (9) In that article—
p.000223: (a) in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
p.000223: (b) in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
p.000223: (10) In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and give guidance), after
p.000223: “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of
p.000223: an approved mental health professional)”.
p.000223: (11) In article 45 (finances of the Council), after paragraph (3) insert—
...
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
p.000249: (1) Before publishing an information standard, the Secretary of State or the Board must consult such persons as the
p.000249: Secretary of State or (as the case may be) the Board considers appropriate.
p.000249: (2) For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared
p.000249: or published by another person.
...
p.000249:
p.000249: 253 General duties
p.000249: (1) In exercising its functions the Information Centre must have regard to—
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
p.000250: (3) A direction may be given under subsection (1) by the Board only if the Board considers that the information
p.000250: which could be obtained by complying with the direction is information which it is necessary or expedient for the Board
p.000250: to have in relation to its exercise of functions in connection with the provision of NHS services.
...
p.000263: 263
p.000263:
p.000263: 275 Interpretation of this Chapter
p.000263: In this Chapter—
p.000263: “adult social care” has the meaning given by section 253(3);
p.000263: “the Board” means the National Health Service Commissioning Board; “devolved authority” means—
p.000263: (a) the Scottish Ministers;
p.000263: (b) the Welsh Ministers; and
p.000263: (c) a Northern Ireland Minister;
p.000263: “health care” has the meaning given by section 255(10);
p.000263: “health or social care body” has the meaning given by section 259(11); “the health service” has the same meaning
p.000263: as in the National Health
p.000263: Service Act 2006 (see section 275(1) of that Act);
p.000263: “health services” has the meaning given by section 253(3); “mandatory request” has the meaning given by section 255(4);
p.000263: “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
p.000263: “public body” means a body or other person whose functions—
p.000263: (a) are of a public nature, or
p.000263: (b) include functions of that nature,
p.000263: but in the latter case, the body or person is a public body to the extent only of those functions;
p.000263: “relevant person” has the meaning given by section 260(7).
p.000263:
p.000263: 276 Dissolution of predecessor body
p.000263: The Special Health Authority known as the Health and Social Care Information Centre is abolished.
p.000263:
p.000263: 277 Consequential provision
p.000263: Schedule 19 (which contains consequential provision) has effect.
p.000263: PART 10
p.000263: ABOLITION OF CERTAIN PUBLIC BODIES ETC
p.000263:
p.000263: 278 The Alcohol Education and Research Council
p.000263: (1) The Alcohol Education and Research Council is abolished.
p.000263: (2) The Licensing (Alcohol Education and Research) Act 1981 is repealed.
p.000263: (3) Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.
p.000263:
p.000263: 279 The Appointments Commission
p.000263: (1) The Appointments Commission is abolished.
p.000263: (2) Part 5 of the Health Act 2006 (which established the Commission) is repealed.
p.000263:
p.000264: 264
p.000264: Health and Social Care Act 2012 (c. 7) Part 10 — Abolition of certain public bodies etc
p.000264:
p.000264: (3) Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.
p.000264:
p.000264: 280 The National Information Governance Board for Health and Social Care
p.000264: (1) The National Information Governance Board for Health and Social Care is abolished.
p.000264: (2) Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
p.000264: (3) After section 20 of the Health and Social Care Act 2008 insert—
p.000264: “20A Functions relating to processing of information by registered persons
p.000264: (1) The Commission has the following functions in relation to the processing of relevant
p.000264: information—
p.000264: (a) to monitor the practice followed by registered persons in relation to such processing, and
p.000264: (b) to keep the National Health Service Commissioning Board and Monitor informed about the practice being
p.000264: followed by registered persons in relation to such processing.
p.000264: (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons
p.000264: in relation to the processing of relevant information.
p.000264: (3) In this section “relevant information” means—
p.000264: (a) patient information,
...
p.000308: (b) any facilities of the Board or (as the case may be) the group, and
p.000308: (c) the services of persons employed by the Board or (as the case may be) the group.”
p.000308: (5) In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may
p.000308: arrange for the carrying out of,”.
p.000308: (6) In subsection (5), for “The Secretary of State” substitute “The Board”.
p.000308: (7) In subsection (6)—
p.000308:
p.000308: Health and Social Care Act 2012 (c. 7)
p.000308: Schedule 4 — Amendments of the National Health Service Act 2006 Part 3 — Local authorities
p.000309: 309
p.000309: (a) in paragraph (a), after “provided” insert “by the Secretary of State”,
p.000309: (b) in paragraph (b)—
p.000309: (i) omit “a Strategic Health Authority,” and
p.000309: (ii) omit “a Primary Care Trust,” and
p.000309: (c) in paragraph (c)—
p.000309: (i) omit “a Strategic Health Authority,” and
p.000309: (ii) omit “a Primary Care Trust,”.
p.000309: (8) After subsection (6) insert—
p.000309: “(6A) The Board and each clinical commissioning group must make available to local authorities—
p.000309: (a) any services (other than the services of any person) or other facilities the provision of which is arranged by
p.000309: the Board or (as the case may be) the clinical commissioning group under this Act,
p.000309: (b) the services of persons employed by the Board or (as the case may be) the group, and
p.000309: (c) any facilities of the Board or (as the case may be) the group, so far as is reasonably necessary and
p.000309: practicable to enable local authorities to discharge their functions relating to social services, education
p.000309: and public health.”
p.000309: (9) In subsection (7)—
p.000309: (a) for “The Secretary of State” substitute “The Board”,
p.000309: (b) at the end of paragraph (c) insert “or”, and
p.000309: (c) omit paragraph (e) and the word “or” immediately preceding it.
p.000309: (10) After that subsection insert—
p.000309: “(8) The Secretary of State may arrange to make available to local authorities the services of
p.000309: persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of
p.000309: the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge
p.000309: their functions relating to social services, education and public health.
p.000309: (9) The Board or a clinical commissioning group may arrange to make available to local authorities the services
p.000309: of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the
p.000309: clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to
p.000309: discharge their functions relating to social services, education and public health.
p.000309: (10) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical
p.000309: commissioning group includes a reference to arrangements so made by virtue of section 7A.”
p.000309: (11) In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.
p.000309: (12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as
p.000309: inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care
p.000309: Trusts”.
p.000309:
p.000310: 310
p.000310: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000310: Part 3 — Local authorities
p.000310: 29 (1) Section 81 (conditions of supply under section 80) is amended as follows.
p.000310: (2) In subsection (1)—
p.000310: (a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer
p.000310: available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,
p.000310: (b) in paragraph (a) for “the Secretary of State” substitute “the person”, and
p.000310: (c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the
p.000310: officer’s employer,”.
p.000310: (3) In subsection (2)—
p.000310: (a) for “The Secretary of State” substitute “The person concerned”, and
p.000310: (b) for “he” substitute “it”.
p.000310: (4) In subsection (3)—
p.000310: (a) omit “Strategic Health Authorities,”, and
p.000310: (b) omit “Primary Care Trusts,”.
...
p.000348: Board, or the”.
p.000348: 74 In section 50 (right to time off for public duties), in subsection (8)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,” and
p.000348: (b) in paragraph (b)—
p.000348: (i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
p.000348: (ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000348: 75 In section 218 (change of employer), in subsection (10)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,”
p.000348: (b) omit paragraph (a),
p.000348: (c) in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,
p.000348: (d) omit paragraph (bb), and
p.000348: (e) in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.
p.000348: Housing Grants, Construction and Regeneration Act 1996 (c. 53)
p.000348: 76 In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons
p.000348: ineligible for grants)—
p.000348: (a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
p.000348: (b) omit “a Strategic Health Authority,”, and
p.000348: (c) omit “, Primary Care Trust”.
p.000348: Education Act 1996 (c. 56)
p.000348: 77 The Education Act 1996 is amended as follows.
p.000348: 78 (1) Section 322 (duty of certain bodies to help local authorities) is amended as follows.
p.000348: (2) In subsection (1)—
p.000348: (a) after “another local authority,” insert “the National Health Service Commissioning Board, a clinical
p.000348: commissioning group or”,
p.000348: (b) omit “or a Primary Care Trust”, and
p.000348: (c) for “the board, authority or trust” substitute “that body”.
p.000348:
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000349: 349
p.000349: (3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.
p.000349: (4) In subsection (3), in paragraph (a)—
p.000349: (a) after “request is made of” insert “the National Health Service Commissioning Board, a clinical
p.000349: commissioning group or”,
p.000349: (b) omit “or Primary Care Trust”, and
p.000349: (c) for “that board or trust” substitute “that body”.
p.000349: (5) In subsection (4)—
p.000349: (a) for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board,
p.000349: a clinical commissioning group or a Local Health Board”, and
p.000349: (b) omit “or a trust”.
p.000349: 79 (1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.
p.000349: (2) In subsection (1)—
p.000349: (a) after “where” insert “a clinical commissioning group,” and
p.000349: (b) omit “a Primary Care Trust,”.
...
p.000363: “(aa) the National Health Service Commissioning Board,”.
p.000363: 166 (1) Section 97 (general interpretation of Part 1) is amended as follows.
p.000363: (2) In subsection (1) in the definition of “English NHS body”—
p.000363: (a) omit paragraph (a),
p.000363: (b) omit paragraph (b), and
p.000363: (c) before paragraph (d) insert—
p.000363: “(ca) the National Health Service Commissioning Board,
p.000363: (cb) a clinical commissioning group,”.
p.000363: (3) In that subsection in the definition of “English NHS provider” omit paragraph (a).
p.000363: (4) In that subsection in the definition of “NHS care”—
p.000363: (a) after “health care” insert “—
p.000363: (a) commissioned by the National Health Service Commissioning Board or by a clinical commissioning
p.000363: group (whether from an English NHS provider or not), or
p.000363:
p.000364: 364
p.000364: Health and Social Care Act 2012 (c. 7)
p.000364: Schedule 5 — Part 1: amendments of other enactments
p.000364: (b) ”, and
p.000364: (b) omit from “provided by” to the end.
p.000364: (5) After subsection (2) insert—
p.000364: “(2A) Any reference in this Part to health care commissioned by the National Health Service
p.000364: Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons
p.000364: pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006
p.000364: (including arrangements so made by virtue of section 7A of that Act).”
p.000364: (6) Omit subsection (3).
p.000364: 167 In section 153 (directions to certain NHS bodies) in subsection (1)—
p.000364: (a) omit paragraph (a), and
p.000364: (b) omit paragraph (b).
p.000364: Education and Skills Act 2008 (c. 25)
p.000364: 168 The Education and Skills Act 2008 is amended as follows.
p.000364: 169 In section 16 (supply of information by public bodies), in subsection (2)—
p.000364: (a) omit paragraph (c),
p.000364: (b) omit paragraph (d), and
p.000364: (c) before paragraph (e) insert—
p.000364: “(da) a clinical commissioning group,”.
p.000364: 170 In section 77 (supply of information by public bodies), in subsection (2)—
p.000364: (a) omit paragraph (c),
p.000364: (b) omit paragraph (d), and
p.000364: (c) before paragraph (e) insert—
p.000364: “(da) a clinical commissioning group,”.
p.000364: Autism Act 2009 (c. 15)
p.000364: 171 In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”—
p.000364: (a) omit paragraph (a),
p.000364: (b) omit paragraph (b), and
p.000364: (c) before paragraph (d) insert—
p.000364: “(ca) the National Health Service Commissioning Board;
p.000364: (cb) a clinical commissioning group;”.
p.000364: Local Democracy, Economic Development and Construction Act 2009 (c. 20)
p.000364: 172 In section 123 of the Local Democracy, Economic Development and Construction Act 2009
p.000364: (partner authorities), in subsection (2)—
p.000364: (a) after paragraph (h) insert—
p.000364: “(ha) a clinical commissioning group;”, and
p.000364: (b) omit paragraph (i).
p.000364:
p.000364: Health and Social Care Act 2012 (c. 7)
p.000364: Schedule 5 — Part 1: amendments of other enactments
p.000364: Health Act 2009 (c. 21)
p.000364: 173 The Health Act 2009 is amended as follows.
p.000365: 365
p.000365: 174 In each of the following provisions for “NHS services” substitute “health services”—
p.000365: (a) the title to Part 1,
p.000365: (b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
...
p.000414: 11 In section 63 (approval of courses etc.)—
p.000414: (a) in subsection (1), for “Each Council” substitute “The Welsh Council”, and
p.000414: (b) in subsection (4), for “A Council” substitute “The Council”.
p.000414: 12 In section 64 (qualifications gained outside Council’s area)—
p.000414: (a) in subsection (A1), for “a Council” substitute “the Welsh Council”,
p.000414: (b) omit subsection (1), and
p.000414: (c) for the title substitute “Qualifications gained outside the Welsh Council’s area”.
p.000414: 13 In section 65(1) (power to make rules requiring registered persons to undertake further
p.000414: training), for “A Council” substitute “The Welsh Council”.
p.000414: 14 In section 66 (visitors for certain social work courses)—
p.000414: (a) in subsection (1), for “A Council” substitute “The Welsh Council”, and
p.000414: (b) in subsection (3), for “a Council” substitute “the Council”.
p.000414: 15 In section 67 (functions of the appropriate Minister)—
p.000414: (a) in subsection (2), for “a Council” substitute “the Welsh Council”, and
p.000414: (b) in subsection (5), omit paragraph (a) (and the “or” following it).
p.000414: 16 In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the
p.000414: Welsh Council”.
p.000414:
p.000414: Health and Social Care Act 2012 (c. 7)
p.000414: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000415: 415
p.000415: 17 In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh
p.000415: Council”.
p.000415: 18 Omit section 70 (abolition of the Central Council for Education and Training in Social Work).
p.000415: 19 In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the
p.000415: Welsh Council”.
p.000415: 20 In section 113 (default Ministerial powers), omit subsection (1).
p.000415: 21 In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.
p.000415: 22 In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the
p.000415: end.
p.000415: 23 In section 121 (13) (index of defined expressions)—
p.000415: (a) omit the entry for “CCETSW”,
p.000415: (b) omit the entry for references to the Council, the English Council and the Welsh Council, and
p.000415: (c) at the end insert—
p.000415:
p.000415: “the Welsh Council Section 54”.
p.000415:
p.000415: 24 In section 122 (commencement), omit “section 70(2) to (5) and”.
p.000415: 25 In section 123 (extent), omit subsection (3).
p.000415: 26 Schedule 1 (the Care Councils) is amended as follows.
p.000415: 27 Omit paragraph 1 (introductory).
p.000415: 28 In paragraph 2 (status)—
p.000415: (a) for “An authority” substitute “The Welsh Council”, and
p.000415: (b) for “an authority’s” substitute “the Council’s”.
p.000415: 29 In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh
p.000415: Ministers, the Welsh Council”.
p.000415: 30 In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.
p.000415: 31 For paragraph 5 (membership)—
...
p.000417: (b) in paragraphs (a) and (b), for “the authority” substitute “the Council”.
p.000417:
p.000418: 418
p.000418: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000418: The General Social Care Council
p.000418: 42 In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
p.000418: 43 For the title to Schedule 1 substitute “The Welsh Council”.
p.000418: Amendments to the Health and Social Care Act 2008 (c. 14)
p.000418: 44 The Health and Social Care Act 2008 is amended as follows.
p.000418: 45 (1) In section 124 (regulation of social care workers)—
p.000418: (a) in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
p.000418: (b) in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
p.000418: (c) in subsection (3), omit the definition of “the appropriate Minister”.
p.000418: (2) For the title to that section substitute “Regulation of social care workers: Wales”.
p.000418: 46 Section 125 (standard of proof in proceedings relating to registration of social care worker)—
p.000418: (a) in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the
p.000418: Care Council for Wales, a committee of the Council or any officer of the Council”, and
p.000418: (b) in subsection (3), omit paragraph (a).
p.000418: 47 (1) Section 126 (education and training of approved mental health professionals) is
p.000418: amended as follows.
p.000418: (2) In subsection (1)—
p.000418: (a) for “appropriate Minister” substitute “Welsh Ministers”, and
p.000418: (b) omit “the General Social Care Council or”.
p.000418: (3) In subsection (4), omit the definition of “the appropriate Minister”.
p.000418: (4) For the title to section 126 substitute “Education and training of approved mental health professionals: Wales”.
p.000418: 48 In section 171(4) (provisions which Welsh Ministers have power to commence), before
p.000418: paragraph (a) insert—
p.000418: “(za) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and
p.000418: training of approved mental health professionals: Wales),”.
p.000418: 49 (1) Schedule 9 (regulation of social care workers) is amended as follows.
p.000418: (2) In paragraph 1 (interpretation), for the definition of “the appropriate Council” substitute—
p.000418: ““the Council” means the Care Council for Wales.”
p.000418: (3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for
p.000418: “the appropriate Council” substitute “the Council”.
p.000418: (4) In paragraph 5 (payments), in paragraph (b), for “the appropriate Council” substitute “the Council”.
p.000418:
p.000418: Health and Social Care Act 2012 (c. 7)
p.000418: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000419: 419
p.000419: (5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from “Ministers of the Crown” to
p.000419: “Welsh Ministers, on”.
p.000419: (6) In paragraph 8 (matters outside the scope of regulations)—
p.000419: (a) in sub-paragraph (1), omit “the General Social Care Council or”,
p.000419: (b) in sub-paragraph (2), for “either of those Councils” substitute “the Council”, and
p.000419: (c) in that sub-paragraph, for “that Council” substitute “the Council”.
p.000419: (7) Omit paragraph 9 (preliminary procedure for making regulations: England).
p.000419: (8) For the title to that Schedule substitute “Regulation of social care workers: Wales”.
p.000419: Amendments to other Acts
p.000419: 50 In the following provisions, omit the entry for the General Social Care Council—
p.000419: (a) the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000419: (b) Schedule 2 to the Parliamentary Commissioner Act 1967,
p.000419: (c) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
...
p.000438: body.”
p.000438: National Health Service (Wales) Act 2006 (c. 42)
p.000438: 10 (1) The National Health Service (Wales) Act 2006 is amended as follows.
p.000438: (2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert—
p.000438: “(kb) the Health and Social Care Information Centre,”.
p.000438:
p.000438: Health and Social Care Act 2012 (c. 7)
p.000438: Schedule 19 — Part 9: consequential amendments
p.000438: Health and Social Care Act 2008 (c. 14)
p.000439: 439
p.000439: 11 In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission
p.000439: to require documents and information etc. from certain persons) in subsection (2)—
p.000439: (a) omit the “or” after paragraph (d), and
p.000439: (b) after paragraph (e) insert “, or
p.000439: (f) the Health and Social Care Information Centre.”
p.000439: Health Act 2009 (c. 21)
p.000439: 12 In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in
p.000439: subsection (2) after paragraph (da) (inserted by Schedule
p.000439: 17) insert—
p.000439: “(db) the Health and Social Care Information Centre;”.
p.000439: Equality Act 2010 (c. 15)
p.000439: 13 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at
p.000439: the end of the group of entries for bodies whose functions relate to the health service add—
p.000439: “The Health and Social Care Information Centre.”
p.000439:
p.000439:
p.000439: SCHEDULE 20 Sections 278, 279 and 280
p.000439: PART 10: CONSEQUENTIAL AMENDMENTS AND SAVINGS
p.000439: PART 1
p.000439: THE ALCOHOL EDUCATION AND RESEARCH COUNCIL
p.000439: Consequential amendments
p.000439: 1 Omit the entry for the Alcohol Education and Research Council in each of the following—
p.000439: (a) Schedule 2 to the Parliamentary Commissioner Act 1967, and
p.000439: (b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000439: 2 Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act
p.000439: 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981.
p.000439: 3 In consequence of the repeal made by section 278(2)—
p.000439: (a) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and
p.000439: (b) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading).
p.000439:
p.000440: 440
p.000440:
p.000440: Savings
p.000440: Health and Social Care Act 2012 (c. 7) Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol
p.000440: Education and Research Council
p.000440: 4 (1) Anything which is in the process of being done by the Alcohol Education and Research Council under an
p.000440: enactment immediately before abolition may be continued by the Secretary of State.
p.000440: (2) Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been
p.000440: done by the Council, be done by the Secretary of State after abolition.
p.000440: (3) The Secretary of State must prepare a report on the activities of the Council during the period that begins with
p.000440: the 1 April before abolition and ends with abolition.
p.000440: (4) In this paragraph—
p.000440: “abolition” means the commencement of section 278(1);
p.000440: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000440: Interpretation Act 1978).
p.000440: PART 2
p.000440: THE APPOINTMENTS COMMISSION
p.000440: Consequential amendments
p.000440: 5 (1) Omit the entry for the Appointments Commission in each of the following—
p.000440: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000440: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000440: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000440: (2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and
p.000440: the cross-heading preceding each of paragraphs 4 and 5).
p.000440: 6 Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following—
p.000440: (a) the Medical Act 1983,
p.000440: (b) the Dentists Act 1984,
p.000440: (c) the Opticians Act 1989,
p.000440: (d) the Osteopaths Act 1993, and
p.000440: (e) the Chiropractors Act 1994.
...
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p.000009: (b) after paragraph (a) insert “, and
p.000009: (b) only by a person approved by the Secretary of State for the purposes of this subsection.”
p.000009: (4) After subsection (3) insert—
p.000009: “(3A) The Secretary of State may—
p.000009: (a) give directions to a person who provides high security psychiatric services about the provision
p.000009: by that person of those services;
p.000009: (b) give directions to the Board about the exercise of its functions in relation to high security psychiatric
p.000009: services.”
p.000009:
p.000009: 17 Other services etc. provided as part of the health service
p.000009: (1) In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and
p.000009: services under this Act” substitute “about the provision of services for the purposes of the health service in
p.000009: England”.
p.000009: (2) Schedule 1 to that Act is amended as follows.
p.000009: (3) In paragraph 1 (medical inspection of pupils)—
p.000009: (a) for “The Secretary of State” substitute “A local authority”, and
p.000009: (b) for “local authorities” substitute “the local authority”.
p.000009: (4) In paragraph 2—
p.000009: (a) in sub-paragraph (1)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”, and
p.000009: (ii) omit “, by arrangement with any local authority,”,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”,
p.000009: (ii) after “educational establishment” insert “in its area”, and
p.000009: (iii) for “a local authority” substitute “the local authority”, and
p.000009: (c) omit sub-paragraph (3).
p.000009: (5) In paragraph 4—
p.000009: (a) for “A local authority may not make an arrangement” substitute “A local authority may not
p.000009: provide for any medical inspection or treatment”, and
p.000009: (b) for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
p.000009: (6) In paragraph 5—
p.000009: (a) omit sub-paragraph (1)(a) and the word “and” immediately following it,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) omit “local authority or”,
p.000009: (ii) for “the Secretary of State” substitute “a local authority”, and
p.000009:
p.000009: Health and Social Care Act 2012 (c. 7)
p.000011: 11
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (iii) for “him” substitute “it”.
p.000011: (7) In paragraph 7A (weighing and measuring of children)—
p.000011: (a) for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
...
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p.000035: commissioning group.
p.000035: (4) Part 3 of Schedule 1A makes further provision about property transfer schemes and staff transfer schemes.
p.000035: 14J Publication of constitution of clinical commissioning groups
p.000035: (1) A clinical commissioning group must publish its constitution.
p.000035: (2) If the constitution of a clinical commissioning group is varied under section 14E or 14F, the group must publish
p.000035: the constitution as so varied.
p.000035: 14K Guidance about the establishment of clinical commissioning groups etc.
p.000035: The Board may publish guidance as to—
p.000035: (a) the making of applications under section 14B for the establishment of a clinical
p.000035: commissioning group, including guidance on the form, content or publication of the proposed constitution;
p.000035: (b) the making of applications under section 14E, 14G or 14H;
p.000035: (c) the publication of the constitutions of clinical commissioning groups under section 14J.
p.000035:
p.000035: Governing bodies of clinical commissioning groups
p.000035: 14L Governing bodies of clinical commissioning groups
p.000035: (1) A clinical commissioning group must have a governing body.
p.000035: (2) The main function of the governing body is to ensure that the group has made appropriate arrangements for
p.000035: ensuring that it complies with—
p.000035: (a) its obligations under section 14Q, and
p.000035: (b) such generally accepted principles of good governance as are relevant to it.
p.000035: (3) The governing body also has—
p.000035: (a) the function of determining the remuneration, fees and allowances payable to the
p.000035: employees of the clinical commissioning group or to other persons providing services to it,
p.000035: (b) the function of determining the allowances payable under a pension scheme established under paragraph
p.000035: 11(4) of Schedule 1A, and
p.000035: (c) such other functions connected with the exercise of its main function as may be specified in the
p.000035: group’s constitution or by regulations.
p.000035: (4) Only the following may be members of the governing body—
p.000035:
p.000035: 36 Health and Social
p.000035: Care Act 2012 (c. 7)
p.000035: Part 1 — The health service in England
p.000035:
p.000035: (a) a member of the group who is an individual;
p.000035: (b) an individual appointed by virtue of regulations under section 14N(2);
p.000035: (c) an individual of a description specified in the constitution of the group.
p.000035: (5) Regulations may make provision requiring a clinical commissioning group to obtain the approval of its
p.000035: governing body before exercising any functions specified in the regulations.
p.000035: (6) Regulations may make provision requiring governing bodies of clinical commissioning groups to publish, in
p.000035: accordance with the regulations, prescribed information relating to determinations made under subsection
p.000035: (3)(a) or (b).
p.000035: (7) The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a)
p.000035: or (b).
p.000035: 14M Audit and remuneration committees of governing bodies
p.000035: (1) The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.
p.000035: (2) The audit committee has—
...
p.000037: may be removed or suspended from office);
p.000037: (c) eligibility for re-appointment.
p.000037: (5) Regulations may—
p.000037: (a) make provision as to the matters which must be included in the constitutions of clinical commissioning
p.000037: groups under paragraph 8 of Schedule 1A;
p.000037: (b) make such other provision about the procedure of governing bodies or their audit or remuneration
p.000037: committees as the Secretary of State considers appropriate, including provision about the frequency of
p.000037: meetings.
p.000037: (6) In this section—
p.000037: “health care professional” means an individual who is a member of a profession regulated by a body mentioned in section
p.000037: 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
p.000037: “lay person” means an individual who is not—
p.000037: (a) a member of the clinical commissioning group,
p.000037: (b) a health care professional, or
p.000037: (c) an individual of a prescribed description.
p.000037:
p.000037: Conflicts of interest
p.000037: 14O Registers of interests and management of conflicts of interest
p.000037: (1) Each clinical commissioning group must maintain one or more registers of the interests of—
p.000037: (a) the members of the group,
p.000037:
p.000037: 38 Health and Social
p.000037: Care Act 2012 (c. 7)
p.000037: Part 1 — The health service in England
p.000037:
p.000037: (b) the members of its governing body,
p.000037: (c) the members of its committees or sub-committees or of committees or sub-committees of its
p.000037: governing body, and
p.000037: (d) its employees.
p.000037: (2) Each clinical commissioning group must publish the registers maintained under subsection (1) or
p.000037: make arrangements to ensure that members of the public have access to the registers on request.
p.000037: (3) Each clinical commissioning group must make arrangements to ensure—
p.000037: (a) that a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the
p.000037: person has in relation to a decision to be made in the exercise of the commissioning functions of the group,
p.000037: (b) that any such declaration is made as soon as practicable after the person becomes aware of the conflict or
p.000037: potential conflict and, in any event, within 28 days, and
p.000037: (c) that any such declaration is included in the registers maintained under subsection (1).
p.000037: (4) Each clinical commissioning group must make arrangements for managing conflicts and potential
p.000037: conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the
p.000037: group’s decision-making processes.
p.000037: (5) The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this
p.000037: section.
p.000037: (6) Each clinical commissioning group must have regard to guidance published under subsection (5).
p.000037: (7) For the purposes of this section, the commissioning functions of a clinical commissioning group
p.000037: are the functions of the group in arranging for the provision of services as part of the health service.”
p.000037: (2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act.
p.000037:
...
p.000041: implementation of the decisions would (if made) have such an impact.
p.000041: (3) The clinical commissioning group must include in its constitution—
p.000041: (a) a description of the arrangements made by it under subsection (2), and
p.000041: (b) a statement of the principles which it will follow in implementing those arrangements.
p.000041: (4) The Board may publish guidance for clinical commissioning groups on the discharge of their functions under this
p.000041: section.
p.000041: (5) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000041: (4).
p.000041:
p.000041: 42 Health and Social
p.000041: Care Act 2012 (c. 7)
p.000041: Part 1 — The health service in England
p.000041:
p.000041: (6) The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at
p.000041: the point when they are received by users.
p.000041:
p.000041: Arrangements with others
p.000041: 14Z3 Arrangements by clinical commissioning groups in respect of the exercise of functions
p.000041: (1) Any two or more clinical commissioning groups may make arrangements under this section.
p.000041: (2) The arrangements may provide for—
p.000041: (a) one of the clinical commissioning groups to exercise any of the commissioning functions of another on its
p.000041: behalf, or
p.000041: (b) all the clinical commissioning groups to exercise any of their commissioning functions jointly.
p.000041: (3) For the purposes of the arrangements a clinical commissioning group may—
p.000041: (a) make payments to another clinical commissioning group, or
p.000041: (b) make the services of its employees or any other resources available to another clinical commissioning
p.000041: group.
p.000041: (4) For the purposes of the arrangements, all the clinical commissioning groups may establish and maintain a pooled
p.000041: fund.
p.000041: (5) A pooled fund is a fund—
p.000041: (a) which is made up of contributions by all the groups, and
p.000041: (b) out of which payments may be made towards expenditure incurred in the discharge of any of the
p.000041: commissioning functions in respect of which the arrangements are made.
p.000041: (6) Arrangements made under this section do not affect the liability of a clinical commissioning group for the
p.000041: exercise of any of its functions.
p.000041: (7) In this section, “commissioning functions” means the functions of clinical commissioning groups in
p.000041: arranging for the provision of services as part of the health service (including the function of making a
p.000041: request to the Board for the purposes of section 14Z9).
p.000041: 14Z4 Joint exercise of functions with Local Health Boards
p.000041: (1) Regulations may provide for any prescribed functions of a clinical commissioning group to be exercised
p.000041: jointly with a Local Health Board.
p.000041: (2) Regulations may provide for any functions that are (by virtue of subsection (1)) exercisable
p.000041: jointly by a clinical commissioning group and a Local Health Board to be exercised by a joint committee of the
p.000041: group and the Local Health Board.
p.000041: (3) Arrangements made by virtue of this section do not affect the liability of a clinical commissioning group
p.000041: for the exercise of any of its functions.
p.000041:
p.000041: Health and Social Care Act 2012 (c. 7)
p.000043: 43
p.000043: Part 1 — The health service in England
p.000043:
...
p.000043: functions.
p.000043: (2) Each clinical commissioning group must have regard to guidance under this section.
p.000043: (3) The Board must consult the Healthwatch England committee of the Care Quality Commission—
p.000043: (a) before it first publishes guidance under this section, and
p.000043: (b) before it publishes any revised guidance containing changes that are, in the opinion of the Board,
p.000043: significant.
p.000043: 14Z9 Exercise of functions by the Board
p.000043: (1) The Board may, at the request of a clinical commissioning group, exercise on behalf of the group—
p.000043: (a) any of its functions under section 3 or 3A which are specified in the request, and
p.000043: (b) any other functions of the group which are related to the exercise of those functions.
p.000043: (2) Regulations may provide that the power in subsection (1) does not apply in relation to functions of a
p.000043: prescribed description.
p.000043: (3) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000043: agreed between the Board and the clinical commissioning group.
p.000043: (4) Arrangements made under this section do not affect the liability of a clinical commissioning group for the
p.000043: exercise of any of its functions.
p.000043: 14Z10 Power of Board to provide assistance or support
p.000043: (1) The Board may provide assistance or support to a clinical commissioning group.
p.000043: (2) The assistance that may be provided includes—
p.000043: (a) financial assistance, and
p.000043: (b) making the services of the Board’s employees or any other resources of the Board available to the
p.000043: clinical commissioning group.
p.000043: (3) Assistance or support provided under this section may be provided on such terms and conditions, including terms
p.000043: as to payment, as the Board considers appropriate.
p.000043: (4) The Board may, in particular, impose restrictions on the use of any financial or other assistance or
p.000043: support provided under this section.
p.000043: (5) A clinical commissioning group must comply with any restrictions imposed under subsection (4).
p.000043:
p.000043: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000045: 45
p.000045:
p.000045: Commissioning plans and reports
p.000045: 14Z11 Commissioning plan
p.000045: (1) Before the start of each relevant period, a clinical commissioning group must prepare a plan setting out how it
p.000045: proposes to exercise its functions in that period.
p.000045: (2) In subsection (1), “relevant period”, in relation to a clinical commissioning group, means—
p.000045: (a) the period which —
p.000045: (i) begins on such day during the first financial year of the group as the Board may direct, and
p.000045: (ii) ends at the end of that financial year, and
p.000045: (b) each subsequent financial year.
p.000045: (3) The plan must, in particular, explain how the group proposes to discharge its duties under—
p.000045: (a) sections 14R, 14T and 14Z2, and
p.000045: (b) sections 223H to 223J.
p.000045: (4) The clinical commissioning group must publish the plan.
p.000045: (5) The clinical commissioning group must give a copy of the plan to the Board before the date specified by the
p.000045: Board in a direction.
p.000045: (6) The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board.
...
p.000175: (a) the reference to the Secretary of State is to be read as a reference to the regulator, and
p.000175: (b) the reference to the chairman and directors of the trust is to be read as including a reference to the
p.000175: governors.”
p.000175: (4) Omit subsections (3) to (5) of that section.
p.000175: (5) At the end of that section insert—
p.000175: “(6) Subsection (7) applies in the case of an NHS foundation trust.
p.000175: (7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order—
p.000175: (a) terminate the office of any governor or of any executive or non- executive director of the trust;
p.000175: (b) appoint a person to be a governor or an executive or non- executive director of the trust.”
p.000175: (6) After that section insert—
p.000175: “65LA Trusts to be dissolved
p.000175: (1) This section applies if—
p.000175: (a) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and
p.000175: (b) the action recommended in the final report is to dissolve the NHS foundation trust in question.
p.000175: (2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation
p.000175: trust in question.
p.000175: (3) The regulator may make an order—
p.000175: (a) dissolving the trust, and
p.000175: (b) transferring, or providing for the transfer of, the property and liabilities of the trust—
p.000175: (i) to another NHS foundation trust or the Secretary of State, or
p.000175: (ii) between another NHS foundation trust and the Secretary of State.
p.000175: (4) An order under subsection (3) may include provision for the transfer of employees of the trust.
p.000175: (5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include
p.000175: criminal liabilities.”
p.000175: (7) For the cross-heading preceding section 65K substitute “Action by the Secretary of State and
p.000175: the regulator”.
p.000175:
p.000176: 176
p.000176:
p.000176: 178 Sections 174 to 177: supplementary
p.000176: Health and Social Care Act 2012 (c. 7) Part 4 — NHS foundation trusts & NHS trusts
p.000176: (1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator)
p.000176: insert—
p.000176: “(3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000176: the Secretary of State are to be read as references to the regulator.”
p.000176: (2) In section 65N of that Act (power to issue guidance), after subsection (2) insert—
p.000176: “(2A) It must include guidance about the publication of—
p.000176: (a) notices under section 65KC(4)(a);
p.000176: (b) statements under section 65KC(4)(b).”
p.000176: (3) At the end of that section insert—
p.000176: “(4) For the purposes of this section in its application to cases of NHS foundation trusts, the
p.000176: reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator.”
p.000176: (4) In section 65O of that Act (interpretation of Chapter 5A), in the definition of “trust special administrator”,
p.000176: after “65B(6)(a)” insert “, section 65D(2)”.
p.000176: (5) In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert “,
p.000176: (g) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA,
...
p.000192: commencement.
p.000192: (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local
p.000192: authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation
p.000192: for the authority’s area.
p.000192: (3) A scheme under this section may make provision for rights and liabilities relating to an individual’s
p.000192: contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision
p.000192: in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000192: (4) A scheme under this section may provide for the transfer of property, rights or liabilities—
p.000192: (a) whether or not they would otherwise be capable of being transferred;
p.000192: (b) irrespective of any requirement for consent that would otherwise apply.
p.000192: (5) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or
p.000192: liabilities transferred.
p.000192: (6) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of
p.000192: or in connection with anything transferred to be—
p.000192: (a) treated as done by or in relation to the transferee or its employees;
p.000192: (b) continued by or in relation to the transferee or its employees.
p.000192: (7) A scheme under this section may in particular make provision about continuation of legal
p.000192: proceedings.
p.000192: (8) A scheme under this section may include provision requiring the local authority to pay compensation
p.000192: to the transferor; and for that purpose the scheme may—
p.000192: (a) impose a duty on the local authority to determine the amount of the compensation;
p.000192: (b) confer power on the Secretary of State to do so.
p.000192: (9) A scheme under this section may include supplementary, incidental and consequential provision.
p.000192: (10) Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional
p.000192: arrangements).
p.000192:
p.000192: 189 Consequential provision
p.000192: (1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by
p.000192: paragraph 2 of Schedule 13) insert—
p.000192: “(bl) Local Healthwatch organisations, as regards the carrying-on of activities specified in section
p.000192: 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);”.
p.000192: (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—
p.000192: “Director of a Local Healthwatch organisation.”
p.000192:
p.000192: Health and Social Care Act 2012 (c. 7)
p.000192: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000193: 193
p.000193:
p.000193: (3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place
p.000193: insert—
p.000193: “Director of a Local Healthwatch organisation.”
...
p.000230:
p.000230: (3) In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.
p.000230:
p.000230: 226 Accountability and governance
p.000230: (1) Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the
p.000230: Authority) is amended as follows.
p.000230: (2) In paragraph 4 (membership and chair)—
p.000230: (a) in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and
p.000230: (b) in paragraph (f), for “two executive members” substitute “one executive member”.
p.000230: (3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.
p.000230: (4) In paragraph 10 (remuneration and allowances)—
p.000230: (a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and
p.000230: (b) for sub-paragraphs (3) and (4) substitute—
p.000230: “(3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in
p.000230: respect of a person who is or has been the chair or any other member of the Authority.
p.000230: (4) The Authority may, where it considers there are special circumstances that make it right for a person
p.000230: ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may
p.000230: determine.”
p.000230: (5) In paragraph 11 (employees)—
p.000230: (a) in sub-paragraph (1), for “members” substitute “member”, and
p.000230: (b) in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.
p.000230: (6) In paragraph 15 (accounts)—
p.000230: (a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”,
p.000230: and
p.000230: (b) in sub-paragraph (3)—
p.000230: (i) omit “the Secretary of State and”, and
p.000230: (ii) for “the Secretary of State” substitute “the Privy Council”.
p.000230: (7) In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—
p.000230: “(1B) The Authority must, by such date in each year as the Privy Council determines, publish—
p.000230: (a) a strategic plan for the Authority for the coming financial year, and
p.000230: (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.”
p.000230: (8) In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each
p.000230: of its strategic plans published in that year,”.
p.000230:
p.000230: Health and Social Care Act 2012 (c. 7)
p.000230: Part 7 — Regulation of health and social care workers
p.000231: 231
p.000231:
p.000231: (9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—
p.000231: “(3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of
p.000231: Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.”
p.000231:
p.000231: 227 Appointments to regulatory bodies
...
p.000271: from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that
p.000271: the body may do so.
p.000271: (6) The power to make an order under subsection (5)—
p.000271: (a) may be exercised so as to specify different functions in relation to each body, but
p.000271:
p.000272: 272
p.000272: Health and Social Care Act 2012 (c. 7)
p.000272: Part 11 — Miscellaneous
p.000272:
p.000272: (b) may not be exercised so as to prevent a body from complying with a requirement imposed by or under an
p.000272: enactment or by a court or tribunal.
p.000272: (7) In default of agreement as to the exercise of a function specified in an order under subsection (5), a body
p.000272: may exercise the function in accordance with provision determined by arbitration.
p.000272: (8) An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the
p.000272: period specified for that purpose may not exceed one year beginning with the day on which the order comes into force.
p.000272: (9) But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an
p.000272: effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order
p.000272: extend by one year the period for which the prohibition for the time being has effect.
p.000272: (10) In this section, “the health service” means the comprehensive health service continued under section 1(1) of
p.000272: the National Health Service Act 2006.
p.000272:
p.000272: The Care Quality Commission
p.000272:
p.000272: 292 Requirement for Secretary of State to approve remuneration policy etc.
p.000272: In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the
p.000272: end insert—
p.000272: “(5) Before making a determination as to remuneration, pensions, allowances or gratuities for the
p.000272: purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy
p.000272: on that matter.”
p.000272:
p.000272: 293 Conduct of reviews etc.
p.000272: (1) Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is amended as follows.
p.000272: (2) In section 48 (special reviews and investigations)—
p.000272: (a) in subsection (1) after “may” insert “, with the approval of the Secretary of State,”, and
p.000272: (b) after subsection (1) insert—
p.000272: “(1A) The Commission may conduct an investigation under this section without the approval of the Secretary of
p.000272: State where the Commission considers there to be a risk to the health, safety or welfare of persons receiving health or
p.000272: social care.”
p.000272: (3) In section 54 (studies as to economy, efficiency etc.), in each of subsections (1) and (3) after “may” insert “,
p.000272: with the approval of the Secretary of State,”.
p.000272: (4) In section 57 (reviews of data, studies and research), in subsection (1) after “may” insert “, with
p.000272: the approval of the Secretary of State,”.
p.000272:
p.000272: 294 Failure to discharge functions
p.000272: (1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to
p.000272:
p.000272: Health and Social Care Act 2012 (c. 7)
p.000272: Part 11 — Miscellaneous
p.000272:
p.000272: discharge functions), in subsection (1), at the end insert “, and that the failure is significant.”
p.000272: (2) After subsection (2) of that section insert—
...
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: “SCHEDULE A1 Section 1H(4)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: 1 (1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000285: immunity of the Crown.
p.000285: (2) The Board’s property is not to be regarded as property of, or property held on behalf of, the Crown.
p.000285: Membership
p.000285: 2 (1) The Board is to consist of—
p.000285: (a) a chair appointed by the Secretary of State,
p.000285: (b) at least five other members so appointed, and
p.000285: (c) the chief executive and other members appointed in accordance with paragraph 3.
p.000285: (2) In this Schedule—
p.000285: (a) references to non-executive members of the Board are references to the members appointed in accordance
p.000285: with sub-paragraph (1)(a) and (b), and
p.000285: (b) references to executive members of the Board are references to the other members.
p.000285: (3) The number of executive members must be less than the number of non-executive members.
p.000285: The chief executive and other executive members: appointment and status
p.000285: 3 (1) The chief executive and the other executive members of the Board are to be appointed by the non-executive
p.000285: members.
p.000285: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000285: (3) The chief executive and the other executive members are to be employees of the Board.
p.000285: (4) The first chief executive of the Board is to be appointed by the Secretary of State.
p.000285:
p.000286: 286
p.000286: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000286: Non-executive members: tenure
p.000286: 4 (1) A person holds and vacates office as a non-executive member of the Board in accordance with that person’s
p.000286: terms of appointment.
p.000286: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
p.000286: (3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the
p.000286: following grounds—
p.000286: (a) incapacity,
p.000286: (b) misbehaviour, or
p.000286: (c) failure to carry out his or her duties as a non-executive member.
p.000286: (4) The Secretary of State may suspend a person from office as a non- executive member if it appears to the Secretary
p.000286: of State that there are or may be grounds to remove that person from office under sub-paragraph (3).
p.000286: (5) A person may not be appointed as a non-executive member for a period of more than four years.
p.000286: (6) A person who ceases to be a non-executive member is eligible for re-appointment.
p.000286: Suspension of non-executive members
p.000286: 5 (1) This paragraph applies where a person is suspended under paragraph 4(4).
p.000286: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect
p.000286: on receipt by the person of the notice.
p.000286: (3) The notice may be—
p.000286: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
...
p.000287: (a) decides that there are no grounds to remove the person from office under paragraph 4(3), or
p.000287: (b) decides that there are grounds to do so but does not remove the person from office under that
p.000287: provision.
p.000287: 6 (1) Where a person is suspended from office as the chair under paragraph 4(4), the Secretary of State
p.000287: may appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000287: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000287: (a) the period ending with either—
p.000287: (i) the appointment of a new chair, or
p.000287: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000287: (b) the remainder of the interim chair’s term as a non- executive member.
p.000287: (3) A person who ceases to be the interim chair is eligible for re- appointment.
p.000287: Payment of non-executive members
p.000287: 7 (1) The Board must pay to its non-executive members such remuneration as the Secretary of State
p.000287: may determine.
p.000287: (2) The Board must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary
p.000287: of State may determine to or in respect of any person who is or has been a non- executive member of the Board.
p.000287: (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are
p.000287: exceptional circumstances which mean that the person should be compensated, the Board must pay compensation to the
p.000287: person of such amount as the Secretary of State may, with the approval of the Treasury, determine.
p.000287: Staff
p.000287: 8 The Board may appoint such persons to be employees of the Board as it considers appropriate.
p.000287: 9 (1) Employees of the Board are to be paid such remuneration and allowances as the Board may
p.000287: determine.
p.000287: (2) Employees of the Board are to be appointed on such other terms and conditions as the Board may determine.
p.000287: (3) The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may
p.000287: determine to or in respect of any person who is or has been an employee of the Board.
p.000287: (4) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes
p.000287: of this paragraph, the
p.000287:
p.000288: 288
p.000288:
p.000288:
p.000288:
p.000288:
p.000288: Committees
p.000288: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000288:
p.000288: Board must obtain the approval of the Secretary of State to its policy on the matter.
p.000288: 10 (1) The Board may appoint such committees and sub-committees as it considers appropriate.
p.000288: (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Board.
p.000288: (3) The Board may pay such remuneration and allowances as it determines to any person who—
p.000288: (a) is a member of a committee or a sub-committee, but
p.000288: (b) is not an employee of the Board,
p.000288: whether or not that person is a non-executive member of the Board.
p.000288: Trust funds and trustees
p.000288: 11 (1) The Secretary of State may by order provide for the appointment of trustees for the Board to hold property
p.000288: on trust—
p.000288: (a) for the general or any specific purposes of the Board, or
p.000288: (b) for any purposes relating to the health service in England.
p.000288: (2) An order under sub-paragraph (1) may—
p.000288: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000288: their appointment,
p.000288: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000288: requiring the consent of the Secretary of State),
p.000288: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000288: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000288: Secretary of State considers appropriate, and
p.000288: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000288: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000288: the transfer of any trust property from the Board to the trustees.
p.000288: Procedure
p.000288: 12 (1) The Board may regulate its own procedure.
...
p.000290: (c) if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.
p.000290: Seal and evidence
p.000290: 18 (1) The application of the Board’s seal must be authenticated by the signature of any member of the Board or any
p.000290: other person who has been authorised (generally or specially) for that purpose.
p.000290: (2) A document purporting to be duly executed under the Board’s seal or to be signed on its behalf must be
p.000290: received in evidence and, unless the contrary is proved, taken to be so executed or signed.”
p.000290:
p.000290: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000291: 291
p.000291:
p.000291: SCHEDULE 2 Section 25(2)
p.000291:
p.000291:
p.000291:
p.000291:
p.000291:
p.000291:
p.000291:
p.000291:
p.000291: General
p.000291: CLINICAL COMMISSIONING GROUPS
p.000291: “SCHEDULE 1A Sections 14B(6), 14D(2) and 14I(4)
p.000291: CLINICAL COMMISSIONING GROUPS
p.000291: PART 1
p.000291: CONSTITUTION OF CLINICAL COMMISSIONING GROUPS
p.000291: 1 A clinical commissioning group must have a constitution.
p.000291: 2 (1) The constitution must specify—
p.000291: (a) the name of the clinical commissioning group,
p.000291: (b) the members of the group, and
p.000291: (c) the area of the group.
p.000291: (2) The name of the group must comply with such requirements as may be prescribed.
p.000291: 3 (1) The constitution must specify the arrangements made by the clinical commissioning group for the
p.000291: discharge of its functions (including its functions in determining the terms and conditions of its employees).
p.000291: (2) The arrangements may include provision—
p.000291: (a) for the appointment of committees or sub-committees of the clinical commissioning group, and
p.000291: (b) for any such committees to consist of or include persons other than members or employees of
p.000291: the clinical commissioning group.
p.000291: (3) The arrangements may include provision for any functions of the clinical commissioning group to be exercised on
p.000291: its behalf by—
p.000291: (a) any of its members or employees,
p.000291: (b) its governing body, or
p.000291: (c) a committee or sub-committee of the group.
p.000291: 4 (1) The constitution must specify the procedure to be followed by the clinical commissioning group in making
p.000291: decisions.
p.000291: (2) The constitution must also specify the arrangements made by the clinical commissioning group for
p.000291: securing that there is transparency about the decisions of the group and the manner in which they are made.
p.000291: 5 The constitution must specify the arrangements made by the clinical commissioning group for
p.000291: discharging its duties under section 14O(1) to (4).
p.000291: 6 The provision made by virtue of paragraphs 3 and 4 must secure that there is effective participation by
p.000291: each member of the clinical commissioning group in the exercise of the group’s functions.
p.000291:
p.000292: 292
p.000292: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000292: Governing bodies of clinical commissioning groups
p.000292: 7 (1) The constitution must specify the arrangements made by the clinical commissioning group for the
p.000292: discharge of the functions of its governing body.
p.000292: (2) The arrangements—
p.000292: (a) must include provision for the appointment of the audit committee and remuneration committee of the governing
p.000292: body, and
p.000292: (b) may include provision for the appointment of other committees or sub-committees of the governing
p.000292: body.
p.000292: (3) Arrangements under sub-paragraph (2)(a) may include provision for the audit committee to include individuals
p.000292: who are not members of the governing body.
p.000292: (4) Arrangements under sub-paragraph (2)(b) may include provision for a committee or sub-committee to include
...
p.000292: 8 (1) The constitution must specify the procedure to be followed by the governing body in making decisions.
p.000292: (2) The constitution must also specify the arrangements made by the clinical commissioning group for
p.000292: securing that there is transparency about the decisions of the governing body and the manner in which they are
p.000292: made.
p.000292: (3) The provision made under sub-paragraph (2) must include provision for meetings of governing
p.000292: bodies to be open to the public, except where the clinical commissioning group considers that it would not be in
p.000292: the public interest to permit members of the public to attend a meeting or part of a meeting.
p.000292: Supplemental
p.000292: 9 In addition to the provision authorised or required to be included under this Part of this Schedule, the
p.000292: constitution may make further provision.
p.000292:
p.000292: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000292:
p.000292:
p.000292: PART 2
p.000293: 293
p.000293: FURTHER PROVISION ABOUT CLINICAL COMMISSIONING GROUPS
p.000293: Status
p.000293: 10 (1) A clinical commissioning group is a body corporate.
p.000293: (2) A clinical commissioning group is not to be regarded as a servant or agent of the Crown or as enjoying any
p.000293: status, privilege or immunity of the Crown.
p.000293: (3) The property of a clinical commissioning group is not to be regarded as property of, or property held on
p.000293: behalf of, the Crown.
p.000293: Staff
p.000293: 11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers
p.000293: appropriate.
p.000293: (2) A clinical commissioning group must—
p.000293: (a) pay its employees remuneration and travelling or other allowances in accordance with determinations made
p.000293: by its governing body under section 14L(3)(a), and
p.000293: (b) employ them on such other terms and conditions as it may determine.
p.000293: (3) A clinical commissioning group may, for or in respect of such of its employees as it may determine,
p.000293: make arrangements for providing pensions, allowances or gratuities.
p.000293: (4) Such arrangements may include the establishment and administration, by the clinical
p.000293: commissioning group or otherwise, of one or more pension schemes.
p.000293: (5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of
p.000293: pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning
p.000293: group’s employees who suffer loss of office or employment or loss or diminution of emoluments.
p.000293: Accountable officer
p.000293: 12 (1) A clinical commissioning group must have an accountable officer.
p.000293: (2) The accountable officer is to be appointed by the Board.
p.000293: (3) The Board may appoint a person to be the accountable officer for more than one clinical commissioning group (and
p.000293: in the following provisions of this paragraph such an appointment is referred to as a “joint appointment”).
p.000293: (4) The accountable officer may be—
p.000293: (a) an individual who is a member of the clinical commissioning group or of any body that is
p.000293: a member of the group or, in the case of a joint appointment, an individual who is a member of any of
p.000293: the groups in
p.000293:
p.000294: 294
p.000294: Health and Social Care Act 2012 (c. 7)
p.000294: Schedule 2 — Clinical commissioning groups
p.000294:
p.000294: question or of any body that is a member of any of those groups, or
p.000294: (b) an employee of the group or of any member of the group or, in the case of a joint appointment, an employee of
p.000294: any of the groups in question or of any member of those groups.
p.000294: (5) If the accountable officer is not an employee of the clinical commissioning group or, in the case of a
p.000294: joint appointment, of any of the groups in question, the group or any of the groups may pay remuneration and
...
p.000294: (ii) sections 223H to 223J,
p.000294: (iii) paragraphs 17 to 19 of this Schedule, and
p.000294: (iv) any other provision of this Act specified in a document published by the Board for the purposes of this
p.000294: sub-paragraph, and
p.000294: (b) exercises its functions in a way which provides good value for money.
p.000294: Remuneration etc for members of governing bodies
p.000294: 13 (1) A clinical commissioning group may pay members of its governing body such remuneration
p.000294: and travelling or other allowances as it considers appropriate.
p.000294: (2) A clinical commissioning group may, for or in respect of such members of its governing body as it
p.000294: may determine, make arrangements for providing pensions, allowances or gratuities.
p.000294: (3) Such arrangements may include the establishment and administration, by the clinical
p.000294: commissioning group or otherwise, of one or more pension schemes.
p.000294:
p.000294: Health and Social Care Act 2012 (c. 7) Schedule 2 — Clinical commissioning groups
p.000295: 295
p.000295: (4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of
p.000295: pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body
p.000295: who suffer loss or diminution of emoluments.
p.000295: (5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the
p.000295: arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be
p.000295: members of the scheme.
p.000295: (6) Sub-paragraph (2) does not apply to members of the governing body who are—
p.000295: (a) members or employees of the clinical commissioning group, or
p.000295: (b) members or employees of a body that is a member of the clinical commissioning group.
p.000295: Additional powers in respect of payment of allowances
p.000295: 14 A clinical commissioning group may pay such travelling or other allowances as it considers appropriate to
p.000295: any of the following—
p.000295: (a) members of the clinical commissioning group who are individuals;
p.000295: (b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between
p.000295: the member and the group;
p.000295: (c) members of any committee or sub-committee of the clinical commissioning group or its governing
p.000295: body.
p.000295: Trust funds and trustees
p.000295: 15 (1) The Secretary of State may by order provide for the appointment of trustees for a clinical commissioning
p.000295: group to hold property on trust—
p.000295: (a) for the general or any specific purposes of the group, or
p.000295: (b) for any purposes relating to the health service in England.
p.000295: (2) An order under sub-paragraph (1) may—
p.000295: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000295: their appointment,
p.000295: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000295: requiring the consent of the Secretary of State),
p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
...
p.000371: a Primary Care Trust that are exercisable by the group by virtue of sub- paragraph (1)—
p.000371: (a) section 14P(1),
p.000371: (b) section 14Q,
p.000371: (c) section 14R(1),
p.000371: (d) section 14T,
p.000371: (e) section 14U(1),
p.000371: (f) section 14V,
p.000371: (g) section 14W(1),
p.000371: (h) section 14X,
p.000371: (i) section 14Y,
p.000371: (j) section 14Z1(1) and (2),
p.000371: (k) section 14Z3(7),
p.000371: (l) section 14Z4(1),
p.000371: (m) section 14Z5(2),
p.000371: (n) section 14Z7(7) insofar as it defines “commissioning functions” in section 14Z8,
p.000371: (o) sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),
p.000371: (p) in Schedule 1A, paragraphs 3(1) and (3), 6 and 12(9)(b).
p.000371: (3) Arrangements made under sub-paragraph (1) do not affect the liability of the Primary Care Trust for the exercise
p.000371: of any of its functions.
p.000371: Power to make payments to the Board during initial period
p.000371: 12 (1) The Secretary of State may make payments to the Board of such amounts as the Secretary of State
p.000371: considers appropriate towards meeting the expenditure of the Board which is attributable to the performance by
p.000371: it of its functions during the initial period.
p.000371: (2) Payments under sub-paragraph (1) may be made at such times and on such terms and conditions as the Secretary of
p.000371: State considers appropriate.
p.000371: Support for clinical commissioning groups during initial period
p.000371: 13 (1) A Primary Care Trust may provide assistance or support to a clinical commissioning group during
p.000371: the initial period.
p.000371: (2) The assistance that may be provided includes—
p.000371: (a) financial assistance, and
p.000371: (b) making the services of the Trust’s employees or any other resources of the Trust available to the group.
p.000371:
p.000372: 372
p.000372: Health and Social Care Act 2012 (c. 7)
p.000372: Schedule 6 — Part 1: transitional provision
p.000372:
p.000372: (3) Assistance or support provided under this paragraph may be provided on such terms and conditions, including
p.000372: terms as to payment, as the Trust considers appropriate.
p.000372: (4) The Primary Care Trust may, in particular, impose restrictions on the use of any financial or other assistance or
p.000372: support provided under this paragraph.
p.000372: (5) A clinical commissioning group must comply with any restrictions imposed under sub-paragraph (4).
p.000372:
p.000372:
p.000372: SCHEDULE 7 Section 56(4)
p.000372: ABOLITION OF THE HEALTH PROTECTION AGENCY: CONSEQUENTIAL AMENDMENTS
p.000372: Parliamentary Commissioner Act 1967 (c. 13)
p.000372: 1 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—
p.000372: (a) omit the entry for the Health Protection Agency, and
p.000372: (b) in the Notes, omit the paragraph on the Health Protection Agency.
p.000372: Superannuation Act 1972 (c. 11)
p.000372: 2 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under
p.000372: section 1 of that Act can apply), omit the entry for the Health Protection Agency.
p.000372: Local Government Act 1972 (c. 70)
p.000372: 3 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
...
p.000374: Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
p.000375: 375
p.000375: 25 In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health
p.000375: and social services contracts), in paragraph (2)(g) omit paragraph (vi).
p.000375:
p.000375:
p.000375: SCHEDULE 8 Section 61
p.000375: MONITOR
p.000375: Membership
p.000375: 1 (1) Monitor is to consist of—
p.000375: (a) a chair appointed by the Secretary of State,
p.000375: (b) at least four other members so appointed, and
p.000375: (c) the chief executive and other members appointed in accordance with paragraph 2.
p.000375: (2) The number of executive members must be less than the number of non- executive members.
p.000375: (3) In this Schedule—
p.000375: (a) references to non-executive members of Monitor are references to the members appointed in accordance with
p.000375: sub-paragraph (1)(a) and (b), and
p.000375: (b) references to executive members of Monitor are references to the other members.
p.000375: The chief executive and other executive members: appointment and status
p.000375: 2 (1) The chief executive and the other executive members of Monitor are to be appointed by the non-executive
p.000375: members.
p.000375: (2) A person may not be appointed as chief executive or as another executive member without the consent of the
p.000375: Secretary of State.
p.000375: (3) The non-executive members may not appoint more than five executive members without the consent of the
p.000375: Secretary of State.
p.000375: (4) The chief executive and the other executive members are to be employees of Monitor.
p.000375: Non-executive members: tenure
p.000375: 3 (1) A person holds and vacates office as a non-executive member of Monitor in accordance with that person’s
p.000375: terms of appointment.
p.000375: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
p.000375: (3) The Secretary of State may at any time remove a person from office as a non- executive member on any of the
p.000375: following grounds—
p.000375: (a) incapacity,
p.000375: (b) misbehaviour, or
p.000375:
p.000376: 376
p.000376: Health and Social Care Act 2012 (c. 7)
p.000376: Schedule 8 — Monitor
p.000376: (c) failure to carry out his or her duties as a non-executive member.
p.000376: (4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000376: Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).
p.000376: (5) A person may not be appointed as a non-executive member for a period of more than four years.
p.000376: (6) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000376: Suspension from office
p.000376: 4 (1) This paragraph applies where a person is suspended under paragraph 3(4).
p.000376: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000376: by the person of the notice.
p.000376: (3) The notice may be—
p.000376: (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
p.000376: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000376: the third day after the day on which it is posted).
...
p.000376: (b) decides that there are grounds to do so but does not remove the person from office under that
p.000376: provision.
p.000376: 5 (1) Where a person is suspended from office as the chair under paragraph 3(4), the Secretary of State may
p.000376: appoint a non-executive member as interim chair to exercise the chair’s functions.
p.000376: (2) Appointment as interim chair is for a term not exceeding the shorter of—
p.000376: (a) the period ending with either—
p.000376: (i) the appointment of a new chair, or
p.000376: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000376:
p.000376: Health and Social Care Act 2012 (c. 7) Schedule 8 — Monitor
p.000377: 377
p.000377: (b) the remainder of the interim chair’s term as a non-executive member.
p.000377: (3) A person who ceases to be the interim chair is eligible for re-appointment.
p.000377: Payment of non-executive members
p.000377: 6 (1) Monitor must pay to its non-executive members such remuneration and allowances as the Secretary of
p.000377: State may determine.
p.000377: (2) Monitor must pay or make provision for the payment of such pensions, allowances or gratuities as it
p.000377: may, with the approval of the Secretary of State, determine to or in respect of any person who is or has been a
p.000377: non-executive member.
p.000377: (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional
p.000377: circumstances which mean that the person should be compensated, Monitor must pay compensation to the person of such
p.000377: amount as the Secretary of State may determine.
p.000377: Staff
p.000377: 7 (1) Monitor may appoint such persons to be employees of Monitor as it considers appropriate.
p.000377: (2) Employees of Monitor are to be paid such remuneration and allowances as Monitor may determine.
p.000377: (3) Employees of Monitor are to be appointed on such other terms and conditions as Monitor may determine.
p.000377: (4) Monitor may pay or make provision for the payment of such pensions, allowances or gratuities as it may
p.000377: determine to or in respect of any person who is or has been an employee of Monitor.
p.000377: (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of
p.000377: sub-paragraph (2) or (4), Monitor must obtain the approval of the Secretary of State to its policy on that matter.
p.000377: Superannuation
p.000377: 8 (1) Sub-paragraph (2) applies where a person who is an active or deferred member of a scheme
p.000377: under section 1 of the Superannuation Act 1972 is appointed as chair.
p.000377: (2) The Minister for the Civil Service may determine that the person’s office as chair is to be treated for the
p.000377: purposes of the scheme as service in the employment by reference to which the person is a member (whether or not
p.000377: any benefits are payable by virtue of paragraph 6(2)).
p.000377: (3) Employment with Monitor is among the kinds of employment to which a scheme under section 1 of the
p.000377: Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (in which those kinds of employment
p.000377: are listed), at the end of the list of “Other Bodies” insert—
p.000377: “Monitor”.
p.000377: (4) Monitor must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the
p.000377: Minister may determine in respect of
p.000377:
p.000378: 378
p.000378: Health and Social Care Act 2012 (c. 7)
p.000378: Schedule 8 — Monitor
p.000378:
p.000378: any increase attributable to sub-paragraph (2) or (3) in the sums payable out of money provided by Parliament under the
p.000378: Superannuation Act 1972.
p.000378: Committees
p.000378: 9 (1) Monitor may appoint such committees and sub-committees as it considers appropriate.
p.000378: (2) A committee or sub-committee may consist of or include persons who are not members or employees of Monitor.
p.000378: (3) Monitor may pay such remuneration and allowances as it determines to any person who—
p.000378: (a) is a member of a committee or sub-committee, but
p.000378: (b) is not an employee of Monitor,
p.000378: whether or not that person is a non-executive member of Monitor.
p.000378: Procedure
p.000378: 10 (1) Monitor may regulate its own procedure.
p.000378: (2) The validity of any act of Monitor is not affected by any vacancy among the members or by any defect in the
p.000378: appointment of a member.
p.000378: Exercise of functions
p.000378: 11 (1) Monitor must exercise its functions effectively, efficiently and economically.
p.000378: (2) Monitor may arrange for the exercise of its functions on its behalf by—
p.000378: (a) a non-executive member;
p.000378: (b) an employee (including the chief executive);
p.000378: (c) a committee or sub-committee.
p.000378: Assistance
p.000378: 12 (1) Monitor may arrange for persons to assist it in the exercise of its functions in relation to—
p.000378: (a) a particular case, or
p.000378: (b) cases of a particular description.
p.000378: (2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts
p.000378: in respect of, such persons.
p.000378: Borrowing
p.000378: 13 (1) Monitor may, with the consent of the Secretary of State, borrow money temporarily by way of
p.000378: overdraft.
p.000378: (2) But subject to that, and subject to sections 145 and 146 (power to borrow for exercising functions in
p.000378: relation to financial assistance and power of Secretary of State to lend etc.), Monitor may not borrow
p.000378: money.
p.000378: Acquiring information
...
p.000408: 62 In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health Service Act 2006,”.
p.000408: Health Service Commissioners Act 1993 (c. 46)
p.000408: 63 In section 2(1) of the Health Service Commissioners Act 1993 (bodies subject to investigation by the
p.000408: Commissioner), omit paragraph (d).
p.000408: Vehicle Excise and Registration Act 1994 (c. 22)
p.000408: 64 In Schedule 2 to the Vehicle Excise and Registration Act 1994 (vehicle exempt from vehicle
p.000408: excise duty), in paragraph 7(b) omit “the National Health Service Act 2006,”.
p.000408: Value Added Tax Act 1994 (c. 23)
p.000408: 65 The Value Added Tax Act 1994 is amended as follows.
p.000408: 66 In section 41(7) (definition of “government department”), for “Part I of that Act” substitute “section 18
p.000408: of the National Health Service (Wales) Act 2006”.
p.000408: 67 In Part 2 of Schedule 8 (zero-rated supply of goods and services)—
p.000408: (a) in the Notes for group 12 (drugs, medicines, aids for the handicapped), in paragraph (e)
p.000408: of Note (5H) omit “the National Health Service Act 2006 or”, and
p.000408:
p.000408: Health and Social Care Act 2012 (c. 7)
p.000408: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000409: 409
p.000409: (b) in the Notes for group 15 (charities, etc.), in paragraph (i) of Note 4 for “Part I of the National Health
p.000409: Service and Community Care Act 1990” substitute “section 18 of the National Health Service (Wales) Act 2006”.
p.000409: Employment Rights Act 1996 (c. 18)
p.000409: 68 The Employment Rights Act 1996 is amended as follows.
p.000409: 69 In section 50(8)(a) (right of employees of NHS trusts to time off for public duties), omit “section 25 of
p.000409: the National Health Service Act 2006,”.
p.000409: 70 In section 218(10)(c) (change of employer) omit “the National Health Service Act 2006 or”.
p.000409: Audit Commission Act 1998 (c. 18)
p.000409: 71 The Audit Commission Act 1998 is amended as follows.
p.000409: 72 Omit section 33(8)(c) (bodies not subject to certain Commission studies).
p.000409: 73 In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National
p.000409: Health Service Trust”.
p.000409: Data Protection Act 1998 (c. 29)
p.000409: 74 In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in
p.000409: paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
p.000409: Health Act 1999 (c. 8)
p.000409: 75 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend
p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
...
p.000424: (c) the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to
p.000424: the Secretary of State.
p.000424: (3) Subject to that, anything which the OHPA is required to do under an enactment before abolition may,
p.000424: in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition.
p.000424: 77 A reference in any document to the OHPA is, so far as necessary or appropriate in consequence
p.000424: of section 231(1), to be read after abolition as a reference to the Secretary of State.
p.000424: 78 In paragraphs 76 and 77—
p.000424: “abolition” means the commencement of section 231(1);
p.000424: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the
p.000424: Interpretation Act 1978);
p.000424: “the OHPA” means the Office of the Health Professions Adjudicator.
p.000424:
p.000424:
p.000424: SCHEDULE 16 Section 232
p.000424: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000424: Membership, appointment, etc.
p.000424: 1 (1) NICE consists of—
p.000424: (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive
p.000424: members”), and
p.000424: (b) at least three but not more than five other members appointed by the non-executive members (referred to
p.000424: in this Schedule as the “executive members”).
p.000424: (2) One of the non-executive members must be appointed as the chair.
p.000424: (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without
p.000424: the approval of the Secretary of State.
p.000424: (4) The executive members are employees of NICE.
p.000424:
p.000424: Health and Social Care Act 2012 (c. 7)
p.000424: Schedule 16 — The National Institute for Health and Care Excellence
p.000424: (5) Regulations may—
p.000425: 425
p.000425: (a) prescribe the number of executive members (subject to sub- paragraph (1)(b)), and
p.000425: (b) provide that all or any of the executive members (other than the chief executive) must hold posts of
p.000425: descriptions specified in the regulations.
p.000425: Tenure of non-executive office
p.000425: 2 (1) The chair and other non-executive members—
p.000425: (a) hold and vacate office in accordance with the terms of their appointments, but
p.000425: (b) may resign office by giving notice to the Secretary of State.
p.000425: (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the
p.000425: following grounds—
p.000425: (a) incapacity,
p.000425: (b) misbehaviour, or
p.000425: (c) failure to carry out his or her duties as a non-executive member.
p.000425: (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears
p.000425: to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
p.000425: (4) A non-executive member may not be appointed for a period of more than four years.
p.000425: (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
p.000425: Suspension from non-executive office
p.000425: 3 (1) This paragraph applies where a person is suspended under paragraph 2(3).
p.000425: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000425: by the person of the notice.
...
p.000426: provision.
p.000426: 4 (1) This paragraph applies where a person is suspended from office as the chair under paragraph 2(3).
p.000426: (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions.
p.000426: (3) The interim chair—
p.000426: (a) holds and vacates office in accordance with the terms of the appointment, but
p.000426: (b) may resign office by giving notice in writing to the Secretary of State.
p.000426: (4) Appointment as interim chair is for a term not exceeding the shorter of—
p.000426: (a) the period ending with either—
p.000426: (i) the appointment of a new chair, or
p.000426: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000426: (b) the remainder of the interim chair’s term as a non-executive member.
p.000426: (5) A person who ceases to be the interim chair is eligible for re-appointment.
p.000426: Remuneration etc. of non-executive members
p.000426: 5 (1) NICE must pay to the non-executive members such remuneration and allowances as the Secretary of
p.000426: State may determine.
p.000426: (2) NICE must pay or make provision for the payment of such pensions, allowances or gratuities as the
p.000426: Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
p.000426: (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional
p.000426: circumstances which mean that the person should be compensated, NICE must pay compensation to the person of such amount
p.000426: as the Secretary of State may determine.
p.000426: Staff
p.000426: 6 (1) NICE may appoint such persons to be employees of NICE as it considers appropriate.
p.000426: (2) Employees of NICE are to be paid such remuneration and allowances as NICE may determine.
p.000426: (3) Employees of NICE are to be appointed on such other terms and conditions as NICE may determine.
p.000426:
p.000426: Health and Social Care Act 2012 (c. 7)
p.000426: Schedule 16 — The National Institute for Health and Care Excellence
p.000427: 427
p.000427: (4) NICE may pay or make provision for the payment of such pensions, allowances or gratuities as it may
p.000427: determine to or in respect of any person who is or has been an employee of NICE.
p.000427: (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of
p.000427: sub-paragraph (2) or (4), NICE must obtain the approval of the Secretary of State to its policy on that matter.
p.000427: Committees
p.000427: 7 (1) NICE may appoint such committees and sub-committees as it considers appropriate.
p.000427: (2) A committee or sub-committee may consist of or include persons who are not members or employees of NICE.
p.000427: (3) NICE may pay such remuneration and allowances as it may determine to any person who—
p.000427: (a) is a member of a committee or sub-committee, but
p.000427: (b) is not an employee of NICE,
p.000427: whether or not that person is a non-executive member of NICE.
p.000427: Procedure
p.000427: 8 (1) NICE may regulate its own procedure.
p.000427: (2) But regulations may make provision about procedures to be adopted by NICE for dealing with conflicts of
p.000427: interest of members of NICE or members of a committee or sub-committee.
p.000427: (3) The validity of any act of NICE is not affected by any vacancy among the members or by any defect in the
p.000427: appointment of a member.
p.000427: Exercise of functions
p.000427: 9 NICE may arrange for the exercise of its functions on its behalf by—
p.000427: (a) a non-executive member;
p.000427: (b) an employee (including an executive member);
p.000427: (c) a committee or sub-committee.
p.000427: General powers
p.000427: 10 (1) NICE may do anything which appears to it to be necessary or expedient for the purposes of, or in connection
p.000427: with, the exercise of its functions.
p.000427: (2) But, except as provided by paragraph 11(3), NICE has no power to borrow money.
p.000427: (3) NICE may do any of the following only with the approval of the Secretary of State—
p.000427: (a) form, or participate in the forming of, companies,
p.000427: (b) invest in companies (whether by acquiring assets, securities or rights or otherwise), and
p.000427: (c) provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
p.000427:
p.000428: 428
p.000428: Health and Social Care Act 2012 (c. 7)
p.000428: Schedule 16 — The National Institute for Health and Care Excellence
p.000428:
...
p.000431: (a) at the end of paragraph (a) insert “or”, and
p.000431: (b) omit paragraph (c) and the word “or” immediately preceding it.
p.000431: Health Act 2009 (c. 21)
p.000431: 13 In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in
p.000431: subsection (2), after paragraph (d) insert—
p.000431: “(da) the National Institute for Health and Care Excellence;”.
p.000431:
p.000432: 432
p.000432:
p.000432: Equality Act 2010 (c. 15)
p.000432: Health and Social Care Act 2012 (c. 7) Schedule 17 — Part 8: consequential amendments
p.000432: 14 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at
p.000432: the end of the group of entries for bodies whose functions relate to the health service add—
p.000432: “The National Institute for Health and Care Excellence.”
p.000432:
p.000432:
p.000432: SCHEDULE 18 Section 252
p.000432: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000432: Membership, appointment, etc.
p.000432: 1 (1) The Information Centre consists of—
p.000432: (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive
p.000432: members”), and
p.000432: (b) not more than five other members appointed by the non-executive members (referred to in this Schedule as the
p.000432: “executive members”).
p.000432: (2) One of the non-executive members must be appointed as the chair.
p.000432: (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without
p.000432: the approval of the Secretary of State.
p.000432: (4) The first chief executive is to be appointed by the Secretary of State.
p.000432: (5) The executive members are employees of the Information Centre.
p.000432: Tenure of non-executive office
p.000432: 2 (1) The chair and other non-executive members—
p.000432: (a) hold and vacate office in accordance with the terms of their appointments, but
p.000432: (b) may resign office by giving notice to the Secretary of State.
p.000432: (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the
p.000432: following grounds—
p.000432: (a) incapacity,
p.000432: (b) misbehaviour, or
p.000432: (c) failure to carry out his or her duties as a non-executive member.
p.000432: (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears
p.000432: to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
p.000432: (4) A non-executive member may not be appointed for a period of more than four years.
p.000432: (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
p.000432:
p.000432: Health and Social Care Act 2012 (c. 7)
p.000432: Schedule 18 — The Health and Social Care Information Centre
p.000432: Suspension from non-executive office
p.000433: 433
p.000433: 3 (1) This paragraph applies where a person is suspended under paragraph 2(3).
p.000433: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000433: by the person of the notice.
p.000433: (3) The notice may be—
p.000433: (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
p.000433: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
...
p.000433: (2) The Secretary of State may appoint a non-executive member as the interim chair to exercise the chair’s functions.
p.000433: (3) The interim chair—
p.000433: (a) holds and vacates office in accordance with the terms of the appointment, but
p.000433: (b) may resign office by giving notice in writing to the Secretary of State.
p.000433: (4) Appointment as interim chair is for a term not exceeding the shorter of—
p.000433: (a) the period ending with either—
p.000433: (i) the appointment of a new chair, or
p.000433: (ii) the revocation or expiry of the existing chair’s suspension, and
p.000433: (b) the remainder of the interim chair’s term as a non-executive member.
p.000433: (5) A person who ceases to be the interim chair is eligible for re-appointment.
p.000433:
p.000434: 434
p.000434: Health and Social Care Act 2012 (c. 7) Schedule 18 — The Health and Social Care Information Centre
p.000434: Remuneration etc. of non-executive members
p.000434: 5 (1) The Information Centre must pay to the non-executive members such remuneration and allowances as
p.000434: the Secretary of State may determine.
p.000434: (2) The Information Centre must pay or make provision for the payment of such pensions, allowances or gratuities as
p.000434: the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.
p.000434: (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional
p.000434: circumstances which mean that the person should be compensated, the Information Centre must pay compensation to the
p.000434: person of such amount as the Secretary of State may determine.
p.000434: Staff
p.000434: 6 (1) The Information Centre may appoint such persons to be employees of the Centre as it considers appropriate.
p.000434: (2) Employees of the Information Centre are to be paid such remuneration and allowances as the Centre may determine.
p.000434: (3) Employees of the Information Centre are to be appointed on such other terms and conditions as the
p.000434: Centre may determine.
p.000434: (4) The Information Centre may pay or make provision for the payment of such pensions, allowances or gratuities as it
p.000434: may determine to or in respect of any person who is or has been an employee of the Centre.
p.000434: (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of
p.000434: sub-paragraph (2) or (4), the Centre must obtain the approval of the Secretary of State to its policy on that
p.000434: matter.
p.000434: Committees
p.000434: 7 (1) The Information Centre may appoint such committees and sub-committees as it considers appropriate.
p.000434: (2) A committee or sub-committee may consist of or include persons who are not members or employees of the Information
p.000434: Centre.
p.000434: (3) The Information Centre may pay such remuneration and allowances as it may determine to any person who—
p.000434: (a) is a member of a committee or sub-committee, but
p.000434: (b) is not an employee of the Centre,
p.000434: whether or not that person is a non-executive member of the Centre.
p.000434: Procedure
p.000434: 8 (1) The Information Centre may regulate its own procedure.
p.000434: (2) The validity of any act of the Information Centre is not affected by any vacancy among the members
p.000434: or by any defect in the appointment of a member.
p.000434:
p.000434: Health and Social Care Act 2012 (c. 7)
p.000434: Schedule 18 — The Health and Social Care Information Centre
p.000434: Exercise of functions
p.000435: 435
p.000435: 9 The Information Centre may arrange for any function exercisable by it to be exercised on its behalf by—
p.000435: (a) a non-executive member;
p.000435: (b) an employee (including an executive member);
p.000435: (c) a committee or sub-committee.
p.000435: General powers
p.000435: 10 (1) The Information Centre may do anything which appears to it to be necessary or expedient for the purposes of,
p.000435: or in connection with, the exercise of its functions.
p.000435: (2) Except as provided by paragraph 11(3), the Information Centre has no power to borrow money.
p.000435: (3) The Information Centre may do any of the following only with the approval of the Secretary of State—
p.000435: (a) form, or participate in the forming of, companies,
p.000435: (b) invest in companies (whether by acquiring assets, securities or rights or otherwise), and
p.000435: (c) provide loans and guarantees and make other kinds of financial provision to or in respect of companies.
...
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p.000217: Schedule 2 to the Greater London Council (General Powers) Act 1984;
p.000217: (f) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local
p.000217: Authorities Act 1991;
p.000217: (g) paragraph (c) of item 1 in Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
p.000217: (h) section 69(1)(h) of the Data Protection Act 1998;
p.000217: (i) section 60(2)(c) of the Health Act 1999;
p.000217: (j) section 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
p.000217: (k) section 126(4)(a) of the National Health Service Act 2006;
p.000217: (l) section 80(4)(a) of the National Health Service (Wales) Act 2006;
p.000217:
p.000218: 218
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218:
p.000218: (m) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
p.000218: (8) In the definition of “registered psychologist” in each of the following provisions, for “the
p.000218: Health Professions Order 2001” substitute “the Health and Social Work Professions Order 2001”—
p.000218: (a) section 307(1) of the Criminal Procedure (Scotland) Act 1995;
p.000218: (b) section 207(6) of the Criminal Justice Act 2003;
p.000218: (c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
p.000218: (d) section 25 of the Gender Recognition Act 2004.
p.000218:
p.000218: 214 The Health and Care Professions Council
p.000218: (1) The body corporate known as the Health Professions Council—
p.000218: (a) is to continue to exist, and
p.000218: (b) is to change its name to the Health and Care Professions Council.
p.000218: (2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/
p.000218: 254) (the Council and its Committees), for sub-paragraph (1) substitute—
p.000218: “(1) The Health and Care Professions Council is referred to in this Order as “the Council”.”
p.000218: (3) For the title to that article substitute “The Health and Care Professions Council and its Committees”.
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
p.000218:
p.000218: 215 Functions of the Council in relation to social work in England
p.000218: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000218: (2) In article 3 (the Council and its Committees), in paragraph (5)(b)—
p.000218: (a) in paragraph (ii), omit “other”,
p.000218: (b) omit the “and” following paragraph (iv), and
p.000218: (c) after paragraph (v) insert “,
p.000218: (vi) the regulation of social work in England, and
p.000218: (vii) the provision, supervision or management of the services of persons engaged in social work in England.”
p.000218: (3) In that article, after paragraph (5A) insert—
p.000218: “(5AA) The public bodies with which the Council must co-operate for the purposes of paragraph (5)(b)
p.000218: include in particular—
...
Social / parents
Searching for indicator parent:
(return to top)
p.000348: (c) omit “, Primary Care Trust”.
p.000348: Education Act 1996 (c. 56)
p.000348: 77 The Education Act 1996 is amended as follows.
p.000348: 78 (1) Section 322 (duty of certain bodies to help local authorities) is amended as follows.
p.000348: (2) In subsection (1)—
p.000348: (a) after “another local authority,” insert “the National Health Service Commissioning Board, a clinical
p.000348: commissioning group or”,
p.000348: (b) omit “or a Primary Care Trust”, and
p.000348: (c) for “the board, authority or trust” substitute “that body”.
p.000348:
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000349: 349
p.000349: (3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.
p.000349: (4) In subsection (3), in paragraph (a)—
p.000349: (a) after “request is made of” insert “the National Health Service Commissioning Board, a clinical
p.000349: commissioning group or”,
p.000349: (b) omit “or Primary Care Trust”, and
p.000349: (c) for “that board or trust” substitute “that body”.
p.000349: (5) In subsection (4)—
p.000349: (a) for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board,
p.000349: a clinical commissioning group or a Local Health Board”, and
p.000349: (b) omit “or a trust”.
p.000349: 79 (1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.
p.000349: (2) In subsection (1)—
p.000349: (a) after “where” insert “a clinical commissioning group,” and
p.000349: (b) omit “a Primary Care Trust,”.
p.000349: (3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
p.000349: (4) In subsection (3) for “trust” substitute “other body”.
p.000349: 80 In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in
p.000349: paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
p.000349: Audit Commission Act 1998 (c. 18)
p.000349: 81 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain
p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
(return to top)
p.000043: under subsection (1).
p.000043: (3) Where a clinical commissioning group is required to make a payment by virtue of subsection (2), no other
p.000043: clinical commissioning group is liable to make it.
p.000043: (4) Accordingly, any obligation of another clinical commissioning group to make the payment ceases to have effect.
p.000043: (5) Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does
p.000043: not affect any other method of recovery).
p.000043: (6) The Board may publish guidance for clinical commissioning groups for the purpose of assisting them in
p.000043: understanding and applying any document published under subsection (1).
p.000043: (7) In this section and section 14Z8, “commissioning functions” means the functions of clinical commissioning
p.000043: groups in arranging for the provision of services as part of the health service.
p.000043:
p.000043: 44 Health and Social
p.000043: Care Act 2012 (c. 7)
p.000043: Part 1 — The health service in England
p.000043:
p.000043: 14Z8 Guidance on commissioning by the Board
p.000043: (1) The Board must publish guidance for clinical commissioning groups on the discharge of their commissioning
p.000043: functions.
p.000043: (2) Each clinical commissioning group must have regard to guidance under this section.
p.000043: (3) The Board must consult the Healthwatch England committee of the Care Quality Commission—
p.000043: (a) before it first publishes guidance under this section, and
p.000043: (b) before it publishes any revised guidance containing changes that are, in the opinion of the Board,
p.000043: significant.
p.000043: 14Z9 Exercise of functions by the Board
p.000043: (1) The Board may, at the request of a clinical commissioning group, exercise on behalf of the group—
p.000043: (a) any of its functions under section 3 or 3A which are specified in the request, and
p.000043: (b) any other functions of the group which are related to the exercise of those functions.
p.000043: (2) Regulations may provide that the power in subsection (1) does not apply in relation to functions of a
p.000043: prescribed description.
p.000043: (3) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000043: agreed between the Board and the clinical commissioning group.
p.000043: (4) Arrangements made under this section do not affect the liability of a clinical commissioning group for the
p.000043: exercise of any of its functions.
p.000043: 14Z10 Power of Board to provide assistance or support
p.000043: (1) The Board may provide assistance or support to a clinical commissioning group.
p.000043: (2) The assistance that may be provided includes—
p.000043: (a) financial assistance, and
p.000043: (b) making the services of the Board’s employees or any other resources of the Board available to the
p.000043: clinical commissioning group.
p.000043: (3) Assistance or support provided under this section may be provided on such terms and conditions, including terms
p.000043: as to payment, as the Board considers appropriate.
p.000043: (4) The Board may, in particular, impose restrictions on the use of any financial or other assistance or
p.000043: support provided under this section.
...
p.000045: original plan.
p.000045: (3) If the clinical commissioning group revises the plan in any other way, the group must—
p.000045: (a) publish a document setting out the changes it has made to the plan, and
p.000045: (b) give a copy of the document to the Board and each relevant Health and Wellbeing Board.
p.000045:
p.000045: 46 Health and Social
p.000045: Care Act 2012 (c. 7)
p.000045: Part 1 — The health service in England
p.000045:
p.000045: 14Z13 Consultation about commissioning plans
p.000045: (1) This section applies where a clinical commissioning group is—
p.000045: (a) preparing a plan under section 14Z11, or
p.000045: (b) revising a plan under section 14Z12 in a way which it considers to be significant.
p.000045: (2) The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of
p.000045: section 3.
p.000045: (3) The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising
p.000045: the plan.
p.000045: (4) The clinical commissioning group must, in particular—
p.000045: (a) give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised,
p.000045: and
p.000045: (b) consult each such Board on whether the draft takes proper account of each joint health and wellbeing
p.000045: strategy published by it which relates to the period (or any part of the period) to which the plan relates.
p.000045: (5) Where a Health and Wellbeing Board is consulted under subsection (4)(b), the Health and
p.000045: Wellbeing Board must give the clinical commissioning group its opinion on the matter mentioned in
p.000045: that subsection.
p.000045: (6) Where a Health and Wellbeing Board is consulted under subsection (4)(b)—
p.000045: (a) it may also give the Board its opinion on the matter mentioned in that subsection, and
p.000045: (b) if it does so, it must give the clinical commissioning group a copy of its opinion.
p.000045: (7) If a clinical commissioning group revises or further revises a draft after it has been given to each relevant
p.000045: Health and Wellbeing Board under subsection (4), subsections (4) to (6) apply in relation to the revised
p.000045: draft as they apply in relation to the original draft.
p.000045: (8) A clinical commissioning group must include in a plan published under section 14Z11(4) or 14Z12(2)—
p.000045: (a) a summary of the views expressed by individuals consulted under subsection (2),
p.000045: (b) an explanation of how the group took account of those views, and
p.000045: (c) a statement of the final opinion of each relevant Health and Wellbeing Board consulted in
p.000045: relation to the plan under subsection (4).
p.000045: (9) In this section, “joint health and wellbeing strategy” means a strategy under section 116A of the Local
p.000045: Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by
p.000045: virtue of section 196 of the Health and Social Care Act 2012.
p.000045: 14Z14 Opinion of Health and Wellbeing Boards on commissioning plans
p.000045: (1) A relevant Health and Wellbeing Board—
p.000045:
p.000045: Health and Social Care Act 2012 (c. 7)
p.000047: 47
p.000047: Part 1 — The health service in England
p.000047:
p.000047: (a) may give the Board its opinion on whether a plan published by a clinical commissioning group under section
p.000047: 14Z11(4) or 14Z12(2) takes proper account of each joint health and wellbeing strategy published by
p.000047: the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates,
p.000047: and
p.000047: (b) if it does so, must give the clinical commissioning group a copy of its opinion.
p.000047: (2) In this section, “joint health and wellbeing strategy” has the same meaning as in section 14Z13.
p.000047: 14Z15 Reports by clinical commissioning groups
p.000047: (1) In each financial year other than its first financial year, a clinical commissioning group must
p.000047: prepare a report (an “annual report”) on how it has discharged its functions in the previous financial year.
p.000047: (2) An annual report must, in particular—
p.000047: (a) explain how the clinical commissioning group has discharged its duties under sections 14R, 14T and 14Z2, and
p.000047: (b) review the extent to which the group has contributed to the delivery of any joint health and wellbeing
p.000047: strategy to which it was required to have regard under section 116B(1)(b) of the Local Government and Public
p.000047: Involvement in Health Act 2007.
p.000047: (3) In preparing the review required by subsection (2)(b), the clinical commissioning group must
p.000047: consult each relevant Health and Wellbeing Board.
p.000047: (4) The Board may give directions to clinical commissioning groups as to the form and content of an annual report.
p.000047: (5) A clinical commissioning group must give a copy of its annual report to the Board before the date specified by
p.000047: the Board in a direction.
p.000047: (6) A clinical commissioning group must—
p.000047: (a) publish its annual report, and
p.000047: (b) hold a meeting for the purpose of presenting the report to members of the public.
p.000047:
p.000047: Performance assessment of clinical commissioning groups
p.000047: 14Z16 Performance assessment of clinical commissioning groups
p.000047: (1) The Board must conduct a performance assessment of each clinical commissioning group in respect of each
p.000047: financial year.
...
p.000063: partly within the area, or at least one of the areas, specified in the proposal.
p.000063: (5) In the following provisions of this Chapter, “proposer”, in relation to a fluoridation proposal, means the local
p.000063: authority or authorities which made the proposal.
p.000063: (6) Any reference in the following provisions of this Chapter to a local authority affected by a
p.000063: fluoridation proposal is a reference to a local authority whose area includes, coincides with or is wholly or
p.000063: partly within the area, or at least one of the areas, specified in the proposal.
p.000063: 88C Initial consultation etc. on fluoridation proposal
p.000063: (1) This section applies if a fluoridation proposal is made.
p.000063: (2) The proposer must consult the Secretary of State as to whether the arrangements which would result
p.000063: from implementing the proposal would be operable and efficient.
p.000063: (3) The proposer must consult each water undertaker who supplies water to premises within the area or areas
p.000063: specified in the proposal as to whether the arrangements which would result from implementing the
p.000063:
p.000063: Health and Social Care Act 2012 (c. 7)
p.000065: 65
p.000065: Part 1 — The health service in England
p.000065:
p.000065: proposal, insofar as they might affect the undertaker, would be operable and efficient.
p.000065: (4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter
p.000065: mentioned in that subsection.
p.000065: (5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under
p.000065: subsection (3).
p.000065: (6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the
p.000065: arrangements would not be operable and efficient, no further steps may be taken in relation to the proposal.
p.000065: 88D Additional requirements where other local authorities affected
p.000065: (1) This section applies where—
p.000065: (a) a fluoridation proposal is made,
p.000065: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000065: would be operable and efficient,
p.000065: (c) one or more local authorities other than the proposer are affected by the proposal, and
p.000065: (d) the proposer wishes to take further steps in relation to the proposal.
p.000065: (2) The proposer must notify any other local authority which is affected by the proposal.
p.000065: (3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide
p.000065: whether further steps should be taken in relation to the proposal.
p.000065: (4) The Secretary of State must by regulations—
p.000065: (a) make provision as to the arrangements which must be made for the purposes of subsection (3), and
p.000065: (b) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied
p.000065: before any further steps may be taken in relation to the proposal.
p.000065: 88E Decision on fluoridation proposal
p.000065: (1) This section applies where—
p.000065: (a) a fluoridation proposal is made,
p.000065: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000065: would be operable and efficient,
p.000065: (c) in a case where section 88D applies, the conditions prescribed under subsection (4)(b) of that section are
p.000065: satisfied, and
p.000065: (d) the proposer wishes to take further steps in relation to the proposal.
p.000065: (2) The proposer must comply with such requirements as may be prescribed in regulations made by
p.000065: the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation
p.000065: to the proposal.
p.000065:
p.000065: 66 Health and Social
p.000065: Care Act 2012 (c. 7)
p.000065: Part 1 — The health service in England
p.000065:
p.000065: (3) The proposer may (after any requirements imposed by regulations under subsection (2) have been complied
p.000065: with) modify the proposal.
p.000065: (4) But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to
p.000065: add another area, except in circumstances prescribed in regulations by the Secretary of State.
p.000065: (5) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000065: complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are
p.000065: necessary to implement the proposal.
p.000065: (6) The Secretary of State may by regulations make provision—
p.000065: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000065: (5);
p.000065: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000065: or (5).
p.000065: 88F Decision-making procedure: exercise of functions by committee
p.000065: (1) This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5)
p.000065: (“the fluoridation functions”) except where the proposer is a single local authority and either—
p.000065: (a) no other local authorities are affected by the proposal, or
...
p.000065: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000065: sub-committee of the Boards to exercise the fluoridation functions.
p.000065: (4) The Secretary of State may by regulations make provision—
p.000065: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000065: prescribed conditions as to its membership;
p.000065: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000065: as to qualification and disqualification for membership and the holding and vacating of office as a member);
p.000065: (c) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with
p.000065: subsection (3);
p.000065: (d) as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and
p.000065: Wellbeing Boards, in exercising the fluoridation functions.
p.000065:
p.000065: Health and Social Care Act 2012 (c. 7)
p.000067: 67
p.000067: Part 1 — The health service in England
p.000067: 88G Secretary of State’s duty in relation to fluoridation proposal
p.000067: (1) This section applies if the Secretary of State is requested to make such requests under section 87(1) as
p.000067: are necessary to implement a fluoridation proposal.
p.000067: (2) The Secretary of State must comply with the request if the Secretary of State is satisfied that the requirements
p.000067: imposed by sections 88B to 88F have been met in relation to the proposal.
p.000067: (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the
p.000067: purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of
p.000067: section 88C(2) or (3), 88D(4) or 88E(2).
p.000067: 88H Payments by local authorities towards fluoridation costs
p.000067: (1) This section applies where a water undertaker enters into arrangements with the
p.000067: Secretary of State under section 87(1).
p.000067: (2) The Secretary of State may require all local authorities affected by the arrangements to make payments to the
p.000067: Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.
p.000067: (3) The amount to be paid by each of the affected local authorities is to be determined—
p.000067: (a) where a joint committee, or a joint sub-committee of Health and Wellbeing Boards, has exercised the
p.000067: fluoridation functions of the authorities in relation to the proposal which resulted in the arrangements being made
p.000067: and the committee or sub-committee continues to exist at the time when the Secretary of State exercises the
p.000067: power conferred by subsection (2), by that committee or sub-committee;
p.000067: (b) in any other case, by agreement between the local authorities.
p.000067: (4) If the amount to be paid by the affected local authorities is not determined as mentioned in
p.000067: subsection (3), the Secretary of State may—
p.000067: (a) determine the amount to be paid, or
p.000067: (b) refer the matter for determination by such other person as the Secretary of State considers appropriate.
p.000067: (5) The amount determined in accordance with subsection (3) may, at the request of one or more of the affected local
p.000067: authorities, be varied with the agreement of all of them.
p.000067: (6) If the affected local authorities fail to reach agreement for the purposes of subsection (5), the Secretary of
...
p.000067: includes, coincides with or is wholly or partly within the area specified in the arrangements.
p.000067: (9) In relation to a proposal for the variation of the area specified in arrangements under section
p.000067: 87(1), any reference in this section and in the following provisions of this Chapter to a local authority affected by
p.000067: the proposal also includes a reference to a local authority whose area would include, coincide with or be wholly or
p.000067: partly within the area specified in the arrangements if the variation were made.
p.000067: 88J Initial consultation etc. on variation or termination proposal
p.000067: (1) This section applies if a variation or termination proposal is made.
p.000067: (2) In the case of a variation proposal, the proposer must consult the Secretary of State and the
p.000067: water undertaker who entered into the arrangements as to whether the arrangements as varied in accordance with the
p.000067: proposal would be operable and efficient.
p.000067: (3) In the case of a termination proposal, the proposer must consult the Secretary of State and the water
p.000067: undertaker who entered into the arrangements as to whether it would be reasonably practicable to terminate
p.000067: the arrangements.
p.000067:
p.000067: Health and Social Care Act 2012 (c. 7)
p.000069: 69
p.000069: Part 1 — The health service in England
p.000069:
p.000069: (4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter
p.000069: mentioned in that subsection.
p.000069: (5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under
p.000069: subsection (2) or (3).
p.000069: (6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the
p.000069: arrangements as varied would not be operable and efficient or (as the case may be) that it would not be reasonably
p.000069: practicable to terminate the arrangements, no further steps may be taken in relation to the proposal.
p.000069: 88K Additional requirements where other local authorities affected
p.000069: (1) This section applies where—
p.000069: (a) a variation or termination proposal is made,
p.000069: (b) the Secretary of State is of the opinion that the arrangements as varied would be operable and efficient or (as
p.000069: the case may be) that it would be reasonably practicable to terminate the arrangements,
p.000069: (c) one or more local authorities other than the proposer are affected by the proposal, and
p.000069: (d) the proposer wishes to take further steps in relation to the proposal.
p.000069: (2) The proposer must notify any other local authority which is affected by the proposal.
p.000069: (3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide
p.000069: whether further steps should be taken in relation to the proposal.
p.000069: (4) The duty in subsection (3) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069: (5) The Secretary of State may by regulations provide that the duty in subsection (3) does not apply in
p.000069: prescribed circumstances.
p.000069: (6) The Secretary of State must by regulations—
p.000069: (a) make provision as to the arrangements which must be made for the purposes of subsection (3), and
p.000069: (b) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied
p.000069: before any further steps may be taken in relation to the proposal.
p.000069: 88L Decision on variation or termination proposal
p.000069: (1) This section applies where—
p.000069: (a) a variation or termination proposal is made,
p.000069: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000069: would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the
p.000069: arrangements,
p.000069: (c) in a case where the duty in section 88K(3) applies, the conditions prescribed under
p.000069: subsection (6)(b) of that section are satisfied, and
p.000069:
p.000069: 70 Health and Social
p.000069: Care Act 2012 (c. 7)
p.000069: Part 1 — The health service in England
p.000069:
p.000069: (d) the proposer wishes to take further steps in relation to the proposal.
p.000069: (2) The proposer must comply with such requirements as may be prescribed in regulations made by
p.000069: the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation
p.000069: to the proposal.
p.000069: (3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000069: prescribed circumstances.
p.000069: (5) The proposer of a variation proposal may (after any requirements imposed by regulations under
p.000069: subsection (2) have been complied with) modify the proposal.
p.000069: (6) But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be
p.000069: modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the
p.000069: proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a
p.000069: further extension of it.
p.000069: (7) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000069: complied with) decide whether to request the Secretary of State to request the water undertaker to vary the
p.000069: arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the
p.000069: arrangements.
p.000069: (8) The Secretary of State may by regulations may make provision—
p.000069: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000069: (7);
p.000069: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000069: or (7).
p.000069: 88M Decision-making procedure: exercise of functions by committee
p.000069: (1) This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7) (“the
...
p.000071: sub-committee of the Boards to exercise the relevant functions.
p.000071: (6) The Secretary of State may by regulations make provision—
p.000071: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000071: prescribed conditions as to its membership;
p.000071: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000071: as to qualification and disqualification for membership and the holding and vacating of office as a member);
p.000071: (c) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with
p.000071: subsection (5);
p.000071: (d) as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and
p.000071: Wellbeing Boards, in exercising the relevant functions.
p.000071: 88N Secretary of State’s duty in relation to requests for variation or termination
p.000071: (1) This section applies if (following the making of a variation or termination proposal) the
p.000071: Secretary of State is requested—
p.000071: (a) to request a variation of arrangements entered into under section 87(1), or
p.000071: (b) (as the case may be) to give notice under section 87C(7) to a water undertaker to terminate such
p.000071: arrangements.
p.000071: (2) The Secretary of State must comply with the request if satisfied that the requirements imposed by sections 88I
p.000071: to 88M have been met in relation to the proposal.
p.000071: (3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the
p.000071: purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of
p.000071: section 88J(2) or (3), 88K(6) or 88L(2).
p.000071: 88O Power to make regulations as to maintenance of section 87 arrangements
p.000071: (1) The Secretary of State may by regulations prescribe circumstances in which arrangements must be made
p.000071: in accordance with the regulations—
p.000071: (a) for consulting and ascertaining opinion on whether arrangements under section
p.000071: 87(1) (“section 87(1) arrangements”) should be maintained, and
p.000071: (b) for enabling authorities affected by section 87(1) arrangements to decide whether to propose to the Secretary of
p.000071: State that they be maintained.
p.000071: (2) The regulations must make provision requiring the Secretary of State to give notice under section 87C(7) to
p.000071: a water undertaker to terminate section 87(1) arrangements entered into by the undertaker if—
p.000071:
p.000071: 72 Health and Social
p.000071: Care Act 2012 (c. 7)
p.000071: Part 1 — The health service in England
p.000071:
p.000071: (a) the outcome of arrangements made by virtue of subsection (1)(b) is that the affected authorities decide
p.000071: not to propose that the section 87(1) arrangements be maintained, and
p.000071: (b) the Secretary of State is satisfied that any requirements imposed by regulations under subsection (1), as to the
p.000071: arrangements to be made for the purposes mentioned in that subsection, have been met.
p.000071: (3) Subsection (2)(b) does not require the Secretary of State to consider the adequacy of any steps taken for the
p.000071: purposes of complying with any requirement to consult or to ascertain opinion which is imposed by regulations
p.000071: made under subsection (1).
p.000071: (4) The provision that may be made by regulations under subsection (1) (as to the arrangements to be made for
p.000071: the purposes mentioned in that subsection) includes provision corresponding, or similar, to any
p.000071: requirements imposed by or under sections 88K to 88M.”
p.000071:
p.000071: 37 Fluoridation of water supplies: transitional provision
p.000071: (1) In relation to any time on or after the commencement of section 35, any relevant arrangements
p.000071: which have effect immediately before its commencement are to be treated for the purposes of
p.000071: Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water
p.000071: undertaker with the Secretary of State under section 87(1) of that Act.
p.000071: (2) In subsection (1) “relevant arrangements” means—
p.000071: (a) any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the
p.000071: Water Industry Act 1991, and
p.000071: (b) any arrangements which are treated as arrangements falling within paragraph (a) by virtue of
p.000071: section 91 of that Act (as it had effect immediately before the commencement of this section).
p.000071: (3) In its application to arrangements which are treated by virtue of subsection (1) as arrangements entered into by
p.000071: a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that
p.000071: Act applies as if for subsection (3) there were substituted—
p.000071: “(3) The amount to be paid by each of the affected local authorities is to be determined by agreement between the
...
p.000087: conducive to, the exercise of any of its functions under this section.
p.000087: (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate
p.000087: authority under this section (whether or not in relation to the United Kingdom).
p.000087: (4) The appropriate authority must co-operate with the person in the exercise of those functions.
p.000087: (5) The person must co-operate with the appropriate authority in the exercise of the authority’s functions under
p.000087: this section.
p.000087: (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
p.000089: (5) In the exercise of any function under this section which relates to a matter in respect of which a Health
...
p.000179: (5D) Regulations under sub-paragraph (1A) may, in particular, make provision as to—
p.000179: (a) the removal or suspension of members of the committee;
p.000179: (b) the payment of remuneration and allowances to members.”
p.000179: (4) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading
p.000179: insert—
p.000179:
p.000179: “Healthwatch England and Local Healthwatch organisations
p.000179: 45A Functions to be exercised by Healthwatch England
p.000179: (1) The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England
p.000179: committee to exercise the functions on its behalf.
p.000179: (2) The function in this subsection is to provide Local Healthwatch organisations with general advice and
p.000179: assistance in relation to—
p.000179: (a) the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act
p.000179: 2007 (local care services);
p.000179: (b) the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see
p.000179: section 222(2B) of that Act);
p.000179: (c) the carrying-on of activities specified in section 221(2) of that Act.
p.000179:
p.000180: 180
p.000180: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000180: Chapter 1 — Public involvement
p.000180:
p.000180: (3) The function in this subsection is a power to make recommendations of a general nature to English local
p.000180: authorities about the making of arrangements under section 221(1) of that Act.
p.000180: (4) The function in this subsection is a power, where the Healthwatch England committee is of the
p.000180: opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an
p.000180: English local authority’s area, to give the authority concerned written notice of its opinion.
p.000180: (5) The function in this subsection is to provide the persons mentioned in subsection (6) with information and
p.000180: advice on—
p.000180: (a) the views of people who use health or social care services and of other members of the public on their needs for
p.000180: and experiences of health and social care services, and
p.000180: (b) the views of Local Healthwatch organisations and of other persons on the standard of provision of health
p.000180: and social care services and on whether or how the standard could or should be improved.
p.000180: (6) The persons referred to in subsection (5) are—
p.000180: (a) the Secretary of State;
p.000180: (b) the National Health Service Commissioning Board;
p.000180: (c) Monitor;
p.000180: (d) English local authorities.
p.000180: (7) A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of
p.000180: its response or proposed response to the advice.
p.000180: (8) The Healthwatch England committee may provide the Commission with information and advice on the matters
p.000180: mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its
p.000180: response or proposed response to the advice.
p.000180: (9) The Commission must publish details of arrangements it makes under subsection (1) (including details of payments
p.000180: of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a
p.000180: discharge of the duty imposed by this subsection.
p.000180: (10) In performing functions under this section, the Healthwatch England committee must have regard to such aspects
p.000180: of government policy as the Secretary of State may direct.
p.000180: 45B Conflicts of interest
...
p.000180: (a) the exercise of functions by the Commission, and
p.000180:
p.000180: Health and Social Care Act 2012 (c. 7)
p.000180: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000181: 181
p.000181:
p.000181: (b) the exercise of functions by the Healthwatch England committee on the Commission’s behalf.
p.000181: 45C Reports
p.000181: (1) As soon as possible after the end of each financial year, the Healthwatch England
p.000181: committee—
p.000181: (a) must make a report to the Commission (whether or not in writing) on the matters mentioned in section
p.000181: 45A(5)(a) and (b), and
p.000181: (b) must publish a report on the way in which it has exercised during the year the functions exercisable
p.000181: by it.
p.000181: (2) The committee must—
p.000181: (a) lay before Parliament a copy of each report made under subsection (1)(b), and
p.000181: (b) send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.
p.000181: (3) The committee may publish other reports at such times, and on such matters relating to health or social care, as
p.000181: it thinks appropriate.
p.000181: (4) Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and
p.000181: Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the
p.000181: recommendation.
p.000181: (5) Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable,
p.000181: exclude any matter which relates to the private affairs of an individual the publication of which, in
p.000181: the committee’s opinion, would or might seriously and prejudicially affect that individual’s interests.
p.000181: (6) In this section, “financial year” means—
p.000181: (a) the period beginning with the date on which the committee is appointed and ending with the following 31 March,
p.000181: and
p.000181: (b) each successive period of 12 months ending with 31 March.”
p.000181: (5) In section 82 (failure by Commission to discharge functions), after subsection
p.000181: (1) insert—
p.000181: “(1A) The Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State
p.000181: considers that the committee—
p.000181: (a) is failing or has failed to discharge a function under section 45A or any other function it is required to
p.000181: discharge, or
p.000181: (b) is failing or has failed properly to discharge a function under that section or any other function it is
p.000181: required to discharge,
p.000181: and that the failure is significant.”
p.000181: (6) In subsection (2) of that section—
p.000181: (a) after “(1)” insert “or (1A)”, and
p.000181: (b) after “the Commission” insert “or (as the case may be) the committee”.
p.000181: (7) In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or (1A)”.
p.000181: (8) In subsection (3) of that section—
p.000181:
p.000182: 182
p.000182: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000182: Chapter 1 — Public involvement
p.000182:
p.000182: (a) after “the Commission” insert “or the committee”, and
p.000182: (b) after “(1)” insert “or (1A)”.
p.000182: (9) In subsection (4) of that section (inserted by section 294), after “(1)” insert “, (1A)”.
p.000182: (10) For the title to that section substitute “Failure by the Commission or Healthwatch
p.000182: England in discharge of functions”.
...
p.000201: (6) In this section—
p.000201: “the health service” has the same meaning as in the National Health Service Act 2006;
p.000201: “health services” means services that are provided as part of the health service in England;
p.000201: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000201: services or social care services; “social care services” means services that are provided in pursuance of the social
p.000201: services functions of local authorities (within the meaning of the
p.000201: Local Authority Social Services Act 1970).
p.000201:
p.000201: 196 Other functions of Health and Wellbeing Boards
p.000201: (1) The functions of a local authority and its partner clinical commissioning groups under sections 116
p.000201: and 116A of the Local Government and Public
p.000201:
p.000202: 202
p.000202: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000202: Chapter 2 — Local government
p.000202:
p.000202: Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board
p.000202: established by the local authority.
p.000202: (2) A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that
p.000202: are exercisable by the authority.
p.000202: (3) A Health and Wellbeing Board may give the local authority that established it its opinion on whether the
p.000202: authority is discharging its duty under section 116B of the 2007 Act.
p.000202: (4) The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244
p.000202: of the National Health Service Act 2006.
p.000202:
p.000202: Health and Wellbeing Boards: supplementary
p.000202:
p.000202: 197 Participation of NHS Commissioning Board
p.000202: (1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
p.000202: (a) an assessment of relevant needs under section 116 of the Local Government and Public Involvement in
p.000202: Health Act 2007, or
p.000202: (b) a strategy under section 116A of that Act.
p.000202: (2) The National Health Service Commissioning Board must appoint a representative to join the
p.000202: Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case
p.000202: may be) the strategy.
p.000202: (3) Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise
p.000202: or proposed exercise of the commissioning functions of the National Health Service Commissioning Board in relation to
p.000202: the area of the authority that established the Health and Wellbeing Board.
p.000202: (4) If the Health and Wellbeing Board so requests, the National Health Service Commissioning Board must
p.000202: appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its
p.000202: consideration of the matter.
...
p.000218: (4) In Schedule 3 to that Order (interpretation), in the definition of “the Council” in paragraph 1, for “the Health
p.000218: Professions Council established under article 3” substitute “the Health and Care Professions Council (formerly known as
p.000218: the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”.
p.000218:
p.000218: 215 Functions of the Council in relation to social work in England
p.000218: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000218: (2) In article 3 (the Council and its Committees), in paragraph (5)(b)—
p.000218: (a) in paragraph (ii), omit “other”,
p.000218: (b) omit the “and” following paragraph (iv), and
p.000218: (c) after paragraph (v) insert “,
p.000218: (vi) the regulation of social work in England, and
p.000218: (vii) the provision, supervision or management of the services of persons engaged in social work in England.”
p.000218: (3) In that article, after paragraph (5A) insert—
p.000218: “(5AA) The public bodies with which the Council must co-operate for the purposes of paragraph (5)(b)
p.000218: include in particular—
p.000218: (a) the Care Council for Wales,
p.000218: (b) the Scottish Social Services Council, and
p.000218: (c) the Northern Ireland Social Care Council.”
p.000218:
p.000218: Health and Social Care Act 2012 (c. 7)
p.000218: Part 7 — Regulation of health and social care workers
p.000218: (4) In that article, after paragraph (17) insert— “(17A) The Council may—
p.000219: 219
p.000219: (a) make recommendations to the Secretary of State concerning social care workers in England who in
p.000219: its opinion should be regulated pursuant to section 60(1)(bc) of the Health Act 1999; and
p.000219: (b) give such guidance as it sees fit, to such persons as seem to it to have an interest in such regulation, on the
p.000219: criteria to be taken into account in determining whether social care workers in England should be so
p.000219: regulated.”
p.000219: (5) In article 6 (register), in paragraph (3)(aa), after “visiting health” insert “or social work”; and
p.000219: in consequence of that—
p.000219: (a) for the title to article 13A substitute “Visiting health or social work professionals from relevant
p.000219: European States”, and
p.000219: (b) in articles 7(4), 9(8) and 37(1)(aa), after “visiting health” insert “or social work”.
p.000219: (6) In article 10 (renewal of registration and readmission), in paragraph (6) after “visiting health” insert “or
p.000219: social work”.
p.000219: (7) In article 12 (approved qualifications), in paragraph (1)—
p.000219: (a) omit the “or” preceding paragraph (c), and
p.000219: (b) after that paragraph insert “; or
p.000219: (d) where he is applying for admission to the register as a social worker, he has, in Wales, Scotland or
p.000219: Northern Ireland, undergone training in social work and—
p.000219: (i) the training is recognised by the Council as meeting the standard which it requires for
p.000219: admission to the part of the register relating to the social work profession in England, or
p.000219: (ii) the training is not so recognised but he has undergone, whether in England or elsewhere, such
p.000219: additional training or professional experience as satisfies the Council that he has the requisite standard
p.000219: of proficiency for admission to the part of the register relating to the social work profession in England.”
...
p.000222: (b) take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria.
p.000222: (3) In performing the function under paragraph (2)(b), the Committee may, in particular, approve or
p.000222: arrange with others to approve institutions which the Committee considers to be properly organised and
p.000222: equipped for conducting AMHP courses.
p.000222: (4) The Council must from time to time publish a statement of the criteria set under paragraph (1).
p.000222: (5) An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or
p.000222: training.”
p.000222: (6) In article 16 (visitors), in paragraph (6), at the end insert “; but that does not apply to AMHP courses.”
p.000222:
p.000222: Health and Social Care Act 2012 (c. 7)
p.000222: Part 7 — Regulation of health and social care workers
p.000222:
p.000222: (7) In article 17 (information), after paragraph (3) insert—
p.000223: 223
p.000223: “(3A) The reference in paragraph (3) to the functions of the Committee under this Order includes a reference to the
p.000223: function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health
p.000223: professionals) in so far as that function is exercisable by the Committee.”
p.000223: (8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert— “(1A) Where as a result of any
p.000223: visitor’s report or other information acquired
p.000223: by the Committee or the Council, and taking account of the observations received from the
p.000223: institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set
p.000223: under article 15B(1), it may refuse to approve, or withdraw approval from, the course.”
p.000223: (9) In that article—
p.000223: (a) in paragraph (3), after “paragraph (1)” insert “or (1A)”, and
p.000223: (b) in paragraph (6), after “paragraph (1)” in each place it appears insert “or, as the case may be, (1A)”.
p.000223: (10) In article 21(1)(a) (Council’s duty to establish standards of conduct etc. and give guidance), after
p.000223: “prospective registrants” insert “(including registrants or prospective registrants carrying out the functions of
p.000223: an approved mental health professional)”.
p.000223: (11) In article 45 (finances of the Council), after paragraph (3) insert—
p.000223: “(3A) The Secretary of State may make grants or loans to the Council towards expenses incurred, or to be
p.000223: incurred by it, in connection with the exercise of its functions in relation to persons who are, or
p.000223: wish to become, approved mental health professionals in England.”
p.000223:
p.000223: 219 Arrangements with other health or social care regulators
p.000223: (1) After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert—
p.000223: “44A Arrangements with other persons who maintain registers of health or social care workers
p.000223: (1) The Council may make arrangements with any relevant person for the Council to provide administrative, technical
p.000223: or advisory services to that person.
p.000223: (2) A relevant person is a person or group of persons (whether inside or outside the United Kingdom) who maintain—
p.000223: (a) a register of members of a profession engaged in the provision of health care,
p.000223: (b) a register of persons engaged in, but who are not members of a profession engaged in, the provision of health
...
p.000270: imposed by subsection (1) or (as the case may be) subsection (2) does not apply to—
p.000270: (a) the exercise by Monitor or by the Commission of its function of regulating that activity;
p.000270: (b) the exercise by the relevant body of any function in so far as it involves carrying on that activity.
p.000270:
p.000270: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000271: 271
p.000271:
p.000271: (6) A reference in this section to regulating an activity includes a reference to—
p.000271: (a) authorising the carrying on of the activity, imposing restrictions on the carrying on of the activity, and
p.000271: exercising functions in relation to such authorisations or restrictions;
p.000271: (b) enforcing the performance of an obligation imposed (whether or not by provision made by or under an enactment)
p.000271: with respect to the carrying on of the activity;
p.000271: (c) issuing guidance on the carrying on of the activity, the authorisation of the activity, restrictions on the
p.000271: activity, or the performance of obligation imposed with respect to the carrying on of the activity.
p.000271: (7) For the purposes of this section and section 291, the functions of a Special Health Authority
p.000271: include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006
p.000271: (directions by Secretary of State).
p.000271: (8) References in this section and section 291 to functions are references to functions so far as
p.000271: exercisable in relation to England.
p.000271:
p.000271: 291 Breaches of duties to co-operate
p.000271: (1) If the Secretary of State is of the opinion that bodies subject to a relevant co- operation duty have breached
p.000271: or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written
p.000271: notice of the Secretary of State’s opinion to each body.
p.000271: (2) The relevant co-operation duties are—
p.000271: (a) the duty under section 288 (co-operation by Monitor with the Care Quality Commission),
p.000271: (b) the duties under section 290(1) and (2),
p.000271: (c) the duty under section 70 of the Health and Social Care Act 2008 (co- operation by the Care Quality Commission
p.000271: with Monitor),
p.000271: (d) any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their
p.000271: respective functions.
p.000271: (3) The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of
p.000271: State considers appropriate.
p.000271: (4) Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is
p.000271: satisfied that—
p.000271: (a) the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach
p.000271: having materialised, are breaching the duty, and
p.000271: (b) the breach is having a detrimental effect on the performance of the health service (or, where the
p.000271: effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is
p.000271: detrimental).
p.000271: (5) The Secretary of State may by order prohibit each body from exercising specified functions, or
p.000271: from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that
p.000271: the body may do so.
p.000271: (6) The power to make an order under subsection (5)—
p.000271: (a) may be exercised so as to specify different functions in relation to each body, but
p.000271:
p.000272: 272
p.000272: Health and Social Care Act 2012 (c. 7)
...
p.000295: (2) An order under sub-paragraph (1) may—
p.000295: (a) make provision as to the persons by whom trustees must be appointed and generally as to the method of
p.000295: their appointment,
p.000295: (b) make any appointment subject to such conditions as may be specified in the order (including conditions
p.000295: requiring the consent of the Secretary of State),
p.000295: (c) make provision as to the number of trustees to be appointed, including provision under which
p.000295: that number may from time to time be determined by the Secretary of State after consultation with such persons as the
p.000295: Secretary of State considers appropriate, and
p.000295: (d) make provision with respect to the term of office of any trustee and his or her removal from office.
p.000295: (3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for
p.000295: the transfer of
p.000295:
p.000296: 296
p.000296: Health and Social Care Act 2012 (c. 7)
p.000296: Schedule 2 — Clinical commissioning groups
p.000296:
p.000296: any trust property from the clinical commissioning group to the trustees.
p.000296: Externally financed development agreements
p.000296: 16 (1) The powers of a clinical commissioning group include power to enter into externally financed development
p.000296: agreements.
p.000296: (2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is
p.000296: certified as such in writing by the Secretary of State.
p.000296: (3) The Secretary of State may give a certificate under this paragraph if—
p.000296: (a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision
p.000296: of services or facilities in connection with the discharge by a clinical commissioning group of any of its
p.000296: functions, and
p.000296: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with
p.000296: the agreement.
p.000296: (4) If a clinical commissioning group enters into an externally financed development agreement it may
p.000296: also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in
p.000296: relation to the externally financed development agreement.
p.000296: (5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning
p.000296: group.
p.000296: (6) The fact that an agreement made by a clinical commissioning group has not been certified under this
p.000296: paragraph does not affect its validity.
p.000296: Accounts and audits
p.000296: 17 (1) A clinical commissioning group must keep proper accounts and proper records in relation to the accounts.
p.000296: (2) A clinical commissioning group must prepare annual accounts in respect of each financial year.
p.000296: (3) The Board may, with the approval of the Secretary of State, direct a clinical commissioning group to prepare
p.000296: accounts in respect of such period or periods as may be specified in the direction.
p.000296: (4) The Board may, with the approval of the Secretary of State, give directions to a clinical commissioning group as
p.000296: to—
p.000296: (a) the methods and principles according to which its annual or other accounts must be prepared, and
...
p.000382: received.
p.000382: 5 (1) An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse an
p.000382: application for a compliance certificate.
p.000382: (2) The grounds for an appeal under this paragraph are that the decision was—
p.000382: (a) based on an error of fact,
p.000382: (b) wrong in law, or
p.000382: (c) unfair or unreasonable.
p.000382:
p.000382: Health and Social Care Act 2012 (c. 7)
p.000382: Schedule 9 — Requirements under section 77: undertakings
p.000383: 383
p.000383: (3) On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have
p.000383: effect.
p.000383: Inaccurate, incomplete or misleading information
p.000383: 6 Where Monitor is satisfied that a person who has given a section 77 undertaking has supplied
p.000383: Monitor with inaccurate, misleading or incorrect information in relation to the undertaking—
p.000383: (a) Monitor may treat the person as having failed to comply with the undertaking, and
p.000383: (b) if Monitor decides so to treat the person, Monitor must by notice revoke any certificate of
p.000383: compliance given to that person.
p.000383:
p.000383:
p.000383: SCHEDULE 10 Sections 101 and 142
p.000383: REFERENCES BY MONITOR TO THE COMPETITION COMMISSION
p.000383: Variation of reference
p.000383: 1 (1) Monitor may, at any time, by notice given to the Competition Commission vary a reference—
p.000383: (a) by adding to the matters specified in the reference, or
p.000383: (b) by excluding from the reference some of the matters so specified.
p.000383: (2) On receipt of a notice under sub-paragraph (1), the Commission must give effect to the variation.
p.000383: Monitor’s opinion of public interest etc.
p.000383: 2 Monitor may specify in a reference, or a variation under paragraph 1, for the purpose of assisting the
p.000383: Competition Commission in carrying out the investigation on the reference—
p.000383: (a) any effects adverse to the public interest which Monitor considers the matters specified in the reference or
p.000383: variation have or may be expected to have, and
p.000383: (b) any changes in relation to those matters by which Monitor considers those effects could be remedied or
p.000383: prevented.
p.000383: Publication etc. of reference
p.000383: 3 As soon as practicable after making a reference, or a variation under paragraph 1, Monitor—
p.000383: (a) must send a copy of the reference or variation to the relevant persons, and
p.000383: (b) must publish particulars of the reference or variation.
p.000383: Information
p.000383: 4 (1) Monitor must, for the purpose of assisting the Competition Commission in carrying out an investigation on a
p.000383: reference, or in carrying out the function under paragraph 8, give the Commission—
p.000383:
p.000384: 384
p.000384: Health and Social Care Act 2012 (c. 7)
p.000384: Schedule 10 — References by Monitor to the Competition Commission
p.000384:
p.000384: (a) such information in Monitor’s possession as relates to matters within the scope of the investigation or
p.000384: the carrying out of the function and—
p.000384: (i) is requested by the Commission for that purpose, or
p.000384: (ii) is information which Monitor considers it would be appropriate for that purpose to give to
p.000384: the Commission without request, and
p.000384: (b) such other assistance as the Commission may require, and as is within Monitor’s power to give, in
p.000384: relation to any such matters.
...
p.000401: Health Act 2009 (c. 21)
p.000401: 18 In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph
p.000401: (f) substitute—
p.000401: “(f) Monitor;”.
p.000401: Equality Act 2010 (c.15)
p.000401: 19 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the
p.000401: entry for the Independent Regulator of NHS Foundation Trusts substitute “Monitor”.
p.000401:
p.000401:
p.000401: SCHEDULE 14 Section 179
p.000401: ABOLITION OF NHS TRUSTS IN ENGLAND: CONSEQUENTIAL AMENDMENTS
p.000401: PART 1
p.000401: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006
p.000401: 1 The National Health Service Act 2006 is amended as follows.
p.000401: 2 In section 4(2) (definition of “high security psychiatric services”), omit “and paragraph 15 of Schedule
p.000401: 4 (NHS trusts)”.
p.000401: 3 In section 8(2) (bodies to whom Secretary of State may give directions), omit paragraph (c).
p.000401: 4 In section 9 (NHS contracts), omit subsection (3).
p.000401: 5 In section 40 (power of Secretary of State to give financial assistance to NHS foundation trusts), for
p.000401: subsection (4) substitute—
p.000401: “(4) For the purposes of subsection (3), an agreement is an externally financed development agreement
p.000401: if it is certified as such by the Secretary of State.
p.000401:
p.000402: 402
p.000402: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part
p.000402: 1 — Amendments of the National Health Service Act 2006
p.000402: (4A) The Secretary of State may give a certificate under subsection (4) if—
p.000402: (a) in the opinion of the Secretary of State, the purpose or main purpose of the agreement is the provision
p.000402: of facilities or services in connection with the discharge by the NHS foundation trust of any of its
p.000402: functions, and
p.000402: (b) a person proposes to make a loan to, or provide any other form of finance for, another party in
p.000402: connection with the agreement.
p.000402: (4B) In subsection (4A)(b), “another party” means any party to the agreement other than the NHS foundation
p.000402: trust.”
p.000402: 6 In section 42 (public dividend capital), after subsection (1) insert—
p.000402: “(1A) The reference in subsection (1) to an NHS trust is a reference to an NHS trust which was established under
p.000402: section 25 of this Act before its repeal by section 179 of the Health and Social Care Act 2012.”
p.000402: 7 In section 51 (trust funds and trustees), omit subsection (4).
p.000402: 8 In section 56 (mergers of NHS foundation trusts)—
p.000402: (a) in subsection (1)(b) (as amended by section 168(1)(a)), omit “or an NHS trust established under section 25”, and
p.000402: (b) in subsection (1A) (as inserted by section 168(2)), omit “(that is an NHS foundation trust)”.
p.000402: 9 In section 56A (acquisitions of NHS foundation trusts) (as inserted by section 169)—
p.000402: (a) in subsection (1)(b), omit “or an NHS trust established under section 25”,
p.000402: (b) in subsection (2), omit “(that is an NHS foundation trust)”, and
p.000402: (c) in subsection (3), omit paragraph (a) (and the following “and”).
...
Economic / Economic/Poverty
Searching for indicator poverty:
(return to top)
p.000366: commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act
p.000366: 2006 or under or by virtue of Parts 4 to 7 of that Act.”
p.000366: 178 In section 9 (supplementary provision about the duty to publish information), in
p.000366: subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
p.000366: 179 In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3)
p.000366: after paragraph (a) insert—
p.000366: “(aa) the National Health Service Commissioning Board;”.
p.000366: Equality Act 2010 (c. 15)
p.000366: 180 The Equality Act 2010 is amended as follows.
p.000366: 181 In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
p.000366: (a) omit paragraph (h), and
p.000366: (b) omit paragraph (i).
p.000366: 182 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that
p.000366: includes entries for bodies whose functions relate to the health service—
p.000366: (a) at the beginning insert—
p.000366: “The National Health Service Commissioning Board.
p.000366: A clinical commissioning group established under section 14D of the National Health Service Act 2006.”,
p.000366: (b) in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
p.000366: (c) omit the entry for a Primary Care Trust, and
p.000366: (d) omit the entry for a Strategic Health Authority.
p.000366: Child Poverty Act 2010 (c. 9)
p.000366: 183 In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
p.000366: (a) after paragraph (e) insert—
p.000366: “(ea) a clinical commissioning group;”,
p.000366: (b) omit paragraph (f), and
p.000366:
p.000366: Health and Social Care Act 2012 (c. 7)
p.000366: Schedule 5 — Part 1: amendments of other enactments
p.000366: (c) omit paragraph (g).
p.000366: Charities Act 2011 (c. 25)
p.000367: 367
p.000367: 184 In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in
p.000367: subsection (7)—
p.000367: (a) omit paragraph (a),
p.000367: (b) omit paragraph (b),
p.000367: (c) before paragraph (c) insert—
p.000367: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,
p.000367: (bc) trustees for the National Health Service Commissioning Board appointed in
p.000367: pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or
p.000367: (bd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that
p.000367: Act,”, and
p.000367: (d) omit paragraph (f).
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367: Interpretation
p.000367: SCHEDULE 6 Section 55(3)
p.000367: PART 1: TRANSITIONAL PROVISION
p.000367: 1 (1) This paragraph applies for the purposes of this Schedule.
p.000367: (2) “The initial period” means the period that—
p.000367: (a) begins with the commencement of section 25, and
p.000367: (b) ends with the day specified by the Secretary of State for the purposes of section 14A of the 2006 Act (as
p.000367: inserted by section 25).
p.000367: (3) “An initial application” means an application under section 14B of that Act which is made during the initial
p.000367: period.
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
(return to top)
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: £44.75
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: CHAPTER 7
p.000002:
p.000002: CONTENTS
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: 4 The Secretary of State’s duty as to reducing inequalities
p.000002: 5 The Secretary of State’s duty as to promoting autonomy
p.000002: 6 The Secretary of State’s duty as to research
p.000002: 7 The Secretary of State’s duty as to education and training
p.000002: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000002: 9 The NHS Commissioning Board
p.000002: 10 Clinical commissioning groups
p.000002:
p.000002: Arrangements for provision of health services
p.000002: 11 The Secretary of State’s duty as to protection of public health
p.000002: 12 Duties as to improvement of public health
p.000002: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000002: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000002: 15 Power to require Board to commission certain health services
p.000002: 16 Secure psychiatric services
p.000002: 17 Other services etc. provided as part of the health service
p.000002: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000002: 19 Regulations relating to EU obligations
p.000002:
p.000002: ii Health and Social
p.000002: Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: 20 Regulations as to the exercise of functions by the Board or clinical commissioning groups
p.000002: 21 Functions of Special Health Authorities
p.000002: 22 Exercise of public health functions of the Secretary of State
p.000002:
p.000002: Further provision about the Board
p.000002: 23 The NHS Commissioning Board: further provision
p.000002: 24 Financial arrangements for the Board
p.000002:
p.000002: Further provision about clinical commissioning groups
...
p.000002: with a view to securing continuous improvement in the outcomes that are achieved from the provision of the
p.000002: services.
p.000002: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000002: (a) the effectiveness of the services,
p.000002: (b) the safety of the services, and
p.000002: (c) the quality of the experience undergone by patients.
p.000002: (4) In discharging the duty under subsection (1), the Secretary of State must have regard to the
p.000002: quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.”
p.000002:
p.000002: 3 The Secretary of State’s duty as to the NHS Constitution
p.000002: After section 1A of the National Health Service Act 2006 insert—
p.000002: “1B Duty as to the NHS Constitution
p.000002: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS
p.000002: Constitution.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000003: 3
p.000003: Part 1 — The health service in England
p.000003:
p.000003: (2) In this Act, “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see
p.000003: section 1 of that Act).”
p.000003:
p.000003: 4 The Secretary of State’s duty as to reducing inequalities
p.000003: After section 1B of the National Health Service Act 2006 insert—
p.000003: “1C Duty as to reducing inequalities
p.000003: In exercising functions in relation to the health service, the Secretary of State must have regard to the need to
p.000003: reduce inequalities between the people of England with respect to the benefits that they can obtain from the health
p.000003: service.”
p.000003:
p.000003: 5 The Secretary of State’s duty as to promoting autonomy
p.000003: After section 1C of the National Health Service Act 2006 insert—
p.000003: “1D Duty as to promoting autonomy
p.000003: (1) In exercising functions in relation to the health service, the Secretary of State must have regard to the
p.000003: desirability of securing, so far as consistent with the interests of the health service—
p.000003: (a) that any other person exercising functions in relation to the health service or providing services for
p.000003: its purposes is free to exercise those functions or provide those services in the manner that it considers most
p.000003: appropriate, and
p.000003: (b) that unnecessary burdens are not imposed on any such person.
p.000003: (2) If, in the case of any exercise of functions, the Secretary of State considers that there is a
p.000003: conflict between the matters mentioned in subsection (1) and the discharge by the Secretary of State of the duties
p.000003: under section 1, the Secretary of State must give priority to the duties under that section.”
p.000003:
p.000003: 6 The Secretary of State’s duty as to research
p.000003: After section 1D of the National Health Service Act 2006 insert—
p.000003: “1E Duty as to research
p.000003: In exercising functions in relation to the health service, the Secretary of State must promote—
p.000003: (a) research on matters relevant to the health service, and
p.000003: (b) the use in the health service of evidence obtained from research.”
p.000003:
p.000003: 7 The Secretary of State’s duty as to education and training
p.000003: After section 1E of the National Health Service Act 2006 insert—
p.000003: “1F Duty as to education and training
p.000003: (1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment
...
p.000019: (b) promote awareness of the NHS Constitution among patients, staff and members of the public.
p.000019: (2) In this section, “patients” and “staff” have the same meaning as in Chapter 1 of Part 1 of the Health
p.000019: Act 2009 (see section 3(7) of that Act).
p.000019: 13D Duty as to effectiveness, efficiency etc.
p.000019: The Board must exercise its functions effectively, efficiently and economically.
p.000019: 13E Duty as to improvement in quality of services
p.000019: (1) The Board must exercise its functions with a view to securing continuous improvement in
p.000019: the quality of services provided to individuals for or in connection with—
p.000019: (a) the prevention, diagnosis or treatment of illness, or
p.000019: (b) the protection or improvement of public health.
p.000019: (2) In discharging its duty under subsection (1), the Board must, in particular, act with a view to
p.000019: securing continuous improvement in the outcomes that are achieved from the provision of the services.
p.000019: (3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—
p.000019: (a) the effectiveness of the services,
p.000019: (b) the safety of the services, and
p.000019: (c) the quality of the experience undergone by patients.
p.000019: (4) In discharging its duty under subsection (1), the Board must have regard to—
p.000019: (a) any document published by the Secretary of State for the purposes of this section, and
p.000019: (b) the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.
p.000019: 13F Duty as to promoting autonomy
p.000019: (1) In exercising its functions, the Board must have regard to the desirability of securing,
p.000019: so far as consistent with the interests of the health service—
p.000019: (a) that any other person exercising functions in relation to the health service or providing services for
p.000019: its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate,
p.000019: and
p.000019: (b) that unnecessary burdens are not imposed on any such person.
p.000019: (2) If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters
p.000019: mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board
p.000019: must give priority to those duties.
p.000019: 13G Duty as to reducing inequalities
p.000019: The Board must, in the exercise of its functions, have regard to the need to—
p.000019:
p.000019: 20 Health and Social
p.000019: Care Act 2012 (c. 7)
p.000019: Part 1 — The health service in England
p.000019:
p.000019: (a) reduce inequalities between patients with respect to their ability to access health services, and
p.000019: (b) reduce inequalities between patients with respect to the outcomes achieved for them by the
p.000019: provision of health services.
p.000019: 13H Duty to promote involvement of each patient
p.000019: The Board must, in the exercise of its functions, promote the involvement of patients, and their
p.000019: carers and representatives (if any), in decisions which relate to—
...
General/Other / Incapacitated
Searching for indicator incapacity:
(return to top)
p.000285: (c) the chief executive and other members appointed in accordance with paragraph 3.
p.000285: (2) In this Schedule—
p.000285: (a) references to non-executive members of the Board are references to the members appointed in accordance
p.000285: with sub-paragraph (1)(a) and (b), and
p.000285: (b) references to executive members of the Board are references to the other members.
p.000285: (3) The number of executive members must be less than the number of non-executive members.
p.000285: The chief executive and other executive members: appointment and status
p.000285: 3 (1) The chief executive and the other executive members of the Board are to be appointed by the non-executive
p.000285: members.
p.000285: (2) A person may not be appointed as chief executive without the consent of the Secretary of State.
p.000285: (3) The chief executive and the other executive members are to be employees of the Board.
p.000285: (4) The first chief executive of the Board is to be appointed by the Secretary of State.
p.000285:
p.000286: 286
p.000286: Health and Social Care Act 2012 (c. 7) Schedule 1 — The National Health Service Commissioning Board
p.000286: Non-executive members: tenure
p.000286: 4 (1) A person holds and vacates office as a non-executive member of the Board in accordance with that person’s
p.000286: terms of appointment.
p.000286: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
p.000286: (3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the
p.000286: following grounds—
p.000286: (a) incapacity,
p.000286: (b) misbehaviour, or
p.000286: (c) failure to carry out his or her duties as a non-executive member.
p.000286: (4) The Secretary of State may suspend a person from office as a non- executive member if it appears to the Secretary
p.000286: of State that there are or may be grounds to remove that person from office under sub-paragraph (3).
p.000286: (5) A person may not be appointed as a non-executive member for a period of more than four years.
p.000286: (6) A person who ceases to be a non-executive member is eligible for re-appointment.
p.000286: Suspension of non-executive members
p.000286: 5 (1) This paragraph applies where a person is suspended under paragraph 4(4).
p.000286: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect
p.000286: on receipt by the person of the notice.
p.000286: (3) The notice may be—
p.000286: (a) delivered in person (in which case the person is taken to receive it when it is delivered), or
p.000286: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000286: the third day after the day on which it is posted).
p.000286: (4) The initial period of suspension must not exceed six months.
p.000286: (5) The Secretary of State may at any time review the suspension.
p.000286: (6) The Secretary of State—
p.000286: (a) must review the suspension if requested in writing by the person to do so, but
p.000286: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000286: suspension.
p.000286: (7) Following a review during a period of suspension, the Secretary of State may—
p.000286: (a) revoke the suspension, or
p.000286: (b) suspend the person for another period of not more than six months from the expiry of the current period.
p.000286:
...
p.000375: (b) at least four other members so appointed, and
p.000375: (c) the chief executive and other members appointed in accordance with paragraph 2.
p.000375: (2) The number of executive members must be less than the number of non- executive members.
p.000375: (3) In this Schedule—
p.000375: (a) references to non-executive members of Monitor are references to the members appointed in accordance with
p.000375: sub-paragraph (1)(a) and (b), and
p.000375: (b) references to executive members of Monitor are references to the other members.
p.000375: The chief executive and other executive members: appointment and status
p.000375: 2 (1) The chief executive and the other executive members of Monitor are to be appointed by the non-executive
p.000375: members.
p.000375: (2) A person may not be appointed as chief executive or as another executive member without the consent of the
p.000375: Secretary of State.
p.000375: (3) The non-executive members may not appoint more than five executive members without the consent of the
p.000375: Secretary of State.
p.000375: (4) The chief executive and the other executive members are to be employees of Monitor.
p.000375: Non-executive members: tenure
p.000375: 3 (1) A person holds and vacates office as a non-executive member of Monitor in accordance with that person’s
p.000375: terms of appointment.
p.000375: (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.
p.000375: (3) The Secretary of State may at any time remove a person from office as a non- executive member on any of the
p.000375: following grounds—
p.000375: (a) incapacity,
p.000375: (b) misbehaviour, or
p.000375:
p.000376: 376
p.000376: Health and Social Care Act 2012 (c. 7)
p.000376: Schedule 8 — Monitor
p.000376: (c) failure to carry out his or her duties as a non-executive member.
p.000376: (4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the
p.000376: Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).
p.000376: (5) A person may not be appointed as a non-executive member for a period of more than four years.
p.000376: (6) A person who ceases to be a non-executive member is eligible for re- appointment.
p.000376: Suspension from office
p.000376: 4 (1) This paragraph applies where a person is suspended under paragraph 3(4).
p.000376: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000376: by the person of the notice.
p.000376: (3) The notice may be—
p.000376: (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
p.000376: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000376: the third day after the day on which it is posted).
p.000376: (4) The initial period of suspension must not exceed six months.
p.000376: (5) The Secretary of State may at any time review the suspension.
p.000376: (6) The Secretary of State—
p.000376: (a) must review the suspension if requested in writing by the person to do so, but
p.000376: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000376: suspension.
p.000376: (7) Following a review during a period of suspension, the Secretary of State may—
p.000376: (a) revoke the suspension, or
...
p.000424: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000424: Membership, appointment, etc.
p.000424: 1 (1) NICE consists of—
p.000424: (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive
p.000424: members”), and
p.000424: (b) at least three but not more than five other members appointed by the non-executive members (referred to
p.000424: in this Schedule as the “executive members”).
p.000424: (2) One of the non-executive members must be appointed as the chair.
p.000424: (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without
p.000424: the approval of the Secretary of State.
p.000424: (4) The executive members are employees of NICE.
p.000424:
p.000424: Health and Social Care Act 2012 (c. 7)
p.000424: Schedule 16 — The National Institute for Health and Care Excellence
p.000424: (5) Regulations may—
p.000425: 425
p.000425: (a) prescribe the number of executive members (subject to sub- paragraph (1)(b)), and
p.000425: (b) provide that all or any of the executive members (other than the chief executive) must hold posts of
p.000425: descriptions specified in the regulations.
p.000425: Tenure of non-executive office
p.000425: 2 (1) The chair and other non-executive members—
p.000425: (a) hold and vacate office in accordance with the terms of their appointments, but
p.000425: (b) may resign office by giving notice to the Secretary of State.
p.000425: (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the
p.000425: following grounds—
p.000425: (a) incapacity,
p.000425: (b) misbehaviour, or
p.000425: (c) failure to carry out his or her duties as a non-executive member.
p.000425: (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears
p.000425: to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
p.000425: (4) A non-executive member may not be appointed for a period of more than four years.
p.000425: (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
p.000425: Suspension from non-executive office
p.000425: 3 (1) This paragraph applies where a person is suspended under paragraph 2(3).
p.000425: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000425: by the person of the notice.
p.000425: (3) The notice may be—
p.000425: (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
p.000425: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000425: the third day after the day on which it is posted).
p.000425: (4) The initial period of suspension must not exceed six months.
p.000425: (5) The Secretary of State may at any time review the suspension.
p.000425: (6) The Secretary of State—
p.000425: (a) must review the suspension if requested in writing by the person to do so, but
p.000425: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000425: suspension.
p.000425: (7) Following a review during a period of suspension, the Secretary of State may—
p.000425:
p.000426: 426
p.000426: Health and Social Care Act 2012 (c. 7)
p.000426: Schedule 16 — The National Institute for Health and Care Excellence
...
p.000432: 14 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at
p.000432: the end of the group of entries for bodies whose functions relate to the health service add—
p.000432: “The National Institute for Health and Care Excellence.”
p.000432:
p.000432:
p.000432: SCHEDULE 18 Section 252
p.000432: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000432: Membership, appointment, etc.
p.000432: 1 (1) The Information Centre consists of—
p.000432: (a) at least six members appointed by the Secretary of State (referred to in this Schedule as the “non-executive
p.000432: members”), and
p.000432: (b) not more than five other members appointed by the non-executive members (referred to in this Schedule as the
p.000432: “executive members”).
p.000432: (2) One of the non-executive members must be appointed as the chair.
p.000432: (3) One of the executive members must be appointed as the chief executive; but the appointment may not be made without
p.000432: the approval of the Secretary of State.
p.000432: (4) The first chief executive is to be appointed by the Secretary of State.
p.000432: (5) The executive members are employees of the Information Centre.
p.000432: Tenure of non-executive office
p.000432: 2 (1) The chair and other non-executive members—
p.000432: (a) hold and vacate office in accordance with the terms of their appointments, but
p.000432: (b) may resign office by giving notice to the Secretary of State.
p.000432: (2) The Secretary of State may remove a person from office as the chair or other non-executive member on any of the
p.000432: following grounds—
p.000432: (a) incapacity,
p.000432: (b) misbehaviour, or
p.000432: (c) failure to carry out his or her duties as a non-executive member.
p.000432: (3) The Secretary of State may suspend a person from office as the chair or other non-executive member if it appears
p.000432: to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (2).
p.000432: (4) A non-executive member may not be appointed for a period of more than four years.
p.000432: (5) A person who ceases to be the chair or another non-executive member is eligible for re-appointment.
p.000432:
p.000432: Health and Social Care Act 2012 (c. 7)
p.000432: Schedule 18 — The Health and Social Care Information Centre
p.000432: Suspension from non-executive office
p.000433: 433
p.000433: 3 (1) This paragraph applies where a person is suspended under paragraph 2(3).
p.000433: (2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt
p.000433: by the person of the notice.
p.000433: (3) The notice may be—
p.000433: (a) delivered in person (in which case, the person is taken to receive it when it is delivered), or
p.000433: (b) sent by first class post to the person’s last known address (in which case, the person is taken to receive it on
p.000433: the third day after the day on which it is posted).
p.000433: (4) The initial period of suspension must not exceed six months.
p.000433: (5) The Secretary of State may at any time review the suspension.
p.000433: (6) The Secretary of State—
p.000433: (a) must review the suspension if requested in writing by the person to do so, but
p.000433: (b) need not review the suspension less than three months after the beginning of the initial period of
p.000433: suspension.
p.000433: (7) Following a review during a period of suspension, the Secretary of State may—
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
p.000002: 23 The NHS Commissioning Board: further provision
p.000002: 24 Financial arrangements for the Board
p.000002:
p.000002: Further provision about clinical commissioning groups
p.000002: 25 Clinical commissioning groups: establishment etc.
p.000002: 26 Clinical commissioning groups: general duties etc.
p.000002: 27 Financial arrangements for clinical commissioning groups
p.000002: 28 Requirement for primary medical services provider to belong to clinical commissioning group
p.000002:
p.000002: Further provision about local authorities’ role in the health service
p.000002: 29 Other health service functions of local authorities under the 2006 Act
p.000002: 30 Appointment of directors of public health
p.000002: 31 Exercise of public health functions of local authorities
p.000002: 32 Complaints about exercise of public health functions by local authorities
p.000002:
p.000002: Abolition of Strategic Health Authorities and Primary Care Trusts
p.000002: 33 Abolition of Strategic Health Authorities
p.000002: 34 Abolition of Primary Care Trusts
p.000002:
p.000002: Functions relating to fluoridation of water
p.000002: 35 Fluoridation of water supplies
p.000002: 36 Procedural requirements in connection with fluoridation of water supplies
p.000002: 37 Fluoridation of water supplies: transitional provision
p.000002:
p.000002: Functions relating to mental health matters
p.000002: 38 Approval functions
p.000002: 39 Discharge of patients
p.000002: 40 After-care
p.000002: 41 Provision of pocket money for in-patients
p.000002: 42 Transfers to and from special hospitals
p.000002: 43 Independent mental health advocates
p.000002: 44 Patients’ correspondence
p.000002: 45 Notification of hospitals having arrangements for special cases
p.000002:
p.000002: Emergency powers
p.000002: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000002: 47 Secretary of State’s emergency powers
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: iii
p.000002:
p.000002:
p.000002: Miscellaneous
p.000002: 48 New Special Health Authorities
p.000002: 49 Primary care services: directions as to exercise of functions
p.000002: 50 Charges in respect of certain public health functions
p.000002: 51 Pharmaceutical services expenditure
p.000002: 52 Secretary of State’s duty to keep health service functions under review
p.000002: 53 Secretary of State’s annual report
p.000002: 54 Certification of death
p.000002: 55 Amendments related to Part 1 and transitional provision
p.000002: PART 2
p.000002: FURTHER PROVISION ABOUT PUBLIC HEALTH
p.000002: 56 Abolition of Health Protection Agency
p.000002: 57 Functions in relation to biological substances
p.000002: 58 Radiation protection functions
p.000002: 59 Repeal of AIDS (Control) Act 1987
p.000002: 60 Co-operation with bodies exercising functions in relation to public health
p.000002: PART 3
p.000002: REGULATION OF HEALTH AND ADULT SOCIAL CARE SERVICES
p.000002: CHAPTER 1
p.000002: MONITOR
p.000002: 61 Monitor
p.000002: 62 General duties
p.000002: 63 Secretary of State’s guidance on duty under section 62(9)
p.000002: 64 General duties: supplementary
p.000002: 65 Power to give Monitor functions relating to adult social care services
p.000002: 66 Matters to have regard to in exercise of functions
p.000002: 67 Conflicts between functions
p.000002: 68 Duty to review regulatory burdens
p.000002: 69 Duty to carry out impact assessments
p.000002: 70 Information
p.000002: 71 Failure to perform functions
p.000002: CHAPTER 2
p.000002: COMPETITION
p.000002: 72 Functions under the Competition Act 1998
...
p.000007: (1) Section 3 of the National Health Service Act 2006 is amended as follows.
p.000007: (2) In subsection (1)—
p.000007: (a) for the words from the beginning to “reasonable requirements” substitute “A clinical
p.000007: commissioning group must arrange for the provision of the following to such extent as it considers necessary to
p.000007: meet the reasonable requirements of the persons for whom it has responsibility”, and
p.000007: (b) in each of paragraphs (d) and (e) for the words “as he considers” substitute “as the group
p.000007: considers”.
p.000007: (3) After that subsection insert—
p.000007: “(1A) For the purposes of this section, a clinical commissioning group has responsibility for—
p.000007: (a) persons who are provided with primary medical services by a member of the group, and
p.000007: (b) persons who usually reside in the group’s area and are not provided with primary medical services by a
p.000007: member of any clinical commissioning group.
p.000007: (1B) Regulations may provide that for the purposes of this section a clinical commissioning group also has
p.000007: responsibility (whether generally or in relation to a prescribed service or facility) for persons who—
p.000007:
p.000007: 8 Health and Social
p.000007: Care Act 2012 (c. 7)
p.000007: Part 1 — The health service in England
p.000007:
p.000007: (a) were provided with primary medical services by a person who is or was a member of the group, or
p.000007: (b) have a prescribed connection with the group’s area.
p.000007: (1C) The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the
p.000007: provision of services or facilities for emergency care, a clinical commissioning group has responsibility for
p.000007: every person present in its area.
p.000007: (1D) Regulations may provide that subsection (1A) does not apply—
p.000007: (a) in relation to persons of a prescribed description (which may include a description framed by reference to
p.000007: the primary medical services with which the persons are provided);
p.000007: (b) in prescribed circumstances.
p.000007: (1E) The duty in subsection (1) does not apply in relation to a service or facility if the Board has a
p.000007: duty to arrange for its provision.”
p.000007: (4) After subsection (1E) insert—
p.000007: “(1F) In exercising its functions under this section and section 3A, a clinical commissioning group must act
p.000007: consistently with—
p.000007: (a) the discharge by the Secretary of State and the Board of their duty under section 1(1) (duty to promote a
p.000007: comprehensive health service), and
p.000007: (b) the objectives and requirements for the time being specified in the mandate published under section 13A.”
p.000007: (5) Omit subsections (2) and (3).
p.000007: (6) For the heading to section 3 substitute “Duties of clinical commissioning groups as to commissioning
p.000007: certain health services”.
p.000007: (7) For the cross-heading preceding section 3 substitute “Arrangements for the provision of certain health
p.000007: services”.
p.000007: (8) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before
p.000007: paragraph (za) insert—
p.000007: “(zza) regulations under section 3(1D),”.
p.000007:
p.000007: 14 Power of clinical commissioning groups as to commissioning certain health services
p.000007: After section 3 of the National Health Service Act 2006 insert—
...
p.000079: Mental Health Act 1983, at the appropriate place insert—
p.000079:
p.000079: “Section 130A
p.000079: Making arrangements to enable independent mental health advocates to be available to help qualifying
p.000079: patients”.
p.000079:
p.000079: 44 Patients’ correspondence
p.000079: (1) In section 134 of the Mental Health Act 1983 (patients’ correspondence), in subsection (1)—
p.000079: (a) before “the approved clinician” insert “or”, and
p.000079: (b) omit “or the Secretary of State”.
p.000079: (2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State
p.000079: under section 134(1) of that Act and having effect immediately before the commencement of this section.
p.000079:
p.000079: 45 Notification of hospitals having arrangements for special cases
p.000079: (1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
p.000079: (a) after “the duty of” insert “every clinical commissioning group and of”,
p.000079: (b) omit “every Primary Care Trust and of”,
p.000079: (c) after “the area of the” insert “clinical commissioning group or”,
p.000079: (d) omit “Primary Care Trust or” in the first place it appears,
p.000079: (e) after “available to the” insert “clinical commissioning group or”, and
p.000079: (f) omit “Primary Care Trust or” in the second place it appears.
p.000079: (2) In consequence of the repeals made by this section, in the National Health Service Reform and
p.000079: Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
p.000079:
p.000079: Emergency powers
p.000079:
p.000079: 46 Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role
p.000079: of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
p.000079: “252A Role of the Board and clinical commissioning groups in respect of emergencies
p.000079: (1) The Board and each clinical commissioning group must take appropriate steps for securing that it
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079:
p.000079: 80 Health and Social
p.000079: Care Act 2012 (c. 7)
p.000079: Part 1 — The health service in England
p.000079:
p.000079: (2) The Board must take such steps as it considers appropriate for securing that each clinical commissioning
p.000079: group is properly prepared for dealing with a relevant emergency.
p.000079: (3) The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical
p.000079: commissioning group with its duty under subsection (1).
p.000079: (4) The Board must take such steps as it considers appropriate for securing that each relevant service provider
p.000079: is properly prepared for dealing with a relevant emergency.
p.000079: (5) The steps taken by the Board under subsection (4) must include monitoring compliance by the service
p.000079: provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is
p.000079: properly prepared for dealing with a relevant emergency.
p.000079: (6) The Board may take such steps as it considers appropriate for facilitating a co-ordinated
p.000079: response to an emergency by the clinical commissioning groups and relevant service providers for which it is a
p.000079: relevant emergency.
p.000079: (7) The Board may arrange for any body or person to exercise any functions of the Board under subsections
p.000079: (2) to (6).
p.000079: (8) Where the Board makes arrangements with another body or person under subsection (7) it may also arrange
p.000079: for that other body or person to exercise any functions that the Board has, by virtue of being a Category 1
p.000079: responder, under Part 1 of the Civil Contingencies Act 2004.
p.000079: (9) A relevant service provider must appoint an individual to be responsible for—
p.000079: (a) securing that the provider is properly prepared for dealing with a relevant emergency,
p.000079: (b) securing that the provider complies with any requirements mentioned in subsection (5), and
p.000079: (c) providing the Board with such information as it may require for the purpose of discharging its functions under
p.000079: this section.
p.000079: (10) In this section—
p.000079: “relevant emergency”—
p.000079: (a) in relation to the Board or a clinical commissioning group, means any emergency which might affect
p.000079: the Board or the group (whether by increasing the need for the services that it may arrange or in any other way);
p.000079: (b) in relation to a relevant service provider, means any emergency which might affect the provider (whether
p.000079: by increasing the need for the services that it may provide or in any other way);
p.000079: “relevant service provider” means any body or person providing services in pursuance of service arrangements;
p.000079: “service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or
p.000079: a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.”
p.000079:
p.000079: Health and Social Care Act 2012 (c. 7)
p.000081: 81
p.000081: Part 1 — The health service in England
p.000081: 47 Secretary of State’s emergency powers
p.000081: (1) Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
p.000081: (2) In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it
p.000081: is appropriate to do so”.
p.000081: (3) After subsection (1) insert—
p.000081: “(1A) A direction under this section may be given to—
p.000081: (a) an NHS body other than a Local Health Board;
p.000081: (b) the National Institute for Health and Care Excellence;
p.000081: (c) the Health and Social Care Information Centre;
p.000081: (d) any body or person, other than an NHS body, providing services in pursuance of arrangements made—
p.000081: (i) by the Secretary of State under section 12,
p.000081: (ii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
p.000081: (iii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or
p.000081: 6C(1) or Schedule 1, or
p.000081: (iv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A.”
p.000081: (4) For subsection (2) substitute—
p.000081: “(2) In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be
p.000081: exercised—
p.000081: (a) to give directions to the body about the exercise of any of its functions;
p.000081: (b) to direct the body to cease to exercise any of its functions for a specified period;
p.000081: (c) to direct the body to exercise any of its functions concurrently with another body or person for a specified
p.000081: period;
p.000081: (d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act
p.000081: for a specified period (whether to the exclusion of, or concurrently with, that body or person).
p.000081: (2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be
p.000081: exercised—
p.000081: (a) to give directions to the body or person about the provision of any services that it provides in pursuance
p.000081: of arrangements mentioned in subsection (1A)(d);
p.000081: (b) to direct the body or person to cease to provide any of those services for a specified period;
p.000081: (c) to direct the body or person to provide other services for the purposes of the health service for a specified
p.000081: period.”
p.000081: (5) After subsection (2A) insert—
p.000081: “(2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this
p.000081: section.
p.000081:
p.000081: 82 Health and Social
p.000081: Care Act 2012 (c. 7)
p.000081: Part 1 — The health service in England
p.000081:
p.000081: (2C) The Secretary of State may give directions to the Board about its exercise of any functions that
p.000081: are the subject of a direction under subsection (2B).
p.000081: (2D) In this section, “specified” means specified in the direction.”
p.000081: (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
p.000081: (7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection
p.000081: (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
p.000081:
p.000081: Miscellaneous
p.000081:
p.000081: 48 New Special Health Authorities
p.000081: (1) After section 28 of the National Health Service Act 2006 (special health authorities) insert—
p.000081: “28A Special Health Authorities: further provision
p.000081: (1) This section applies in relation to an order under section 28 which is made after the coming into force of
p.000081: section 48 of the Health and Social Care Act 2012.
p.000081: (2) The order must include—
p.000081: (a) provision for the abolition of the Special Health Authority on a day specified in the order, and
p.000081: (b) provision as to the transfer of officers, property and liabilities of the Authority on its abolition.
p.000081: (3) The day specified in accordance with subsection (2)(a) must be within the period of 3 years beginning with
p.000081: the day on which the Special Health Authority is established.
p.000081: (4) The power (by virtue of section 273(1)) to vary an order under section 28 includes power to vary the provision
p.000081: mentioned in subsection (2) by—
p.000081: (a) providing for the abolition of the Special Health Authority on a day which is earlier or later than the
p.000081: day for the time being specified in the order;
p.000081: (b) making different provision as to the matters mentioned in subsection (2)(b).
...
p.000359: “(3) But if the relevant person is ordinarily resident in the area of a local authority in England, the
p.000359: supervisory body are that local authority.
p.000359: (4) “Local authority” means—
p.000359: (a) the council of a county;
p.000359: (b) the council of a district for which there is no county council;
p.000359: (c) the council of a London borough;
p.000359: (d) the Common Council of the City of London;
p.000359: (e) the Council of the Isles of Scilly.”
p.000359: (5) Before paragraph 183 insert the following heading—
p.000359: “Supervisory bodies: determination of place of ordinary residence”.
p.000359: (6) In that paragraph—
p.000359: (a) in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and
p.000359: (b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is
p.000359: ordinarily resident for the purposes of paragraph 182”.
p.000359: Childcare Act 2006 (c. 21)
p.000359: 137 In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in
p.000359: subsection (1)—
p.000359: (a) before paragraph (a) insert—
p.000359: “(za) the National Health Service Commissioning Board;”, and
p.000359: (b) in paragraph (a)—
p.000359: (i) at the beginning insert “a clinical commissioning group”,
p.000359: (ii) omit “a Strategic Health Authority”, and
p.000359: (iii) omit “or Primary Care Trust”.
p.000359: Emergency Workers (Obstruction) Act 2006 (c. 39)
p.000359: 138 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—
p.000359: (a) in subsection (5), in paragraph (a)—
p.000359: (i) after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority
p.000359: in the exercise of public health functions, the National Health Service Commissioning Board, a
p.000359: clinical commissioning group,”, and
p.000359: (ii) omit “, Primary Care Trust”, and
p.000359: (b) after that subsection insert—
p.000359: “(6) In subsection (5)(a) above “public health functions”—
p.000359:
p.000360: 360
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360:
p.000360: (a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National
p.000360: Health Service Act 2006;
p.000360: (b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.”
p.000360: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000360: 139 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
p.000360: (a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a),
p.000360: 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating
p.000360: to Primary Care Trusts), and
p.000360: (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)
p.000360: (which make amendments relating to Strategic Health Authorities).
p.000360: NHS Redress Act 2006 (c. 44)
p.000360: 140 The NHS Redress Act 2006 is amended as follows.
p.000360: 141 In section 1, in subsection (3)—
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.000002: 154 Accounts: initial arrangements
p.000002: 155 Accounts: variations to initial arrangements
p.000002: 156 Annual report and forward plan
p.000002: 157 Meetings
p.000002: 158 Voting
p.000002:
p.000002: Foundation trust status
p.000002: 159 Authorisation
p.000002: 160 Bodies which may apply for foundation trust status
p.000002: 161 Amendment of constitution
p.000002: 162 Panel for advising governors
p.000002:
p.000002: Finance
p.000002: 163 Financial powers etc.
p.000002:
p.000002:
p.000002:
p.000002: 164 Goods and services
p.000002: 165 Private health care
p.000002: 166 Information
p.000002: 167 Significant transactions
p.000002: Functions
p.000002:
p.000002: Mergers, acquisitions, separations and dissolution
p.000002: 168 Mergers
p.000002: 169 Acquisitions
p.000002: 170 Separations
p.000002: 171 Dissolution
p.000002: 172 Supplementary
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: vii
p.000002:
p.000002:
p.000002: Failure
p.000002: 173 Repeal of de-authorisation provisions
p.000002: 174 Trust special administrators
p.000002: 175 Objective of trust special administration
p.000002: 176 Procedure etc.
p.000002: 177 Action following final report
p.000002: 178 Sections 174 to 177: supplementary
p.000002:
p.000002: Abolition of NHS trusts
p.000002: 179 Abolition of NHS trusts in England
p.000002: 180 Repeal of provisions on authorisation for NHS foundation trusts
p.000002: PART 5
p.000002: PUBLIC INVOLVEMENT AND LOCAL GOVERNMENT
p.000002: CHAPTER 1
p.000002: PUBLIC INVOLVEMENT
p.000002:
p.000002: Healthwatch England
p.000002: 181 Healthwatch England
p.000002:
p.000002: Local Healthwatch organisations
p.000002: 182 Activities relating to local care services
p.000002: 183 Local authority arrangements
p.000002: 184 Local arrangements: power to make further provision
p.000002: 185 Independent advocacy services
p.000002: 186 Requests, rights of entry and referrals
p.000002: 187 Annual reports
p.000002: 188 Transitional arrangements
p.000002: 189 Consequential provision
p.000002: CHAPTER 2
p.000002: LOCAL GOVERNMENT
p.000002:
p.000002: Scrutiny functions of local authorities
p.000002: 190 Scrutiny functions of local authorities
p.000002: 191 Amendments consequential on section 190
p.000002:
p.000002: Joint strategic needs assessments and strategies
p.000002: 192 Joint strategic needs assessments
p.000002: 193 Joint health and wellbeing strategies
p.000002:
p.000002: Health and Wellbeing Boards: establishment
p.000002: 194 Establishment of Health and Wellbeing Boards
p.000002:
p.000002: viii
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: Health and Wellbeing Boards: functions
p.000002: 195 Duty to encourage integrated working
p.000002: 196 Other functions of Health and Wellbeing Boards
p.000002:
p.000002: Health and Wellbeing Boards: supplementary
p.000002: 197 Participation of NHS Commissioning Board
p.000002: 198 Discharge of functions of Health and Wellbeing Boards
p.000002: 199 Supply of information to Health and Wellbeing Boards
p.000002:
p.000002:
p.000002:
p.000002: 200 Care Trusts
p.000002: Care Trusts
p.000002:
p.000002: CHAPTER 3
p.000002: THE HEALTH SERVICE COMMISSIONER FOR ENGLAND
p.000002: 201 Disclosure of reports etc. by the Health Service Commissioner
p.000002: PART 6
p.000002: PRIMARY CARE SERVICES
p.000002: 202 Medical services: minor amendments
p.000002: 203 Persons eligible to enter into general dental services contracts
p.000002: 204 Arrangements under section 107 of the National Health Service Act 2006
p.000002: 205 Payments in respect of costs of sight tests
p.000002: 206 Pharmaceutical needs assessments
p.000002: 207 Control of entry on pharmaceutical lists
p.000002: 208 Lists of performers of pharmaceutical services and assistants etc.
p.000002: PART 7
p.000002: REGULATION OF HEALTH AND SOCIAL CARE WORKERS
p.000002:
p.000002: Orders under section 60 of the Health Act 1999
p.000002: 209 Power to regulate social workers etc. in England
p.000002: 210 Training etc. of approved mental health professionals in England
p.000002: 211 Orders regulating social care workers in England: further provision
p.000002:
p.000002: The General Social Care Council
p.000002: 212 Abolition of the General Social Care Council
p.000002:
p.000002: The Health and Care Professions Council
p.000002: 213 Regulation of social workers in England
p.000002: 214 The Health and Care Professions Council
p.000002: 215 Functions of the Council in relation to social work in England
p.000002: 216 Appeals in cases involving social workers in England
p.000002: 217 Approval of courses for approved mental health professionals
p.000002: 218 Exercise of function of approving courses, etc.
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: ix
p.000002:
p.000002:
p.000002: 219 Arrangements with other health or social care regulators
p.000002: 220 References in enactments to registered health professionals, etc.
p.000002:
p.000002: Role of the Secretary of State
p.000002: 221 Functions of the Secretary of State in relation to social care workers
p.000002:
p.000002: The Professional Standards Authority for Health and Social Care
p.000002: 222 The Professional Standards Authority for Health and Social Care
p.000002: 223 Functions of the Authority
p.000002: 224 Funding of the Authority
p.000002: 225 Power to advise regulatory bodies, investigate complaints, etc.
p.000002: 226 Accountability and governance
p.000002: 227 Appointments to regulatory bodies
p.000002: 228 Establishment of voluntary registers
p.000002: 229 Accreditation of voluntary registers
p.000002:
p.000002: Consequential provision etc.
p.000002: 230 Consequential provisions and savings, etc.
p.000002:
p.000002: The Office of the Health Professions Adjudicator
p.000002: 231 Abolition of the Office of the Health Professions Adjudicator
p.000002: PART 8
p.000002: THE NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
p.000002:
p.000002: Establishment and general duties
p.000002: 232 The National Institute for Health and Care Excellence
p.000002: 233 General duties
p.000002:
p.000002: Functions: quality standards
p.000002: 234 Quality standards
p.000002: 235 Supply of quality standards to other persons
p.000002: 236 Advice or guidance to the Secretary of State or the Board
p.000002:
p.000002: Functions: advice, guidance etc.
p.000002: 237 Advice, guidance, information and recommendations
p.000002: 238 NICE recommendations: appeals
p.000002: 239 Training
p.000002: 240 Advisory services
p.000002: 241 Commissioning guidance
p.000002:
p.000002: Functions: other
p.000002: 242 NICE’s charter
p.000002: 243 Additional functions
p.000002: 244 Arrangements with other bodies
p.000002:
p.000002: x Health and Social
p.000002: Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: 245 Failure by NICE to discharge any of its functions
p.000002: 246 Protection from personal liability
p.000002:
p.000002: Supplementary
p.000002: 247 Interpretation of this Part
...
p.000002: Schedule 3 — Pharmaceutical remuneration
p.000002: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000002: Part 2 — NHS Bodies Part 3 — Local authorities Part 4 — Medical services Part 5 — Dental services
p.000002: Part 6 — Ophthalmic services Part 7 — Pharmaceutical services Part 8 — Charging
p.000002: Part 9 — Fraud etc.
p.000002: Part 10 — Property and finance
p.000002: Part 11 — Public involvement and scrutiny Part 12 — Miscellaneous
p.000002: Schedule 5 — Part 1: amendments of other enactments Schedule 6 — Part 1: transitional provision
p.000002: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000002: Schedule 8 — Monitor
p.000002: Schedule 9 — Requirements under section 77: undertakings
p.000002: Schedule 10 — References by Monitor to the Competition Commission Schedule 11 — Further provision about Monitor’s
p.000002: enforcement powers
p.000002: Part 1 — Discretionary requirements Part 2 — Enforcement undertakings
p.000002: Schedule 12 — Procedure on references under section 120 Schedule 13 — Part 3: minor and consequential amendments
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: xiii
p.000002:
p.000002:
p.000002: Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000002: Part 1 — Amendments of the National Health Service Act 2006 Part 2 — Amendments of other Acts
p.000002: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council Part 2
p.000002: — The Health and Care Professions Council
p.000002: Part 3 — The Professional Standards Authority for Health and Social Care
p.000002: Part 4 — The Office of the Health Professions Adjudicator Schedule 16 — The National Institute for Health and Care
p.000002: Excellence Schedule 17 — Part 8: consequential amendments
p.000002: Schedule 18 — The Health and Social Care Information Centre Schedule 19 — Part 9: consequential amendments
p.000002: Schedule 20 — Part 10: consequential amendments and savings Part 1 — The Alcohol Education and Research Council Part 2
p.000002: — The Appointments Commission
p.000002: Part 3 — The National Information Governance Board for Health and Social Care
p.000002: Schedule 21 — Amendments relating to relationships between the health services
p.000002: Schedule 22 — Property transfer schemes Schedule 23 — Staff transfer schemes
p.000002:
p.000002:
p.000002:
p.000002: ELIZABETH II c. 7
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002:
p.000002: Health and Social Care Act 2012
p.000002: 2012 CHAPTER 7
p.000002:
p.000002: An Act to establish and make provision about a National Health Service Commissioning Board and clinical
p.000002: commissioning groups and to make other provision about the National Health Service in England; to make
p.000002: provision about public health in the United Kingdom; to make provision about regulating health
p.000002: and adult social care services; to make provision about public involvement in health and social care
p.000002: matters, scrutiny of health matters by local authorities and co-operation between local authorities and
p.000002: commissioners of health care services; to make provision about regulating health and social care workers;
p.000002: to establish and make provision about a National Institute for Health and Care Excellence; to establish
p.000002: and make provision about a Health and Social Care Information Centre and to make other provision about
p.000002: information relating to health or social care matters; to abolish certain public bodies involved in health or social
p.000002: care; to make other provision about health care; and for connected purposes. [27th March 2012]
p.000002:
p.000002: E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and
p.000002: Temporal, and Commons, in this present
p.000002: Parliament assembled, and by the authority of the same, as follows:—
p.000002:
p.000002: PART 1
p.000002: THE HEALTH SERVICE IN ENGLAND
p.000002:
p.000002: The health service: overview
p.000002:
p.000002: 1 Secretary of State’s duty to promote comprehensive health service
p.000002: For section 1 of the National Health Service Act 2006 (Secretary of State’s duty
p.000002:
p.000002: 2
p.000002:
p.000002: to promote health service) substitute—
p.000002: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000002: “1 Secretary of State’s duty to promote comprehensive health service
p.000002: (1) The Secretary of State must continue the promotion in England of a comprehensive health service
p.000002: designed to secure improvement—
p.000002: (a) in the physical and mental health of the people of England, and
p.000002: (b) in the prevention, diagnosis and treatment of physical and mental illness.
p.000002: (2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as
p.000002: to secure that services are provided in accordance with this Act.
p.000002: (3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service
p.000002: in England.
p.000002: (4) The services provided as part of the health service in England must be free of charge except in so far as the
p.000002: making and recovery of charges is expressly provided for by or under any enactment, whenever passed.”
p.000002:
p.000002: 2 The Secretary of State’s duty as to improvement in quality of services
p.000002: After section 1 of the National Health Service Act 2006 insert—
p.000002: “1A Duty as to improvement in quality of services
...
p.000003: After section 1D of the National Health Service Act 2006 insert—
p.000003: “1E Duty as to research
p.000003: In exercising functions in relation to the health service, the Secretary of State must promote—
p.000003: (a) research on matters relevant to the health service, and
p.000003: (b) the use in the health service of evidence obtained from research.”
p.000003:
p.000003: 7 The Secretary of State’s duty as to education and training
p.000003: After section 1E of the National Health Service Act 2006 insert—
p.000003: “1F Duty as to education and training
p.000003: (1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment
p.000003: so as to secure that there is an effective system for the planning and delivery of education and
p.000003: training to persons who are employed, or who are considering
p.000003:
p.000003: 4 Health and Social
p.000003: Care Act 2012 (c. 7)
p.000003: Part 1 — The health service in England
p.000003:
p.000003: becoming employed, in an activity which involves or is connected with the provision of services as part of the health
p.000003: service in England.
p.000003: (2) Any arrangements made with a person under this Act for the provision of services as part of that health service
p.000003: must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the
p.000003: duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under
p.000003: section 7, with the Special Health Authority).
p.000003: (3) In subsection (1), “relevant enactment” means—
p.000003: (a) section 63 of the Health Services and Public Health Act 1968,
p.000003: (b) this Act,
p.000003: (c) the Health and Social Care Act 2008,
p.000003: (d) the Health Act 2009, and
p.000003: (e) the Health and Social Care Act 2012.”
p.000003:
p.000003: 8 Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: After section 1F of the National Health Service Act 2006 insert—
p.000003: “1G Secretary of State’s duty as to reporting on and reviewing treatment of providers
p.000003: (1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a
p.000003: report before Parliament on the treatment of NHS health care providers as respects any matter, including
p.000003: taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward
p.000003: available to them for doing so.
p.000003: (2) The report must include recommendations as to how any differences in the treatment of NHS health care
p.000003: providers identified in the report could be addressed.
p.000003: (3) The Secretary of State must keep under review the treatment of NHS health care providers as respects any such
p.000003: matter as is mentioned in subsection (1).
p.000003: (4) In this section—
p.000003: (a) “NHS health care providers” means persons providing or intending to provide health care services for the
p.000003: purposes of the NHS, and
p.000003: (b) “health care services for the purposes of the NHS” has the same meaning as in Part 3 of the Health and Social
p.000003: Care Act 2012.”
p.000003:
p.000003: Health and Social Care Act 2012 (c. 7)
p.000005: 5
p.000005: Part 1 — The health service in England
p.000005:
p.000005: 9 The NHS Commissioning Board
...
p.000005: (1) The Secretary of State must take such steps as the Secretary of State considers appropriate for the
p.000005: purpose of protecting the public in England from disease or other dangers to health.
p.000005: (2) The steps that may be taken under subsection (1) include—
p.000005: (a) the conduct of research or such other steps as the Secretary of State considers appropriate for advancing
p.000005: knowledge and understanding;
p.000005: (b) providing microbiological or other technical services (whether in laboratories or otherwise);
p.000005: (c) providing vaccination, immunisation or screening services;
p.000005: (d) providing other services or facilities for the prevention, diagnosis or treatment of illness;
p.000005: (e) providing training;
p.000005: (f) providing information and advice;
p.000005: (g) making available the services of any person or any facilities.
p.000005: (3) Subsection (4) applies in relation to any function under this section which relates to—
p.000005: (a) the protection of the public from ionising or non-ionising radiation, and
p.000005: (b) a matter in respect of which the Health and Safety Executive has a function.
p.000005: (4) In exercising the function, the Secretary of State must—
p.000005: (a) consult the Health and Safety Executive, and
p.000005: (b) have regard to its policies.”
p.000005:
p.000005: 12 Duties as to improvement of public health
p.000005: After section 2A of the National Health Service Act 2006 insert—
p.000005: “2B Functions of local authorities and Secretary of State as to improvement of public health
p.000005: (1) Each local authority must take such steps as it considers appropriate for improving the health of the people in
p.000005: its area.
p.000005: (2) The Secretary of State may take such steps as the Secretary of State considers appropriate for
p.000005: improving the health of the people of England.
p.000005: (3) The steps that may be taken under subsection (1) or (2) include—
p.000005: (a) providing information and advice;
p.000005:
p.000005: Health and Social Care Act 2012 (c. 7)
p.000007: 7
p.000007: Part 1 — The health service in England
p.000007:
p.000007: (b) providing services or facilities designed to promote healthy living (whether by helping individuals
p.000007: to address behaviour that is detrimental to health or in any other way);
p.000007: (c) providing services or facilities for the prevention, diagnosis or treatment of illness;
p.000007: (d) providing financial incentives to encourage individuals to adopt healthier lifestyles;
p.000007: (e) providing assistance (including financial assistance) to help individuals to minimise any risks to health
p.000007: arising from their accommodation or environment;
p.000007: (f) providing or participating in the provision of training for persons working or seeking to work in
p.000007: the field of health improvement;
p.000007: (g) making available the services of any person or any facilities.
p.000007: (4) The steps that may be taken under subsection (1) also include providing grants or loans
p.000007: (on such terms as the local authority considers appropriate).
p.000007: (5) In this section, “local authority” means—
p.000007: (a) a county council in England;
p.000007: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000007: council;
p.000007: (c) a London borough council;
p.000007: (d) the Council of the Isles of Scilly;
p.000007: (e) the Common Council of the City of London.”
p.000007:
p.000007: 13 Duties of clinical commissioning groups as to commissioning certain health services
p.000007: (1) Section 3 of the National Health Service Act 2006 is amended as follows.
p.000007: (2) In subsection (1)—
p.000007: (a) for the words from the beginning to “reasonable requirements” substitute “A clinical
p.000007: commissioning group must arrange for the provision of the following to such extent as it considers necessary to
p.000007: meet the reasonable requirements of the persons for whom it has responsibility”, and
p.000007: (b) in each of paragraphs (d) and (e) for the words “as he considers” substitute “as the group
p.000007: considers”.
p.000007: (3) After that subsection insert—
p.000007: “(1A) For the purposes of this section, a clinical commissioning group has responsibility for—
p.000007: (a) persons who are provided with primary medical services by a member of the group, and
p.000007: (b) persons who usually reside in the group’s area and are not provided with primary medical services by a
p.000007: member of any clinical commissioning group.
p.000007: (1B) Regulations may provide that for the purposes of this section a clinical commissioning group also has
p.000007: responsibility (whether generally or in relation to a prescribed service or facility) for persons who—
p.000007:
p.000007: 8 Health and Social
p.000007: Care Act 2012 (c. 7)
...
p.000009:
p.000009: 16 Secure psychiatric services
p.000009: (1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as
p.000009: follows.
p.000009:
p.000009: 10 Health and Social
p.000009: Care Act 2012 (c. 7)
p.000009: Part 1 — The health service in England
p.000009:
p.000009: (2) In subsection (1) for the words from the beginning to “duty to provide” substitute “The Board must
p.000009: arrange for the provision of”.
p.000009: (3) In subsection (3)—
p.000009: (a) after “may be provided” insert “—
p.000009: (a) ”, and
p.000009: (b) after paragraph (a) insert “, and
p.000009: (b) only by a person approved by the Secretary of State for the purposes of this subsection.”
p.000009: (4) After subsection (3) insert—
p.000009: “(3A) The Secretary of State may—
p.000009: (a) give directions to a person who provides high security psychiatric services about the provision
p.000009: by that person of those services;
p.000009: (b) give directions to the Board about the exercise of its functions in relation to high security psychiatric
p.000009: services.”
p.000009:
p.000009: 17 Other services etc. provided as part of the health service
p.000009: (1) In section 5 of the National Health Service Act 2006 (other services) for “about the Secretary of State and
p.000009: services under this Act” substitute “about the provision of services for the purposes of the health service in
p.000009: England”.
p.000009: (2) Schedule 1 to that Act is amended as follows.
p.000009: (3) In paragraph 1 (medical inspection of pupils)—
p.000009: (a) for “The Secretary of State” substitute “A local authority”, and
p.000009: (b) for “local authorities” substitute “the local authority”.
p.000009: (4) In paragraph 2—
p.000009: (a) in sub-paragraph (1)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”, and
p.000009: (ii) omit “, by arrangement with any local authority,”,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) for “The Secretary of State” substitute “A local authority”,
p.000009: (ii) after “educational establishment” insert “in its area”, and
p.000009: (iii) for “a local authority” substitute “the local authority”, and
p.000009: (c) omit sub-paragraph (3).
p.000009: (5) In paragraph 4—
p.000009: (a) for “A local authority may not make an arrangement” substitute “A local authority may not
p.000009: provide for any medical inspection or treatment”, and
p.000009: (b) for “the arrangement” substitute “the inspection or (as the case may be) treatment”.
p.000009: (6) In paragraph 5—
p.000009: (a) omit sub-paragraph (1)(a) and the word “and” immediately following it,
p.000009: (b) in sub-paragraph (2)—
p.000009: (i) omit “local authority or”,
p.000009: (ii) for “the Secretary of State” substitute “a local authority”, and
p.000009:
p.000009: Health and Social Care Act 2012 (c. 7)
p.000011: 11
p.000011: Part 1 — The health service in England
p.000011:
p.000011: (iii) for “him” substitute “it”.
p.000011: (7) In paragraph 7A (weighing and measuring of children)—
p.000011: (a) for “The Secretary of State” (in each place it occurs) substitute “A local authority”,
p.000011: (b) in sub-paragraph (1) omit “, by arrangement with any local authority,”, and
p.000011: (c) in sub-paragraph (2) —
p.000011: (i) after “any school” insert “in its area”, and
p.000011: (ii) for “a local authority” substitute “the local authority”.
p.000011: (8) In paragraph 7B (regulations as to weighing and measuring of children)—
p.000011: (a) in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (b) in sub-paragraph (1)(d)—
p.000011: (i) for “by the Secretary of State” substitute “by a local authority”, and
p.000011: (ii) after “paragraph 7A” insert “and of any other prescribed information relating to the children
p.000011: concerned”, and
p.000011: (c) in sub-paragraph (2) after “such weighing or measuring” insert “or in relation to information prescribed under
p.000011: sub-paragraph (1)”.
p.000011: (9) After paragraph 7B insert—
p.000011: “Supply of blood and other human tissues
p.000011: 7C The Secretary of State must for the purposes of the health service make arrangements for—
p.000011: (a) collecting, screening, analysing, processing and supplying blood or other tissues,
p.000011: (b) preparing blood components and reagents, and
p.000011: (c) facilitating tissue and organ transplantation.”
p.000011: (10) In paragraph 9 (provision of vehicles for disabled persons)—
p.000011: (a) the existing text becomes sub-paragraph (1),
p.000011: (b) in that sub-paragraph—
p.000011: (i) for “The Secretary of State may provide” substitute “A clinical commissioning group may make
p.000011: arrangements for the provision of”, and
p.000011: (ii) for “persons appearing to him to be persons who have a physical impairment” substitute “persons for
p.000011: whom the group has responsibility and who appear to it to have a physical impairment”, and
p.000011: (c) after that sub-paragraph insert—
p.000011: “(2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply
p.000011: for the purposes of that section.”
p.000011: (11) In paragraph 10—
...
p.000011: (iii) in paragraph (b) for “maintain and repair” substitute “the maintenance and repair of”,
p.000011: (iv) in paragraph (c) for “take out” substitute “the taking out of”,
p.000011: (v) in that paragraph for “pay” substitute “the payment of”,
p.000011: (vi) in paragraph (d) for “provide” (in each place it occurs) substitute “the provision of”, and
p.000011: (vii) in that paragraph for “execute” substitute “the execution of”,
p.000011: (c) in sub-paragraph (3) for “The Secretary of State” substitute “A clinical commissioning group”, and
p.000011: (d) in sub-paragraph (5) for “the Secretary of State” substitute “the clinical commissioning group”.
p.000011: (12) In paragraph 12 (provision of a microbiological service)—
p.000011: (a) in sub-paragraph (1)—
p.000011: (i) omit paragraph (a) and the word “and” immediately following it,
p.000011: (ii) in paragraph (b) omit “other”, and
p.000011: (iii) in that paragraph for “that service” substitute “a microbiological service
p.000011: provided under section 2A”, and
p.000011: (b) omit sub-paragraph (2).
p.000011: (13) For paragraph 13 and the cross-heading preceding it substitute—
p.000011: “Powers in relation to research etc.
p.000011: 13 (1) The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the
p.000011: conduct of research into—
p.000011: (a) any matters relating to the causation, prevention, diagnosis or treatment of illness, and
p.000011: (b) any such other matters connected with any service provided under this Act as the Secretary of State, the
p.000011: Board or the clinical commissioning group (as the case may be) considers appropriate.
p.000011: (2) A local authority may conduct, commission or assist the conduct of research for any purpose connected with the
p.000011: exercise of its functions in relation to the health service.
p.000011: (3) The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose
p.000011: connected with the exercise of its functions in relation to the health service—
p.000011: (a) obtain and analyse data or other information;
p.000011: (b) obtain advice from persons with appropriate professional expertise.
p.000011: (4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to
p.000011: do so by providing financial assistance or making the services of any person or other resources available.
p.000011:
p.000011: Health and Social Care Act 2012 (c. 7)
p.000013: 13
p.000013: Part 1 — The health service in England
p.000013:
p.000013: (5) In this paragraph, “local authority” has the same meaning as in section 2B.”
p.000013:
p.000013: 18 Regulations as to the exercise by local authorities of certain public health functions
p.000013: (1) After section 6B of the National Health Service Act 2006 insert—
p.000013:
p.000013: “Regulations as to the exercise of functions
p.000013: 6C Regulations as to the exercise by local authorities of certain public health functions
p.000013: (1) Regulations may require a local authority to exercise any of the public health functions of the Secretary of
p.000013: State (so far as relating to the health of the public in the authority’s area) by taking such steps as may be
p.000013: prescribed.
p.000013: (2) Regulations may require a local authority to exercise its public health functions by taking such steps as may be
p.000013: prescribed.
p.000013: (3) Where regulations under subsection (1) require a local authority to exercise any of the public health
p.000013: functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any
p.000013: prescribed functions of the Secretary of State that are exercisable in connection with those functions (including
p.000013: the powers conferred by section 12).
p.000013: (4) The making of regulations under subsection (1) does not prevent the Secretary of State from taking any step that
p.000013: a local authority is required to take under the regulations.
p.000013: (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by
p.000013: a local authority of any of its functions under regulations under subsection (1) are enforceable by or against
p.000013: the local authority (and no other person).
p.000013: (6) In this section, “local authority” has the same meaning as in section 2B.”
p.000013: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after
p.000013: paragraph (zza) insert—
p.000013: “(zzb) regulations under section 6C(1) or (2),”.
p.000013:
p.000013: 19 Regulations relating to EU obligations
p.000013: After section 6C of the National Health Service Act 2006 insert—
p.000013: “6D Regulations relating to EU obligations
p.000013: (1) Regulations may require the Board or a clinical commissioning group to exercise a specified EU health function.
p.000013: (2) In subsection (1)—
p.000013: (a) “EU health function” means any function exercisable by the Secretary of State for the purpose
p.000013: of implementing EU obligations that concern, or are connected to, the health service, other than a function of
p.000013: making subordinate legislation (within the meaning of the Interpretation Act 1978), and
p.000013:
p.000013: 14 Health and Social
p.000013: Care Act 2012 (c. 7)
p.000013: Part 1 — The health service in England
p.000013:
p.000013: (b) “specified” means specified in the regulations.
p.000013: (3) The Secretary of State may give directions to the Board or a clinical commissioning group about its
p.000013: exercise of any of its functions under regulations under subsection (1).
p.000013: (4) The making of regulations under subsection (1) does not prevent the Secretary of State from exercising the
p.000013: specified EU health function.
p.000013: (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by
p.000013: the Board or a clinical commissioning group of any of its functions under regulations under subsection (1) are
...
p.000015: of State must—
p.000015: (a) publish a statement explaining the reasons for making the regulations so as to come into force on such a
p.000015: day, and
p.000015: (b) lay the statement before Parliament.
p.000015: (10) In this section—
p.000015: (a) “commissioning contracts”, in relation to the Board or clinical commissioning groups, means contracts
p.000015: entered into by the Board or (as the case may be) clinical commissioning groups in the exercise of its or their
p.000015: commissioning functions;
p.000015: (b) “commissioning functions”, in relation to the Board or clinical commissioning groups, means the functions of the
p.000015: Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the
p.000015: health service;
p.000015: (c) “specified” means specified in the regulations.”
p.000015:
p.000015: 16 Health and Social
p.000015: Care Act 2012 (c. 7)
p.000015: Part 1 — The health service in England
p.000015:
p.000015: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after
p.000015: paragraph (zzb) insert—
p.000015: “(zzc) regulations under section 6E, except where they do not include provision by virtue of subsection (7)(c) of
p.000015: that section,”.
p.000015:
p.000015: 21 Functions of Special Health Authorities
p.000015: (1) Section 7 of the National Health Service Act 2006 (distribution of health service functions) is amended as
p.000015: follows.
p.000015: (2) For subsection (1) substitute—
p.000015: “(1) The Secretary of State may direct a Special Health Authority to exercise any functions of the Secretary of
p.000015: State or any other person which relate to the health service in England and are specified in the direction.
p.000015: (1A) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
p.000015: (1B) Before exercising the power in subsection (1) in relation to a function of a person other than the Secretary of
p.000015: State, the Secretary of State must consult that person.
p.000015: (1C) Regulations may provide that a Special Health Authority specified in the regulations is to have such additional
p.000015: functions in relation to the health service in England as may be so specified.”
p.000015: (3) Omit subsections (2) and (3).
p.000015: (4) For the heading to that section, and for the cross-heading preceding it, substitute “Functions of
p.000015: Special Health Authorities”.
p.000015: (5) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after
p.000015: paragraph (zzc) insert—
p.000015: “(zzd) regulations under section 7(1C),”.
p.000015: (6) In section 273 of that Act (further provision about orders and directions), in subsection (4)(b)—
p.000015: (a) before paragraph (i) insert—
p.000015: “(zi) section 7 about a function of a person other than the Secretary of State,” and
p.000015: (b) in paragraph (i) after “a function” insert “of the Secretary of State”.
p.000015:
p.000015: 22 Exercise of public health functions of the Secretary of State
p.000015: After section 7 of the National Health Service Act 2006 insert—
p.000015:
p.000015: “Exercise of Secretary of State’s public health functions
p.000015: 7A Exercise of Secretary of State’s public health functions
p.000015: (1) The Secretary of State may arrange for a body mentioned in subsection
p.000015: (2) to exercise any of the public health functions of the Secretary of State.
p.000015: (2) Those bodies are—
p.000015: (a) the Board;
p.000015:
p.000015: Health and Social Care Act 2012 (c. 7)
p.000017: 17
p.000017: Part 1 — The health service in England
p.000017:
p.000017: (b) a clinical commissioning group;
p.000017: (c) a local authority (within the meaning of section 2B).
p.000017: (3) The power conferred by subsection (1) includes power to arrange for such a body to exercise any functions of the
p.000017: Secretary of State that are exercisable in connection with those functions (including the powers conferred by section
p.000017: 12).
p.000017: (4) Where the Secretary of State arranges (under subsection (1)) for the Board to exercise a function,
p.000017: the Board may arrange for a clinical commissioning group to exercise that function.
p.000017: (5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a
p.000017: body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or
p.000017: against that body (and no other person).
p.000017: (6) Powers under this section may be exercised on such terms as may be agreed, including terms as to payment.”
p.000017:
p.000017: Further provision about the Board
p.000017:
p.000017: 23 The NHS Commissioning Board: further provision
p.000017: (1) In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert—
p.000017:
p.000017: “CHAPTER A1
p.000017: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000017:
p.000017: Secretary of State’s mandate to the Board
p.000017: 13A Mandate to Board
p.000017: (1) Before the start of each financial year, the Secretary of State must publish and lay before
p.000017: Parliament a document to be known as “the mandate”.
p.000017: (2) The Secretary of State must specify in the mandate—
p.000017: (a) the objectives that the Secretary of State considers the Board should seek to achieve in the
p.000017: exercise of its functions during that financial year and such subsequent financial years as the Secretary of State
...
p.000021: provision of those services.
p.000021: (2) The Board must exercise its functions with a view to securing that the provision of health services is
p.000021: integrated with the provision of health- related services or social care services where it considers that
p.000021: this would—
p.000021: (a) improve the quality of the health services (including the outcomes that are achieved
p.000021: from the provision of those services),
p.000021: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000021: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000021: provision of those services.
p.000021: (3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in
p.000021: pursuance of regulations under section 75 where it considers that this would secure—
p.000021: (a) that health services are provided in an integrated way and that this would have any of the effects
p.000021: mentioned in subsection (1)(a) to (c), or
p.000021: (b) that the provision of health services is integrated with the provision of health-related services or
p.000021: social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).
p.000021: (4) In this section—
p.000021: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000021: services or social care services;
p.000021: “social care services” means services that are provided in pursuance of the social services
p.000021: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000021: 13O Duty to have regard to impact on services in certain areas
p.000021: (1) In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the
p.000021: provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with
p.000021: England.
p.000021: (2) In this section, “commissioning decisions”, in relation to the Board, means decisions about the
p.000021: carrying out of its functions in arranging for the provision of health services.
p.000021:
p.000021: 22 Health and Social
p.000021: Care Act 2012 (c. 7)
p.000021: Part 1 — The health service in England
p.000021:
p.000021: 13P Duty as respects variation in provision of health services
p.000021: The Board must not exercise its functions for the purpose of causing a variation in the proportion of services provided
p.000021: as part of the health service that is provided by persons of a particular description if that description is by
p.000021: reference to—
p.000021: (a) whether the persons in question are in the public or (as the case may be) private sector, or
p.000021: (b) some other aspect of their status.
p.000021:
p.000021: Public involvement
p.000021: 13Q Public involvement and consultation by the Board
p.000021: (1) This section applies in relation to any health services which are, or are to be, provided pursuant to
p.000021: arrangements made by the Board in the exercise of its functions (“commissioning arrangements”).
p.000021: (2) The Board must make arrangements to secure that individuals to whom the services are being or may be
p.000021: provided are involved (whether by being consulted or provided with information or in other ways)—
...
p.000023: (provision of goods, services, etc.) for the purpose of making additional income available for improving the health
p.000023: service.
p.000023: (2) The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any
p.000023: significant extent interfere with the performance by the Board of its functions.
p.000023: 13X Power to make grants etc.
p.000023: (1) The Board may make payments by way of grant or loan to a voluntary organisation which provides or arranges for
p.000023: the provision of services which are similar to the services in respect of which the Board has functions.
p.000023: (2) The payments may be made subject to such terms and conditions as the Board considers appropriate.
p.000023:
p.000023: Health and Social Care Act 2012 (c. 7)
p.000025: 25
p.000025: Part 1 — The health service in England
p.000025: 13Y Board’s incidental powers: further provision
p.000025: The power conferred on the Board by section 2 includes, in particular, power to—
p.000025: (a) enter into agreements,
p.000025: (b) acquire and dispose of property, and
p.000025: (c) accept gifts (including property to be held on trust for the purposes of the Board).
p.000025:
p.000025: Exercise of functions of Board
p.000025: 13Z Exercise of functions
p.000025: (1) This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed
p.000025: provision of any other Act.
p.000025: (2) The Board may arrange for any such function to be exercised by or jointly with—
p.000025: (a) a Special Health Authority,
p.000025: (b) a clinical commissioning group, or
p.000025: (c) such other body as may be prescribed.
p.000025: (3) Regulations may provide that the power in subsection (2) does not apply in relation to a function of a
p.000025: prescribed description.
p.000025: (4) Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body,
p.000025: they may be exercised by a joint committee of the Board and the other body.
p.000025: (5) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be
p.000025: agreed between the Board and the other party to the arrangements.
p.000025: (6) Arrangements made under this section do not affect the liability of the Board for the exercise of any of its
p.000025: functions.
p.000025:
p.000025: Power to confer additional functions
p.000025: 13Z1 Power to confer additional functions on the Board
p.000025: (1) Regulations may provide that the Board is to have such additional functions in relation to the
p.000025: health service as may be specified in the regulations.
p.000025: (2) A function may be specified in regulations under subsection (1) only if the function is connected to another
p.000025: function of the Board.
p.000025:
p.000025: Intervention powers
p.000025: 13Z2 Failure by the Board to discharge any of its functions
p.000025: (1) The Secretary of State may give a direction to the Board if the Secretary of State considers that—
p.000025: (a) the Board—
p.000025: (i) is failing or has failed to discharge any of its functions, or
p.000025:
p.000025: 26 Health and Social
p.000025: Care Act 2012 (c. 7)
p.000025: Part 1 — The health service in England
...
p.000040: provided in an integrated way where it considers that this would—
p.000040: (a) improve the quality of those services (including the outcomes that are achieved from their provision),
p.000040: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000040: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000040: provision of those services.
p.000040: (2) Each clinical commissioning group must exercise its functions with a view to securing that the provision of
p.000040: health services is integrated with the provision of health-related services or social care services where it considers
p.000040: that this would—
p.000040:
p.000040: Health and Social Care Act 2012 (c. 7)
p.000041: 41
p.000041: Part 1 — The health service in England
p.000041:
p.000041: (a) improve the quality of the health services (including the outcomes that are achieved
p.000041: from the provision of those services),
p.000041: (b) reduce inequalities between persons with respect to their ability to access those services, or
p.000041: (c) reduce inequalities between persons with respect to the outcomes achieved for them by the
p.000041: provision of those services.
p.000041: (3) In this section—
p.000041: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000041: services or social care services;
p.000041: “social care services” means services that are provided in pursuance of the social services
p.000041: functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000041:
p.000041: Public involvement
p.000041: 14Z2 Public involvement and consultation by clinical commissioning groups
p.000041: (1) This section applies in relation to any health services which are, or are to be, provided pursuant to
p.000041: arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning
p.000041: arrangements”).
p.000041: (2) The clinical commissioning group must make arrangements to secure that individuals to whom the services are
p.000041: being or may be provided are involved (whether by being consulted or provided with information or in other ways)—
p.000041: (a) in the planning of the commissioning arrangements by the group,
p.000041: (b) in the development and consideration of proposals by the group for changes in the commissioning
p.000041: arrangements where the implementation of the proposals would have an impact on the manner in which the
p.000041: services are delivered to the individuals or the range of health services available to them, and
p.000041: (c) in decisions of the group affecting the operation of the commissioning arrangements where the
p.000041: implementation of the decisions would (if made) have such an impact.
p.000041: (3) The clinical commissioning group must include in its constitution—
p.000041: (a) a description of the arrangements made by it under subsection (2), and
p.000041: (b) a statement of the principles which it will follow in implementing those arrangements.
p.000041: (4) The Board may publish guidance for clinical commissioning groups on the discharge of their functions under this
p.000041: section.
p.000041: (5) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000041: (4).
p.000041:
...
p.000043:
p.000043: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000045: 45
p.000045:
p.000045: Commissioning plans and reports
p.000045: 14Z11 Commissioning plan
p.000045: (1) Before the start of each relevant period, a clinical commissioning group must prepare a plan setting out how it
p.000045: proposes to exercise its functions in that period.
p.000045: (2) In subsection (1), “relevant period”, in relation to a clinical commissioning group, means—
p.000045: (a) the period which —
p.000045: (i) begins on such day during the first financial year of the group as the Board may direct, and
p.000045: (ii) ends at the end of that financial year, and
p.000045: (b) each subsequent financial year.
p.000045: (3) The plan must, in particular, explain how the group proposes to discharge its duties under—
p.000045: (a) sections 14R, 14T and 14Z2, and
p.000045: (b) sections 223H to 223J.
p.000045: (4) The clinical commissioning group must publish the plan.
p.000045: (5) The clinical commissioning group must give a copy of the plan to the Board before the date specified by the
p.000045: Board in a direction.
p.000045: (6) The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board.
p.000045: (7) The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue
p.000045: of this section and sections 14Z12 and 14Z13.
p.000045: (8) A clinical commissioning group must have regard to any guidance published by the Board under subsection
p.000045: (7).
p.000045: (9) In this Chapter, “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, means
p.000045: a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or
p.000045: any part of, the area of the group.
p.000045: 14Z12 Revision of commissioning plans
p.000045: (1) A clinical commissioning group may revise a plan published by it under section 14Z11.
p.000045: (2) If the clinical commissioning group revises the plan in a way which it considers to be significant—
p.000045: (a) the group must publish the revised plan, and
p.000045: (b) subsections (5) and (6) of section 14Z11 apply in relation to the revised plan as they apply in relation to the
p.000045: original plan.
p.000045: (3) If the clinical commissioning group revises the plan in any other way, the group must—
p.000045: (a) publish a document setting out the changes it has made to the plan, and
p.000045: (b) give a copy of the document to the Board and each relevant Health and Wellbeing Board.
p.000045:
p.000045: 46 Health and Social
p.000045: Care Act 2012 (c. 7)
p.000045: Part 1 — The health service in England
p.000045:
p.000045: 14Z13 Consultation about commissioning plans
p.000045: (1) This section applies where a clinical commissioning group is—
p.000045: (a) preparing a plan under section 14Z11, or
p.000045: (b) revising a plan under section 14Z12 in a way which it considers to be significant.
p.000045: (2) The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of
p.000045: section 3.
p.000045: (3) The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising
p.000045: the plan.
p.000045: (4) The clinical commissioning group must, in particular—
p.000045: (a) give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised,
p.000045: and
...
p.000050: (a) a failure to discharge a function includes a failure to discharge it properly, and
p.000050: (b) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board
p.000050: considers to be the interests of the health service.
p.000050:
p.000050: Procedural requirements in connection with certain powers
p.000050: 14Z22 Procedural requirements in connection with certain powers
p.000050: (1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must
p.000050: consult the following persons—
p.000050:
p.000050: Health and Social Care Act 2012 (c. 7)
p.000051: 51
p.000051: Part 1 — The health service in England
p.000051:
p.000051: (a) the clinical commissioning group,
p.000051: (b) relevant local authorities, and
p.000051: (c) any other persons the Board considers it appropriate to consult.
p.000051: (2) For that purpose, the Board must provide those persons with a statement—
p.000051: (a) explaining that it is proposing to exercise the power, and
p.000051: (b) giving its reasons for doing so.
p.000051: (3) After consulting those persons (and before exercising the power), the Board must publish a report containing its
p.000051: response to the consultation.
p.000051: (4) If the Board decides to exercise the power, the report must, in particular, explain its reasons for
p.000051: doing so.
p.000051: (5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the
p.000051: powers conferred by sections 14Z18, 14Z19 and 14Z21.
p.000051: (6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections.
p.000051: (7) For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with,
p.000051: or includes the whole or any part of, the area of the clinical commissioning group.
p.000051:
p.000051: Disclosure of information
p.000051: 14Z23 Permitted disclosures of information
p.000051: (1) A clinical commissioning group may disclose information obtained by it in the exercise of its functions if—
p.000051: (a) the information has previously been lawfully disclosed to the public,
p.000051: (b) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care
p.000051: (Community Health and Standards) Act 2003 (complaints about health care or social services),
p.000051: (c) the disclosure is made in accordance with any enactment or court order,
p.000051: (d) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
p.000051: (e) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have
p.000051: the information for the purpose of exercising functions of that person under any enactment,
p.000051: (f) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group’s
p.000051: functions,
p.000051: (g) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United
p.000051: Kingdom), or
p.000051: (h) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
p.000051: (2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of
p.000051: common law which would otherwise prohibit or restrict the disclosure.
p.000051:
...
p.000057: (3B) Provision by virtue of subsection (3A)(a) may, in particular, describe services by reference to the manner or
p.000057: circumstances in which they are performed.
p.000057: (3C) In the case of an agreement made with two or more persons—
p.000057: (a) regulations making provision under subsection (3A)(a) may require each person to secure that the persons
p.000057: collectively are a member of the clinical commissioning group;
p.000057: (b) regulations making provision under subsection (3A)(b) may make provision as to arrangements for
p.000057: securing that the persons collectively make the appointment;
p.000057: (c) regulations making provision under subsection (3A)(d) may require each person to act as mentioned there.
p.000057: (3D) Regulations making provision under subsection (3A) for the case of an agreement made with two or more persons
p.000057: may make provision as to the effect of a change in the composition of the group of persons involved.
p.000057: (3E) The regulations may require an individual appointed for the purposes of subsection (3A)(b)—
p.000057: (a) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health
p.000057: Service Reform and Health Care Professions Act 2002, and
p.000057: (b) to meet such other conditions as may be prescribed.”
p.000057:
p.000057: Further provision about local authorities’ role in the health service
p.000057:
p.000057: 29 Other health service functions of local authorities under the 2006 Act
p.000057: (1) The National Health Service Act 2006 (c. 41) is amended as follows.
p.000057: (2) In section 111 (dental public health)—
p.000057: (a) in subsection (1) for “A Primary Care Trust” substitute “A local authority”,
p.000057: (b) in subsection (2)—
p.000057: (i) for “Primary Care Trust” (in each place where it occurs) substitute “local authority”, and
p.000057: (ii) in paragraph (b) for “other Primary Care Trusts” substitute “other local authorities”, and
p.000057: (c) after subsection (2) insert—
p.000057: “(3) In this section, “local authority” has the same meaning as in section 2B.”
p.000057: (3) In section 249 (joint working with the prison service) after subsection (4)
p.000057:
p.000057: Health and Social Care Act 2012 (c. 7)
p.000059: 59
p.000059: Part 1 — The health service in England
p.000059: insert—
p.000059: “(4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be
p.000059: treated as an NHS body.”
p.000059:
p.000059: 30 Appointment of directors of public health
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74
p.000059: insert—
p.000059: “73A Appointment of directors of public health
p.000059: (1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have
p.000059: responsibility for —
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies
p.000059: involving a risk to public health,
p.000059: (e) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (f) such other functions relating to public health as may be prescribed.
p.000059: (2) The individual so appointed is to be an officer of the local authority and is to be known as its director of
p.000059: public health.
p.000059: (3) Subsection (4) applies if the Secretary of State—
p.000059: (a) considers that the director has failed or might have failed to discharge (or to discharge properly)
p.000059: the responsibilities of the director under—
p.000059: (i) subsection (1)(b), or
p.000059: (ii) subsection (1)(c) where the arrangements relate to the Secretary of State’s functions under section 2A,
p.000059: and
p.000059: (b) has consulted the local authority.
p.000059: (4) The Secretary of State may direct the local authority to—
p.000059: (a) review how the director has discharged the responsibilities mentioned in subsection (3)(a);
p.000059: (b) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities;
p.000059: (c) consider taking any steps specified in the direction;
p.000059: (d) report to the Secretary of State on the action it has taken in pursuance of a direction given
p.000059: under any of the preceding paragraphs.
p.000059: (5) A local authority may terminate the appointment of its director of public health.
p.000059: (6) Before terminating the appointment of its director of public health, a local authority must consult the
p.000059: Secretary of State.
p.000059:
p.000059: 60 Health and Social
p.000059: Care Act 2012 (c. 7)
p.000059: Part 1 — The health service in England
p.000059:
p.000059: (7) A local authority must have regard to any guidance given by the Secretary of State in relation to its
p.000059: director of public health, including guidance as to appointment and termination of appointment, terms and
p.000059: conditions and management.
p.000059: (8) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 31 Exercise of public health functions of local authorities
p.000059: In Part 3 of the National Health Service Act 2006 after section 73A insert—
p.000059: “73B Exercise of public health functions of local authorities: further provision
p.000059: (1) A local authority must, in the exercise of any functions mentioned in subsection (2), have regard to any
p.000059: document published by the Secretary of State for the purposes of this section.
p.000059: (2) The functions mentioned in this subsection are—
p.000059: (a) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1,
p.000059: (b) the exercise by the authority of its functions by virtue of section 6C(1) or (3),
p.000059: (c) anything done by the authority in pursuance of arrangements under section 7A,
p.000059: (d) the functions of the authority under section 325 of the Criminal Justice Act 2003, and
p.000059: (e) such other functions relating to public health as may be prescribed.
p.000059: (3) The Secretary of State may give guidance to local authorities as to the exercise of any functions mentioned in
p.000059: subsection (2).
p.000059: (4) A document published under subsection (1), and guidance given under subsection (3), may include guidance as to
p.000059: the appointment of officers of the local authority to discharge any functions mentioned in subsection
p.000059: (2), and as to their terms and conditions, management and dismissal.
p.000059: (5) The director of public health for a local authority must prepare an annual report on the health
p.000059: of the people in the area of the local authority.
p.000059: (6) The local authority must publish the report.
p.000059: (7) In this section, “local authority” has the same meaning as in section 2B.”
p.000059:
p.000059: 32 Complaints about exercise of public health functions by local authorities
p.000059: In Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B
p.000059: insert—
p.000059: “73C Complaints about exercise of public health functions by local authorities
p.000059: (1) Regulations may make provision about the handling and consideration of complaints made under the regulations
p.000059: about —
p.000059:
p.000059: Health and Social Care Act 2012 (c. 7)
p.000061: 61
p.000061: Part 1 — The health service in England
p.000061:
p.000061: (a) the exercise by a local authority of any of its public health functions;
p.000061: (b) the exercise by a local authority of its functions by virtue of section 6C(1) or (3);
p.000061: (c) anything done by a local authority in pursuance of arrangements made under section 7A;
p.000061: (d) the exercise by a local authority of any of its other functions—
p.000061: (i) which relate to public health, and
p.000061: (ii) for which its director of public health has responsibility;
p.000061: (e) the provision of services by another person in pursuance of arrangements made by a local authority in
p.000061: the exercise of any function mentioned in paragraphs (a) to (d).
p.000061: (2) The regulations may provide for a complaint to be considered by one or more of the following—
p.000061: (a) the local authority in respect of whose functions the complaint is made;
p.000061: (b) an independent panel established under the regulations;
p.000061: (c) any other person or body.
p.000061: (3) The regulations may provide for a complaint or any matter raised by a complaint—
p.000061: (a) to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the
p.000061: Commissioner to consider whether to investigate the complaint or matter under that Part;
p.000061: (b) to be referred to any other person or body for that person or body to consider whether to take any action
p.000061: otherwise than under the regulations.
p.000061: (4) Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to
p.000061: be treated as satisfying sections 26A and 26B of the Act of 1974.
p.000061: (5) Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health
p.000061: care and social services complaints regulations: supplementary) applies in relation to regulations under
p.000061: this section as it applies in relation to regulations under subsection (1) of section 113 of that Act.
p.000061: (6) In this section, “local authority” has the same meaning as in section 2B.”
p.000061:
p.000061: Abolition of Strategic Health Authorities and Primary Care Trusts
p.000061:
p.000061: 33 Abolition of Strategic Health Authorities
p.000061: (1) The Strategic Health Authorities continued in existence or established under section 13 of the National Health
p.000061: Service Act 2006 are abolished.
p.000061: (2) Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.
p.000061:
p.000061: 34 Abolition of Primary Care Trusts
p.000061: (1) The Primary Care Trusts continued in existence or established under section 18 of the National Health Service
p.000061: Act 2006 are abolished.
p.000061:
p.000061: 62 Health and Social
p.000061: Care Act 2012 (c. 7)
p.000061: Part 1 — The health service in England
p.000061:
p.000061: (2) Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.
p.000061:
p.000061: Functions relating to fluoridation of water
p.000061:
p.000061: 35 Fluoridation of water supplies
p.000061: (1) Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by the Water Act 2003, is amended
p.000061: as follows.
p.000061: (2) In section 87 (fluoridation of water supplies at request of relevant authorities), in subsection (3)(a) for
p.000061: sub-paragraph (i) substitute—
p.000061: “(i) in relation to areas in England, are to the Secretary of State;”.
p.000061: (3) After subsection (3) of that section insert—
p.000061: “(3A) The Secretary of State may make a request under subsection (1) only if the Secretary of State is required to
p.000061: do so by section 88G(2) (following the making of a fluoridation proposal in accordance with section 88B).”
p.000061: (4) In subsection (4) of that section, for paragraph (a) substitute—
p.000061: “(a) in relation to England, such area as the Secretary of State considers appropriate for the
p.000061: purpose of complying with section 88G(2);”.
p.000061: (5) After subsection (7) of that section insert—
p.000061: “(7A) The Secretary of State must, in relation to the terms to be included in any arrangements under this section,
p.000061: consult any local authority whose area includes, coincides with or is wholly or partly within the specified area.
p.000061: (7B) In this section and the following provisions of this Chapter “local authority” means—
p.000061: (a) a county council in England;
p.000061: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000061: council;
p.000061: (c) a London borough council;
p.000061: (d) the Common Council of the City of London.”
p.000061: (6) After subsection (7B) of that section (as inserted by subsection (5) above) insert—
p.000061: “(7C) If the Secretary of State and the Welsh Ministers request a particular water undertaker to enter into
p.000061: arrangements in respect of adjoining areas—
p.000061: (a) they must co-operate with each other so as to secure that the arrangements (taken together) are operable and
p.000061: efficient; and
p.000061: (b) if suitable terms are not agreed for all the arrangements, a combined reference may be made by them
p.000061: under section 87B below to enable the terms of each set of arrangements to be determined so that they are
p.000061: consistent.
p.000061: (7D) If the Secretary of State requests a water undertaker to vary arrangements for an area
p.000061: which adjoins an area in respect of which the Welsh Ministers have made arrangements with the same
p.000061: water
p.000061:
p.000061: Health and Social Care Act 2012 (c. 7)
p.000063: 63
p.000063: Part 1 — The health service in England
p.000063:
p.000063: undertaker, the Secretary of State must co-operate with the Welsh Ministers so as to secure that following the
p.000063: variation the arrangements (taken together) will be operable and efficient.
p.000063: (7E) If the Welsh Ministers request a water undertaker to vary arrangements for an area which adjoins an area in
p.000063: respect of which the Secretary of State has made arrangements with the same water undertaker, the Welsh
p.000063: Ministers must co-operate with the Secretary of State so as to secure that following the variation the arrangements
p.000063: (taken together) will be operable and efficient.
p.000063: (7F) If suitable terms are not agreed for a variation to which subsection (7D) or (7E) applies, a combined reference
p.000063: may be made by the Secretary of State and the Welsh Ministers under section 87B below so that (following the
p.000063: variation) both sets of arrangements are consistent.”
p.000063: (7) Omit subsections (8) to (10) of that section.
p.000063: (8) In subsection (11) of that section for “a relevant authority” substitute “the Welsh Ministers”.
p.000063: (9) In section 87A (target concentration of fluoridation), after subsection (3) insert—
p.000063: “(3A) If the Secretary of State proposes to—
p.000063: (a) make arrangements which provide for the concentration in the specified area (or any part of it) to be lower than
p.000063: the general target concentration, or
p.000063: (b) vary existing arrangements so that they so provide,
p.000063: the Secretary of State shall consult any local authority whose area includes, coincides with or is
p.000063: wholly or partly within the specified area.”
p.000063: (10) In section 87B (fluoridation arrangements: determination of terms), in subsection (2) —
p.000063: (a) for paragraph (a) substitute—
p.000063: “(a) the Secretary of State may—
p.000063: (i) determine the terms of the arrangements as the Secretary of State sees fit; or
p.000063: (ii) refer the matter for determination by such other person as the Secretary of State considers appropriate;
p.000063: and”, and
p.000063: (b) omit paragraph (b).
p.000063: (11) In that section, in subsection (4) for the words from the beginning to “section 87(8)(b) or (10)” substitute
p.000063: “Where a combined reference is made under section 87(7C)(b) or 87(7F)”.
p.000063: (12) In section 87C (fluoridation arrangements: compliance), omit subsection (8).
p.000063: (13) In section 89—
p.000063: (a) in the heading, after “Consultation” insert “:Wales”,
p.000063: (b) in subsections (1) and (4) for “a relevant authority” substitute “the Welsh Ministers”,
p.000063: (c) in subsection (1) for “the appropriate authority” (in each place where it occurs) substitute “the Welsh
p.000063: Ministers”,
p.000063:
p.000063: 64 Health and Social
p.000063: Care Act 2012 (c. 7)
p.000063: Part 1 — The health service in England
p.000063:
p.000063: (d) in subsection (3), in paragraph (a) for “relevant authorities” substitute “the Welsh Ministers”,
p.000063: (e) in subsection (4) for “the appropriate authority so directs” substitute “the Welsh Ministers so direct”, and
p.000063: (f) omit subsection (5).
p.000063: (14) In section 90A (review of fluoridation) after subsection (5) insert—
p.000063: “(5A) The relevant authority must, in exercising its functions under subsection (1)—
p.000063: (a) consult any local authority affected by the arrangements at such times as the relevant authority considers
p.000063: appropriate, and
p.000063: (b) in particular, consult any such local authority before it publishes a report under paragraph (b)
p.000063: of that subsection.”
p.000063:
p.000063: 36 Procedural requirements in connection with fluoridation of water supplies
p.000063: After section 88A of the Water Industry Act 1991 insert—
p.000063: “88B Requirement for fluoridation proposal: England
p.000063: (1) The Secretary of State may not request a water undertaker to enter into arrangements under section 87(1)
p.000063: unless a fluoridation proposal is made to the Secretary of State.
p.000063: (2) A fluoridation proposal is a proposal that the Secretary of State enter into arrangements with one or more water
p.000063: undertakers to increase the fluoride content of the water supplied by the undertaker or undertakers to premises within
p.000063: such area or areas in England as may be specified in the proposal.
p.000063: (3) A fluoridation proposal may be made by one or more local authorities in England.
p.000063: (4) A local authority may not make a fluoridation proposal unless its area includes, coincides with or is wholly or
p.000063: partly within the area, or at least one of the areas, specified in the proposal.
p.000063: (5) In the following provisions of this Chapter, “proposer”, in relation to a fluoridation proposal, means the local
p.000063: authority or authorities which made the proposal.
p.000063: (6) Any reference in the following provisions of this Chapter to a local authority affected by a
p.000063: fluoridation proposal is a reference to a local authority whose area includes, coincides with or is wholly or
p.000063: partly within the area, or at least one of the areas, specified in the proposal.
p.000063: 88C Initial consultation etc. on fluoridation proposal
p.000063: (1) This section applies if a fluoridation proposal is made.
p.000063: (2) The proposer must consult the Secretary of State as to whether the arrangements which would result
p.000063: from implementing the proposal would be operable and efficient.
p.000063: (3) The proposer must consult each water undertaker who supplies water to premises within the area or areas
p.000063: specified in the proposal as to whether the arrangements which would result from implementing the
p.000063:
p.000063: Health and Social Care Act 2012 (c. 7)
p.000065: 65
p.000065: Part 1 — The health service in England
p.000065:
p.000065: proposal, insofar as they might affect the undertaker, would be operable and efficient.
p.000065: (4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter
p.000065: mentioned in that subsection.
p.000065: (5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under
p.000065: subsection (3).
p.000065: (6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the
p.000065: arrangements would not be operable and efficient, no further steps may be taken in relation to the proposal.
p.000065: 88D Additional requirements where other local authorities affected
p.000065: (1) This section applies where—
p.000065: (a) a fluoridation proposal is made,
p.000065: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000065: would be operable and efficient,
p.000065: (c) one or more local authorities other than the proposer are affected by the proposal, and
p.000065: (d) the proposer wishes to take further steps in relation to the proposal.
p.000065: (2) The proposer must notify any other local authority which is affected by the proposal.
p.000065: (3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide
p.000065: whether further steps should be taken in relation to the proposal.
p.000065: (4) The Secretary of State must by regulations—
p.000065: (a) make provision as to the arrangements which must be made for the purposes of subsection (3), and
p.000065: (b) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied
p.000065: before any further steps may be taken in relation to the proposal.
p.000065: 88E Decision on fluoridation proposal
p.000065: (1) This section applies where—
p.000065: (a) a fluoridation proposal is made,
p.000065: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000065: would be operable and efficient,
p.000065: (c) in a case where section 88D applies, the conditions prescribed under subsection (4)(b) of that section are
p.000065: satisfied, and
p.000065: (d) the proposer wishes to take further steps in relation to the proposal.
p.000065: (2) The proposer must comply with such requirements as may be prescribed in regulations made by
p.000065: the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation
p.000065: to the proposal.
p.000065:
p.000065: 66 Health and Social
p.000065: Care Act 2012 (c. 7)
p.000065: Part 1 — The health service in England
p.000065:
p.000065: (3) The proposer may (after any requirements imposed by regulations under subsection (2) have been complied
p.000065: with) modify the proposal.
p.000065: (4) But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to
p.000065: add another area, except in circumstances prescribed in regulations by the Secretary of State.
p.000065: (5) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000065: complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are
p.000065: necessary to implement the proposal.
p.000065: (6) The Secretary of State may by regulations make provision—
p.000065: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000065: (5);
p.000065: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000065: or (5).
p.000065: 88F Decision-making procedure: exercise of functions by committee
p.000065: (1) This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5)
p.000065: (“the fluoridation functions”) except where the proposer is a single local authority and either—
p.000065: (a) no other local authorities are affected by the proposal, or
p.000065: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000065: participate in the exercise of the fluoridation functions.
p.000065: (2) The local authorities affected by the proposal must—
p.000065: (a) arrange for an existing joint committee of the authorities to exercise the fluoridation functions,
p.000065: (b) establish a joint committee of the authorities for that purpose, or
p.000065: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000065: Social Care Act 2012 to exercise the fluoridation functions.
p.000065: (3) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000065: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000065: sub-committee of the Boards to exercise the fluoridation functions.
p.000065: (4) The Secretary of State may by regulations make provision—
p.000065: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000065: prescribed conditions as to its membership;
p.000065: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000065: as to qualification and disqualification for membership and the holding and vacating of office as a member);
p.000065: (c) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with
p.000065: subsection (3);
p.000065: (d) as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and
p.000065: Wellbeing Boards, in exercising the fluoridation functions.
p.000065:
p.000065: Health and Social Care Act 2012 (c. 7)
p.000067: 67
p.000067: Part 1 — The health service in England
...
p.000067: (2) The Secretary of State may require all local authorities affected by the arrangements to make payments to the
p.000067: Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements.
p.000067: (3) The amount to be paid by each of the affected local authorities is to be determined—
p.000067: (a) where a joint committee, or a joint sub-committee of Health and Wellbeing Boards, has exercised the
p.000067: fluoridation functions of the authorities in relation to the proposal which resulted in the arrangements being made
p.000067: and the committee or sub-committee continues to exist at the time when the Secretary of State exercises the
p.000067: power conferred by subsection (2), by that committee or sub-committee;
p.000067: (b) in any other case, by agreement between the local authorities.
p.000067: (4) If the amount to be paid by the affected local authorities is not determined as mentioned in
p.000067: subsection (3), the Secretary of State may—
p.000067: (a) determine the amount to be paid, or
p.000067: (b) refer the matter for determination by such other person as the Secretary of State considers appropriate.
p.000067: (5) The amount determined in accordance with subsection (3) may, at the request of one or more of the affected local
p.000067: authorities, be varied with the agreement of all of them.
p.000067: (6) If the affected local authorities fail to reach agreement for the purposes of subsection (5), the Secretary of
p.000067: State may—
p.000067: (a) determine whether to vary the amount (and, if so, how), or
p.000067: (b) refer the matter for determination by such other person as the Secretary of State considers appropriate.
p.000067: (7) Any reference in this section to a local authority affected by arrangements under section
p.000067: 87(1) is a reference to a local authority whose area includes, coincides with or is wholly or partly within the
p.000067: area specified in the arrangements.
p.000067:
p.000067: 68 Health and Social
p.000067: Care Act 2012 (c. 7)
p.000067: Part 1 — The health service in England
p.000067:
p.000067: 88I Variation or termination of arrangements under section 87(1)
p.000067: (1) The Secretary of State may not request a water undertaker to vary arrangements entered into by the
p.000067: water undertaker under section 87(1) unless a proposal (“a variation proposal”) is made to the Secretary of State for a
p.000067: variation in the arrangements.
p.000067: (2) The Secretary of State may not give notice to a water undertaker under section 87C(7) to terminate
p.000067: arrangements entered into by the water undertaker under section 87(1) unless a proposal (“a termination
p.000067: proposal”) is made to the Secretary of State for the termination of the arrangements.
p.000067: (3) Subsection (1) does not apply in relation to a variation to provide for the concentration of fluoride in the
p.000067: area specified in the arrangements (or any part of it) to be lower than the general target concentration.
p.000067: (4) The Secretary of State may by regulations provide that subsection (1) or
p.000067: (2) does not apply in prescribed circumstances.
p.000067: (5) A variation or termination proposal may be made by one or more of the local authorities affected by the
p.000067: arrangements.
p.000067: (6) The Secretary of State may by regulations provide that, where a termination proposal is made in
p.000067: relation to arrangements under section 87(1), no further termination proposal may be made in relation to the
p.000067: arrangements until the end of such period as may be specified in the regulations.
p.000067: (7) In the following provisions of this Chapter, “proposer”, in relation to a variation or termination
p.000067: proposal, means the local authority or authorities which made the proposal.
p.000067: (8) Any reference in this section and in the following provisions of this Chapter to a local
p.000067: authority affected by a variation or termination proposal is a reference to a local authority whose area
p.000067: includes, coincides with or is wholly or partly within the area specified in the arrangements.
p.000067: (9) In relation to a proposal for the variation of the area specified in arrangements under section
p.000067: 87(1), any reference in this section and in the following provisions of this Chapter to a local authority affected by
p.000067: the proposal also includes a reference to a local authority whose area would include, coincide with or be wholly or
p.000067: partly within the area specified in the arrangements if the variation were made.
p.000067: 88J Initial consultation etc. on variation or termination proposal
p.000067: (1) This section applies if a variation or termination proposal is made.
p.000067: (2) In the case of a variation proposal, the proposer must consult the Secretary of State and the
p.000067: water undertaker who entered into the arrangements as to whether the arrangements as varied in accordance with the
p.000067: proposal would be operable and efficient.
p.000067: (3) In the case of a termination proposal, the proposer must consult the Secretary of State and the water
p.000067: undertaker who entered into the arrangements as to whether it would be reasonably practicable to terminate
p.000067: the arrangements.
p.000067:
p.000067: Health and Social Care Act 2012 (c. 7)
p.000069: 69
p.000069: Part 1 — The health service in England
p.000069:
p.000069: (4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter
p.000069: mentioned in that subsection.
p.000069: (5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under
p.000069: subsection (2) or (3).
p.000069: (6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the
p.000069: arrangements as varied would not be operable and efficient or (as the case may be) that it would not be reasonably
p.000069: practicable to terminate the arrangements, no further steps may be taken in relation to the proposal.
p.000069: 88K Additional requirements where other local authorities affected
p.000069: (1) This section applies where—
p.000069: (a) a variation or termination proposal is made,
p.000069: (b) the Secretary of State is of the opinion that the arrangements as varied would be operable and efficient or (as
p.000069: the case may be) that it would be reasonably practicable to terminate the arrangements,
p.000069: (c) one or more local authorities other than the proposer are affected by the proposal, and
p.000069: (d) the proposer wishes to take further steps in relation to the proposal.
p.000069: (2) The proposer must notify any other local authority which is affected by the proposal.
p.000069: (3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide
p.000069: whether further steps should be taken in relation to the proposal.
p.000069: (4) The duty in subsection (3) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069: (5) The Secretary of State may by regulations provide that the duty in subsection (3) does not apply in
p.000069: prescribed circumstances.
p.000069: (6) The Secretary of State must by regulations—
p.000069: (a) make provision as to the arrangements which must be made for the purposes of subsection (3), and
p.000069: (b) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied
p.000069: before any further steps may be taken in relation to the proposal.
p.000069: 88L Decision on variation or termination proposal
p.000069: (1) This section applies where—
p.000069: (a) a variation or termination proposal is made,
p.000069: (b) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal
p.000069: would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the
p.000069: arrangements,
p.000069: (c) in a case where the duty in section 88K(3) applies, the conditions prescribed under
p.000069: subsection (6)(b) of that section are satisfied, and
p.000069:
p.000069: 70 Health and Social
p.000069: Care Act 2012 (c. 7)
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p.000069:
...
p.000069: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000069: prescribed circumstances.
p.000069: (5) The proposer of a variation proposal may (after any requirements imposed by regulations under
p.000069: subsection (2) have been complied with) modify the proposal.
p.000069: (6) But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be
p.000069: modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the
p.000069: proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a
p.000069: further extension of it.
p.000069: (7) The proposer must (after any requirements imposed by regulations under subsection (2) have been
p.000069: complied with) decide whether to request the Secretary of State to request the water undertaker to vary the
p.000069: arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the
p.000069: arrangements.
p.000069: (8) The Secretary of State may by regulations may make provision—
p.000069: (a) as to factors which the proposer must or may take into account in making the decision mentioned in subsection
p.000069: (7);
p.000069: (b) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2)
p.000069: or (7).
p.000069: 88M Decision-making procedure: exercise of functions by committee
p.000069: (1) This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7) (“the
p.000069: relevant functions”) except where the proposer is a single local authority and either—
p.000069: (a) no other local authorities are affected by the proposal, or
p.000069: (b) no other local authority which is affected by the proposal informs the proposer that it wishes to
p.000069: participate in the exercise of the functions.
p.000069: (2) The local authorities affected by the proposal must—
p.000069: (a) arrange for an existing joint committee of the authorities to exercise the relevant functions,
p.000069: (b) establish a joint committee of the authorities for that purpose, or
p.000069: (c) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and
p.000069: Social Care Act 2012 to exercise the relevant functions.
p.000069: (3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an
p.000069: instrument in writing.
p.000069:
p.000069: Health and Social Care Act 2012 (c. 7)
p.000071: 71
p.000071: Part 1 — The health service in England
p.000071:
p.000071: (4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in
p.000071: prescribed circumstances.
p.000071: (5) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must
p.000071: exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint
p.000071: sub-committee of the Boards to exercise the relevant functions.
p.000071: (6) The Secretary of State may by regulations make provision—
p.000071: (a) for subsection (2)(a) to apply only in relation to a joint committee which meets
p.000071: prescribed conditions as to its membership;
p.000071: (b) as to the membership of a joint committee established under subsection (2)(b) (including provision
p.000071: as to qualification and disqualification for membership and the holding and vacating of office as a member);
...
p.000071: Part 1 — The health service in England
p.000071:
p.000071: (a) the outcome of arrangements made by virtue of subsection (1)(b) is that the affected authorities decide
p.000071: not to propose that the section 87(1) arrangements be maintained, and
p.000071: (b) the Secretary of State is satisfied that any requirements imposed by regulations under subsection (1), as to the
p.000071: arrangements to be made for the purposes mentioned in that subsection, have been met.
p.000071: (3) Subsection (2)(b) does not require the Secretary of State to consider the adequacy of any steps taken for the
p.000071: purposes of complying with any requirement to consult or to ascertain opinion which is imposed by regulations
p.000071: made under subsection (1).
p.000071: (4) The provision that may be made by regulations under subsection (1) (as to the arrangements to be made for
p.000071: the purposes mentioned in that subsection) includes provision corresponding, or similar, to any
p.000071: requirements imposed by or under sections 88K to 88M.”
p.000071:
p.000071: 37 Fluoridation of water supplies: transitional provision
p.000071: (1) In relation to any time on or after the commencement of section 35, any relevant arrangements
p.000071: which have effect immediately before its commencement are to be treated for the purposes of
p.000071: Chapter 4 of Part 3 of the Water Industry Act 1991 as if they were arrangements entered into by the water
p.000071: undertaker with the Secretary of State under section 87(1) of that Act.
p.000071: (2) In subsection (1) “relevant arrangements” means—
p.000071: (a) any arrangements entered into by a water undertaker with a Strategic Health Authority under section 87(1) of the
p.000071: Water Industry Act 1991, and
p.000071: (b) any arrangements which are treated as arrangements falling within paragraph (a) by virtue of
p.000071: section 91 of that Act (as it had effect immediately before the commencement of this section).
p.000071: (3) In its application to arrangements which are treated by virtue of subsection (1) as arrangements entered into by
p.000071: a water undertaker with the Secretary of State under section 87(1) of the Water Industry Act 1991, section 88H of that
p.000071: Act applies as if for subsection (3) there were substituted—
p.000071: “(3) The amount to be paid by each of the affected local authorities is to be determined by agreement between the
p.000071: local authorities.”.
p.000071: (4) Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes) ceases to have effect in
p.000071: relation to arrangements which are (by virtue of subsection (1)) treated as if they were arrangements entered
p.000071: into by a water undertaker with the Secretary of State under section 87(1) of that Act.
p.000071:
p.000071: Health and Social Care Act 2012 (c. 7)
p.000073: 73
p.000073: Part 1 — The health service in England
p.000073: Functions relating to mental health matters
p.000073:
p.000073: 38 Approval functions
p.000073: (1) After section 12 of the Mental Health Act 1983 insert—
p.000073: “12ZA Agreement for exercise of approval function: England
p.000073: (1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary
p.000073: of State to be exercisable by the Secretary of State concurrently—
p.000073: (a) with that other person, and
p.000073: (b) if a requirement under section 12ZB has effect, with the other person by whom the function is
p.000073: exercisable under that requirement.
...
p.000073: may give with respect to the exercise of the approval function.
p.000073: (6) An instruction under subsection (5) may require the other party to cease to exercise the function to
p.000073: such extent as the instruction specifies.
p.000073: (7) The agreement may provide for the Secretary of State to pay compensation to the other party
p.000073: in the event of an instruction such as is mentioned in subsection (6) being given.
p.000073: (8) An instruction under subsection (5) may be given in such form as the Secretary of State may determine.
p.000073: (9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may
p.000073: determine; but that does not apply to an instruction such as is mentioned in subsection (6).
p.000073: (10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and
p.000073: the Secretary of State may make payments to other persons in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZB Requirement to exercise approval functions: England
p.000073: (1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board
p.000073: (“the Board”) or a Special Health
p.000073:
p.000073: 74 Health and Social
p.000073: Care Act 2012 (c. 7)
p.000073: Part 1 — The health service in England
p.000073:
p.000073: Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State
p.000073: concurrently—
p.000073: (a) with the Board or (as the case may be) Special Health Authority, and
p.000073: (b) if an agreement under section 12ZA has effect, with the other person by whom the function is
p.000073: exercisable under that agreement.
p.000073: (2) The Secretary of State may, in particular, require the body concerned to exercise an approval function—
p.000073: (a) in all circumstances or only in specified circumstances;
p.000073: (b) in all areas or only in specified areas.
p.000073: (3) The Secretary of State may require the body concerned to exercise an approval function—
p.000073: (a) for a period specified in the requirement, or
p.000073: (b) for a period determined in accordance with the requirement.
p.000073: (4) Where a requirement under subsection (1) is imposed, the Board or (as the case may be) Special Health
p.000073: Authority must comply with such instructions as the Secretary of State may give with respect to the
p.000073: exercise of the approval function.
p.000073: (5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine.
p.000073: (6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may
p.000073: determine.
p.000073: (7) Where the Board or a Special Health Authority has an approval function by virtue of this section, the
p.000073: function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that
p.000073: Act.
p.000073: (8) The Secretary of State may make payments in connection with the exercise of an approval function by
p.000073: virtue of this section.
p.000073: 12ZC Provision of information for the purposes of section 12ZA or 12ZB
p.000073: (1) A relevant person may provide another person with such information as the relevant person considers
p.000073: necessary or appropriate for or in connection with—
p.000073: (a) the exercise of an approval function; or
p.000073: (b) the exercise by the Secretary of State of the power—
p.000073: (i) to enter into an agreement under section 12ZA;
p.000073: (ii) to impose a requirement under section 12ZB; or
p.000073: (iii) to give an instruction under section 12ZA(5) or 12ZB(4).
p.000073: (2) The relevant persons are—
p.000073: (a) the Secretary of State;
p.000073: (b) a person who is a party to an agreement under section 12ZA; or
p.000073: (c) if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning
p.000073: Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority.
p.000073:
p.000073: Health and Social Care Act 2012 (c. 7)
p.000075: 75
p.000075: Part 1 — The health service in England
p.000075:
p.000075: (3) This section, in so far as it authorises the provision of information by one relevant person to
p.000075: another relevant person, has effect notwithstanding any rule of common law which would otherwise
p.000075: prohibit or restrict the provision.
p.000075: (4) In this section, “information” includes documents and records.”
p.000075: (2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved
p.000075: under section 12 of the Act), after “the Secretary of State” insert “, or by another person by virtue of section 12ZA
p.000075: or 12ZB above,”.
p.000075: (3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert
p.000075: “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to
p.000075: the exercise of those functions”.
p.000075: (4) In section 145(1) of that Act (interpretation), in the definition of “approved clinician”, after “the
p.000075: Secretary of State” insert “or another person by virtue of section 12ZA or 12ZB above”.
p.000075: (5) In each of the following provisions, after “the Secretary of State” insert “, or by another person by virtue of
p.000075: section 12ZA or 12ZB of that Act,”—
p.000075: (a) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the
p.000075: definition of “duly approved”,
...
p.000077: to the National Health Service Reform and Health Care Professions Act 2002.
p.000077:
p.000077: 41 Provision of pocket money for in-patients
p.000077: (1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in- patients) is amended as follows.
p.000077: (2) In subsection (1)—
p.000077: (a) for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
p.000077: (b) for “he thinks fit” substitute “the Welsh Ministers think fit”,
p.000077: (c) for “their” substitute “those persons’”,
p.000077: (d) for “him” substitute “the Welsh Ministers”, and
p.000077: (e) for “they” substitute “those persons”.
p.000077: (3) In subsection (2)—
p.000077: (a) omit “the National Health Service Act 2006 and”, and
p.000077: (b) for “either of those Acts” substitute “that Act”.
p.000077: (4) In section 146 of that Act (application to Scotland), omit “122,”.
p.000077:
p.000077: 42 Transfers to and from special hospitals
p.000077: (1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
p.000077: (2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in
p.000077: subsection (4)—
p.000077: (a) after paragraph (c), insert “or”,
p.000077: (b) omit the “or” following paragraph (d), and
p.000077: (c) omit paragraph (e).
p.000077: (3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit
p.000077: “or under section 123 above”.
p.000077: (4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health
p.000077: Act 1999.
p.000077: (5) This section does not affect—
p.000077: (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before
p.000077: the commencement of this section,
p.000077:
p.000077: 78 Health and Social
p.000077: Care Act 2012 (c. 7)
p.000077: Part 1 — The health service in England
p.000077:
p.000077: (b) that Act in relation to any application, order or direction for admission or removal to a hospital
p.000077: made under that Act before that commencement, or
p.000077: (c) the authority for the retaking of a person who, before that commencement, escapes while
p.000077: being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
p.000077:
p.000077: 43 Independent mental health advocates
p.000077: (1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in
p.000077: subsection (1)—
p.000077: (a) for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
p.000077: (b) at the end insert “for whom the authority is responsible for the purposes of this section”.
p.000077: (2) In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
p.000077: (3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
p.000077: “(4A) A local social services authority is responsible for a qualifying patient if—
p.000077: (a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered
p.000077: establishment in which he is liable to be detained is situated in that authority’s area;
p.000077: (b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the
p.000077: responsible local social services authority within the meaning of section 34(3) above;
p.000077: (c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is
p.000077: situated in that authority’s area;
p.000077: (d) in the case of a qualifying patient falling within subsection (3)—
p.000077: (i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible
p.000077: for him for the purposes of section 130A above, or
p.000077: (ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for
p.000077: the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the
p.000077: purposes of that section.
p.000077: (4B) In subsection (4A)(d) above—
p.000077: (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act
p.000077: 2005;
p.000077: (b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of
p.000077: section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in
p.000077: accordance with that Act;
p.000077: (c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16
p.000077: of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.”
p.000077:
p.000077: Health and Social Care Act 2012 (c. 7)
p.000079: 79
p.000079: Part 1 — The health service in England
p.000079: (4) In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the
p.000079: Mental Health Act 1983, at the appropriate place insert—
p.000079:
p.000079: “Section 130A
p.000079: Making arrangements to enable independent mental health advocates to be available to help qualifying
p.000079: patients”.
p.000079:
p.000079: 44 Patients’ correspondence
p.000079: (1) In section 134 of the Mental Health Act 1983 (patients’ correspondence), in subsection (1)—
p.000079: (a) before “the approved clinician” insert “or”, and
p.000079: (b) omit “or the Secretary of State”.
p.000079: (2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State
p.000079: under section 134(1) of that Act and having effect immediately before the commencement of this section.
p.000079:
p.000079: 45 Notification of hospitals having arrangements for special cases
p.000079: (1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
p.000079: (a) after “the duty of” insert “every clinical commissioning group and of”,
p.000079: (b) omit “every Primary Care Trust and of”,
p.000079: (c) after “the area of the” insert “clinical commissioning group or”,
p.000079: (d) omit “Primary Care Trust or” in the first place it appears,
p.000079: (e) after “available to the” insert “clinical commissioning group or”, and
p.000079: (f) omit “Primary Care Trust or” in the second place it appears.
p.000079: (2) In consequence of the repeals made by this section, in the National Health Service Reform and
p.000079: Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
p.000079:
p.000079: Emergency powers
p.000079:
...
p.000079: (b) in relation to a relevant service provider, means any emergency which might affect the provider (whether
p.000079: by increasing the need for the services that it may provide or in any other way);
p.000079: “relevant service provider” means any body or person providing services in pursuance of service arrangements;
p.000079: “service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or
p.000079: a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.”
p.000079:
p.000079: Health and Social Care Act 2012 (c. 7)
p.000081: 81
p.000081: Part 1 — The health service in England
p.000081: 47 Secretary of State’s emergency powers
p.000081: (1) Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
p.000081: (2) In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it
p.000081: is appropriate to do so”.
p.000081: (3) After subsection (1) insert—
p.000081: “(1A) A direction under this section may be given to—
p.000081: (a) an NHS body other than a Local Health Board;
p.000081: (b) the National Institute for Health and Care Excellence;
p.000081: (c) the Health and Social Care Information Centre;
p.000081: (d) any body or person, other than an NHS body, providing services in pursuance of arrangements made—
p.000081: (i) by the Secretary of State under section 12,
p.000081: (ii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
p.000081: (iii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or
p.000081: 6C(1) or Schedule 1, or
p.000081: (iv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A.”
p.000081: (4) For subsection (2) substitute—
p.000081: “(2) In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be
p.000081: exercised—
p.000081: (a) to give directions to the body about the exercise of any of its functions;
p.000081: (b) to direct the body to cease to exercise any of its functions for a specified period;
p.000081: (c) to direct the body to exercise any of its functions concurrently with another body or person for a specified
p.000081: period;
p.000081: (d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act
p.000081: for a specified period (whether to the exclusion of, or concurrently with, that body or person).
p.000081: (2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be
p.000081: exercised—
p.000081: (a) to give directions to the body or person about the provision of any services that it provides in pursuance
p.000081: of arrangements mentioned in subsection (1A)(d);
p.000081: (b) to direct the body or person to cease to provide any of those services for a specified period;
p.000081: (c) to direct the body or person to provide other services for the purposes of the health service for a specified
p.000081: period.”
p.000081: (5) After subsection (2A) insert—
p.000081: “(2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this
p.000081: section.
p.000081:
p.000081: 82 Health and Social
p.000081: Care Act 2012 (c. 7)
p.000081: Part 1 — The health service in England
p.000081:
p.000081: (2C) The Secretary of State may give directions to the Board about its exercise of any functions that
p.000081: are the subject of a direction under subsection (2B).
p.000081: (2D) In this section, “specified” means specified in the direction.”
p.000081: (6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
p.000081: (7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection
p.000081: (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
p.000081:
p.000081: Miscellaneous
p.000081:
p.000081: 48 New Special Health Authorities
p.000081: (1) After section 28 of the National Health Service Act 2006 (special health authorities) insert—
p.000081: “28A Special Health Authorities: further provision
p.000081: (1) This section applies in relation to an order under section 28 which is made after the coming into force of
p.000081: section 48 of the Health and Social Care Act 2012.
p.000081: (2) The order must include—
p.000081: (a) provision for the abolition of the Special Health Authority on a day specified in the order, and
p.000081: (b) provision as to the transfer of officers, property and liabilities of the Authority on its abolition.
p.000081: (3) The day specified in accordance with subsection (2)(a) must be within the period of 3 years beginning with
p.000081: the day on which the Special Health Authority is established.
p.000081: (4) The power (by virtue of section 273(1)) to vary an order under section 28 includes power to vary the provision
p.000081: mentioned in subsection (2) by—
p.000081: (a) providing for the abolition of the Special Health Authority on a day which is earlier or later than the
p.000081: day for the time being specified in the order;
p.000081: (b) making different provision as to the matters mentioned in subsection (2)(b).
p.000081: (5) If an order is varied to provide for the abolition of the Special Health Authority on a later day, that day must
p.000081: be within the period of 3 years beginning with the day on which the Special Health Authority would (but for the
p.000081: variation) have been abolished.”
p.000081: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after
p.000081: paragraph (zb) insert—
p.000081: “(zc) an order under section 28 which varies such an order as mentioned in section 28A(5),”.
p.000081:
p.000081: Health and Social Care Act 2012 (c. 7)
p.000083: 83
p.000083: Part 1 — The health service in England
p.000083:
p.000083: 49 Primary care services: directions as to exercise of functions
p.000083: (1) After section 98 of the National Health Service Act 2006 insert—
p.000083:
p.000083: “Directions
p.000083: 98A Exercise of functions
p.000083: (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions
p.000083: relating to the provision of primary medical services.
p.000083: (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
p.000083: (3) The Secretary of State may give directions to the Board about its exercise of any functions relating
p.000083: to the provision of primary medical services (including functions which the Board has been directed to
p.000083: exercise under subsection (1)).
p.000083: (4) The Board may direct a clinical commissioning group to exercise any of the Board’s functions relating to
p.000083: the provision of primary medical services.
p.000083: (5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions
p.000083: relating to the provision of primary medical services (including functions which the group has been
p.000083: directed to exercise under subsection (4)).
p.000083: (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
...
p.000083: question, have regard to a report under subsection (8).”
p.000083: (2) After section 114 of that Act insert—
p.000083:
p.000083: “Directions
p.000083: 114A Exercise of functions
p.000083: (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions
p.000083: relating to the provision of primary dental services.
p.000083:
p.000083: 84 Health and Social
p.000083: Care Act 2012 (c. 7)
p.000083: Part 1 — The health service in England
p.000083:
p.000083: (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
p.000083: (3) The Secretary of State may give directions to the Board about its exercise of any functions
p.000083: relating to the provision of primary dental services (including functions which the Board has been directed
p.000083: to exercise under subsection (1)).”
p.000083: (3) After section 125 of that Act insert—
p.000083:
p.000083: “Directions
p.000083: 125A Exercise of functions
p.000083: (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions
p.000083: relating to the provision of primary ophthalmic services.
p.000083: (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
p.000083: (3) The Secretary of State may give directions to the Board about its exercise of any functions
p.000083: relating to the provision of primary ophthalmic services (including functions which the Board has
p.000083: been directed to exercise under subsection (1)).
p.000083: (4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be
p.000083: prescribed to exercise any of the Board’s functions relating to the provision of primary ophthalmic services.
p.000083: (5) The Board may give directions to a clinical commissioning group, a Special Health Authority or
p.000083: such other body as may be prescribed about the exercise by the body of any functions relating to the provision of
p.000083: primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
p.000083: (6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
p.000083: (7) Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the
p.000083: information it has about the provision of the primary ophthalmic services in question, if the Board considers it
p.000083: necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the
p.000083: direction.
p.000083: (8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters
p.000083: arising out of the exercise of the function to which the direction relates.
p.000083: (9) A report under subsection (8) must be made in such form and manner as the Board may specify.
p.000083: (10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in
p.000083: question, have regard to a report under subsection (8).”
p.000083:
p.000083: Health and Social Care Act 2012 (c. 7)
p.000085: 85
p.000085: Part 1 — The health service in England
p.000085: (4) After section 168 of that Act insert—
p.000085: “Directions
p.000085: 168A Exercise of functions
p.000085: (1) The Secretary of State may direct the Board to exercise any of the Secretary of State’s functions
p.000085: relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this
p.000085: Part.
p.000085: (2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
p.000085: (3) The Secretary of State may give directions to the Board about its exercise of any functions relating
p.000085: to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed
p.000085: to exercise under subsection (1)).”
p.000085:
p.000085: 50 Charges in respect of certain public health functions
p.000085: (1) After section 186 of the National Health Service Act 2006 insert—
p.000085: “186A Charges in respect of public health functions
p.000085: (1) The Secretary of State may make charges under this subsection in respect of any step taken under
p.000085: section 2A.
p.000085: (2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an
p.000085: individual, or the taking of any other step in relation to an individual, for the purpose of protecting the
p.000085: individual’s health.
p.000085: (3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate.
p.000085: (4) Regulations may provide for the making and recovery of charges in respect of—
p.000085: (a) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section
p.000085: 6C(1)), and
p.000085: (b) the taking of prescribed steps by a local authority under section 2B.
p.000085: (5) Regulations under subsection (4) may make provision as to the calculation of charges authorised
p.000085: by the regulations, including provision prescribing the amount or the maximum amount that may be charged.
p.000085: (6) Nothing in this section affects any other power conferred by or under this Act to make charges.”
p.000085: (2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after
p.000085: paragraph (zc) insert—
p.000085: “(zd) regulations under section 186A(4),”.
p.000085:
p.000086: 86
p.000086:
p.000086: 51 Pharmaceutical services expenditure
p.000086: Health and Social Care Act 2012 (c. 7) Part 1 — The health service in England
p.000086: (1) After section 165 of the National Health Service Act 2006 insert—
p.000086: “165A Pharmaceutical remuneration: further provision
p.000086: (1) The Board must provide the Secretary of State with such information relating to the remuneration paid by the
p.000086: Board to persons providing pharmaceutical services or local pharmaceutical services as the Secretary of
p.000086: State may require.
p.000086: (2) The information must be provided in such form, and at such time or within such period, as the Secretary of State
p.000086: may require.
p.000086: (3) Schedule 12A makes further provision about pharmaceutical remuneration.”
p.000086: (2) After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.
p.000086:
p.000086: 52 Secretary of State’s duty to keep health service functions under review
p.000086: In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert—
p.000086:
p.000086: “Duty to keep under review
p.000086: 247C Secretary of State’s duty to keep health service functions under review
...
p.000086: (d) the National Institute for Health and Care Excellence;
p.000086: (e) the Health and Social Care Information Centre;
p.000086: (f) Special Health Authorities.
p.000086: (3) The Secretary of State may include in an annual report under section 247D the Secretary of State’s views on the
p.000086: effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health
p.000086: service.”
p.000086:
p.000086: 53 Secretary of State’s annual report
p.000086: After section 247C of the National Health Service Act 2006 insert—
p.000086:
p.000086: “Annual report
p.000086: 247D Secretary of State’s annual report
p.000086: (1) The Secretary of State must publish an annual report on the performance of the health
p.000086: service in England.
p.000086:
p.000086: Health and Social Care Act 2012 (c. 7)
p.000087: 87
p.000087: Part 1 — The health service in England
p.000087:
p.000087: (2) The report must include the Secretary of State’s assessment of the effectiveness of the discharge of
p.000087: the duties under sections 1A and 1C.
p.000087: (3) The Secretary of State must lay any report prepared under this section before Parliament.”
p.000087:
p.000087: 54 Certification of death
p.000087: (1) Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification, certification and
p.000087: registration of deaths) is amended as follows.
p.000087: (2) In section 19 (medical examiners)—
p.000087: (a) in subsection (1) for “Primary Care Trusts” substitute “Local authorities”,
p.000087: (b) in subsection (2) for “Trust” (in each place where it occurs) substitute “local authority”, and
p.000087: (c) in subsection (5) for “a Primary Care Trust” substitute “a local authority”.
p.000087: (3) In section 20 (medical certificate of cause of death), in subsection (5) for “Primary Care Trust”
p.000087: substitute “local authority”.
p.000087:
p.000087: 55 Amendments related to Part 1 and transitional provision
p.000087: (1) Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the
p.000087: provision made by this Part) has effect.
p.000087: (2) Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has
p.000087: effect.
p.000087: (3) Schedule 6 (which makes transitional provision in connection with this Part) has effect.
p.000087:
p.000087: PART 2
p.000087: FURTHER PROVISION ABOUT PUBLIC HEALTH
p.000087:
p.000087: 56 Abolition of Health Protection Agency
p.000087: (1) The Health Protection Agency is abolished.
p.000087: (2) The Health Protection Agency Act 2004 is repealed.
p.000087: (3) Subsection (2) does not apply to—
p.000087: (a) paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and
p.000087: (b) section 11(1) of that Act so far as it gives effect to that paragraph.
p.000087: (4) Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has
p.000087: effect.
p.000087:
p.000087: 57 Functions in relation to biological substances
p.000087: (1) The appropriate authority must—
p.000087: (a) devise standards for the purity and potency of biological substances,
p.000087:
p.000087: 88 Health and Social
p.000087: Care Act 2012 (c. 7)
p.000087: Part 2 — Further provision about public health
p.000087:
p.000087: (b) prepare, approve, hold and distribute standard preparations of biological substances,
p.000087: (c) design appropriate procedures for testing biological substances,
p.000087: (d) provide or arrange for the provision of laboratory facilities for testing biological substances,
p.000087: (e) carry out tests on biological substances,
p.000087: (f) examine records kept in connection with the manufacture and quality control of biological substances,
p.000087: (g) report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
p.000087: (h) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such
p.000087: information or training, as it considers appropriate in connection with the functions mentioned in paragraphs
p.000087: (a) to (g).
p.000087: (2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or
p.000087: conducive to, the exercise of any of its functions under this section.
p.000087: (3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate
p.000087: authority under this section (whether or not in relation to the United Kingdom).
p.000087: (4) The appropriate authority must co-operate with the person in the exercise of those functions.
p.000087: (5) The person must co-operate with the appropriate authority in the exercise of the authority’s functions under
p.000087: this section.
p.000087: (6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000087: it under this section.
p.000087: (7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of
p.000087: State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them
p.000087: acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
p.000087: (8) In this section “biological substance” means a substance whose purity or potency cannot, in the
p.000087: opinion of the Secretary of State, be adequately tested by chemical means.
p.000087:
p.000087: 58 Radiation protection functions
p.000087: (1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the
p.000087: public from radiation (whether ionising or not).
p.000087: (2) The steps that may be taken under subsection (1) include—
p.000087: (a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing
p.000087: knowledge and understanding;
p.000087: (b) providing technical services (whether in laboratories or otherwise);
p.000087: (c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
p.000087: (d) providing training;
p.000087: (e) providing information and advice;
p.000087: (f) making available the services of any person or any facilities.
p.000087:
p.000087: Health and Social Care Act 2012 (c. 7)
p.000089: 89
p.000089: Part 2 — Further provision about public health
p.000089:
p.000089: (3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or
p.000089: conducive to, the exercise of any of its functions under this section.
p.000089: (4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by
p.000089: it under this section.
p.000089: (5) In the exercise of any function under this section which relates to a matter in respect of which a Health
p.000089: and Safety body has a function, the appropriate authority must—
p.000089: (a) consult the body, and
p.000089: (b) have regard to the body’s policies.
p.000089: (6) Each of the following is a Health and Safety body—
p.000089: (a) the Health and Safety Executive;
p.000089: (b) the Health and Safety Executive for Northern Ireland.
p.000089: (7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
p.000089: (8) In this section, “the appropriate authority” means—
p.000089: (a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the
p.000089: meaning of the Scotland Act 1998);
p.000089: (b) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent
p.000089: that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998);
p.000089: (c) the Secretary of State in any other case.
p.000089: (9) In this section, “the public” means—
p.000089: (a) where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
p.000089: (b) where the appropriate authority is the Scottish Ministers, the public in Scotland, and
p.000089: (c) where the appropriate authority is the Department of Health, Social Services and Public Safety in
p.000089: Northern Ireland, the public in Northern Ireland.
p.000089: (10) This section does not apply in relation to England.
p.000089:
p.000089: 59 Repeal of AIDS (Control) Act 1987
p.000089: (1) The AIDS (Control) Act 1987 is repealed.
p.000089: (2) The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is revoked.
p.000089:
p.000089: 60 Co-operation with bodies exercising functions in relation to public health
p.000089: (1) In Part 13 of the National Health Service Act 2006, before section 248 (and the
p.000089:
p.000090: 90
p.000090:
p.000090: cross-heading preceding it) insert—
p.000090: Health and Social Care Act 2012 (c. 7) Part 2 — Further provision about public health
p.000090:
p.000090: “Co-operation in relation to public health functions
p.000090: 247B Co-operation in relation to public health functions
p.000090: (1) This section applies to any body or other person that exercises functions similar to those of the Secretary of
p.000090: State under section 2A (whether or not in relation to the United Kingdom).
p.000090: (2) The Secretary of State must co-operate with the body or other person in the exercise by it of those functions.
p.000090: (3) If the Secretary of State acts under subsection (2) at the request of the body or other person, the
p.000090: Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so.
p.000090: (4) The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State
p.000090: of functions under section 2A.
p.000090: (5) If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose
p.000090: charges in respect of any costs incurred by it in doing so.”
...
p.000091: who (taken together) have a broad range of professional expertise in—
p.000091: (a) the prevention, diagnosis or treatment of illness (within the meaning of the National Health Service Act 2006),
p.000091: and
p.000091: (b) the protection or improvement of public health.
p.000091: (9) Monitor must exercise its functions in a manner consistent with the performance by the
p.000091: Secretary of State of the duty under section 1(1) of the National Health Service Act 2006 (promotion of
p.000091: comprehensive health service).
p.000091: (10) Monitor must not exercise its functions for the purpose of causing a variation in the proportion of health care
p.000091: services provided for the purposes of the NHS that is provided by persons of a particular description if that
p.000091: description is by reference to—
p.000091: (a) whether the persons in question are in the public or (as the case may be) private sector, or
p.000091:
p.000091: 92 Health and Social
p.000091: Care Act 2012 (c. 7)
p.000091: Part 3 — Regulation of health and adult social care services
p.000091: Chapter 1 — Monitor
p.000091:
p.000091: (b) some other aspect of their status.
p.000091: (11) In this section—
p.000091: “health-related services” means services that may have an effect on people’s health but are not health care
p.000091: services or social care services;
p.000091: “social care services” means services that are provided in pursuance of the social services functions of local
p.000091: authorities (within the meaning of the Local Authority Social Services Act 1970).
p.000091:
p.000091: 63 Secretary of State’s guidance on duty under section 62(9)
p.000091: (1) The Secretary of State may, for the purpose of assisting Monitor to comply with its duty under section 62(9),
p.000091: publish guidance on—
p.000091: (a) the objectives specified in the mandate published under section 13A of the National Health Service Act 2006
p.000091: which the Secretary of State considers to be relevant to Monitor’s exercise of its functions, and
p.000091: (b) the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its
p.000091: functions.
p.000091: (2) In exercising its functions, Monitor must have regard to guidance under subsection (1).
p.000091: (3) Where the Secretary of State publishes guidance under subsection (1), the Secretary of State must lay
p.000091: a copy of the published guidance before Parliament.
p.000091: (4) The Secretary of State—
p.000091: (a) may revise guidance under subsection (1), and
p.000091: (b) if the Secretary of State does so, must publish the guidance as revised and lay it before Parliament.
p.000091:
p.000091: 64 General duties: supplementary
p.000091: (1) This section applies for the purposes of this Part.
p.000091: (2) “Anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or
p.000091: distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or
p.000091: reducing the effects (or potential effects) of the behaviour.
p.000091: (3) “Health care” means all forms of health care provided for individuals, whether relating to physical or mental
p.000091: health, with a reference in this Part to health care services being read accordingly; and for the purposes of this Part
...
p.000091: provision for those purposes in accordance with that Act.
p.000091: (6) Nothing in section 62 requires Monitor to do anything in relation to the supply to persons who provide health
p.000091: care services of goods that are to be provided as part of those services.
p.000091:
p.000091: Health and Social Care Act 2012 (c. 7)
p.000093: 93
p.000093: Part 3 — Regulation of health and adult social care services
p.000093: Chapter 1 — Monitor
p.000093:
p.000093: 65 Power to give Monitor functions relating to adult social care services
p.000093: (1) Regulations may provide for specified functions of Monitor also to be exercisable in relation to adult
p.000093: social care services.
p.000093: (2) Any regulations under this section must apply in relation to England only.
p.000093: (3) The regulations may amend this Part.
p.000093: (4) “Adult social care”—
p.000093: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000093: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar
p.000093: circumstances, are in need of such care or other assistance, but
p.000093: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of
p.000093: Education, Children’s Services and Skills is the registration authority under section 5 of the Care
p.000093: Standards Act 2000.
p.000093:
p.000093: 66 Matters to have regard to in exercise of functions
p.000093: (1) In exercising its functions, Monitor must have regard, in particular, to the need to maintain the safety of
p.000093: people who use health care services.
p.000093: (2) Monitor must, in exercising its functions, also have regard to the following matters in so far as
p.000093: they are consistent with the matter referred to in subsection (1)—
p.000093: (a) the desirability of securing continuous improvement in the quality of health care services provided for the
p.000093: purposes of the NHS and in the efficiency of their provision,
p.000093: (b) the need for commissioners of health care services for the purposes of the NHS to ensure that the provision of
p.000093: access to the services for those purposes operates fairly,
p.000093: (c) the need for commissioners of health care services for the purposes of the NHS to ensure that people who
p.000093: require health care services for those purposes are provided with access to them,
p.000093: (d) the need for commissioners of health care services for the purposes of the NHS to make the best use of resources
p.000093: when doing so,
p.000093: (e) the desirability of persons who provide health care services for the purposes of the NHS co-operating
p.000093: with each other in order to improve the quality of health care services provided for those purposes,
p.000093: (f) the need to promote research into matters relevant to the NHS by persons who provide health care
p.000093: services for the purposes of the NHS,
...
p.000108: (2) Different standard conditions may be determined for different descriptions of licences.
p.000108: (3) For the purposes of subsection (2) a description of licences may, in particular, be framed wholly or partly by
p.000108: reference to—
p.000108: (a) the nature of the licence holder,
p.000108: (b) the services provided under the licence, or
p.000108: (c) the areas in which those services are provided.
p.000108: (4) But different standard conditions must not be determined for different descriptions of licences to the
p.000108: extent that the description is framed by reference to the nature of the licence holder unless Monitor considers that at
p.000108: least one of requirements 1 and 2 is met.
p.000108: (5) Requirement 1 is that—
p.000108: (a) the standard conditions in question relate to the governance of licence holders, and
p.000108: (b) it is necessary to determine different standard conditions in order to take account of differences in the status
p.000108: of different licence holders.
p.000108: (6) Requirement 2 is that it is necessary to determine different standard conditions for the purpose of ensuring
p.000108: that the burdens to which different licence holders are subject as a result of holding a licence are broadly
p.000108: consistent.
p.000108: (7) Before determining the first set of the standard conditions Monitor must consult the persons
p.000108: mentioned in subsection (8) on the conditions it is proposing to determine (“the draft standard conditions”).
p.000108: (8) Those persons are—
p.000108:
p.000108: Health and Social Care Act 2012 (c. 7)
p.000108: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000109: 109
p.000109:
p.000109: (a) the Secretary of State,
p.000109: (b) the NHS Commissioning Board Authority,
p.000109: (c) every Primary Care Trust,
p.000109: (d) the Care Quality Commission, and
p.000109: (e) such other persons as are likely to be affected by the inclusion of the conditions in licences under
p.000109: this Chapter as Monitor considers appropriate.
p.000109: (9) Monitor must also publish the draft standard conditions.
p.000109: (10) The Secretary of State may direct Monitor not to determine that the standard conditions will be the draft
p.000109: standard conditions.
p.000109: (11) If, at the time Monitor discharges the function under subsection (7), the day specified by the Secretary of
p.000109: State for the purposes of section 14A of the National Health Service Act 2006 has passed or section 9 or 181
p.000109: has come into force—
p.000109: (a) in the case of section 14A of the National Health Service Act 2006, the reference in subsection (8)(c) to every
p.000109: Primary Care Trust is to be read as a reference to every clinical commissioning group;
p.000109: (b) in the case of section 9, the reference in subsection (8)(b) to the NHS Commissioning Board Authority is to
p.000109: be read as a reference to the National Health Service Commissioning Board;
p.000109: (c) in the case of section 181, the reference in subsection (8)(d) to the Care Quality Commission is to be read
p.000109: as including a reference to its Healthwatch England committee.
p.000109:
p.000109: 95 Special conditions
p.000109: (1) Monitor may—
p.000109: (a) with the consent of the applicant, include a special condition in a licence under this Chapter, and
p.000109: (b) with the consent of the licence holder, modify a special condition of a licence.
p.000109: (2) Before including a special condition or making such modifications Monitor must give notice to—
p.000109: (a) the applicant or the licence holder (as the case may be),
p.000109: (b) the Secretary of State,
p.000109: (c) the National Health Service Commissioning Board,
p.000109: (d) such clinical commissioning groups as are likely to be affected by the proposed inclusion or modifications, and
p.000109: (e) the Care Quality Commission and its Healthwatch England committee.
p.000109: (3) Monitor must also publish the notice under subsection (2).
p.000109: (4) The notice under subsection (2) must—
p.000109: (a) state that Monitor proposes to include the special condition or make the modifications and set out its or their
p.000109: proposed effect,
p.000109: (b) set out Monitor’s reasons for the proposal, and
p.000109: (c) specify the period (“the notice period”) within which representations with respect to the proposal may be made
p.000109: to Monitor.
p.000109:
p.000110: 110
p.000110: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000110: Chapter 3 — Licensing
p.000110:
...
p.000116: and
p.000116: (c) in paragraph 8(10)—
p.000116: (i) the applicant or licence holder concerned or (as the case may be) relevant licence holders,
p.000116: (ii) Monitor,
p.000116: (iii) the National Health Service Commissioning Board, and
p.000116: (iv) such clinical commissioning groups as are likely to be affected by the proposal concerned.
p.000116: (6) In investigating the question under subsection (2)(a) or (4)(a) the Competition Commission must have regard to—
p.000116: (a) the matters in respect of which Monitor has duties under section 62, and
p.000116: (b) the matters to which Monitor must have regard by virtue of section 66.
p.000116: (7) Where the standard conditions applicable to all licences or (as the case may be) to licences of a particular
p.000116: description are modified pursuant to a reference made under subsection (4), Monitor—
p.000116: (a) may also make such incidental or consequential modifications as it considers necessary or expedient of
p.000116: any other conditions of a licence which is affected by the modifications,
p.000116: (b) must make (as nearly as may be) the same modifications of those conditions for the purposes of their
p.000116: inclusion in all licences or (as the case may be) licences of that description granted after that time, and
p.000116: (c) must publish any modifications made under this subsection.
p.000116: (8) In this section, a reference to modifying a condition includes a reference to amending, omitting or
p.000116: adding a condition.
p.000116:
p.000116: 102 Modification of conditions by order under other enactments
p.000116: (1) This section applies where the Office of Fair Trading, Competition Commission or Secretary of
p.000116: State (the “relevant authority”) makes a relevant order.
p.000116: (2) A relevant order may modify—
p.000116: (a) the conditions of a particular licence, or
p.000116: (b) the standard conditions applicable to all licences under this Chapter or to licences of a particular
p.000116: description.
p.000116: (3) The modifications which may be made by a relevant order are those which the relevant authority considers
p.000116: necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.
p.000116: (4) In this section “relevant order” means—
p.000116: (a) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the
p.000116: Enterprise Act 2002 where one or more of the
p.000116:
p.000116: Health and Social Care Act 2012 (c. 7)
p.000116: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000117: 117
p.000117:
p.000117: enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care
p.000117: services for the purposes of the NHS;
p.000117: (b) an order under any of those provisions of that Act where one or more of the enterprises which will or may cease
p.000117: to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS;
p.000117: (c) an order under section 160 or 161 of that Act where the feature, or combination of features, of
p.000117: the market in the United Kingdom for goods or services which prevents, restricts or distorts competition
p.000117: relates to—
p.000117: (i) the commissioning by the National Health Service Commissioning Board or a clinical
p.000117: commissioning group of health care services for the purposes of the NHS, or
p.000117: (ii) the provision of those services.
p.000117: (5) The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other
p.000117: part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter.
p.000117: (6) Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be)
p.000117: to licences of a particular description under this section, the relevant authority—
p.000117: (a) may, after consultation with Monitor, make such incidental or consequential modifications as
p.000117: the relevant authority considers necessary or expedient of any other conditions of any licence which is
p.000117: affected by the modifications,
p.000117: (b) must also make (as nearly as may be) the same modifications of those conditions for the purposes of their
p.000117: inclusion in all licences or (as the case may be) licences of that description granted after that time, and
p.000117: (c) must publish any modifications it makes under paragraph (b).
p.000117: (7) Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have
p.000117: the same meaning in that subsection as in that Part.
p.000117: (8) In this section, a reference to modifying a condition includes a reference to amending, omitting or
p.000117: adding a condition.
p.000117:
p.000117: 103 Standard condition as to transparency of certain criteria
p.000117: (1) The standard conditions applicable to any licence under this Chapter must include a condition
p.000117: requiring the licence holder to—
p.000117: (a) set transparent eligibility and selection criteria, and
p.000117: (b) apply those criteria in a transparent way to persons who, having a choice of persons from whom
p.000117: to receive health care services for the purposes of the NHS, choose to receive them from the licence holder.
p.000117: (2) “Eligibility and selection criteria”, in relation to a licence holder, means criteria for determining—
p.000117: (a) whether a person is eligible, or is to be selected, to receive health care services provided by the licence
p.000117: holder for the purposes of the NHS, and
p.000117: (b) if the person is selected, the manner in which the services are provided to the person.
p.000117:
p.000118: 118
p.000118: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000118: Chapter 3 — Licensing
...
p.000125: 125
p.000125:
p.000125: (6) The national tariff may also provide for rules for determining, where a health care service is specified in more
p.000125: than one way under subsection (1)(a) or in more than one way in rules provided for under subsection (4)(b),
p.000125: which specification of the service is to apply in any particular case or cases of any particular description.
p.000125: (7) The national tariff may include guidance as to—
p.000125: (a) the application of the method specified under subsection (1)(d),
p.000125: (b) the application of rules provided for under subsection (2), (4)(b) or (6),
p.000125: (c) the discharge of the duty imposed by subsection (3), or
p.000125: (d) the application of variations specified under subsection (4)(a),
p.000125: and a commissioner of a health care service for the purposes of the NHS must have regard to guidance under this
p.000125: subsection.
p.000125: (8) Different methods may be specified under subsection (1)(b) for different descriptions of health care
p.000125: service.
p.000125: (9) The national tariff may, in the case of a specified health care service or health care services of a
p.000125: specified description, specify different national prices or different variations under subsection (4)(a) in
p.000125: relation to different descriptions of provider.
p.000125: (10) A description for the purposes of subsection (9) may not be framed by reference to—
p.000125: (a) whether the provider is in the public or (as the case may be) private sector, or
p.000125: (b) some other aspect of the status of the provider.
p.000125: (11) The national tariff may not specify a national price for a health care service provided pursuant to the public
p.000125: health functions of the Secretary of State, or of a local authority, under the National Health Service Act 2006.
p.000125: (12) The national tariff has effect for such period as is specified in the national tariff (or, where a new edition
p.000125: of the national tariff takes effect before the end of that period, until that new edition takes effect).
p.000125: (13) In exercising its functions under this Chapter, Monitor must (in addition to the matters specified in section
p.000125: 66) have regard to the objectives and requirements for the time being specified in the mandate published under section
p.000125: 13A of the National Health Service Act 2006.
p.000125:
p.000125: 117 The national tariff: further provision
p.000125: (1) The ways in which a health care service may be specified in the national tariff under section 116(1)(a), or in
p.000125: rules provided for in the national tariff under section 116(4)(b), include in particular—
p.000125: (a) specifying it by reference to its components,
p.000125: (b) specifying it as a service (a “bundle”) that comprises two or more health care services which together
p.000125: constitute a form of treatment,
p.000125: (c) specifying it as a service in a group of standardised services.
p.000125: (2) In the case of a service specified in the national tariff under section 116(1)(a), the national tariff must—
p.000125: (a) if the service is specified in accordance with subsection (1)(a), specify a national price for each component of
p.000125: the service;
p.000125:
p.000126: 126
p.000126: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000126: Chapter 4 — Pricing
p.000126:
p.000126: (b) if it is specified in accordance with subsection (1)(b), specify a national price for the bundle;
...
p.000149: this Part or may be limited to notices of a particular description.
p.000149: (5) Monitor must publish such requirements as it imposes under subsection (3).
p.000149:
p.000149: 150 Interpretation, transitional provision and consequential amendments
p.000149: (1) In this Part—
p.000149:
p.000150: 150
p.000150: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000150: Chapter 7 — Miscellaneous and general
p.000150:
p.000150: “anti-competitive behaviour” has the meaning given in section 64 and references to preventing anti-competitive
p.000150: behaviour are to be read in accordance with subsection (2) of that section;
p.000150: “commissioner”, in relation to a health care service, means the person who arranges for the provision of the
p.000150: service (and “commission” is to be construed accordingly);
p.000150: “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act
p.000150: 1978);
p.000150: “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);
p.000150: “financial year” means a period of 12 months ending with 31 March; “health care” and “health care service” each have
p.000150: the meaning given in
p.000150: section 64;
p.000150: “the NHS” has the meaning given in that section; “prescribed” means prescribed in regulations; “service” includes
p.000150: facility.
p.000150: (2) Until section 9 comes into force, the references in this Part to the National Health Service
p.000150: Commissioning Board (other than the reference in section 94(11)(b)) are to be read as references to the
p.000150: NHS Commissioning Board Authority.
p.000150: (3) Until the day specified by Secretary of State for the purposes of section 14A of the National Health Service Act
p.000150: 2006, the references in this Part to a clinical commissioning group (other than the reference in section 94(11)(a)) are
p.000150: to be read as references to a Primary Care Trust.
p.000150: (4) Until section 181 comes into force, the following provisions in this Part are to be read as if the words
p.000150: “and its Healthwatch England committee” were omitted—
p.000150: (a) section 83(4)(c);
p.000150: (b) section 84(5)(a)(iii);
p.000150: (c) section 95(2)(e);
p.000150: (d) section 100(2)(e).
p.000150: (5) Schedule 13 (which contains minor and consequential amendments) has effect.
p.000150: PART 4
p.000150: NHS FOUNDATION TRUSTS & NHS TRUSTS
p.000150:
p.000150: Governance and management
p.000150:
p.000150: 151 Governors
p.000150: (1) In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have
p.000150: governors)—
p.000150: (a) in sub-paragraph (1), for “a board of governors” substitute “a council of governors”, and
p.000150: (b) in sub-paragraphs (2), (3) and (4), for “the board” substitute “the council”.
p.000150: (2) Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be
p.000150: appointed by PCT).
p.000150:
p.000150: Health and Social Care Act 2012 (c. 7)
p.000150: Part 4 — NHS foundation trusts & NHS trusts
p.000151: 151
p.000151:
p.000151: (3) For paragraph 9(7) of that Schedule (partnership organisations) substitute— “(7) Any organisation specified
p.000151: in the constitution for the purposes of
p.000151: this sub-paragraph may appoint one or more members of the council
...
p.000169: whom the commissioner arranges for the provision of services under this Act with respect to their ability to access
p.000169: services so provided, and
p.000169: (c) such other matters as may be specified in relation to NHS foundation trusts in guidance published by
p.000169: the regulator.
p.000169: (5) The regulator may revise guidance under subsection (4)(c) and, if it does so, must publish the
p.000169: guidance as revised.
p.000169: (6) Before publishing guidance under subsection (4)(c) or (5), the regulator must obtain the approval of—
p.000169: (a) the Secretary of State;
p.000169: (b) the Board.
p.000169: (7) The Board must make arrangements for facilitating agreement between commissioners in determining the services
p.000169: provided by the trust under this Act to which the objective set out in subsection (1) is to apply.
p.000169: (8) Where commissioners fail to reach agreement in pursuance of arrangements under subsection
p.000169: (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as
p.000169: applying to the commissioners concerned, is to be regarded as discharged).
p.000169: (9) In this section—
p.000169: “commissioners” means the persons to which the trust provides services under this Act, and
p.000169: “health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the
p.000169: provision of services that are provided as part of the health service.”
p.000169: (2) If, at any time before section 9 comes into force, Monitor obtains the approval of the NHS Commissioning
p.000169: Board Authority to publish guidance under section 65DA(4)(c) or (5) of the National Health Service Act 2006, that
p.000169: approval
p.000169:
p.000170: 170
p.000170: Health and Social Care Act 2012 (c. 7)
p.000170: Part 4 — NHS foundation trusts & NHS trusts
p.000170:
p.000170: is to be treated for the purposes of subsection (6)(b) of that section as approval obtained from the National Health
p.000170: Service Commissioning Board.
p.000170:
p.000170: 176 Procedure etc.
p.000170: (1) In section 65F of the National Health Service Act 2006 (administrator’s draft report), in subsection (2)—
p.000170: (a) before paragraph (a) insert—
p.000170: “(za) the Board,”, and
p.000170: (b) omit paragraph (a) (but not the following “and”).
p.000170: (2) At the end of that section insert—
p.000170: “(4) For the purposes of this section in its application to the case of an NHS foundation trust, the references to
p.000170: the Secretary of State are to be read as references to the regulator.
p.000170: (5) In the case of an NHS foundation trust, the administrator may not provide the draft report to the
p.000170: regulator under subsection (1)—
p.000170: (a) without having obtained from each commissioner a statement that the commissioner considers that the
p.000170: recommendation in the draft report would achieve the objective set out in section 65DA, or
p.000170: (b) where the administrator does not obtain a statement to that effect from one or more commissioners
p.000170: (other than the Board), without having obtained a statement to that effect from the Board.
p.000170: (6) Where the Board decides not to provide to the administrator a statement to that effect, the Board
p.000170: must—
p.000170: (a) give a notice of the reasons for its decision to the administrator and to the regulator;
p.000170: (b) publish the notice;
...
p.000179: (b) the payment of remuneration and allowances to members.”
p.000179: (4) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading
p.000179: insert—
p.000179:
p.000179: “Healthwatch England and Local Healthwatch organisations
p.000179: 45A Functions to be exercised by Healthwatch England
p.000179: (1) The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England
p.000179: committee to exercise the functions on its behalf.
p.000179: (2) The function in this subsection is to provide Local Healthwatch organisations with general advice and
p.000179: assistance in relation to—
p.000179: (a) the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act
p.000179: 2007 (local care services);
p.000179: (b) the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see
p.000179: section 222(2B) of that Act);
p.000179: (c) the carrying-on of activities specified in section 221(2) of that Act.
p.000179:
p.000180: 180
p.000180: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000180: Chapter 1 — Public involvement
p.000180:
p.000180: (3) The function in this subsection is a power to make recommendations of a general nature to English local
p.000180: authorities about the making of arrangements under section 221(1) of that Act.
p.000180: (4) The function in this subsection is a power, where the Healthwatch England committee is of the
p.000180: opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an
p.000180: English local authority’s area, to give the authority concerned written notice of its opinion.
p.000180: (5) The function in this subsection is to provide the persons mentioned in subsection (6) with information and
p.000180: advice on—
p.000180: (a) the views of people who use health or social care services and of other members of the public on their needs for
p.000180: and experiences of health and social care services, and
p.000180: (b) the views of Local Healthwatch organisations and of other persons on the standard of provision of health
p.000180: and social care services and on whether or how the standard could or should be improved.
p.000180: (6) The persons referred to in subsection (5) are—
p.000180: (a) the Secretary of State;
p.000180: (b) the National Health Service Commissioning Board;
p.000180: (c) Monitor;
p.000180: (d) English local authorities.
p.000180: (7) A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of
p.000180: its response or proposed response to the advice.
p.000180: (8) The Healthwatch England committee may provide the Commission with information and advice on the matters
p.000180: mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its
p.000180: response or proposed response to the advice.
p.000180: (9) The Commission must publish details of arrangements it makes under subsection (1) (including details of payments
p.000180: of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a
p.000180: discharge of the duty imposed by this subsection.
p.000180: (10) In performing functions under this section, the Healthwatch England committee must have regard to such aspects
p.000180: of government policy as the Secretary of State may direct.
...
p.000182: Commission.”
p.000182: (4) After that paragraph insert—
p.000182: “(e) providing advice and information about access to local care services and about choices that may be made
p.000182: with respect to aspects of those services;
p.000182: (f) reaching views on the matters mentioned in subsection (3) and making those views known to the
p.000182: Healthwatch England committee of the Care Quality Commission;
p.000182: (g) making recommendations to that committee to advise the Commission about special reviews or investigations
p.000182: to conduct
p.000182:
p.000182: Health and Social Care Act 2012 (c. 7)
p.000182: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000183: 183
p.000183:
p.000183: (or, where the circumstances justify doing so, making such recommendations direct to the Commission);
p.000183: (h) making recommendations to that committee to publish reports under section 45C(3) of the Health and Social
p.000183: Care Act 2008 about particular matters; and
p.000183: (i) giving that committee such assistance as it may require to enable it to carry out its functions
p.000183: effectively, efficiently and economically.”
p.000183: (5) In subsection (3), after “(2)(b)” insert “and (f)”.
p.000183: (6) After that subsection insert—
p.000183: “(3A) A person to whom views are made known or reports or recommendations are made
p.000183: under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports
p.000183: or recommendations.”
p.000183: (7) After subsection (3A) insert—
p.000183: “(3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation
p.000183: to its area is in force at any one time.”
p.000183: (8) In subsection (6), after the definition of “local care services” insert— ““local people”, in relation to a local
p.000183: authority, means—
p.000183: (a) people who live in the local authority’s area,
p.000183: (b) people to whom care services are being or may be provided in that area,
p.000183: (c) people from that area to whom care services are being provided in any place, and
p.000183: who are (taken together) representative of the people mentioned in paragraphs (a) to (c);”.
p.000183: (9) In the title to section 221, omit “: local involvement networks”.
p.000183: (10) For the cross-heading preceding that section substitute “Local arrangements”.
p.000183: (11) After section 45C of the Health and Social Care Act 2008 (inserted by section 181(4)), insert—
p.000183: “45D Granting licence to use trade mark
p.000183: (1) The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the
p.000183: carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement
p.000183: in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.
p.000183: (2) A licence under this section may not provide for the grant of a sub- licence by the licensee other than a
p.000183: sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying- on of
p.000183: activities under Local Healthwatch arrangements.
p.000183: (3) In this section—
p.000183: “Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public
p.000183: Involvement in Health Act 2007,
p.000183:
p.000184: 184
p.000184: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000184: Chapter 1 — Public involvement
p.000184:
p.000184: “Local Healthwatch contractor” has the meaning given by section 223 of that Act, and
p.000184: “registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.”
p.000184:
p.000184: 183 Local authority arrangements
p.000184: (1) Section 222 of the Local Government and Public Involvement in Health Act 2007 (arrangements under section 221 of
p.000184: that Act) is amended as follows.
p.000184: (2) For subsection (2) substitute—
p.000184: “(2) The arrangements must be made with a body corporate which—
p.000184: (a) is a social enterprise, and
p.000184: (b) satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
p.000184: (2A) For so long as the arrangements are in force, the body with which they are made—
p.000184: (a) has the function of carrying on in A’s area the activities specified in section 221(2), and
p.000184: (b) is to be known as the “Local Healthwatch organisation” for A’s area.
p.000184: (2B) But the arrangements may authorise the Local Healthwatch organisation to make, in
p.000184: pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other
p.000184: than A) for that person—
p.000184: (a) to assist the organisation in carrying on in A’s area some or all of the activities, or
p.000184: (b) (subject to provision made under section 223(2)(e)) to carry on in A’s area some (but not all) of
p.000184: the activities on the organisation’s behalf.”
p.000184: (3) In subsection (3), for the words from the beginning to “who is not” substitute “None of the following is capable
p.000184: of being a Local Healthwatch organisation”.
p.000184: (4) For subsection (4) substitute—
p.000184: “(4) The arrangements must secure the result that Local Healthwatch arrangements will not be made with a
p.000184: body of a description specified in subsection (3) or with the National Health Service Commissioning Board.”
p.000184: (5) For subsection (5) substitute—
p.000184: “(5) The arrangements may (in particular) make provision as respects co- operation between the Local Healthwatch
p.000184: organisation for the area and one or more other Local Healthwatch organisations.”
p.000184: (6) After subsection (7) insert—
p.000184: “(7A) A must exercise its functions under this Part so as to secure that the arrangements—
p.000184: (a) operate effectively, and
p.000184: (b) represent value for money.
p.000184:
p.000184: Health and Social Care Act 2012 (c. 7)
p.000184: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000185: 185
p.000185:
p.000185: (7B) A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A).”
p.000185: (7) For subsection (8) substitute—
p.000185: “(8) For the purposes of this section, a body is a social enterprise if—
p.000185: (a) a person might reasonably consider that it acts for the benefit of the community in England, and
p.000185: (b) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State.
p.000185: (9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be
p.000185: treated as being, or as not being, activities which a person might reasonably consider to be activities
p.000185: carried on for the benefit of the community in England.
p.000185: (10) In subsections (8) and (9), “community” includes a section of the community; and regulations made by
p.000185: the Secretary of State may make provision about what does, does not or may constitute a section of the community.”
p.000185: (8) For the title to section 222 substitute “Local Healthwatch organisations”.
p.000185: (9) After section 222 insert—
p.000185: “222A Local authority arrangements: conflicts of interest
p.000185: (1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued
p.000185: by the Secretary of State.
p.000185: (2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in
p.000185: exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch
p.000185: arrangements, to have regard to any conflicts guidance issued by the Secretary of State.
p.000185: (3) In this section, “conflicts guidance” means guidance about managing conflicts between—
p.000185: (a) the making of arrangements under section 221(1), and
p.000185: (b) the carrying-on of the activities specified in section 221(2).
p.000185: (4) In this section, “Local Healthwatch arrangements” has the meaning given by section 222.”
p.000185:
p.000185: 184 Local arrangements: power to make further provision
p.000185: (1) Section 223 of the Local Government and Public Involvement in Health Act 2007 (power to make further provision
p.000185: about local authority arrangements) is amended as follows.
p.000185: (2) In subsection (1), for “require prescribed provision to be included in local involvement network
p.000185: arrangements” substitute “include prescribed provision”.
p.000185: (3) After that subsection insert—
p.000185: “(1A) The Secretary of State may make regulations which provide that local authority arrangements must require Local
p.000185: Healthwatch arrangements to include prescribed provision.”
p.000185:
p.000186: 186
p.000186: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000186: Chapter 1 — Public involvement
p.000186:
p.000186: (4) In subsection (2)—
p.000186: (a) for “must require local involvement network arrangements to include” substitute “must include or (as the
p.000186: case may be) must require Local Healthwatch arrangements to include”,
p.000186: (b) in paragraphs (a), (c) and (d), for “a local involvement network” substitute “a Local Healthwatch
p.000186: organisation or a Local Healthwatch contractor”, and
p.000186: (c) after paragraph (d) insert “;
p.000186: (e) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry
p.000186: on on a Local Healthwatch organisation’s behalf;
p.000186: (f) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section
p.000186: 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a
p.000186: sub-licence;
p.000186: (g) prescribed provision relating to the use by a Local Healthwatch organisation or a Local
p.000186: Healthwatch contractor of the trade mark to which a licence under that section relates;
p.000186: (h) prescribed provision relating to the infringement of the trade mark to which a licence under that section
p.000186: relates;
p.000186: (i) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to
p.000186: act with a view to securing that its Local Healthwatch contractors (taken together) are representative of—
p.000186: (i) people who live in the local authority’s area,
p.000186: (ii) people to whom care services are being or may be provided in that area, and
p.000186: (iii) people from that area to whom care services are being provided in any place.”
p.000186: (5) After subsection (2) insert—
p.000186: “(2A) The provision which may be prescribed in relation to a Local Healthwatch contractor
p.000186: includes provision that relates to the contractor—
p.000186: (a) only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in
p.000186: section 221(2);
p.000186: (b) only in so far as it carries on such activities on the organisation’s behalf.
p.000186: (2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch
p.000186: contractor, which applies to all those descriptions subject to specified exceptions or which applies only to
p.000186: such of those descriptions as are prescribed.”
p.000186: (6) In subsection (3)—
p.000186: (a) before the definition of “a local involvement network” insert— ““care services” has the meaning given by section
p.000186: 221;”,
p.000186: (b) omit the definition of “a local involvement network”,
p.000186: (c) for the definition of “local involvement network arrangements”
p.000186:
p.000186: Health and Social Care Act 2012 (c. 7)
p.000186: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000187: 187
p.000187:
p.000187:
p.000187: substitute—
p.000187:
p.000187: ““Local Healthwatch arrangements” has the meaning given by section 222;”,
p.000187: (d) after that definition insert—
p.000187: ““Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the
p.000187: organisation makes Local Healthwatch arrangements;”, and
p.000187: (e) after the definition of “prescribed provision” insert “;
p.000187: “trade mark”, and “use” and “infringement” in relation to a trade mark, each have the same meaning as in the
p.000187: Trade Marks Act 1994.”
p.000187:
p.000187: 185 Independent advocacy services
p.000187: (1) After section 223 of the Local Government and Public Involvement in Health Act 2007 insert—
p.000187: “223A Independent advocacy services
p.000187: (1) Each local authority must make such arrangements as it considers appropriate for the provision of
p.000187: independent advocacy services in relation to its area.
p.000187: (2) In this section, “independent advocacy services” means services providing assistance (by way of
p.000187: representation or otherwise) to persons making or intending to make—
p.000187: (a) a complaint under a procedure operated by a health service body or independent provider;
p.000187: (b) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003;
p.000187: (c) a complaint to the Health Service Commissioner for England;
p.000187: (d) a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body;
p.000187: (e) a complaint under section 73C(1) of the National Health Service Act 2006;
p.000187: (f) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be
p.000187: the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or
p.000187: (g) a complaint of such description as the Secretary of State may by regulations prescribe which relates to the
p.000187: provision of services as part of the health service and—
p.000187: (i) is made under a procedure of a description prescribed in the regulations, or
p.000187: (ii) gives rise, or may give rise, to proceedings of a description prescribed in the regulations.
p.000187: (3) Each local authority may make such other arrangements as it considers appropriate for the provision of services
p.000187: in relation to its area providing assistance to individuals in connection with complaints relating to the provision of
p.000187: services as part of the health service.
p.000187:
p.000188: 188
p.000188: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000188: Chapter 1 — Public involvement
p.000188:
p.000188: (4) Arrangements under this section may not provide for a person to make arrangements for the provision of
p.000188: services by a Local Healthwatch organisation.
p.000188: (5) In making arrangements under this section, a local authority must have regard to the principle that the
p.000188: provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far
p.000188: as practicable, be independent of any person who is—
p.000188: (a) the subject of a relevant complaint; or
p.000188: (b) involved in investigating or adjudicating on such a complaint.
p.000188: (6) A local authority may make payments to—
p.000188: (a) a person providing services under arrangements under this section;
p.000188: (b) a person arranging for the provision of services in pursuance of arrangements under this section;
p.000188: (c) a person providing services under arrangements made in pursuance of arrangements under this section.
p.000188: (7) The Secretary of State may by regulations make provision requiring a person providing services under
p.000188: arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the
p.000188: risk of a claim in negligence arising out of the provision of the services.
p.000188: (8) The Secretary of State may give directions to a local authority about the exercise of its functions under this
p.000188: section.
p.000188: (9) A direction under subsection (8) may be varied or revoked.
p.000188: (10) In this section—
p.000188: “the health service” has the same meaning as in the National Health Service Act 2006;
p.000188: “health service body” means—
p.000188: (a) in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is
p.000188: subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales)
p.000188: Act 2005);
p.000188: “independent provider” means—
p.000188: (a) in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993,
p.000188: is subject to investigation by the Health Service Commissioner for England;
p.000188: (b) in relation to Wales, a person who is an independent provider in Wales (within the meaning of
p.000188: the Public Services Ombudsman (Wales) Act 2005);
p.000188: “Welsh health body” means—
p.000188: (a) a Local Health Board,
p.000188: (b) an NHS trust managing a hospital or other establishment or facility in Wales,
p.000188:
p.000188: Health and Social Care Act 2012 (c. 7)
p.000188: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000189: 189
p.000189:
p.000189: (c) a Special Health Authority not discharging functions only or mainly in England,
p.000189: (d) an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),
p.000189: (e) a family health service provider in Wales (within the meaning of that Act), or
p.000189: (f) a person with functions conferred under section 113(2) of the Health and Social Care (Community Health and
p.000189: Standards) Act 2003.”
p.000189: (2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the
p.000189: provision of independent advocacy arrangements).
p.000189: (3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for
p.000189: “section 248 of the National Health Service Act 2006” substitute “section 223A of the Local Government and Public
p.000189: Involvement in Health Act 2007”.
p.000189: (4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection
p.000189: (10)(e), for “section 248 of the National Health Service Act 2006 (c. 41)” substitute “section 223A of the
p.000189: Local Government and Public Involvement in Health Act 2007”.
p.000189:
p.000189: 186 Requests, rights of entry and referrals
p.000189: (1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to
p.000189: respond to requests for information etc.) is amended as follows.
p.000189: (2) In subsection (1), in paragraphs (a) and (b), for “a local involvement network” substitute “a Local
p.000189: Healthwatch organisation or a Local Healthwatch contractor”.
p.000189: (3) For subsection (3) substitute—
...
p.000190: “Local Healthwatch arrangements” has the meaning given by section 222;
p.000190: “Local Healthwatch contractor” has the meaning given by section 223.”
p.000190: (10) Omit subsection (6).
p.000190: (11) For the title to that section substitute “Duties of services-providers to allow entry by Local Healthwatch
p.000190: organisations or contractors”.
p.000190: (12) Section 226 of that Act (referrals of social care matters) is amended as follows.
p.000190: (13) In subsections (1) and (5), for “a local involvement network” substitute “a Local Healthwatch organisation or a
p.000190: Local Healthwatch contractor”.
p.000190: (14) For subsection (7) substitute—
p.000190: “(7) For the purposes of this section, something is done by a Local Healthwatch organisation if it is
p.000190: done by that organisation in the carrying-on, under arrangements made under section 221(1), of
p.000190: activities specified in section 221(2).
p.000190: (7A) For the purposes of this section, something is done by a Local Healthwatch contractor if it is done
p.000190: by that contractor in the carrying- on, under Local Healthwatch arrangements, of activities specified in section
p.000190: 221(2).”
p.000190: (15) In subsection (8), before the definition of “overview and scrutiny committee” insert—
p.000190: ““Local Healthwatch arrangements” has the meaning given by section 222;
p.000190: “Local Healthwatch contractor” has the meaning given by section 223;”.
p.000190: (16) For the title to that section substitute “Referrals of social care matters”.
p.000190:
p.000190: 187 Annual reports
p.000190: (1) Section 227 of the Local Government and Public Involvement in Health Act 2007 (annual reports) is amended as
p.000190: follows.
p.000190: (2) In subsection (2), omit “by a local authority with another person (“H”)”.
p.000190: (3) In that subsection, in paragraph (a)—
p.000190: (a) in sub-paragraph (i)—
p.000190: (i) omit “, for each local involvement network,”,
p.000190:
p.000190: Health and Social Care Act 2012 (c. 7)
p.000190: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000191: 191
p.000191:
p.000191: (ii) for “the network”, in the first place it appears, substitute “the Local Healthwatch organisation”,
p.000191: (iii) for “the network”, in the second place it appears, substitute “the organisation”,
p.000191: (iv) after “carried on” insert “under the arrangements or arrangements made”,
p.000191: (b) omit sub-paragraph (ii), and
p.000191: (c) omit sub-paragraph (iii) and the preceding “and”.
p.000191: (4) In subsection (3)—
p.000191: (a) after paragraph (a) insert “and”,
p.000191: (b) in paragraph (b)—
p.000191: (i) omit the words from “, if it is” to “(2)(a)(ii)),”, and
p.000191: (ii) in sub-paragraph (i), for “H in respect of the network” substitute “the Local Healthwatch organisation in its
p.000191: capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”, and
p.000191: (c) omit paragraph (c) and the preceding “and”.
p.000191: (5) In subsection (4)—
p.000191: (a) after paragraph (a) insert—
p.000191: “(aa) the National Health Service Commissioning Board; (ab) each clinical commissioning group, whose area or any
p.000191: part of whose area falls within the area of the local authority;”;
p.000191: (b) after paragraph (ca) insert—
p.000191: “(cb) the Healthwatch England committee of the Care Quality Commission;”, and
p.000191: (c) omit paragraph (d) (but not the following “and”).
p.000191: (6) In subsection (5)—
p.000191: (a) in paragraph (a)—
p.000191: (i) omit the words from the beginning to “(2)(a)(ii)),”,
p.000191: (ii) for “the network” substitute “the Local Healthwatch organisation”, and
p.000191: (iii) after “carried on” insert “under the arrangements made under section 221(1) or arrangements made”, and
p.000191: (b) omit paragraph (b) and the “and” preceding it.
p.000191: (7) Omit subsections (6) to (8).
p.000191: (8) In subsection (9), after the definition of “financial year” insert—
p.000191: ““Local Healthwatch contractor” has the meaning given by section 223;”.
p.000191: (9) For the title to section 227 substitute “Local Healthwatch organisations: annual reports”.
p.000191:
p.000191: 188 Transitional arrangements
p.000191: (1) This section applies where arrangements made under section 221 of the Local Government and Public
p.000191: Involvement in Health Act 2007 before the
p.000191:
p.000192: 192
p.000192: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000192: Chapter 1 — Public involvement
p.000192:
p.000192: commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that
p.000192: commencement.
p.000192: (2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local
p.000192: authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation
p.000192: for the authority’s area.
p.000192: (3) A scheme under this section may make provision for rights and liabilities relating to an individual’s
p.000192: contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision
p.000192: in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
p.000192: (4) A scheme under this section may provide for the transfer of property, rights or liabilities—
p.000192: (a) whether or not they would otherwise be capable of being transferred;
p.000192: (b) irrespective of any requirement for consent that would otherwise apply.
p.000192: (5) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or
p.000192: liabilities transferred.
p.000192: (6) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of
p.000192: or in connection with anything transferred to be—
p.000192: (a) treated as done by or in relation to the transferee or its employees;
p.000192: (b) continued by or in relation to the transferee or its employees.
p.000192: (7) A scheme under this section may in particular make provision about continuation of legal
p.000192: proceedings.
p.000192: (8) A scheme under this section may include provision requiring the local authority to pay compensation
p.000192: to the transferor; and for that purpose the scheme may—
p.000192: (a) impose a duty on the local authority to determine the amount of the compensation;
p.000192: (b) confer power on the Secretary of State to do so.
p.000192: (9) A scheme under this section may include supplementary, incidental and consequential provision.
p.000192: (10) Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional
p.000192: arrangements).
p.000192:
p.000192: 189 Consequential provision
p.000192: (1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by
p.000192: paragraph 2 of Schedule 13) insert—
p.000192: “(bl) Local Healthwatch organisations, as regards the carrying-on of activities specified in section
p.000192: 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);”.
p.000192: (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert—
p.000192: “Director of a Local Healthwatch organisation.”
p.000192:
p.000192: Health and Social Care Act 2012 (c. 7)
p.000192: Part 5 — Public involvement and local government Chapter 1 — Public involvement
p.000193: 193
p.000193:
p.000193: (3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place
p.000193: insert—
p.000193: “Director of a Local Healthwatch organisation.”
p.000193: (4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph
p.000193: 35D insert—
p.000193: “35E A Local Healthwatch organisation, in respect of information held in connection with—
p.000193: (a) arrangements made under section 221(1) of the Local Government and Public Involvement in Health
p.000193: Act 2007, or
p.000193: (b) arrangements made in pursuance of arrangements made under section 221(1) of that Act.”
p.000193: (5) In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration
p.000193: provisions: consultation requirements), in subsection (8), for subsection (e) substitute—
p.000193: “(e) a Local Healthwatch organisation;”.
p.000193: (6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have
p.000193: regard)—
p.000193: (a) in subsection (1)(c)—
p.000193: (i) for “local involvement networks” substitute “Local Healthwatch organisations or Local
p.000193: Healthwatch contractors”, and
p.000193: (ii) omit “in their areas”; and
p.000193: (b) for subsection (3) substitute—
p.000193: “(3) In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the
p.000193: Local Government and Public Involvement in Health Act 2007.”
p.000193:
p.000193: CHAPTER 2
p.000193: LOCAL GOVERNMENT
p.000193:
p.000193: Scrutiny functions of local authorities
p.000193:
p.000193: 190 Scrutiny functions of local authorities
p.000193: (1) Section 244 of the National Health Service Act 2006 is amended as follows.
p.000193: (2) In subsection (2)—
p.000193: (a) omit “an overview and scrutiny committee of”,
p.000193: (b) for “the committee” (in each place where it occurs) substitute “the authority”,
p.000193: (c) for “local NHS bodies” (in each place where it occurs) substitute “relevant NHS bodies or relevant
p.000193: health service providers”,
p.000193: (d) for “local NHS body” (in each place where it occurs except paragraph (f)) substitute “relevant NHS body or
p.000193: relevant health service provider”,
p.000193: (e) omit the words in brackets in paragraph (c), and
p.000193: (f) in subsection (f) for “any officer of a local NHS body” substitute “any member or employee of a relevant
p.000193: NHS body, or a relevant health
p.000193:
p.000194: 194
p.000194: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000194: Chapter 2 — Local government
p.000194:
p.000194: service provider or member or employee of a relevant health service provider,”.
p.000194: (3) After subsection (2) insert—
p.000194: “(2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant
p.000194: NHS bodies or relevant health service providers must consult the authority, the regulations may also make
p.000194: provision—
p.000194: (a) as to circumstances in which the authority may refer any of those matters to the Secretary of
p.000194: State, the regulator or the Board;
p.000194: (b) conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to
p.000194: the Secretary of State by virtue of regulations under paragraph (a);
p.000194: (c) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so
p.000194: referred;
p.000194: (d) conferring powers on the Board to give directions to a clinical commissioning group in relation to a
p.000194: matter referred to the Board by virtue of regulations under paragraph (a);
p.000194: (e) conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by
p.000194: virtue of regulations under paragraph (c) or (d).
p.000194: (2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to
p.000194: require the person to whom the direction is given—
p.000194: (a) to consult (or consult further) with the authority on the matter in question;
p.000194: (b) to determine the matter in a particular way;
p.000194: (c) to take, or not to take, any other steps in relation to the matter.
p.000194: (2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the
p.000194: Secretary of State, the regulator or the Board, the regulations may also provide for any provision of section 101 of
p.000194: the Local Government Act 1972—
p.000194: (a) not to apply in relation to the discharge by the authority of that function, or
p.000194: (b) to apply in relation to its discharge with such modifications as may be prescribed.
p.000194: (2ZD) Any functions conferred on a local authority by regulations under this section are not to be the
p.000194: responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the
p.000194: Local Government Act 2000).
p.000194: (2ZE) Regulations under this section may authorise a local authority to arrange for its functions under the
p.000194: regulations to be discharged by an overview and scrutiny committee of the authority.”
p.000194: (4) For subsection (3) substitute—
p.000194: “(3) For the purposes of subsections (2) and (2ZA)—
p.000194: “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body,
p.000194: other than a Special
p.000194:
p.000194: Health and Social Care Act 2012 (c. 7)
p.000194: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000195: 195
p.000195:
p.000195: Health Authority, which is prescribed for those purposes in relation to the authority;
p.000195: “relevant health service provider”, in relation to an authority to which this section applies, means a body or person
p.000195: which—
p.000195: (a) provides services in pursuance of arrangements made—
p.000195: (i) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
p.000195: (ii) by a local authority for the purpose of the exercise of its functions under or by virtue of
p.000195: section 2B or 6C(1) or Schedule 1, or
p.000195: (iii) by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and
p.000195: (b) is prescribed, or is of a description prescribed, for those purposes in relation to the authority.”
p.000195: (5) After subsection (3) insert—
p.000195: “(3A) In subsection (2)(f) “member”—
p.000195: (a) in relation to a clinical commissioning group, includes a person who is not a member of the group but
p.000195: is a member of a committee or sub-committee of it;
p.000195: (b) in relation to a relevant health service provider which is a body corporate, includes a person who is not a
p.000195: member of the body but is a director of it;
p.000195: (c) in relation to an NHS trust, means a director of the trust;
p.000195: (d) in relation to an NHS foundation trust, means a director or governor of the trust.
p.000195: (3B) For the purposes of subsection (2)(f)—
p.000195: (a) a member of a body which is a member of a clinical commissioning group or relevant health
p.000195: service provider is to be treated as a member of the group or (as the case may be) relevant health service
p.000195: provider, and
p.000195: (b) an employee of a body which is a member of a clinical commissioning group or relevant health service
p.000195: provider is to be treated as an employee of the group or (as the case may be) relevant health service provider.”
p.000195: (6) In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.
p.000195: (7) For the heading to section 244 substitute “Review and scrutiny by local authorities”.
p.000195: (8) For the title to Chapter 3 of Part 12 of the National Health Service Act 2006 substitute “Review and scrutiny by
p.000195: local authorities”.
p.000195: (9) Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act 2011, section 21 of the Local
p.000195: Government Act 2000 (overview and scrutiny committees) is amended as follows—
p.000195: (a) in subsection (2)(f)—
p.000195: (i) omit “section 244 of the National Health Service Act 2006 or”,
p.000195: (ii) for “either of those sections” substitute “that section”,
p.000195: (iii) for “the Act concerned” substitute “that Act”, and
p.000195: (iv) for “the section concerned” substitute “that section”,
p.000195:
p.000196: 196
p.000196: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000196: Chapter 2 — Local government
p.000196:
p.000196: (b) omit subsection (2A)(a) and (b), and
p.000196: (c) in subsection (4) at the end insert “or under section 244(2ZE) of the National Health Service Act
p.000196: 2006.”
p.000196: (10) In section 9F of the Local Government Act 2000 (overview and scrutiny committees) (as inserted by
p.000196: Schedule 2 to the Localism Act 2011)—
p.000196: (a) omit subsection (2)(f),
p.000196: (b) omit subsection (3)(a) and (b), and
p.000196: (c) in subsection (5) omit the word “or” following paragraph (a) and after paragraph (b) insert “or
p.000196: (c) any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the
p.000196: National Health Service Act 2006 (local authority scrutiny of health matters).”
p.000196:
p.000196: 191 Amendments consequential on section 190
p.000196: (1) Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is
p.000196: amended in accordance with subsections (2) to (4).
p.000196: (2) In subsection (1) for the words from “relevant functions” to the end of the subsection substitute
p.000196: ““relevant functions” means functions under regulations under section 244(2) to (2ZC).”
p.000196: (3) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the
p.000196: committee” substitute “relevant functions exercisable by the committee”.
p.000196: (4) After subsection (4) insert—
p.000196: “(4A) The regulations may provide that, where a relevant function in relation to a local authority is
p.000196: exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations
p.000196: under subsection (2)(a), the local authority may not discharge the function.”
p.000196: (5) Omit subsections (5) and (9).
p.000196: (6) Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9).
p.000196: (7) In subsection (1) for the words from “a meeting of” to the end of the subsection substitute “a meeting of a
p.000196: local authority or a committee of a local authority which is an item relating to functions of the authority under
p.000196: regulations under section 244(2) to (2ZC).”
p.000196: (8) In subsection (5) for “overview and scrutiny committees” substitute “local authorities”.
p.000196: (9) In the heading to section 246 for “Overview and scrutiny committees” substitute “Business relating
p.000196: to functions of local authorities by virtue of section 244”.
p.000196: (10) Section 247 of that Act (application to the City of London) is amended in accordance with
p.000196: subsections (11) to (13).
p.000196:
p.000196: Health and Social Care Act 2012 (c. 7)
p.000196: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000197: 197
p.000197:
p.000197: (11) For subsection (1) substitute—
p.000197: “(1) This section applies to a committee of the Common Council appointed to exercise functions that the Council
p.000197: has under regulations under section 244(2) to (2ZC).”
p.000197: (12) In subsection (2)—
p.000197: (a) for the words from the beginning to “apply” substitute “Section 245(2)(b) and (c) applies”, and
p.000197: (b) omit the words from “and as if” to the end of the subsection.
p.000197: (13) In subsection (4)—
p.000197: (a) for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and
p.000197: (b) for the words from “in the case of the committee” to the end of the subsection substitute “in the
p.000197: case of a committee to which this section applies, references to functions under regulations under section 244(2) to
p.000197: (2ZC) which are exercisable by the committee.”
p.000197: (14) Omit section 247A (application to local authorities without overview and scrutiny committees).
p.000197: (15) In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2),
p.000197: 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted.
p.000197:
p.000197: Joint strategic needs assessments and strategies
p.000197:
p.000197: 192 Joint strategic needs assessments
p.000197: (1) Section 116 of the Local Government and Public Involvement in Health Act 2007 (health and social care: joint
p.000197: strategic needs assessments) is amended as follows.
p.000197: (2) In subsection (4), for paragraph (b) substitute—
p.000197: “(b) each of its partner clinical commissioning groups,”.
p.000197: (3) In subsection (6)—
p.000197: (a) for “for which a partner PCT acts” substitute “of a partner clinical commissioning group”,
p.000197: (b) for “the partner PCT” substitute “the partner clinical commissioning group”, and
p.000197: (c) after “a need” insert “or to be likely to be a need”.
p.000197: (4) In subsection (7)—
p.000197: (a) in paragraph (a)(ii) for “the partner PCT” substitute “the partner clinical commissioning group
p.000197: or the National Health Service Commissioning Board”, and
p.000197: (b) in paragraph (b)(i) for “the partner PCT” substitute “the partner clinical commissioning group or the National
p.000197: Health Service Commissioning Board”.
p.000197: (5) In subsection (8)—
p.000197: (a) for “each partner PCT” substitute “each of its partner clinical commissioning groups”,
p.000197: (b) after paragraph (b) (but before the “and” immediately following it)
p.000197:
p.000198: 198
p.000198: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000198: Chapter 2 — Local government
p.000198:
p.000198: insert—
p.000198: “(ba) involve the Local Healthwatch organisation for the area of the responsible local authority;
p.000198: (bb) involve the people who live or work in that area;”, and
p.000198: (c) in paragraph (c) for “consult” substitute “involve”.
p.000198: (6) After subsection (8) insert—
p.000198: “(8A) In preparing an assessment under this section, the responsible local authority or a partner clinical
p.000198: commissioning group may consult any person it thinks appropriate.”
p.000198: (7) In subsection (9)—
p.000198: (a) for the definition of “partner PCT” substitute—
p.000198: ““partner clinical commissioning group”, in relation to a responsible local authority, means any
p.000198: clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority;”,
p.000198: and
p.000198: (b) in the definition of “relevant district council”, in paragraph (b)—
p.000198: (i) for “a partner PCT” substitute “a partner clinical commissioning group”, and
p.000198: (ii) for “the area for which the partner PCT acts” substitute “the area of the
p.000198: clinical commissioning group”.
p.000198:
p.000198: 193 Joint health and wellbeing strategies
p.000198: After section 116 of the Local Government and Public Involvement in Health Act 2007 insert—
p.000198: “116A Health and social care: joint health and wellbeing strategies
p.000198: (1) This section applies where an assessment of relevant needs is prepared under section 116 by a responsible
p.000198: local authority and each of its partner clinical commissioning groups.
p.000198: (2) The responsible local authority and each of its partner clinical commissioning groups must
p.000198: prepare a strategy for meeting the needs included in the assessment by the exercise of functions of the authority, the
p.000198: National Health Service Commissioning Board or the clinical commissioning groups (“a joint health and wellbeing
p.000198: strategy”).
p.000198: (3) In preparing a strategy under this section, the responsible local authority and each of its partner
p.000198: clinical commissioning groups must, in particular, consider the extent to which the needs could be met more effectively
p.000198: by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any
p.000198: other way).
p.000198: (4) In preparing a strategy under this section, the responsible local authority and each of its partner
p.000198: clinical commissioning groups must have regard to—
p.000198: (a) the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and
p.000198: (b) any guidance issued by the Secretary of State.
p.000198:
p.000198: Health and Social Care Act 2012 (c. 7)
p.000198: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000199: 199
p.000199:
p.000199: (5) In preparing a strategy under this section, the responsible local authority and each of its partner
p.000199: clinical commissioning groups must—
p.000199: (a) involve the Local Healthwatch organisation for the area of the responsible local authority, and
p.000199: (b) involve the people who live or work in that area.
p.000199: (6) The responsible local authority must publish each strategy prepared by it under this section.
p.000199: (7) The responsible local authority and each of its partner clinical commissioning groups may
p.000199: include in the strategy a statement of their views on how arrangements for the provision of health-related services in
p.000199: the area of the local authority could be more closely integrated with arrangements for the provision of health
p.000199: services and social care services in that area.
p.000199: (8) In this section and section 116B—
p.000199: (a) “partner clinical commissioning group”, in relation to a responsible local authority, has the same
p.000199: meaning as in section 116, and
p.000199: (b) “health services”, “health-related services” and “social care services” have the same meaning as in
p.000199: section 195 of the Health and Social Care Act 2012.
p.000199: 116B Duty to have regard to assessments and strategies
p.000199: (1) A responsible local authority and each of its partner clinical commissioning groups must, in
p.000199: exercising any functions, have regard to—
p.000199: (a) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical
p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.
p.000199: (2) The National Health Service Commissioning Board must, in exercising any functions in arranging for the
p.000199: provision of health services in relation to the area of a responsible local authority, have regard to—
p.000199: (a) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical
p.000199: commissioning groups under section 116 which is relevant to the exercise of the functions, and
p.000199: (b) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant.”
p.000199:
p.000199: Health and Wellbeing Boards: establishment
p.000199:
p.000199: 194 Establishment of Health and Wellbeing Boards
p.000199: (1) A local authority must establish a Health and Wellbeing Board for its area.
p.000199: (2) The Health and Wellbeing Board is to consist of—
p.000199: (a) subject to subsection (4), at least one councillor of the local authority, nominated in accordance with
p.000199: subsection (3),
p.000199:
p.000200: 200
p.000200: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000200: Chapter 2 — Local government
p.000200:
p.000200: (b) the director of adult social services for the local authority,
p.000200: (c) the director of children’s services for the local authority,
p.000200: (d) the director of public health for the local authority,
p.000200: (e) a representative of the Local Healthwatch organisation for the area of the local authority,
p.000200: (f) a representative of each relevant clinical commissioning group, and
p.000200: (g) such other persons, or representatives of such other persons, as the local authority thinks
p.000200: appropriate.
p.000200: (3) A nomination for the purposes of subsection (2)(a) must be made—
p.000200: (a) in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader
p.000200: of the local authority;
p.000200: (b) in any other case, by the local authority.
p.000200: (4) In the case of a local authority operating executive arrangements, the elected mayor or the executive leader
p.000200: of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a
p.000200: member of the Board.
p.000200: (5) The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it
p.000200: on the Health and Wellbeing Board.
p.000200: (6) A relevant clinical commissioning group must appoint a person to represent it on the Health and Wellbeing Board.
p.000200: (7) A person may, with the agreement of the Health and Wellbeing Board, represent more than one clinical
p.000200: commissioning group on the Board.
p.000200: (8) The Health and Wellbeing Board may appoint such additional persons to be members of the Board as it thinks
p.000200: appropriate.
p.000200: (9) At any time after a Health and Wellbeing Board is established, a local authority must, before appointing another
p.000200: person to be a member of the Board under subsection (2)(g), consult the Health and Wellbeing Board.
p.000200: (10) A relevant clinical commissioning group must co-operate with the Health and Wellbeing Board in the exercise of
p.000200: the functions of the Board.
p.000200: (11) A Health and Wellbeing Board is a committee of the local authority which established it and, for
p.000200: the purposes of any enactment, is to be treated as if it were a committee appointed by that authority under section 102
p.000200: of the Local Government Act 1972.
p.000200: (12) But regulations may provide that any enactment relating to a committee appointed under section 102 of
p.000200: that Act of 1972—
p.000200: (a) does not apply in relation to a Health and Wellbeing Board, or
p.000200: (b) applies in relation to it with such modifications as may be prescribed in the regulations.
p.000200: (13) In this section—
p.000200: (a) “enactment” includes an enactment contained in subordinate legislation (within the meaning of
p.000200: the Interpretation Act 1978);
p.000200: (b) “elected mayor”, “executive arrangements” and “executive leader”, in relation to a local authority, have the
p.000200: same meaning as in Part 1A of the Local Government Act 2000;
p.000200:
p.000200: Health and Social Care Act 2012 (c. 7)
p.000200: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000201: 201
p.000201:
p.000201: (c) “relevant clinical commissioning group”, in relation to a local authority, means any clinical commissioning
p.000201: group whose area coincides with or falls wholly or partly within the area of the local authority.
p.000201: (14) In this section and in sections 195 to 199, “local authority” means—
p.000201: (a) a county council in England;
p.000201: (b) a district council in England, other than a council for a district in a county for which there is a
p.000201: county council;
p.000201: (c) a London borough council;
p.000201: (d) the Council of the Isles of Scilly;
p.000201: (e) the Common Council of the City of London in its capacity as a local authority.
p.000201:
p.000201: Health and Wellbeing Boards: functions
p.000201:
p.000201: 195 Duty to encourage integrated working
p.000201: (1) A Health and Wellbeing Board must, for the purpose of advancing the health and wellbeing of the people in its
p.000201: area, encourage persons who arrange for the provision of any health or social care services in that area to
p.000201: work in an integrated manner.
p.000201: (2) A Health and Wellbeing Board must, in particular, provide such advice, assistance or other support
p.000201: as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of
p.000201: the National Health Service Act 2006 in connection with the provision of such services.
p.000201: (3) A Health and Wellbeing Board may encourage persons who arrange for the provision of any health-related
p.000201: services in its area to work closely with the Health and Wellbeing Board.
p.000201: (4) A Health and Wellbeing Board may encourage persons who arrange for the provision of any health or social
p.000201: care services in its area and persons who arrange for the provision of any health-related services in
p.000201: its area to work closely together.
p.000201: (5) Any reference in this section to the area of a Health and Wellbeing Board is a reference to the area of the
p.000201: local authority that established it.
p.000201: (6) In this section—
p.000201: “the health service” has the same meaning as in the National Health Service Act 2006;
p.000201: “health services” means services that are provided as part of the health service in England;
p.000201: “health-related services” means services that may have an effect on the health of individuals but are not health
p.000201: services or social care services; “social care services” means services that are provided in pursuance of the social
p.000201: services functions of local authorities (within the meaning of the
p.000201: Local Authority Social Services Act 1970).
p.000201:
p.000201: 196 Other functions of Health and Wellbeing Boards
p.000201: (1) The functions of a local authority and its partner clinical commissioning groups under sections 116
p.000201: and 116A of the Local Government and Public
p.000201:
p.000202: 202
p.000202: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000202: Chapter 2 — Local government
p.000202:
p.000202: Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board
p.000202: established by the local authority.
p.000202: (2) A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that
p.000202: are exercisable by the authority.
p.000202: (3) A Health and Wellbeing Board may give the local authority that established it its opinion on whether the
p.000202: authority is discharging its duty under section 116B of the 2007 Act.
p.000202: (4) The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244
p.000202: of the National Health Service Act 2006.
p.000202:
p.000202: Health and Wellbeing Boards: supplementary
p.000202:
p.000202: 197 Participation of NHS Commissioning Board
p.000202: (1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing—
p.000202: (a) an assessment of relevant needs under section 116 of the Local Government and Public Involvement in
p.000202: Health Act 2007, or
p.000202: (b) a strategy under section 116A of that Act.
p.000202: (2) The National Health Service Commissioning Board must appoint a representative to join the
p.000202: Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case
p.000202: may be) the strategy.
p.000202: (3) Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise
p.000202: or proposed exercise of the commissioning functions of the National Health Service Commissioning Board in relation to
p.000202: the area of the authority that established the Health and Wellbeing Board.
p.000202: (4) If the Health and Wellbeing Board so requests, the National Health Service Commissioning Board must
p.000202: appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its
p.000202: consideration of the matter.
p.000202: (5) The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a
p.000202: person who is not a member or employee of the National Health Service Commissioning Board.
p.000202: (6) In this section—
p.000202: “commissioning functions”, in relation to the National Health Service Commissioning Board, means the functions
p.000202: of the Board in arranging for the provision of services as part of the health service in England;
p.000202: “the health service” has the same meaning as in the National Health Service Act 2006.
p.000202:
p.000202: 198 Discharge of functions of Health and Wellbeing Boards
p.000202: Two or more Health and Wellbeing Boards may make arrangements for—
p.000202: (a) any of their functions to be exercisable jointly;
p.000202: (b) any of their functions to be exercisable by a joint sub-committee of the Boards;
p.000202:
p.000202: Health and Social Care Act 2012 (c. 7)
p.000202: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000203: 203
p.000203:
p.000203: (c) a joint sub-committee of the Boards to advise them on any matter related to the exercise of their
p.000203: functions.
p.000203:
p.000203: 199 Supply of information to Health and Wellbeing Boards
p.000203: (1) A Health and Wellbeing Board may, for the purpose of enabling or assisting it to perform its functions, request
p.000203: any of the following persons to supply it with such information as may be specified in the request—
p.000203: (a) the local authority that established the Health and Wellbeing Board;
p.000203: (b) any person who is represented on the Health and Wellbeing Board by virtue of section 194(2)(e) to (g) or (8);
p.000203: (c) any person who is a member of a Health and Wellbeing Board by virtue of section 194(2)(g) or (8) but is not
p.000203: acting as a representative.
p.000203: (2) A person who is requested to supply information under subsection (1) must comply with the request.
p.000203: (3) Information supplied to a Health and Wellbeing Board under this section may be used by the Board only for the
p.000203: purpose of enabling or assisting it to perform its functions.
p.000203: (4) Information requested under subsection (1) must be information that relates to—
p.000203: (a) a function of the person to whom the request is made, or
p.000203: (b) a person in respect of whom a function is exercisable by that person.
p.000203:
p.000203: Care Trusts
p.000203:
p.000203: 200 Care Trusts
p.000203: (1) In section 77 of the National Health Service Act 2006 (Care Trusts), in subsection (1)—
p.000203: (a) in paragraph (a), after “an NHS trust” insert “or a clinical commissioning group or an NHS
p.000203: foundation trust”,
p.000203: (b) omit the “and” preceding paragraph (b),
p.000203: (c) in paragraph (b), for “the Secretary of State considers” substitute “the body and the local authority concerned
p.000203: consider”,
p.000203: (d) in that paragraph, for “a local authority” substitute “the local authority”,
p.000203: (e) after paragraph (b), insert “, and
p.000203: (c) the requirements in subsection (1A) are satisfied,”, and
p.000203: (f) for “the Secretary of State may” substitute “the body and the local authority may jointly”.
p.000203: (2) After that subsection insert—
p.000203: “(1A) The body and the local authority must, before designating the body as a Care Trust under this section—
p.000203: (a) publish in the prescribed form and manner—
p.000203: (i) the reasons why they consider that the proposed designation would be likely to have
p.000203: the result mentioned in subsection (1)(b), and
p.000203:
p.000204: 204
p.000204: Health and Social Care Act 2012 (c. 7) Part 5 — Public involvement and local government
p.000204: Chapter 2 — Local government
p.000204:
p.000204: (ii) information about the proposed governance arrangements of the Care Trust, and
p.000204: (b) consult on the proposed designation in accordance with regulations.
p.000204: (1B) Where a body has been designated as a Care Trust under this section, the body and the local authority must
p.000204: notify prescribed persons of the designation.”
p.000204: (3) Omit subsections (2) and (3) of that section.
p.000204: (4) In subsection (4) of that section—
p.000204: (a) for “The direction is that while the body is designated it” substitute “A body designated as a Care Trust under
p.000204: this section”,
p.000204: (b) for “specified in the direction” substitute “agreed”,
p.000204: (c) for “so specified” substitute “so agreed”, and
p.000204: (d) at the end insert “; and “agreed” means agreed by the body and the local authority”.
p.000204: (5) For subsection (5) of that section substitute—
p.000204: “(5) Where a body is designated as a Care Trust under this section, the body and the local authority may jointly
p.000204: revoke that designation.
p.000204: (5A) Before revoking a designation as a Care Trust under this section, the body and the local authority must consult
p.000204: on the proposed revocation of the designation in accordance with regulations.
p.000204: (5B) Where the designation of a body as a Care Trust under this section has been revoked, the body and the local
p.000204: authority must notify prescribed persons of the revocation.”
p.000204: (6) After subsection (5B) of that section insert—
p.000204: “(5C) Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local
p.000204: authority to publish prescribed information following a consultation.”
p.000204: (7) After subsection (5C) of that section insert—
p.000204: “(5D) Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make
p.000204: arrangements for the function to be discharged—
p.000204: (a) by both of them acting jointly,
p.000204: (b) by each of them acting separately, or
p.000204: (c) by one of them acting on behalf of both of them.”
p.000204: (8) Omit subsection (6) of that section.
p.000204: (9) Omit subsection (7) of that section.
p.000204: (10) In subsection (9) of that section—
p.000204: (a) omit paragraph (a),
p.000204: (b) omit paragraph (b),
p.000204: (c) omit paragraph (c), and
p.000204: (d) in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
p.000204:
p.000204: Health and Social Care Act 2012 (c. 7)
p.000204: Part 5 — Public involvement and local government Chapter 2 — Local government
p.000205: 205
p.000205:
p.000205: (11) In subsection (10) of that section, after “NHS trust” insert “or clinical commissioning
p.000205: group or NHS foundation trust”.
p.000205: (12) In subsection (12) of that section, in the definition of “NHS functions” after “NHS trust” insert “or
p.000205: clinical commissioning group or NHS foundation trust”.
p.000205: (13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has
p.000205: satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the
p.000205: National Health Service Act 2006 before the commencement of those subsections.
p.000205: (14) A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its
p.000205: designation as a Care Trust revoked must notify the Secretary of State of that revocation.
p.000205: (15) Despite the repeal of subsection (6) of section 77 of the National Health Service Act 2006 by subsection (8),
...
p.000213: in England)”.
p.000213: (5) After that subsection insert—
p.000213: “(2ZA) In subsections (1) and (2), “the social work profession in England” means the profession engaged in
p.000213: social work in England; and for the purposes of this section, “social work in England” means social work which is
p.000213: required in connection with any health, education or social services provided in England.”
p.000213: (6) After subsection (2ZA) insert—
p.000213: “(2ZB) In subsection (1)(bc) and (bd), “social care workers in England” means persons who are engaged in social care
p.000213: work in England.
p.000213: (2ZC) For that purpose, “social care work in England” means work (other than social work in
p.000213: England) that is of any of the following descriptions—
p.000213: (a) employment at a children’s home, care home or residential family centre in England,
p.000213: (b) management of a home or centre of a kind mentioned in paragraph (a),
p.000213: (c) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption
p.000213: agency or adoption support agency, in so far as the agency provides services to persons in England,
p.000213: (d) management of an agency of a kind mentioned in paragraph (c),
p.000213: (e) work for the purposes of the social services functions of a local authority whose area is in England,
p.000213: (f) the provision in England of services similar to services which may or must be provided by a local authority in
p.000213: the exercise of its social services functions,
p.000213: (g) the provision of personal care for persons in England,
p.000213: (h) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or
p.000213: providing services for the purpose of supplying, persons to provide personal care for persons in England,
p.000213:
p.000214: 214
p.000214: Health and Social Care Act 2012 (c. 7)
p.000214: Part 7 — Regulation of health and social care workers
p.000214:
p.000214: (i) management of an undertaking of the kind mentioned in paragraph (h),
p.000214: (j) employment in connection with the discharge of functions of the Secretary of State under section 80 of the
p.000214: Children Act 1989 (inspection of children’s homes),
p.000214: (k) employment as a member of staff of the Office for Standards in Education, Children’s Services and Skills
p.000214: who inspects premises under—
p.000214: (i) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges),
p.000214: (ii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or
p.000214: (iii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector),
p.000214: (l) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health
p.000214: and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the
p.000214: meaning of that Part),
p.000214: (m) management of staff mentioned in paragraph (k) or (l),
p.000214: (n) employment at a day centre in England,
p.000214: (o) participation in a course approved by the Health and Care Professions Council under article 15 of
p.000214: the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in
p.000214: England.”
p.000214: (7) After subsection (2ZC) insert—
p.000214: “(2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning
p.000214: in that subsection as it has in that section.”
p.000214: (8) After subsection (2ZD) insert—
p.000214: “(2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which
p.000214: subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work
p.000214: profession in England.”
p.000214: (9) After subsection (2ZE) insert—
p.000214: “(2ZF) In this section, “approved mental health professional” has the meaning given in section 114 of the Mental
p.000214: Health Act 1983.”
p.000214: (10) For the title to section 60 of the Health Act 1999 substitute “Regulation of health professions, social
p.000214: workers, other care workers etc.”.
p.000214: (11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for
...
p.000220: (2) In article 37 (appeals against decisions of the Education and Training Committee), in
p.000220: paragraph (5A), at the end of sub-paragraph (a) insert “or registered as a social worker in a register
p.000220: kept by the General Social Care Council, the Care Council for Wales, the Scottish Social Services Council or the
p.000220: Northern Ireland Social Care Council”.
p.000220: (3) In that article, in paragraph (8), after “paragraph (4)” insert “(other than a hearing on an appeal
p.000220: relating to a social worker in England)”.
p.000220: (4) In that article, after that paragraph insert—
p.000220: “(8A) A hearing provided for by the rules made under paragraph (4) on an appeal relating to a social worker in
p.000220: England is to be held in England.”
p.000220: (5) In article 38 (appeals), after paragraph (1) insert—
p.000220: “(1ZA) An appeal from a decision referred to in paragraph (1)(b) relating to social workers in England shall lie
p.000220: only to the county court.”
p.000220: (6) In that article, in paragraph (4), after “article” insert “(subject to paragraph (5))”.
p.000220:
p.000220: Health and Social Care Act 2012 (c. 7)
p.000220: Part 7 — Regulation of health and social care workers
p.000220:
p.000220: (7) In that article, after that paragraph insert—
p.000221: 221
p.000221: “(5) In this article, in the case of an appeal relating to a social worker in England, “the appropriate court”
p.000221: means the High Court of Justice in England and Wales.”
p.000221:
p.000221: 217 Approval of courses for approved mental health professionals
p.000221: (1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows.
p.000221: (2) Before section 114A insert—
p.000221: “114ZA Approval of courses: England
p.000221: (1) The Health and Care Professions Council may approve courses for persons who are, or wish to
p.000221: become, approved to act as approved mental health professionals by a local social services authority whose area is
p.000221: in England.
p.000221: (2) The Council must publish a list of—
p.000221: (a) the courses which are approved under this section, and
p.000221: (b) the courses which have been, but are no longer, approved under this section and the periods for which they were
p.000221: so approved.
p.000221: (3) The functions of an approved mental health professional are not to be considered to be relevant social work for
p.000221: the purposes of Part 4 of the Care Standards Act 2000.
p.000221: (4) Where the function under subsection (1) is, in accordance with the Health and Social Work
p.000221: Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another
p.000221: person to exercise the function on the Council’s behalf.”
p.000221: (3) In section 114 (approval of mental health professionals by local social services authority), in subsection (6),
p.000221: after “section” insert “114ZA or”.
p.000221: (4) Section 114A (approval of courses) is amended as follows.
p.000221: (5) For subsection (1) substitute—
p.000221: “(1) The Care Council for Wales may, in accordance with rules made by it, approve courses for persons who are, or
p.000221: wish to become, approved to act as approved mental health professionals by a local social services authority whose area
p.000221: is in Wales.”
p.000221: (6) Omit subsection (3).
p.000221: (7) In subsection (5), omit “General Social Care Council and the”.
p.000221: (8) For the title to that section substitute “Approval of courses: Wales”.
p.000221:
p.000221: 218 Exercise of function of approving courses, etc.
p.000221: (1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows.
p.000221:
p.000222: 222
p.000222: Health and Social Care Act 2012 (c. 7) Part 7 — Regulation of health and social care workers
p.000222:
p.000222: (2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert “(and see also section
p.000222: 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”.
p.000222: (3) After paragraph (5) of that article insert—
p.000222: “(5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish
p.000222: to become, approved mental health professionals in England, references to registrants are to be read as
p.000222: including a reference to such approved mental health professionals in England as are not registrants.”
p.000222: (4) In article 14 (the Council’s education and training committee), after sub- paragraph (b) insert—
p.000222: “(ba) the setting of criteria under article 15B;”.
p.000222: (5) After article 15 insert—
p.000222: “15A Exercise of function of approving courses for approved mental health professionals
p.000222: (1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for
p.000222: approved mental health professionals in England) is exercisable by the Education and Training Committee.
...
p.000225: “(4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members
p.000225: of the social work profession in England or social care workers in England (each of those expressions having the same
p.000225: meaning as in section 60 of the Health Act 1999).”
p.000225:
p.000225: Role of the Secretary of State
p.000225:
p.000225: 221 Functions of the Secretary of State in relation to social care workers
p.000225: (1) In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after
p.000225: subsection (1) insert—
p.000225: “(1A) But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in
p.000225: relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social
p.000225: Work Professions Order 2001.”
p.000225: (2) In subsection (2) of that section, after “take part in” insert “courses approved by the Health and Care
p.000225: Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001
p.000225: for persons who are or wish to become social workers,”.
p.000225: (3) The Secretary of State may make arrangements with the Health and Care Professions Council for the
p.000225: discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose
p.000225: “the relevant period” is the period—
p.000225: (a) beginning with the day on which this Act is passed, and
p.000225: (b) ending with the commencement of section 212(1).
p.000225:
p.000226: 226
p.000226: Health and Social Care Act 2012 (c. 7) Part 7 — Regulation of health and social care workers
p.000226:
p.000226: The Professional Standards Authority for Health and Social Care
p.000226:
p.000226: 222 The Professional Standards Authority for Health and Social Care
p.000226: (1) The body corporate known as the Council for Healthcare Regulatory Excellence—
p.000226: (a) is to continue to exist, and
p.000226: (b) is to change its name to the Professional Standards Authority for Health and Social Care.
p.000226: (2) In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002
p.000226: (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)—
p.000226: (a) for “the Council for Healthcare Regulatory Excellence” substitute “the Professional Standards Authority for
p.000226: Health and Social Care”, and
p.000226: (b) for ““the Council”” substitute ““the Authority””.
p.000226: (3) For the title of section 25 of that Act substitute “The Professional Standards Authority for Health and Social
p.000226: Care”.
p.000226: (4) For the cross-heading preceding that section substitute “The Professional Standards Authority for Health
p.000226: and Social Care”.
p.000226: (5) For the title of Part 2 of that Act substitute “Health and Social Care Professions
p.000226: etc.”.
p.000226:
p.000226: 223 Functions of the Authority
p.000226: (1) In section 25 of the National Health Service Reform and Health Care Professions Act 2002
p.000226: (the Professional Standards Authority), in subsection (2)(a), for “patients” substitute “users of health
p.000226: care, users of social care in England, users of social work services in England”.
p.000226: (2) In subsection (2A) of that section, for “patients” substitute “users of health care, users of social care in
p.000226: England, users of social work services in England”.
p.000226: (3) In section 26A of that Act (powers of Secretary of State etc. to request the Authority for
p.000226: advice), after subsection (1) insert—
p.000226: “(1A) The Secretary of State may request the Authority for advice on any matter connected with the
p.000226: social work profession, or social care workers, in England; and the Authority must comply with such a
p.000226: request.”
p.000226: (4) After subsection (2) of that section insert—
p.000226: “(2A) A person to whom the Authority gives advice, or for whom it investigates and reports on a matter,
p.000226: under this section must pay such fee as the Authority determines; and the fee may be charged by reference to
p.000226: the advice or the investigation and report concerned or on a periodic basis.”
p.000226: (5) In subsection (3) of that section, after “this section” insert “—
p.000226: “health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which
p.000226: is concerned (wholly or partly) with the physical or mental health of individuals; and”.
p.000226:
p.000226: Health and Social Care Act 2012 (c. 7)
p.000226: Part 7 — Regulation of health and social care workers
p.000227: 227
p.000227:
p.000227: (6) In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for “patients”
p.000227: substitute “users of health care, users of social care in England or users of social work services in
p.000227: England”.
p.000227: (7) In section 27 of that Act (the Authority and regulatory bodies), in subsections
p.000227: (5) and (13), for “Secretary of State” substitute “Privy Council”.
p.000227: (8) In subsection (7) of that section—
p.000227: (a) for “Secretary of State” substitute “Privy Council”, and
p.000227: (b) in paragraph (a), omit “he or”.
p.000227: (9) In section 29 of that Act (reference of disciplinary cases to court by the Authority), in
p.000227: subsection (5), after “subsection (4)” insert “(subject to subsection (5A))”.
p.000227: (10) After subsection (5) of that section insert—
p.000227: “(5A) In the case of a social worker in England, the “relevant court” means the High Court of Justice in England and
p.000227: Wales.”
p.000227: (11) In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
p.000227: (12) In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.
p.000227: (13) After subsection (3D) of that section (inserted by section 224(3)) insert—
p.000227: “(3E) A statutory instrument containing regulations made by the Privy Council under section 27 is
p.000227: subject to annulment in pursuance of a resolution of either House of Parliament.”
p.000227: (14) In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for
p.000227: “patients” substitute “users of health care, users of social care in England, users of social work services in
p.000227: England”.
p.000227:
p.000227: 224 Funding of the Authority
p.000227: (1) After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert—
p.000227: “25A Funding of the Authority
p.000227: (1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such
p.000227: amount as the Privy Council determines in respect of such of the Authority’s functions in relation to that body as are
p.000227: specified in the regulations.
p.000227: (2) A reference in this section to the Authority’s functions does not include a reference to its functions under
p.000227: sections 25G to 25I and 26A.
p.000227: (3) The regulations must, in particular, provide for the method of determining the amount of a fee
p.000227: under the regulations.
p.000227: (4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority
p.000227: to make a proposal as to the amount of funding that it considers it requires in order to perform for the period
p.000227: to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the
p.000227: regulations.
p.000227: (5) The Authority must—
p.000227:
p.000228: 228
p.000228: Health and Social Care Act 2012 (c. 7)
p.000228: Part 7 — Regulation of health and social care workers
p.000228:
p.000228: (a) comply with a request under subsection (4), but
p.000228: (b) before doing so, consult the regulatory bodies.
p.000228: (6) Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies.
p.000228: (7) Having taken into account such representations as it receives from consultees, the Privy Council must—
p.000228: (a) make a proposal as to the amount of funding that it considers the Authority requires in order to perform
p.000228: for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are
p.000228: specified in the regulations, and
p.000228: (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each
p.000228: regulatory body would be required to pay.
p.000228: (8) The Privy Council must—
p.000228: (a) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection
p.000228: (7)(b), and
p.000228: (b) consult each regulatory body about the determination under subsection (7)(b) of the amount it would be
p.000228: required to pay.
p.000228: (9) Having taken into account such representations as it receives from consultees, the Privy Council must—
p.000228: (a) determine the amount of funding that the Authority requires in order to perform for the period to which the fee
p.000228: would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and
p.000228: (b) determine in accordance with the method provided for under subsection (3) the amount of the fee that each
p.000228: regulatory body is to be required to pay.
p.000228: (10) Regulations under this section requiring payment of a fee may make provision—
p.000228: (a) requiring the fee to be paid within such period as is specified;
p.000228: (b) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified
p.000228: under paragraph (a);
p.000228: (c) for the recovery of unpaid fees or interest.
p.000228: (11) The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the
p.000228: regulations, on a request by the Authority or a regulatory body or on its own initiative.
p.000228: (12) Before making regulations under this section, the Privy Council must consult—
p.000228: (a) the Authority,
p.000228: (b) the regulatory bodies, and
p.000228: (c) such other persons as it considers appropriate.”
p.000228: (2) In section 25(5) of that Act (meaning of “this group of sections”) for “26” substitute “25A”.
p.000228:
p.000228: Health and Social Care Act 2012 (c. 7)
p.000228: Part 7 — Regulation of health and social care workers
p.000229: 229
p.000229:
p.000229: (3) In section 38 of that Act (regulations and orders) after subsection (3) insert— “(3A) A statutory
p.000229: instrument containing regulations made by the Privy
p.000229: Council under section 25A shall be subject to annulment in pursuance
p.000229: of a resolution of either House of Parliament.
p.000229: (3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an
p.000229: Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the
p.000229: negative procedure in that Parliament (in addition to the statutory instrument containing the
p.000229: regulations being subject to annulment under subsection (3A)).
p.000229: (3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative
p.000229: procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in
p.000229: relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the
p.000229: negative procedure, but as if references to a Scottish statutory instrument were references to a statutory
p.000229: instrument.
p.000229: (3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing
p.000229: regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the
p.000229: laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.”
p.000229: (4) In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), after sub-paragraph (2) insert—
p.000229: “(2A) The Authority may borrow money for the purposes of or in connection with its functions;
p.000229: and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph.”
p.000229: (5) In that paragraph, omit sub-paragraphs (5) and (6).
p.000229:
p.000229: 225 Power to advise regulatory bodies, investigate complaints, etc.
p.000229: (1) After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert—
p.000229: “25B Power of the Authority to advise regulatory bodies etc.
p.000229: (1) The Authority may, for the purpose of assisting the Authority in its performance of its functions
p.000229: under this group of sections, provide advice or provide auditing services to—
p.000229: (a) a regulatory body;
p.000229: (b) a body which has functions (whether or not relating to health or social care) corresponding to those of a
p.000229: regulatory body.
p.000229: (2) A body to which the Authority provides advice or auditing services under this section must pay such fee as the
p.000229: Authority may determine.
p.000229: (3) In this section, “this group of sections” has the meaning given by section 25(5) but does not include
p.000229: section 26A.”
p.000229: (2) In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints
p.000229: about regulatory bodies), for “The Secretary of State” substitute “The Privy Council”.
p.000229:
p.000230: 230
p.000230: Health and Social Care Act 2012 (c. 7) Part 7 — Regulation of health and social care workers
p.000230:
p.000230: (3) In section 38(2) of that Act (regulations and orders), omit “regulations under section 28 or”.
p.000230:
p.000230: 226 Accountability and governance
p.000230: (1) Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the
p.000230: Authority) is amended as follows.
p.000230: (2) In paragraph 4 (membership and chair)—
p.000230: (a) in paragraph (e), for “the Secretary of State” substitute “the Privy Council”, and
p.000230: (b) in paragraph (f), for “two executive members” substitute “one executive member”.
p.000230: (3) In paragraph 6 (appointments), for “The Secretary of State” substitute “The Privy Council”.
p.000230: (4) In paragraph 10 (remuneration and allowances)—
p.000230: (a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Authority”, and
p.000230: (b) for sub-paragraphs (3) and (4) substitute—
p.000230: “(3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in
p.000230: respect of a person who is or has been the chair or any other member of the Authority.
p.000230: (4) The Authority may, where it considers there are special circumstances that make it right for a person
p.000230: ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may
p.000230: determine.”
p.000230: (5) In paragraph 11 (employees)—
p.000230: (a) in sub-paragraph (1), for “members” substitute “member”, and
p.000230: (b) in sub-paragraph (2), for “members must be employees” substitute “member must be an employee”.
p.000230: (6) In paragraph 15 (accounts)—
p.000230: (a) in each of sub-paragraphs (1) and (2), for “the Secretary of State” substitute “the Privy Council”,
p.000230: and
p.000230: (b) in sub-paragraph (3)—
p.000230: (i) omit “the Secretary of State and”, and
p.000230: (ii) for “the Secretary of State” substitute “the Privy Council”.
p.000230: (7) In paragraph 16 (reports and other information), after sub-paragraph (1A) insert—
p.000230: “(1B) The Authority must, by such date in each year as the Privy Council determines, publish—
p.000230: (a) a strategic plan for the Authority for the coming financial year, and
p.000230: (b) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine.”
p.000230: (8) In sub-paragraph (2) of that paragraph, after “its report for that year” insert “, and a copy of each
p.000230: of its strategic plans published in that year,”.
p.000230:
p.000230: Health and Social Care Act 2012 (c. 7)
p.000230: Part 7 — Regulation of health and social care workers
p.000231: 231
p.000231:
p.000231: (9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert—
p.000231: “(3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of
p.000231: Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament.”
p.000231:
p.000231: 227 Appointments to regulatory bodies
p.000231: After section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert—
p.000231: “25C Appointments to regulatory bodies
p.000231: (1) The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to
p.000231: assist the Privy Council in connection with its exercise of any of its appointment functions in relation
p.000231: to the regulatory body.
p.000231: (2) The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in
p.000231: connection with—
p.000231: (a) its exercise of any of its appointment functions in relation to a regulatory body;
p.000231: (b) its exercise of its function under paragraph 4 of Schedule 7.
p.000231: (3) The Privy Council may make arrangements with any other person to assist it in connection with—
p.000231: (a) its exercise of any of its appointment functions in relation to a regulatory body;
p.000231: (b) its exercise of its function under paragraph 4 of Schedule 7.
p.000231: (4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection
p.000231: with their exercise of their function under that paragraph.
p.000231: (5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection
p.000231: with their exercise of their function under that paragraph.
p.000231: (6) The Department of Health, Social Services and Public Safety in Northern Ireland may make
p.000231: arrangements for the Authority to assist the Department in connection with its exercise of its function under that
p.000231: paragraph.
p.000231: (7) In this section, “regulatory body” does not include the Pharmaceutical Society of Northern Ireland.
p.000231: (8) In this section, “appointment functions” means—
p.000231: (a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act
p.000231: 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that
p.000231: Schedule (appointment of members and chair and determination of terms of office),
p.000231: (b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the
p.000231: Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue
p.000231:
p.000232: 232
p.000232: Health and Social Care Act 2012 (c. 7)
p.000232: Part 7 — Regulation of health and social care workers
p.000232:
p.000232: of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
p.000232: (c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians
p.000232: Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or
p.000232: (d) of that Schedule (corresponding functions in relation to that Council),
p.000232: (d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to
p.000232: the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph
p.000232: 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
...
p.000235: worker merely because the person is (or has been) participating in a course of the description given in
p.000235: subsection (2ZC)(o) of that section (social work courses).
p.000235: (11) “The social work profession in England” has the meaning given in that section.
p.000235: 25F Establishment of voluntary register: impact assessment
p.000235: (1) Before establishing a register under section 25D, a regulatory body—
p.000235: (a) must make an assessment of the likely impact of doing so, and
p.000235: (b) must consult such persons as it considers appropriate.
p.000235: (2) In performing the duty under subsection (1)(a), the body must have regard to such guidance relating
p.000235: to the preparation of impact assessments as it considers appropriate.
p.000235: (3) An assessment under this section must, in particular, include an assessment of the likely impact of
p.000235: establishing the register on—
p.000235: (a) persons who would be eligible for inclusion in the register;
p.000235: (b) persons who employ persons who would be eligible for inclusion in the register;
p.000235: (c) users of health care, users of social care in England and users of social work services in England.
p.000235: (4) A regulatory body must publish any assessment it makes under this section.
p.000235: (5) In deciding whether to establish a register under section 25D, a regulatory body must have regard to
p.000235: the assessment it made under this section in relation to the register.”
p.000235:
p.000235: 229 Accreditation of voluntary registers
p.000235: (1) After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert—
p.000235: “25G Power of the Authority to accredit voluntary registers
p.000235: (1) Where a regulatory body or other person maintains a voluntary register, the Authority may, on an
p.000235: application by the body or other person, take such steps as it considers appropriate for the purpose of
p.000235: establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation
p.000235: criteria”).
p.000235: (2) Accreditation criteria may, in particular, relate to—
p.000235: (a) the provision to the Authority of information in connection with the establishment, operation or
p.000235: maintenance of register;
p.000235:
p.000236: 236
p.000236: Health and Social Care Act 2012 (c. 7)
p.000236: Part 7 — Regulation of health and social care workers
p.000236:
p.000236: (b) publication of the names of persons included in the register or who have been removed from the register (whether
p.000236: voluntarily or otherwise);
p.000236: (c) the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal
p.000236: from the register.
p.000236: (3) If the Authority is satisfied that a voluntary register meets the accreditation criteria, it
p.000236: may accredit the register.
p.000236: (4) The Authority may carry out periodic reviews of the operation of registers accredited under this
p.000236: section for the purpose of establishing whether they continue to meet the accreditation criteria.
p.000236: (5) If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets
p.000236: the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation
p.000236: of the register.
p.000236: (6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the
p.000236: person who maintains the register pays a fee of such amount as the Authority may determine.
p.000236: (7) The Authority must publish such accreditation criteria as it sets.
p.000236: (8) The Authority may publish a list of registers accredited under this section.
p.000236: (9) “Voluntary register” has the meaning given in section 25E.
p.000236: 25H Accreditation of voluntary register: impact assessment
p.000236: (1) Before accrediting a register under section 25G, the Authority—
p.000236: (a) must make an assessment of the likely impact of doing so, and
p.000236: (b) must consult such persons as it considers appropriate.
p.000236: (2) For that purpose, the Authority must have regard to such guidance relating to the preparation of
p.000236: impact assessments as it considers appropriate.
p.000236: (3) An assessment under this section must, in particular, include an assessment of the likely impact of
p.000236: accrediting the register on—
p.000236: (a) persons who are, or are eligible to be, included in the register;
p.000236: (b) persons who employ persons who are, or are eligible to be, included in the register;
p.000236: (c) users of health care, users of social care in England and users of social work services in England.
p.000236: (4) For the purposes of subsection (3), the Authority may request the person who maintains the register to
p.000236: provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority
p.000236: may refuse to accredit the register.
p.000236: (5) The Authority may publish any assessment it makes under this section.
p.000236: (6) In deciding whether to accredit a register under section 25G, the Authority must have regard to
p.000236: its assessment under this section in relation to the register.
p.000236:
p.000236: Health and Social Care Act 2012 (c. 7)
p.000236: Part 7 — Regulation of health and social care workers
p.000237: 237
p.000237:
p.000237: 25I Functions of the Authority in relation to accredited voluntary registers
p.000237: (1) The Authority has the following functions—
p.000237: (a) to promote the interests of users of health care, users of social care in England, users of social work services
p.000237: in England and other members of the public in relation to the performance of voluntary registration functions,
p.000237: (b) to promote best practice in the performance of voluntary registration functions, and
p.000237: (c) to formulate principles of good governance in the performance of voluntary registration functions and to
p.000237: encourage persons who maintain or operate accredited voluntary registers to conform to those principles.
p.000237: (2) In this section—
p.000237: (a) a reference to the performance of voluntary registration functions is a reference to the
p.000237: maintenance or operation of an accredited voluntary register, and
p.000237: (b) “accredited voluntary register” means a register accredited under section 25G”.”
p.000237: (2) In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert—
p.000237: “(2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a
p.000237: regulatory body who has voluntary registration functions; and for that purpose, the only functions
p.000237: that person has are the person’s voluntary registration functions.”
p.000237: (3) After subsection (3) of that section insert—
p.000237: “(3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory
p.000237: body in so far as that person has voluntary registration functions.”
p.000237: (4) After subsection (4) of that section insert—
p.000237: “(4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3)
p.000237: includes a reference to subsection (3) as construed in accordance with subsection (3A).”
p.000237: (5) After subsection (12) of that section insert—
p.000237: “(13) In this section, “voluntary registration functions” is to be construed in accordance with section 25I.”
p.000237: (6) In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice
p.000237: etc.), after subsection (1A) (inserted by section 223(3)), insert—
p.000237: “(1B) The Secretary of State may request the Authority for advice on any matter connected with
p.000237: accreditation of registers under section 25G; and the Authority must comply with such a request.
p.000237: (1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the
p.000237: Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation
p.000237: of registers referred to in subsection (1D); and the Authority must comply with such a request.
p.000237:
p.000238: 238
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000238:
p.000238: (1D) The registers are registers of persons who are or have been—
p.000238: (a) unregulated social care workers in England,
p.000238: (b) participating in studies for the purpose of becoming a member of the social work profession in England;
p.000238: (c) participating in studies for the purpose of becoming an unregulated social care worker in
p.000238: England.
p.000238: (1E) In subsection (1D), “the social work profession in England” and “unregulated social care worker in
p.000238: England” each have the meaning given in section 25E.”
p.000238: (7) In section 26B of that Act (duty of the Authority to inform and consult the public), after
p.000238: subsection (1) insert—
p.000238: “(1A) The references in subsection (1) to the Authority’s functions do not include a reference to its
p.000238: accreditation functions.
p.000238: (1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its
p.000238: accreditation functions, the Authority may publish or provide in such manner as it thinks fit information
p.000238: about the exercise of those functions.
p.000238: (1C) For the purposes of this section, the Authority’s accreditation functions are—
p.000238: (a) its functions under sections 25G to 25I,
p.000238: (b) its functions under section 26 that relate to the performance of voluntary registration functions (within the
p.000238: meaning given by section 25I), and
p.000238: (c) its function under section 26A(1B).”
p.000238: (8) In subsection (2) of that section, after “subsection (1)” insert “or (1B)”.
p.000238: (9) At the end of subsection (4) of that section insert “(other than its accreditation functions)”.
p.000238:
p.000238: Consequential provision etc.
p.000238:
p.000238: 230 Consequential provisions and savings, etc.
p.000238: (1) Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and
p.000238: savings relating to the preceding provisions of this Part) have effect.
p.000238: (2) The Privy Council may by order make transitional, transitory or saving provision in connection with
p.000238: the commencement of the preceding provisions of this Part.
p.000238: (3) The quorum for the exercise of the power under subsection (2) is two.
p.000238: (4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument
p.000238: signed by the Clerk of the Council.
p.000238: (5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002
p.000238: (regulations and orders), after subsection (4) insert—
p.000238: “(4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of
p.000238: Schedule 7 is two; and anything
p.000238:
p.000238: Health and Social Care Act 2012 (c. 7)
p.000238: Part 7 — Regulation of health and social care workers
p.000239: 239
p.000239:
...
p.000240: section to give NICE a direction to prepare a quality standard in relation to the same matter or connected
p.000240: matters.
p.000240: (9) In such a case—
p.000240: (a) the Secretary of State and the Board may issue a joint direction under subsection (1), and
p.000240: (b) if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned.
p.000240: (10) In this section “the relevant commissioner”—
p.000240: (a) in relation to a quality standard in relation to the provision of NHS services, means the Board, and
p.000240: (b) in relation to a quality standard in relation to the provision of public health services or of social care
p.000240: in England, means the Secretary of State,
p.000240:
p.000240: Health and Social Care Act 2012 (c. 7)
p.000240: Part 8 — The National Institute for Health and Care Excellence
p.000241: 241
p.000241:
p.000241: and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both
p.000241: the Secretary of State and the Board.
p.000241: (11) In this Part—
p.000241: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000241: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of the
p.000241: National Health Service Act 2006) or section 117 of the Mental Health Act 1983 (after-care);
p.000241: “public health services” means services provided pursuant to the functions of—
p.000241: (a) the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, or
p.000241: (b) a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.
p.000241:
p.000241: 235 Supply of quality standards to other persons
p.000241: (1) Regulations may confer powers on NICE in relation to the supply by NICE of quality standards to—
p.000241: (a) devolved authorities;
p.000241: (b) other persons (whether or not in the United Kingdom).
p.000241: (2) The regulations may in particular—
p.000241: (a) confer power on NICE to make such adjustments as NICE considers appropriate to a quality standard for the
p.000241: purposes of supplying it as mentioned in subsection (1), and
p.000241: (b) provide for the imposition by NICE of charges for or in connection with the supply of a quality standard as so
p.000241: mentioned.
p.000241: (3) Provision made under subsection (2)(b) may include provision for charges to be calculated on the basis NICE
p.000241: considers to be the appropriate commercial basis.
p.000241: (4) In this section “devolved authority” means—
p.000241: (a) the Scottish Ministers,
p.000241: (b) the Welsh Ministers, and
p.000241: (c) the Department of Health, Social Services and Public Safety in Northern Ireland.
p.000241:
p.000241: 236 Advice or guidance to the Secretary of State or the Board
p.000241: (1) NICE must give advice or guidance to the Secretary of State or the Board on any quality matter referred to it by
p.000241: the Secretary of State or (as the case may be) the Board.
p.000241: (2) “Quality matter”—
p.000241: (a) in relation to the Secretary of State, means any matter in relation to which the Secretary of State
p.000241: has the power to direct NICE to prepare a quality standard, and
p.000241: (b) in relation to the Board, means any matter in relation to which the Board has the power to direct
p.000241: NICE to prepare a quality standard.
p.000241:
p.000242: 242
p.000242: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000242:
p.000242: Functions: advice, guidance etc.
p.000242:
p.000242: 237 Advice, guidance, information and recommendations
p.000242: (1) Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of
p.000242: information or making of recommendations about any matter concerning or connected with the provision of—
p.000242: (a) NHS services,
p.000242: (b) public health services, or
p.000242: (c) social care in England.
p.000242: (2) The regulations may provide that a function conferred under subsection (1)(a)—
p.000242: (a) is only exercisable on the direction of the Secretary of State or the Board;
p.000242: (b) is subject to directions given by the Secretary of State or (as the case may be) the Board about NICE’s exercise
p.000242: of the function.
...
p.000242: (c) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision
p.000242: of information or making of recommendations.
p.000242: (6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE
p.000242: considers to be the appropriate commercial basis.
p.000242: (7) The regulations must make provision about—
p.000242: (a) the establishment by NICE of procedures for the giving of advice or guidance, provision of information or
p.000242: making of recommendations under the regulations, and
p.000242: (b) consultation by NICE in establishing the procedures.
p.000242: (8) The regulations may make provision requiring specified health or social care bodies, or health or social care
p.000242: bodies of a specified description, to—
p.000242: (a) have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE
p.000242: pursuant to the regulations;
p.000242: (b) comply with specified recommendations, or recommendations of a specified description, made by NICE
p.000242: pursuant to the regulations.
p.000242:
p.000242: Health and Social Care Act 2012 (c. 7)
p.000242: Part 8 — The National Institute for Health and Care Excellence
p.000243: 243
p.000243:
p.000243: (9) Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have
p.000243: regard to advice or guidance or to comply with recommendations—
p.000243: (a) generally in the exercise of functions, or
p.000243: (b) in the exercise of specified functions or functions of a specified description.
p.000243: (10) But provision made under subsection (8) may impose a requirement on a local authority, or a description of
p.000243: local authorities, only if the requirement relates to—
p.000243: (a) the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of
p.000243: Schedule 1 to, the National Health Service Act 2006;
p.000243: (b) the exercise by an authority of any of its functions by virtue of section 6C(1) or (3) of that Act;
p.000243: (c) anything done by an authority in pursuance of arrangements under section 7A of that Act.
p.000243: (11) In this section—
p.000243: “health or social care body” means any public body exercising functions in connection with the provision of health
p.000243: services or of social care in England;
p.000243: “local authority” means—
p.000243: (a) a county council in England;
p.000243: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000243: council;
p.000243: (c) a London borough council;
p.000243: (d) the Council of the Isles of Scilly;
p.000243: (e) the Common Council of the City of London;
p.000243: ‘“public body” means a body or other person whose functions—
p.000243: (a) are of a public nature, or
p.000243: (b) include functions of that nature,
p.000243: but, in the latter case, the body or person is a public body to the extent only of those functions;
p.000243: “specified” means specified in the regulations.
p.000243:
p.000243: 238 NICE recommendations: appeals
p.000243: (1) Regulations under section 237 may make provision about appeals against recommendations made by NICE
p.000243: pursuant to the regulations.
p.000243: (2) The regulations may, in particular, include provision about—
p.000243: (a) the types of recommendations in relation to which an appeal may be brought,
p.000243: (b) the persons who may bring an appeal,
p.000243: (c) the grounds on which an appeal may be brought, and
p.000243: (d) the persons by whom an appeal is to be heard.
p.000243:
p.000244: 244
p.000244:
p.000244: 239 Training
p.000244: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000244: (1) Regulations may confer functions on NICE in relation to providing, or facilitating the provision of,
p.000244: training in connection with any matter concerning or connected with the provision of—
p.000244: (a) NHS services,
p.000244: (b) public health services, or
p.000244: (c) social care in England.
p.000244: (2) The regulations may provide that a function conferred under subsection (1)(a)—
...
p.000246: England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is
p.000246: conferred.
p.000246:
p.000246: 246 Protection from personal liability
p.000246: (1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain
p.000246: authorities from personal liability) has effect as if there were included in the authorities referred to in that
p.000246: section a reference to NICE.
p.000246: (2) In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any
p.000246: reference in that section to the Public Health Act 1875 were a reference to this Act.
p.000246:
p.000246: Supplementary
p.000246:
p.000246: 247 Interpretation of this Part
p.000246: In this Part—
p.000246: “the Board” means the National Health Service Commissioning Board; “health care” has the meaning given by section
p.000246: 240(4);
p.000246: “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of
p.000246: that Act);
p.000246: “health services” has the meaning given by section 233(3); “NHS services” has the meaning given by section 234(11);
p.000246: “public health services” has the meaning given by section 234(11); “quality standard” has the meaning given by section
p.000246: 234(2); “social care” has the meaning given by section 233(3).
p.000246:
p.000246: Health and Social Care Act 2012 (c. 7)
p.000246: Part 8 — The National Institute for Health and Care Excellence
p.000246:
p.000246: 248 Dissolution of predecessor body
p.000247: 247
p.000247: The Special Health Authority known as the National Institute for Health and Clinical Excellence is abolished.
p.000247:
p.000247: 249 Consequential and transitional provision
p.000247: (1) Schedule 17 (which contains consequential provision) has effect.
p.000247: (2) A statement of standards prepared and published by the Institute before commencement is to be
p.000247: treated on and after commencement as if it were a quality standard—
p.000247: (a) prepared and published by NICE in accordance with section 234,
p.000247: (b) endorsed under subsection (5) of that section, and
p.000247: (c) in respect of which the transitional commissioner is the relevant commissioner for the purposes of that
p.000247: section.
p.000247: (3) Subsections (4) to (6) apply to a case where before commencement—
p.000247: (a) the Secretary of State has referred a matter to the Institute for the purpose of preparing and
p.000247: publishing a statement of standards, but
p.000247: (b) the Institute has not published the statement.
p.000247: (4) The referral by the Secretary of State to the Institute of the matter is to be treated on and
p.000247: after commencement as if it were a direction given to NICE by the transitional commissioner for the preparation
p.000247: of a quality standard in relation to that matter under section 234(1); and the transitional commissioner is to be
p.000247: treated as the relevant commissioner for the purposes of that section.
p.000247: (5) Anything done by the Institute before commencement in relation to the matter is to be treated on and after
p.000247: commencement as having been done by NICE in pursuance of the direction.
p.000247: (6) Consultation with any person undertaken by the Institute before commencement in
p.000247: relation to the matter is to be treated on and after commencement as if it were consultation by NICE
p.000247: under section 234(3) in relation to the preparation of the quality standard.
p.000247: (7) A procedure established by the Institute before commencement for the preparation of statements of
p.000247: standards is to be treated on and after commencement as if it were a procedure established by NICE in
p.000247: accordance with section 234(7) for the preparation of quality standards.
p.000247: (8) For the purposes of this section “the transitional commissioner” is the Secretary of State; but the Secretary of
p.000247: State, after consulting the Board, may direct that in relation to a particular statement of standards or
p.000247: matter the transitional commissioner is—
p.000247: (a) the Board, or
p.000247: (b) both the Secretary of State and the Board.
p.000247: (9) In this section—
p.000247: “commencement” means the commencement of section 234;
p.000247: “the Institute” means the Special Health Authority known as the National Institute for Health and Clinical Excellence;
p.000247: “statement of standards” means a document containing advice to the Secretary of State in relation to the
p.000247: quality of the provision of health
p.000247:
p.000248: 248
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 8 — The National Institute for Health and Care Excellence
p.000248:
p.000248: care prepared and published by the Institute pursuant to the directions given to the Institute by the Secretary of
p.000248: State on 27 July 2009.
p.000248: PART 9
p.000248: HEALTH AND ADULT SOCIAL CARE SERVICES: INFORMATION
p.000248: CHAPTER 1
p.000248: INFORMATION STANDARDS
p.000248:
p.000248: 250 Powers to publish information standards
p.000248: (1) The Secretary of State or the National Health Service Commissioning Board (referred to in this Chapter as
p.000248: “the Board”) may prepare and publish an information standard.
p.000248: (2) For the purposes of this Part “an information standard” is a document containing standards in
p.000248: relation to the processing of information.
p.000248: (3) The Secretary of State may exercise the power under subsection (1) only in relation to information
p.000248: concerning, or connected with, the provision of health services or of adult social care in England.
p.000248: (4) The Board may exercise the power under subsection (1) only in relation to information concerning, or
p.000248: connected with, the provision of NHS services.
p.000248: (5) An information standard must include guidance about the implementation of the standard.
p.000248: (6) The following must have regard to an information standard published under this section—
p.000248: (a) the Secretary of State;
p.000248: (b) the Board;
p.000248: (c) any public body which exercises functions in connection with the provision of health services or of
p.000248: adult social care in England;
p.000248: (d) any person (other than a public body) who provides health services, or adult social care in England, pursuant to
p.000248: arrangements made with a public body exercising functions in connection with the provision of such services or care.
p.000248: (7) In this section—
p.000248: “adult social care”—
p.000248: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000248: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000248: similar circumstances, are in need of such care or other assistance, but
p.000248: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000248: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000248: Act 2000;
p.000248: “health services” means services which must or may be provided as part of the health service in England; and for
p.000248: that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section
p.000248: 275(1) of that Act);
p.000248:
p.000248: Health and Social Care Act 2012 (c. 7)
p.000248: Part 9 — Health and adult social care services: information Chapter 1 — Information standards
p.000249: 249
p.000249:
p.000249: “NHS services” means services the provision of which is arranged by the Board or a clinical commissioning group
p.000249: under the National Health Service Act 2006 (including pursuant to arrangements made under section 7A of that
p.000249: Act) or section 117 of the Mental Health Act 1983 (after-care);
p.000249: “processing” has the same meaning as in the Data Protection Act 1998 (see section 1 of that Act);
p.000249: “public body” means a body or other person whose functions—
p.000249: (a) are of a public nature, or
p.000249: (b) include functions of that nature,
p.000249: but in the latter case, the body or person is a public body to the extent only of those functions.
p.000249:
p.000249: 251 Information standards: supplementary
p.000249: (1) Before publishing an information standard, the Secretary of State or the Board must consult such persons as the
p.000249: Secretary of State or (as the case may be) the Board considers appropriate.
p.000249: (2) For the purposes of section 250 the Secretary of State or the Board may adopt an information standard prepared
p.000249: or published by another person.
p.000249:
p.000249: CHAPTER 2
p.000249: THE HEALTH AND SOCIAL CARE INFORMATION CENTRE
p.000249:
p.000249: Establishment and general duties
p.000249:
...
p.000249: (a) the information standards published by the Secretary of State or the Board under section 250,
p.000249: (b) such guidance issued by the Secretary of State as the Secretary of State may require,
p.000249: (c) such guidance issued by the Board as the Board may require, and
p.000249: (d) the need to promote the effective, efficient and economic use of resources in the provision of health
p.000249: services and of adult social care in England.
p.000249: (2) The Information Centre must—
p.000249: (a) seek to minimise the burdens it imposes on others, and
p.000249: (b) exercise its functions effectively, efficiently and economically.
p.000249: (3) In this Chapter—
p.000249:
p.000250: 250
p.000250: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000250: Health and Social Care Information Centre
p.000250:
p.000250: “adult social care”—
p.000250: (a) includes all forms of personal care and other practical assistance provided for individuals who, by
p.000250: reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other
p.000250: similar circumstances, are in need of such care or other assistance, but
p.000250: (b) does not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector
p.000250: of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards
p.000250: Act 2000;
p.000250: “health services” means services which must or may be provided as part of the health service in England.
p.000250:
p.000250: Functions: information systems
p.000250:
p.000250: 254 Powers to direct Information Centre to establish information systems
p.000250: (1) The Secretary of State or the Board may direct the Information Centre to establish and operate a
p.000250: system for the collection or analysis of information of a description specified in the direction.
p.000250: (2) A direction may be given under subsection (1) by the Secretary of State only if—
p.000250: (a) the Secretary of State considers that the information which could be obtained by complying with the
p.000250: direction is information which it is necessary or expedient for the Secretary of State to have in relation to the
p.000250: exercise by the Secretary of State of the Secretary of State’s functions in connection with the provision of health
p.000250: services or of adult social care in England, or
p.000250: (b) the Secretary of State otherwise considers it to be in the interests of the health service in England or of
p.000250: the recipients or providers of adult social care in England for the direction to be given.
p.000250: (3) A direction may be given under subsection (1) by the Board only if the Board considers that the information
p.000250: which could be obtained by complying with the direction is information which it is necessary or expedient for the Board
p.000250: to have in relation to its exercise of functions in connection with the provision of NHS services.
p.000250: (4) In this Chapter “NHS services” means services the provision of which is arranged by the Board or a
p.000250: clinical commissioning group under the National Health Service Act 2006 (including pursuant to arrangements
p.000250: made under section 7A of that Act) or section 117 of the Mental Health Act 1983 (after-care).
p.000250: (5) Before giving a direction under subsection (1) the Secretary of State or (as the case may be) the Board must
p.000250: consult the Information Centre.
p.000250: (6) A function conferred by a direction given by the Secretary of State or the Board under subsection (1) is subject
p.000250: to directions given by the Secretary of State or (as the case may be) the Board about the Information Centre’s exercise
p.000250: of the function.
p.000250: (7) The Information Centre may charge the Board a reasonable fee in respect of the cost of complying with a
p.000250: direction given by the Board under subsection (1).
p.000250:
p.000250: Health and Social Care Act 2012 (c. 7)
p.000250: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000251: 251
p.000251:
p.000251: 255 Powers to request Information Centre to establish information systems
p.000251: (1) Any person (including a devolved authority) may request the Information Centre to establish and
p.000251: operate a system for the collection or analysis of information of a description specified in the request.
p.000251: (2) A request may be made under subsection (1) by a person only if the person considers that the information which
p.000251: could be obtained by complying with the request is information which it is necessary or expedient for the person to
p.000251: have in relation to the person’s exercise of functions, or carrying out of activities, in connection with the provision
p.000251: of health care or adult social care.
p.000251: (3) The Information Centre must comply with a mandatory request unless the Centre considers that the
p.000251: request relates to information of a description prescribed in regulations.
p.000251: (4) For the purposes of this Chapter a request under subsection (1) is a mandatory request if—
p.000251: (a) it is made by a principal body, and
p.000251: (b) the body considers that the information which could be obtained by complying with the request is
p.000251: information which it is necessary or expedient for the body to have in relation to its discharge of a duty in
p.000251: connection with the provision of health services or of adult social care in England.
p.000251: (5) The Secretary of State or the Board may direct the Information Centre not to comply with a request specified
p.000251: in the direction which is not a mandatory request.
p.000251: (6) The Secretary of State or the Board may direct the Information Centre to comply with a request
p.000251: specified in the direction which was made by a person outside England.
p.000251: (7) Subsection (8) applies where the Information Centre has discretion under this section as to whether to comply
p.000251: with—
p.000251: (a) a mandatory request, or
...
p.000257: with the provision of health services or of adult social care in England.
p.000257: (7) A person, other than a public body, who provides health services, or adult social care in
p.000257: England, pursuant to arrangements made with a public body
p.000257:
p.000258: 258
p.000258: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000258: Health and Social Care Information Centre
p.000258:
p.000258: exercising functions in connection with the provision of such services or care must, in providing those services or
p.000258: that care, have regard to the code.
p.000258:
p.000258: 264 Information Register
p.000258: The Information Centre must maintain and publish a register containing descriptions of the information
p.000258: which has been obtained by virtue of this Chapter.
p.000258:
p.000258: 265 Advice or guidance
p.000258: (1) The Information Centre—
p.000258: (a) may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection,
p.000258: analysis, publication or other dissemination of information, and
p.000258: (b) must, if requested to do so by the Secretary of State or the Board, give advice or guidance on any such
p.000258: matter as may be specified in the request to—
p.000258: (i) the Secretary of State or (as the case may be) the Board;
p.000258: (ii) such other persons as may be specified in the request.
p.000258: (2) Those persons are—
p.000258: (a) the Secretary of State,
p.000258: (b) the Board,
p.000258: (c) any person who makes, or is proposing to make, a request under section 255,
p.000258: (d) any health or social care body, and
p.000258: (e) any person (including a devolved authority) who collects, or is proposing to collect,
p.000258: information which relates to the provision of health care or adult social care.
p.000258: (3) The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by
p.000258: requesting the Information Centre to give the Secretary of State advice about ways in which the burdens
p.000258: relating to the collection of information imposed on health or social care bodies and other persons may be
p.000258: minimised.
p.000258: (4) For the purposes of subsection (3) a review period is—
p.000258: (a) the period of 3 years beginning with the day on which this section comes into force, and
p.000258: (b) each subsequent period of 3 years.
p.000258: (5) A health or social care body to whom advice or guidance is given under this section must have regard to the
p.000258: advice or guidance in exercising functions in connection with the provision of health services or of adult
p.000258: social care in England.
p.000258: (6) A person, other than a public body, who provides health services, or adult social care in
p.000258: England, pursuant to arrangements made with a public body exercising functions in connection with the provision
p.000258: of such services or care must, in providing those services or that care, have regard to any advice or guidance given to
p.000258: the person under this section.
p.000258:
p.000258: Health and Social Care Act 2012 (c. 7)
p.000258: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000259: 259
p.000259:
p.000259: Functions: quality of health and social care information
p.000259:
p.000259: 266 Assessment of quality of information
p.000259: The Information Centre must from time to time—
...
p.000262: (7) A power conferred on the Board under subsection (1)(d) must provide that a direction must permit the Information
p.000262: Centre to charge the Board a reasonable fee in respect of the cost of complying with the direction.
p.000262: (8) A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the
p.000262: Secretary of State or (as the case may be) the Board from exercising the function in respect of which the direction is
p.000262: given.
p.000262: (9) In this section—
p.000262: “information function” means a function in relation to the collection, analysis, publication or other
p.000262: dissemination of information;
p.000262: “specified” means specified in a direction given under regulations made under subsection (1);
p.000262: “systems delivery function”—
p.000262: (a) in relation to the Secretary of State, means a function of the Secretary of State which is
p.000262: exercisable in relation to the development or operation of information or communications systems in
p.000262: connection with the provision of health services or of adult social care in England;
p.000262: (b) in relation to the Board, means a function of the Board which is exercisable in relation to the development
p.000262: or operation of information or communications systems in connection with the provision of NHS services.
p.000262:
p.000262: Health and Social Care Act 2012 (c. 7)
p.000262: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000263: 263
p.000263:
p.000263: 275 Interpretation of this Chapter
p.000263: In this Chapter—
p.000263: “adult social care” has the meaning given by section 253(3);
p.000263: “the Board” means the National Health Service Commissioning Board; “devolved authority” means—
p.000263: (a) the Scottish Ministers;
p.000263: (b) the Welsh Ministers; and
p.000263: (c) a Northern Ireland Minister;
p.000263: “health care” has the meaning given by section 255(10);
p.000263: “health or social care body” has the meaning given by section 259(11); “the health service” has the same meaning
p.000263: as in the National Health
p.000263: Service Act 2006 (see section 275(1) of that Act);
p.000263: “health services” has the meaning given by section 253(3); “mandatory request” has the meaning given by section 255(4);
p.000263: “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;
p.000263: “public body” means a body or other person whose functions—
p.000263: (a) are of a public nature, or
p.000263: (b) include functions of that nature,
p.000263: but in the latter case, the body or person is a public body to the extent only of those functions;
p.000263: “relevant person” has the meaning given by section 260(7).
p.000263:
p.000263: 276 Dissolution of predecessor body
p.000263: The Special Health Authority known as the Health and Social Care Information Centre is abolished.
p.000263:
p.000263: 277 Consequential provision
p.000263: Schedule 19 (which contains consequential provision) has effect.
p.000263: PART 10
p.000263: ABOLITION OF CERTAIN PUBLIC BODIES ETC
p.000263:
p.000263: 278 The Alcohol Education and Research Council
p.000263: (1) The Alcohol Education and Research Council is abolished.
p.000263: (2) The Licensing (Alcohol Education and Research) Act 1981 is repealed.
p.000263: (3) Part 1 of Schedule 20 (which contains consequential amendments and savings) has effect.
p.000263:
p.000263: 279 The Appointments Commission
p.000263: (1) The Appointments Commission is abolished.
p.000263: (2) Part 5 of the Health Act 2006 (which established the Commission) is repealed.
p.000263:
p.000264: 264
p.000264: Health and Social Care Act 2012 (c. 7) Part 10 — Abolition of certain public bodies etc
p.000264:
p.000264: (3) Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect.
p.000264:
p.000264: 280 The National Information Governance Board for Health and Social Care
p.000264: (1) The National Information Governance Board for Health and Social Care is abolished.
p.000264: (2) Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board).
p.000264: (3) After section 20 of the Health and Social Care Act 2008 insert—
p.000264: “20A Functions relating to processing of information by registered persons
p.000264: (1) The Commission has the following functions in relation to the processing of relevant
p.000264: information—
p.000264: (a) to monitor the practice followed by registered persons in relation to such processing, and
p.000264: (b) to keep the National Health Service Commissioning Board and Monitor informed about the practice being
p.000264: followed by registered persons in relation to such processing.
p.000264: (2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons
p.000264: in relation to the processing of relevant information.
p.000264: (3) In this section “relevant information” means—
p.000264: (a) patient information,
p.000264: (b) any other information obtained or generated in the course of the provision of the health service continued under
p.000264: section 1 of the National Health Service Act 2006,
p.000264: (c) any other information obtained or generated in the course of the exercise by an English local authority of its
p.000264: adult social services functions, and
p.000264: (d) any other information obtained or generated in the course of the carrying on by an English local authority
p.000264: of adult placement schemes in connection with which arrangements are made for the provision of personal care.
p.000264: (4) In subsection (3) “patient information” means—
p.000264: (a) information (however recorded) which relates to the physical or mental health or condition of an
p.000264: individual (“P”), to the diagnosis of P’s condition or to P’s care or treatment, and
p.000264: (b) information (however recorded) which is to any extent derived, directly or indirectly, from that information,
p.000264: whether or not the identity of the individual in question is ascertainable from the information.
p.000264: (5) In this section—
p.000264: “adult placement scheme” and “personal care” each have such meaning as they have from time to time in
p.000264: regulations under section 20;
p.000264: “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;
p.000264:
p.000264: Health and Social Care Act 2012 (c. 7)
p.000264: Part 10 — Abolition of certain public bodies etc
p.000265: 265
p.000265:
p.000265: “registered person” means a person registered under this Chapter as a manager or service provider in respect of
p.000265: a regulated activity.”
p.000265: (4) In section 80(3) of that Act (persons Commission must consult before publishing code of
p.000265: practice on confidential personal information), for paragraph (a) substitute—
p.000265: “(a) the National Health Service Commissioning Board,”.
p.000265: (5) In section 252 of the National Health Service Act 2006 (consultation before making regulations on
p.000265: control of patient information), in subsection (1), for “the National Information Governance Board for Health
p.000265: and Social Care” substitute “the Care Quality Commission”; and in consequence of that—
p.000265: (a) for the title to that section substitute “Consultation with the Care Quality Commission”, and
p.000265: (b) in section 271(3)(g) of that Act—
p.000265: (i) for “sections” substitute “section”, and
p.000265: (ii) omit “and 252 (consultation with National Information Governance Board)”.
p.000265: (6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social
p.000265: Care Act 2008 so as to appoint a committee, to be known as “the National Information Governance Committee”, until 31
p.000265: March 2015.
p.000265: (7) The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with
p.000265: the exercise of its functions relating to the processing of relevant information within the meaning of section
p.000265: 20A of the Health and Social Care Act 2008.
p.000265: (8) Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect.
p.000265:
p.000265: 281 The National Patient Safety Agency
p.000265: (1) The National Patient Safety Agency is abolished.
p.000265: (2) The National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743) is revoked.
p.000265: (3) In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co- operation), omit subsection (2).
p.000265:
p.000265: 282 The NHS Institute for Innovation and Improvement
p.000265: (1) The NHS Institute for Innovation and Improvement is abolished.
p.000265: (2) The NHS Institute for Innovation and Improvement (Establishment and Constitution) Order 2005 (S.I.
p.000265: 2005/1446) is revoked.
p.000265:
p.000265: 283 Standing advisory committees
p.000265: (1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State’s standing
p.000265: advisory committees).
p.000265: (2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph
p.000265: 13.
p.000265:
p.000266: 266
p.000266: Health and Social Care Act 2012 (c. 7) Part 10 — Abolition of certain public bodies etc
p.000266:
p.000266: (3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of
p.000266: the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint
p.000266: Committee on Vaccination and Immunisation) made under that section.
p.000266: PART 11
p.000266: MISCELLANEOUS
p.000266:
p.000266: Information relating to births and deaths etc.
p.000266:
p.000266: 284 Special notices of births and deaths
p.000266: (1) Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as
p.000266: follows.
p.000266: (2) For subsection (2) substitute—
p.000266: “(2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in
p.000266: accordance with regulations the particulars of such births or deaths entered in a register of births or
p.000266: deaths kept for the registrar’s sub-district as may be prescribed.”
p.000266: (3) In subsection (4) for “the Primary Care Trust for the area in which the birth takes place” substitute “such
p.000266: relevant body or bodies as may be determined in accordance with regulations”.
p.000266: (4) In subsection (6)—
p.000266: (a) after “under subsection (4)” insert “to a relevant body”, and
p.000266: (b) for “the Primary Care Trust” (in each place where it occurs) substitute “the body”.
p.000266: (5) In subsection (7)—
p.000266: (a) for “A Primary Care Trust” substitute “A relevant body to whom notice is required to be given under subsection
p.000266: (4)”, and
p.000266: (b) for “any medical practitioner or midwife residing or practising within its area” substitute “such
p.000266: descriptions of medical practitioners or midwives as may be prescribed”.
p.000266: (6) In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant body or bodies to
p.000266: whom the failure relates”.
p.000266: (7) In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a relevant body”.
p.000266: (8) After subsection (10) insert—
p.000266: “(11) For the purposes of this section, the following are relevant bodies—
p.000266: (a) the National Health Service Commissioning Board,
p.000266: (b) clinical commissioning groups,
p.000266: (c) local authorities.
p.000266: (12) Information received by a local authority by virtue of this section may be used by it only for the
p.000266: purposes of functions exercisable by it in relation to the health service.
p.000266: (13) In this section, “local authority” has the same meaning as in section 2B.”
p.000266:
p.000266: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000267: 267
p.000267:
p.000267: (9) Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if
p.000267: Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section.
p.000267:
p.000267: 285 Provision of information by Registrar General
p.000267: (1) Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended
p.000267: as follows.
p.000267: (2) In subsection (1) —
p.000267: (a) for “the Secretary of State” substitute “any of the following persons”, and
p.000267: (b) at the end insert “—
p.000267: (a) the Secretary of State,
p.000267: (b) the Board,
p.000267: (c) a clinical commissioning group,
p.000267: (d) a local authority,
p.000267: (e) the National Institute for Health and Care Excellence,
p.000267: (f) the Health and Social Care Information Centre,
p.000267: (g) a Special Health Authority which has functions that are exercisable in relation to England,
p.000267: (h) the Care Quality Commission, and
p.000267: (i) such other persons as the Secretary of State may specify in a direction.”
p.000267: (3) In subsection (2) —
p.000267: (a) for “the Secretary of State” substitute “the person to whom the information is provided”, and
p.000267: (b) for “his functions” substitute “functions exercisable by the person”.
p.000267: (4) After subsection (4) insert—
p.000267: “(5) In this section, “local authority” has the same meaning as in section 2B.”
p.000267:
p.000267: 286 Provision of information by Registrar General: Wales
p.000267: (1) Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar
p.000267: General) is amended as follows.
p.000267: (2) In subsection (1) —
p.000267: (a) for “the Welsh Ministers” substitute “any of the following persons”, and
p.000267: (b) at the end insert “—
p.000267: (a) the Welsh Ministers,
p.000267: (b) a Special Health Authority which has functions that are exercisable in relation to Wales,
p.000267: (c) a Local Health Board,
p.000267: (d) an NHS trust established under section 18, and
p.000267: (e) such other persons as the Welsh Ministers may specify in a direction.”
p.000267: (3) In subsection (2) —
p.000267:
p.000268: 268
p.000268: Health and Social Care Act 2012 (c. 7)
p.000268: Part 11 — Miscellaneous
p.000268:
p.000268: (a) for “the Welsh Ministers” substitute “the person to whom the information is provided”, and
p.000268: (b) for “their functions” substitute “functions exercisable by the person”.
p.000268:
p.000268: 287 Provision of statistical information by Statistics Board
p.000268: (1) Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and
p.000268: deaths etc) is amended as follows.
p.000268: (2) For subsection (4) substitute—
p.000268: “(4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection
p.000268: (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by
p.000268: analysing any such information, if—
p.000268: (a) the information consists of statistics and is disclosed for the purpose of assisting the person in the
p.000268: performance of functions exercisable by it in relation to the health service, or
p.000268: (b) the information is disclosed for the purpose of assisting the person to produce or to analyse
p.000268: statistics for the purpose of assisting the person, or any other person mentioned in subsection
p.000268: (4A), in the performance of functions exercisable by it in relation to the health service.
p.000268: (4A) Those persons are—
p.000268: (a) the Secretary of State,
p.000268: (b) the Welsh Ministers,
p.000268: (c) the National Health Service Commissioning Board,
p.000268: (d) a clinical commissioning group,
p.000268: (e) a local authority,
p.000268: (f) a Local Health Board,
p.000268: (g) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006,
p.000268: (h) the National Institute for Health and Care Excellence,
p.000268: (i) the Health and Social Care Information Centre,
p.000268: (j) a Special Health Authority,
p.000268: (k) the Care Quality Commission, and
p.000268: (l) such other persons as the appropriate authority may specify in a direction given for the purposes of this
p.000268: section.
p.000268: (4B) For the purposes of subsection (4A)(l), the appropriate authority is—
p.000268: (a) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and
p.000268: (b) in any other case, the Secretary of State.”
p.000268: (3) After subsection (5) insert—
p.000268: “(5A) A direction under subsection (4A)(l) must be given by an instrument in writing.
p.000268: (5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the
p.000268: Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000268: direction under that Act.
p.000268:
p.000268: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000269: 269
p.000269:
p.000269: (5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of
p.000269: the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a
p.000269: direction under that Act.”
p.000269: (4) After subsection (6) insert— “(7) In subsection (4A)—
p.000269: “clinical commissioning group” and “Special Health Authority” have the same meaning as in the National Health
p.000269: Service Act 2006;
p.000269: “local authority” has the same meaning as in section 2B of that Act of 2006.”
p.000269:
p.000269: Duties to co-operate
p.000269:
p.000269: 288 Monitor: duty to co-operate with Care Quality Commission
p.000269: (1) Monitor must co-operate with the Care Quality Commission in the exercise of their respective functions.
p.000269: (2) In particular Monitor must—
p.000269: (a) give the Commission any information Monitor has about the provision of health care services which Monitor
p.000269: or the Commission considers would assist the Commission in the exercise of its functions,
p.000269: (b) make arrangements with the Commission to ensure that—
p.000269: (i) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social
p.000269: Care Act 2008 may do so by way of a single application form,
p.000269: (ii) such a person is granted a licence under that Chapter and registration under that Act by way of a
p.000269: single document, and
p.000269: (c) seek to secure that the conditions included in a licence under that Chapter in a case within
p.000269: paragraph (b) are consistent with any conditions on the person’s registration under that Act.
p.000269: (3) Without prejudice to subsection (2)(a) Monitor must, on request, provide the Commission with any material
p.000269: relevant to the exercise of Monitor’s functions pursuant to section 73(2), so far as the material relates to the
p.000269: provision of health care services.
p.000269: (4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to
p.000269: registration under Chapter 2 of Part 1 of that Act.
p.000269:
p.000269: 289 Care Quality Commission: duty to co-operate with Monitor
...
p.000270: (b) the National Institute for Health and Care Excellence,
p.000270: (c) the Health and Social Care Information Centre, and
p.000270: (d) Special Health Authorities which have functions that are exercisable in relation to England.
p.000270: (4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that
p.000270: has functions relating to health.
p.000270: (5) Where Monitor or the Care Quality Commission regulates an activity of a relevant body, the duty
p.000270: imposed by subsection (1) or (as the case may be) subsection (2) does not apply to—
p.000270: (a) the exercise by Monitor or by the Commission of its function of regulating that activity;
p.000270: (b) the exercise by the relevant body of any function in so far as it involves carrying on that activity.
p.000270:
p.000270: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000271: 271
p.000271:
p.000271: (6) A reference in this section to regulating an activity includes a reference to—
p.000271: (a) authorising the carrying on of the activity, imposing restrictions on the carrying on of the activity, and
p.000271: exercising functions in relation to such authorisations or restrictions;
p.000271: (b) enforcing the performance of an obligation imposed (whether or not by provision made by or under an enactment)
p.000271: with respect to the carrying on of the activity;
p.000271: (c) issuing guidance on the carrying on of the activity, the authorisation of the activity, restrictions on the
p.000271: activity, or the performance of obligation imposed with respect to the carrying on of the activity.
p.000271: (7) For the purposes of this section and section 291, the functions of a Special Health Authority
p.000271: include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006
p.000271: (directions by Secretary of State).
p.000271: (8) References in this section and section 291 to functions are references to functions so far as
p.000271: exercisable in relation to England.
p.000271:
p.000271: 291 Breaches of duties to co-operate
p.000271: (1) If the Secretary of State is of the opinion that bodies subject to a relevant co- operation duty have breached
p.000271: or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written
p.000271: notice of the Secretary of State’s opinion to each body.
p.000271: (2) The relevant co-operation duties are—
p.000271: (a) the duty under section 288 (co-operation by Monitor with the Care Quality Commission),
p.000271: (b) the duties under section 290(1) and (2),
p.000271: (c) the duty under section 70 of the Health and Social Care Act 2008 (co- operation by the Care Quality Commission
p.000271: with Monitor),
p.000271: (d) any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their
p.000271: respective functions.
p.000271: (3) The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of
p.000271: State considers appropriate.
p.000271: (4) Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is
p.000271: satisfied that—
p.000271: (a) the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach
...
p.000273: “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department.
p.000273:
p.000274: 274
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: 296 Arrangements between the Board and Scottish Ministers etc.
p.000274: (1) The National Health Service Commissioning Board may make arrangements with the Scottish Ministers or a
p.000274: Scottish health body for the Board to commission services for the purposes of the Scottish health service.
p.000274: (2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the
p.000274: arrangements.
p.000274: (3) Those terms and conditions may include provision with respect to the making of payments to the National Health
p.000274: Service Commissioning Board in respect of the cost to it of giving effect to the arrangements.
p.000274: (4) In this section—
p.000274: “commission” means arrange for the provision of, and “Scottish health body” means—
p.000274: (a) a Health Board or Special Health Board constituted under section 2 of the National Health Service
p.000274: (Scotland) Act 1978, and
p.000274: (b) the Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.
p.000274:
p.000274: 297 Relationships between the health services
p.000274: Schedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom)
p.000274: has effect.
p.000274:
p.000274: 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands
p.000274: (1) The National Health Service Commissioning Board or a clinical commissioning group may provide advice or
p.000274: assistance to any public authority in the Isle of Man or Channel Islands.
p.000274: (2) Advice or assistance under subsection (1) may be provided on such terms, including terms as to
p.000274: payment, as the Board or (as the case may be) the clinical commissioning group considers appropriate.
p.000274:
p.000274: Supervised community treatment under the Mental Health Act 1983
p.000274:
p.000274: 299 Certificate of consent of community patients to treatment
p.000274: (1) Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital) is amended as
p.000274: follows.
p.000274: (2) In section 64C (treatment of adult community patients), after subsection (4) insert—
p.000274: “(4A) Where there is authority to give treatment by virtue of subsection (2)(a), the certificate requirement is also
p.000274: met in respect of the treatment if the approved clinician in charge of the treatment has certified in writing that the
p.000274: patient has capacity to consent to the treatment and has consented to it.
p.000274: (4B) But, if the patient has not attained the age of 18, subsection (4A) does not apply to section 58A type
p.000274: treatment.”
p.000274:
p.000274: Health and Social Care Act 2012 (c. 7)
p.000274: Part 11 — Miscellaneous
p.000274:
p.000274: (3) In section 64E (treatment of child community patients), in subsection (7)—
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
...
p.000276: of State in relation to the making of a property transfer scheme or a staff transfer scheme in connection with the
p.000276: abolition of—
p.000276: (a) one or more Primary Care Trusts specified in the direction, or
p.000276: (b) one or more Strategic Health Authorities so specified.
p.000276: (5) Where the Secretary of State gives a direction under subsection (4), the Secretary of State may give
p.000276: directions to the Board or (as the case may be) the company about its exercise of the functions.
p.000276: (6) For the purposes of this section and section 301—
p.000276: (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of
p.000276: employment, and
p.000276: (b) the terms of the individual’s employment in the civil service are to be regarded as constituting the terms of
p.000276: the contract of employment.
p.000276:
p.000276: Health and Social Care Act 2012 (c. 7) Part 11 — Miscellaneous
p.000277: 277
p.000277:
p.000277: (7) In this section and sections 301 and 302 references to the transfer of property include references to the grant
p.000277: of a lease.
p.000277: (8) In this section and Schedules 22 and 23, “qualifying company” means—
p.000277: (a) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned
p.000277: by the Secretary of State or the Board, or
p.000277: (b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of
p.000277: State.
p.000277: (9) In section 301 and Schedules 22 and 23— “local authority” means—
p.000277: (a) a county council in England;
p.000277: (b) a district council in England, other than a council for a district in a county for which there is a county
p.000277: council;
p.000277: (c) a London borough council;
p.000277: (d) the Council of the Isles of Scilly;
p.000277: (e) the Common Council of the City of London;
p.000277: “public authority” means any body or other person which has functions conferred by or under an Act or by royal charter.
p.000277:
p.000277: 301 Transfer schemes: supplemental
p.000277: (1) The things that may be transferred under a property transfer scheme or a staff transfer scheme include—
p.000277: (a) property, rights and liabilities that could not otherwise be transferred;
p.000277: (b) property acquired, and rights and liabilities arising, after the making of the scheme;
p.000277: (c) criminal liabilities but only where the transfer is to a person mentioned in subsection (2).
p.000277: (2) Those persons are—
p.000277: (a) the National Health Service Commissioning Board;
p.000277: (b) a clinical commissioning group;
p.000277: (c) a local authority;
p.000277: (d) the Care Quality Commission;
p.000277: (e) Monitor;
p.000277: (f) the National Institute for Health and Care Excellence;
p.000277: (g) the Health and Social Care Information Centre;
p.000277: (h) the Health and Care Professions Council;
p.000277: (i) a public authority other than a Minister of the Crown.
p.000277: (3) A property transfer scheme or a staff transfer scheme may make supplementary, incidental,
p.000277: transitional and consequential provision and may in particular—
p.000277: (a) create rights, or impose liabilities, in relation to property or rights transferred;
p.000277: (b) make provision about the continuing effect of things done by the transferor in respect of anything
p.000277: transferred;
p.000277: (c) make provision about the continuation of things (including legal proceedings) in the process of being
p.000277: done by, on behalf of or in relation to the transferor in respect of anything transferred;
p.000277:
p.000278: 278
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 11 — Miscellaneous
p.000278:
p.000278: (d) make provision for references to the transferor in an instrument or other document in respect of
p.000278: anything transferred to be treated as references to the transferee.
p.000278: (4) A property transfer scheme may make provision for the shared ownership or use of property.
p.000278: (5) A staff transfer scheme may make provision which is the same or similar to the TUPE regulations.
p.000278: (6) A property transfer scheme or a staff transfer scheme may provide—
p.000278: (a) for the scheme to be modified by agreement after it comes into effect, and
p.000278: (b) for any such modifications to have effect from the date when the original scheme comes into effect.
p.000278: (7) Where a Primary Care Trust, a Strategic Health Authority or a Special Health Authority is abolished by this
p.000278: Act, the Secretary of State must exercise the powers conferred by section 300 and this section so as to secure
p.000278: that all the body’s liabilities (other than criminal liabilities) are dealt with.
p.000278: (8) In this section, “TUPE regulations” means the Transfer of Undertakings (Protection of Employment)
p.000278: Regulations 2006 (SI 2006/246).
p.000278:
p.000278: 302 Subsequent property transfer schemes
p.000278: (1) This section applies in relation to any property, rights or liabilities which are transferred under a
p.000278: property transfer scheme under section 300(1) from a Primary Care Trust, a Strategic Health Authority or the
p.000278: Secretary of State to a Special Health Authority or a qualifying company.
p.000278: (2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from
p.000278: the Special Health Authority or the qualifying company to any body or other person mentioned in the
p.000278: second column of Schedule 22.
p.000278: (3) Subsections (1) to (4) and (6) of section 301 apply in relation to a scheme under subsection (2) as they apply
p.000278: in relation to a property transfer scheme under section 300(1).
p.000278:
p.000278: PART 12
p.000278: FINAL PROVISIONS
p.000278:
p.000278: 303 Power to make consequential provision
p.000278: (1) The Secretary of State may by order make provision in consequence of this Act.
p.000278: (2) An order under this section may, in particular—
p.000278: (a) amend, repeal, revoke or otherwise modify any enactment;
p.000278: (b) include transitional, transitory or saving provision in connection with the commencement of provision made by
p.000278: the order.
p.000278: (3) Transitory provision by virtue of subsection (2)(b) may, in particular, modify the application of provision made
p.000278: by the order pending the commencement of—
p.000278: (a) another provision of the order,
p.000278:
p.000278: Health and Social Care Act 2012 (c. 7)
p.000278: Part 12 — Final provisions
p.000278:
p.000278: (b) a provision of this Act,
p.000278: (c) any other enactment.
p.000279: 279
p.000279: (4) Before making an order under this section that contains provision which would, if included in an
p.000279: Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of
p.000279: State must consult the Scottish Ministers.
p.000279: (5) The power conferred by this section is not restricted by any other provision of this Act.
p.000279: (6) In this section, “enactment” includes—
...
p.000281: (ix) paragraph 7 of Schedule 6 (direction to Board to exercise functions of Secretary of State relating to
p.000281: Primary Care Trusts), and
p.000281: (b) must, in the case of any other direction, be given by an instrument in writing.
p.000281: (13) A direction under or by virtue of this Act by any other person (or persons) must be given by an instrument in
p.000281: writing.
p.000281:
p.000281: 305 Financial provision
p.000281: There is to be paid out of money provided by Parliament—
p.000281: (a) any expenditure incurred by virtue of this Act by the Secretary of State, and
p.000281: (b) any increase attributable to this Act in the sums payable under any other Act out of money so
p.000281: provided.
p.000281:
p.000281: 306 Commencement
p.000281: (1) The following provisions come into force on the day on which this Act is passed—
p.000281: (a) section 219 (Health and Care Professions Council: power to make arrangements with other health or
p.000281: social care regulators);
p.000281:
p.000282: 282
p.000282: Health and Social Care Act 2012 (c. 7)
p.000282: Part 12 — Final provisions
p.000282:
p.000282: (b) section 221(3) (power of Secretary of State to make arrangements with Health and Care Professions Council to
p.000282: discharge General Social Care Council’s functions during period preceding abolition);
p.000282: (c) the provisions of this Part;
p.000282: (d) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which
p.000282: this Act is passed of any power to make an order or regulations or to give directions that is conferred by the
p.000282: provision or an amendment made by it.
p.000282: (2) Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint.
p.000282: (3) In subsection (2) “the appropriate authority” means—
p.000282: (a) in relation to England, the Secretary of State;
p.000282: (b) in relation to Wales, the Welsh Ministers.
p.000282: (4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
p.000282: (5) Different days may be appointed under subsection (2) or (4) for different purposes (including
p.000282: different areas).
p.000282: (6) Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a
p.000282: provision of this Act pending the commencement of—
p.000282: (a) another provision of this Act, or
p.000282: (b) any other enactment (within the meaning of section 303).
p.000282: (7) An order under subsection (4) which brings paragraph 17 of Schedule 1A to the National Health Service Act 2006
p.000282: (inserted by Schedule 2) into force may make provision—
p.000282: (a) for the duty of a clinical commissioning group under sub-paragraph (1) or (2) of that paragraph not to apply in
p.000282: relation to the whole or any part of the initial period (within the meaning of Schedule 6), and
p.000282: (b) for the duty of the Board under paragraph 16 of Schedule A1 to that Act (inserted by Schedule 1) to have
p.000282: effect subject to such modifications specified in the order as the Secretary of State considers appropriate in
p.000282: consequence of the provision made under paragraph (a).
p.000282: (8) Where a provision of this Act (or an amendment made by it) requires consultation to take place,
p.000282: consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as
p.000282: consultation undertaken after that commencement.
p.000282:
p.000282: 307 Commencement: consultation with Scottish Ministers
p.000282: (1) The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating
p.000282: to—
p.000282: (a) section 58 (radiation protection functions), so far as relating to the Scottish Ministers,
p.000282: (b) section 60 (co-operation in relation to public health functions), so far as relating to the exercise of
p.000282: functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section
p.000282: applies,
p.000282:
p.000282: Health and Social Care Act 2012 (c. 7) Part 12 — Final provisions
p.000283: 283
p.000283:
p.000283: (c) section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and
p.000283: Social Care to pay fee), so far as relating to the Scottish Ministers,
p.000283: (d) section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as
p.000283: relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule
p.000283: 5 to the Scotland Act 1998 (health professions),
p.000283: (e) section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so
p.000283: far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable
p.000283: in relation to—
p.000283: (i) unregulated health professionals in Scotland, unregulated health care workers in Scotland or
p.000283: relevant students in Scotland,
p.000283: (ii) a body that maintains a register of persons within sub- paragraph (i),
p.000283: (iii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act
p.000283: 1998, or
p.000283: (iv) a body that regulates a profession within sub-paragraph (iii),
p.000283: (f) section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise
p.000283: regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall
p.000283: within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),
p.000283: (g) section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to
p.000283: lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,
p.000283: (h) section 227 (appointments to regulatory bodies), so far as relating to—
p.000283: (i) the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that
p.000283: section, or
p.000283: (ii) subsection (4) of that provision,
p.000283: (i) section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of
p.000283: relevant registers,
p.000283: (j) section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional
p.000283: Standards Authority for Health and Social Care in relation to relevant registers,
p.000283: (k) Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional
p.000283: Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in
p.000283: question, and
p.000283: (l) paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to
p.000283: the relationships between the health services) and section 297 so far as relating to those paragraphs.
p.000283: (2) In this section—
p.000283: “relevant registers” means—
p.000283: (a) registers of unregulated health professionals in Scotland,
p.000283: (b) registers of unregulated health care workers in Scotland, or
p.000283: (c) registers of relevant students in Scotland,
p.000283: “relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming—
p.000283: (a) an unregulated health professional,
p.000283:
p.000284: 284
p.000284: Health and Social Care Act 2012 (c. 7) Part 12 — Final provisions
p.000284:
p.000284: (b) an unregulated health care worker, or
p.000284: (c) a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
p.000284: “unregulated health professional” means a person who is or has been practising as an unregulated health
p.000284: professional (within the meaning of the provisions inserted by section 228) and “unregulated health
p.000284: professional in Scotland” means a person who is or has been practising as such in Scotland, and
p.000284: “unregulated health care worker” means a person who is or has been engaged in work as an unregulated
p.000284: health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means
p.000284: a person who is or has been engaged in such work in Scotland.
p.000284:
p.000284: 308 Extent
p.000284: (1) Subject to subsections (2) to (5), this Act extends to England and Wales only.
p.000284: (2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or
p.000284: revoked.
p.000284: (3) The following provisions extend to England and Wales, Scotland and Northern Ireland—
p.000284: (a) section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006;
p.000284: (b) sections 56(1) and (3), 57, 58 and 60 (public health functions);
p.000284: (c) section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.);
p.000284: (d) section 214(1) (the Health and Care Professions Council);
p.000284: (e) section 222(1) (the Professional Standards Authority for Health and Social Care);
p.000284: (f) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.);
p.000284: (g) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions
p.000284: Adjudicator);
p.000284: (h) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission);
p.000284: (i) sections 300 and 301 (transfer schemes) insofar as they confer powers in connection with the abolition of the
p.000284: Health Protection Agency;
p.000284: (j) this Part.
p.000284: (4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland.
p.000284: (5) The Secretary of State may by order provide that specified provisions of this Act, in their application
p.000284: to the Isles of Scilly, have effect with such modifications as may be specified.
p.000284:
p.000284: 309 Short title
p.000284: This Act may be cited as the Health and Social Care Act 2012.
p.000284:
p.000284: Health and Social Care Act 2012 (c. 7)
p.000284: Schedule 1 — The National Health Service Commissioning Board
p.000285: 285
p.000285:
p.000285:
p.000285:
p.000285: SCHEDULES
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285:
p.000285: Status
p.000285: SCHEDULE 1 Section 9(2)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: “SCHEDULE A1 Section 1H(4)
p.000285: THE NATIONAL HEALTH SERVICE COMMISSIONING BOARD
p.000285: 1 (1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or
p.000285: immunity of the Crown.
...
p.000300: (7) The Secretary of State may direct the Board that an element of pharmaceutical remuneration specified in
p.000300: the direction is not to be included in a determination under sub-paragraph (1).
p.000300: (8) In determining the amount to be allotted to a clinical commissioning group for the
p.000300: purposes of section 223G, the Board must take into account the effect of this Schedule.
p.000300: (9) For the purposes of sections 223H and 223I(3) and paragraph 17 of Schedule 1A, any amount of which a
p.000300: clinical commissioning group is notified under sub-paragraph (6) is to be treated as expenditure of the
p.000300: group which is attributable to the performance by it of its functions in the year in question.
p.000300: Other pharmaceutical remuneration
p.000300: 3 (1) This paragraph applies in relation to pharmaceutical remuneration paid in a
p.000300: financial year other than—
p.000300: (a) designated elements of such remuneration, and
p.000300: (b) remuneration of a prescribed description.
p.000300: (2) The Board may require a person to reimburse the Board for any pharmaceutical remuneration to which this paragraph
p.000300: applies if the drugs or services to which the remuneration relates were—
p.000300: (a) ordered by that person, or
p.000300: (b) ordered in the course of the delivery of a service arranged by that person.
p.000300: (3) Any sum payable to the Board by virtue of sub-paragraph (2) may be recovered summarily as a civil debt (but this
p.000300: does not affect any other method of recovery).
p.000300: Exercise of functions
p.000300: 4 The Board may, with the consent of the Secretary of State—
p.000300: (a) direct a Special Health Authority to exercise any functions of the Board under this Schedule, or
p.000300: (b) arrange for any other person to exercise any of those functions.”
p.000300:
p.000300: Health and Social Care Act 2012 (c. 7)
p.000300: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000301: 301
p.000301: SCHEDULE 4 Section 55(1)
p.000301: AMENDMENTS OF THE NATIONAL HEALTH SERVICE ACT 2006 PART 1
p.000301: THE HEALTH SERVICE IN ENGLAND
p.000301: 1 (1) For section 2 substitute—
p.000301: “2 General power
p.000301: The Secretary of State, the Board or a clinical commissioning group may do anything which is calculated to facilitate,
p.000301: or is conducive or incidental to, the discharge of any function conferred on that person by this Act.”
p.000301: (2) For the cross-heading preceding section 2 substitute “General power”.
p.000301: 2 (1) Section 6 (performance of functions outside England) is amended as follows.
p.000301: (2) For subsection (1) substitute—
p.000301: “(1) Where the Secretary of State has a duty or power to provide anything under section 2A or 2B or Schedule 1, that
p.000301: thing may be provided outside England.”
p.000301: (3) After subsection (1) insert—
p.000301: “(1A) Where a clinical commissioning group or the Board has a duty or power to arrange for the provision of anything
p.000301: under section 3, 3A, 3B or 4 or Schedule 1, it may arrange for that thing to be provided outside England.”
p.000301: (4) In subsection (2) for “The Secretary of State’s functions” substitute “The functions of the Secretary
p.000301: of State, the Board and clinical commissioning groups”.
p.000301: 3 (1) Section 6A (reimbursement of cost of services provided in another EEA state) is amended as
p.000301: follows.
p.000301: (2) In subsection (3)(b) after “Secretary of State” insert “, the Board”.
p.000301: (3) In subsection (7) after “Secretary of State” insert “, the Board”.
p.000301: (4) In subsection (8) in each of paragraphs (a) and (b)—
p.000301: (a) after “Secretary of State” insert “, the Board”, and
p.000301: (b) for “either of them” substitute “any of them”.
p.000301: (5) In subsection (9), after “Secretary of State” (in the second place it occurs) insert “, the Board”.
p.000301: (6) In subsection (11), in the definition of “responsible authority”—
p.000301: (a) omit “Strategic Health Authority or”,
p.000301: (b) omit “Primary Care Trust”,
p.000301: (c) before “responsible under” insert “a local authority or clinical commissioning group”, and
p.000301: (d) for “securing” substitute “arranging for”.
p.000301:
p.000302: 302
p.000302: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000302: Part 1 — The health service in England
p.000302: 4 (1) Section 6B (prior authorisation for the purposes of section 6A) is amended as follows.
p.000302: (2) In subsection (2)(b) after “Secretary of State” insert “, the Board”.
p.000302: (3) In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of State” insert “, the Board”.
p.000302: 5 (1) In section 8 (Secretary of State’s directions to health service bodies), in subsection (2)—
p.000302: (a) omit paragraph (a), and
p.000302: (b) omit paragraph (b).
p.000302: (2) In the heading to that section after “to” insert “certain”.
p.000302: (3) Before section 8 insert the following cross-heading “Directions to certain NHS bodies”.
p.000302: 6 (1) Section 9 (NHS contracts) is amended as follows.
p.000302: (2) In subsection (4)—
p.000302: (a) before paragraph (a) insert—
p.000302: “(za) the Board,
p.000302: (zb) a clinical commissioning group,”,
p.000302: (b) omit paragraph (a), and
p.000302: (c) omit paragraph (b).
p.000302: 7 In section 11 (arrangements to be treated as NHS contracts), in subsection (1)—
p.000302: (a) after “under which” insert “the Board,”,
p.000302: (b) omit “a Strategic Health Authority,” and
p.000302: (c) omit “a Primary Care Trust”.
p.000302: 8 (1) Section 12 (arrangements with other bodies) is amended as follows.
p.000302: (2) In subsection (1) for “any service under this Act” substitute “anything which the Secretary of State has a
p.000302: duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”.
p.000302: (3) For subsection (2) substitute—
p.000302: “(2) The bodies with whom arrangements may be made under subsection
p.000302: (1) include—
p.000302: (a) the Board,
p.000302: (b) clinical commissioning groups,
p.000302: (c) any other public authorities, and
p.000302: (d) voluntary organisations.”
p.000302: (4) For subsection (3) substitute—
p.000302: “(3) The Secretary of State may make available any facilities provided by the Secretary of State under section 2A or
p.000302: 2B or Schedule 1 to any service provider or to any eligible voluntary organisation.
p.000302: (3A) In subsection (3)—
p.000302: “eligible voluntary organisation” means a voluntary organisation eligible for assistance under
p.000302: section 64 or section 65 of the Health Services and Public Health Act 1968;
p.000302:
p.000302: Health and Social Care Act 2012 (c. 7)
p.000302: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000303: 303
p.000303: “service provider” means a person or body with whom the Secretary of State has made an arrangement under
p.000303: subsection (1).”
p.000303: (5) In subsection (4)—
p.000303: (a) after paragraph (a) insert—
p.000303: “(aa) the Board,
p.000303: (ab) a clinical commissioning group, (ac) a local authority,”,
p.000303: (b) omit paragraph (b), and
p.000303: (c) omit paragraph (c).
p.000303: (6) After subsection (4) insert—
p.000303: “(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”
p.000303: (7) For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.
p.000303: 9 After section 12 insert—
p.000303: “12ZACommissioning arrangements by the Board or clinical commissioning groups
p.000303: (1) This section applies in relation to arrangements made by the Board or a clinical commissioning group in the
p.000303: exercise of functions under section 3, 3A, 3B or 4 or Schedule 1.
p.000303: (2) The arrangements may be made with any person or body (including public authorities and voluntary organisations).
p.000303: (3) If the Board or a clinical commissioning group arranges for the provision of facilities by a
p.000303: service provider, it may also make arrangements for those facilities to be made available to another
p.000303: service provider or to an eligible voluntary organisation.
p.000303: (4) The Board or a clinical commissioning group may make available any of its facilities to—
p.000303: (a) a service provider, or
p.000303: (b) an eligible voluntary organisation.
p.000303: (5) Where facilities are made available under subsection (4) any of the following persons may make available the
p.000303: services of any employee of that person who is employed in connection with the facilities—
p.000303: (a) the Secretary of State,
p.000303: (b) the Board,
p.000303: (c) a clinical commissioning group,
p.000303: (d) a Special Health Authority, or
p.000303: (e) a Local Health Board.
p.000303: (6) Goods or materials may be made available under this section either temporarily or permanently.
p.000303: (7) Any power to supply goods or materials under this section includes—
p.000303: (a) a power to purchase or store them, and
p.000303:
p.000304: 304
p.000304: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000304: Part 1 — The health service in England
p.000304:
p.000304: (b) a power to arrange with third parties for the supply of goods or materials by those third parties.
p.000304: (8) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of
p.000304: payments.
p.000304: (9) In this section—
p.000304: “eligible voluntary organisation” means a voluntary organisation eligible for assistance under
p.000304: section 64 or section 65 of the Health Services and Public Health Act 1968;
p.000304: “service provider” means a person or body with whom the Board or a clinical commissioning group
p.000304: has made arrangements in the exercise of the functions mentioned in subsection (1).”
p.000304: 10 (1) Section 12A (direct payments for health care) is amended as follows.
p.000304: (2) In subsection (1) after “The Secretary of State” insert “, the Board, a clinical commissioning group or a local
p.000304: authority”.
p.000304: (3) In subsection (2)—
p.000304: (a) for paragraph (a) substitute—
p.000304: “(a) anything that the Secretary of State or a local authority has a duty or power to provide or
p.000304: arrange under section 2A or 2B or Schedule 1;”,
p.000304: (b) after that paragraph insert—
p.000304: “(aa) anything that the Board or a clinical commissioning group may or must arrange for the provision of under this
p.000304: Act or any other enactment.”, and
p.000304: (c) omit paragraphs (b) and (c).
p.000304: (4) In subsection (4)—
p.000304: (a) for “a Primary Care Trust” substitute “a clinical commissioning group”,
p.000304: (b) for “the trust” substitute “the group”, and
p.000304: (c) at the end insert “; and the references in this subsection to a clinical commissioning group are, so far as
p.000304: necessary for the purposes of regulations under subsection (2E) of that section, to be read as
p.000304: references to the Board.”
p.000304: (5) In subsection (5), omit “or under regulations under subsection (4)”.
p.000304: (6) After subsection (6) insert—
p.000304: “(7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.”
p.000304: 11 (1) Section 12B (regulations about direct payments) is amended as follows.
p.000304: (2) In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the Primary Care Trust”
p.000304: substitute “, the Board, a clinical commissioning group or a local authority”.
p.000304: (3) In subsection (4) —
p.000304: (a) for “or the Primary Care Trust”, in the first place it occurs, substitute “, the Board, a clinical commissioning
p.000304: group or a local authority”, and
p.000304:
p.000304: Health and Social Care Act 2012 (c. 7)
p.000304: Schedule 4 — Amendments of the National Health Service Act 2006 Part 1 — The health service in England
p.000305: 305
p.000305: (b) for “or the Primary Care Trust”, in the second place it occurs, substitute “the Board, a clinical
p.000305: commissioning group or a local authority (as the case may be)”.
p.000305: (4) In subsection (5)—
p.000305: (a) in paragraph (a), after “the Secretary of State” insert “or a local authority or as arranged for by
p.000305: the Board or a clinical commissioning group (as the case may be)”, and
p.000305: (b) in paragraph (b) for “a Primary Care Trust with respect to the provision of” substitute “the Board, a
p.000305: clinical commissioning group or a local authority with respect to the arrangement for the provision of”.
p.000305: 12 In section 12D (arrangements with other bodies relating to direct payments)—
p.000305: (a) in subsection (1) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local
p.000305: authority”, and
p.000305: (b) in subsection (3) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local
p.000305: authority”.
p.000305: PART 2 NHS BODIES
p.000305: 13 In section 28 (special health authorities), omit subsection (6).
p.000305: 14 In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—
p.000305: (a) omit “, section 14”, and
p.000305: (b) omit “, section 19”.
p.000305: 15 Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).
p.000305: 16 In section 67 (effect of intervention orders), in subsection (1)—
p.000305: (a) in paragraph (a)—
p.000305: (i) omit “Strategic Health Authority,” and
p.000305: (ii) omit “Primary Care Trust,” and
p.000305: (b) in paragraph (b)—
p.000305: (i) omit “Strategic Health Authority,” and
p.000305: (ii) omit “Primary Care Trust,”.
p.000305: 17 In section 70 (transfer of residual liabilities)—
p.000305: (a) in subsection (1)—
p.000305: (i) omit “a Strategic Health Authority,”, and
p.000305: (ii) omit “a Primary Care Trust,”, and
p.000305: (b) in the heading, at the end insert “of certain health service bodies”.
p.000305: 18 (1) Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is
p.000305: amended as follows.
p.000305: (2) In subsection (2)—
p.000305: (a) after “are—” insert—
p.000305: “(za) the Board,
p.000305: (zb) clinical commissioning groups,”,
p.000305:
p.000306: 306
p.000306: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000306: Part 2 — NHS Bodies
p.000306: (b) omit paragraph (a),
p.000306: (c) omit paragraph (b),
p.000306: (d) after paragraph (h) (and before the “and” immediately following it) insert—
p.000306: “(ha) a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board,
p.000306: (hb) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,”, and
p.000306: (e) in paragraph (i)—
p.000306: (i) for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (hb)”, and
p.000306: (ii) for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to
p.000306: (h)”.
p.000306: (3) In subsection (2A)—
p.000306: (a) after paragraph (a) insert—
p.000306: “(ab) in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company’s activities in
p.000306: providing facilities or services to any person or body;”, and
p.000306: (b) in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs (za) to (h)”.
p.000306: (4) In subsection (3)(a)—
p.000306: (a) after “the Secretary of State” insert “or the Board”,
p.000306: (b) omit “Strategic Health Authority,”, and
p.000306: (c) omit “Primary Care Trust,”.
p.000306: (5) In subsection (5), for “(a) to (d),” substitute “(c), (d),”.
p.000306: (6) In subsection (6)—
p.000306: (a) after “the Secretary of State,” insert “the Board or”,
p.000306: (b) omit “Strategic Health Authority,” and
p.000306: (c) omit “Primary Care Trust,”.
p.000306: 19 In section 73 (directions and regulations), in subsection (1) omit paragraphs
p.000306: (c) to (f).
p.000306: 20 Omit Schedule 2.
p.000306: 21 Omit Schedule 3.
p.000306: 22 (1) Schedule 4 (NHS trusts) is amended as follows.
p.000306: (2) In paragraph (5)(1)(f), omit “Primary Care Trusts,”.
p.000306: (3) In paragraph 6—
p.000306: (a) in sub-paragraph (1) —
p.000306: (i) omit “Strategic Health Authority,” and
p.000306: (ii) omit “, Primary Care Trust”, and
p.000306: (b) in sub-paragraph (2) —
p.000306: (i) omit “Strategic Health Authority,” and
p.000306: (ii) omit “, Primary Care Trust”.
p.000306:
p.000306: Health and Social Care Act 2012 (c. 7)
p.000306: Schedule 4 — Amendments of the National Health Service Act 2006 Part 2 — NHS Bodies
p.000306: (4) In paragraph 7(3), omit “Strategic Health Authority,”.
p.000306: (5) In paragraph 8—
p.000307: 307
p.000307: (a) in sub-paragraph (1), omit “, Primary Care Trust” (in each place where it occurs), and
p.000307: (b) in sub-paragraph (4), omit “, Primary Care Trust”,
p.000307: (c) in sub-paragraph (5), omit “, Primary Care Trust” (in each place where it occurs),
p.000307: (d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and
p.000307: (e) in sub-paragraph (9)(b), omit “, Primary Care Trust”.
p.000307: (6) In paragraph 9—
p.000307: (a) in sub-paragraph (1)—
p.000307: (i) omit “a Strategic Health Authority,”, and
p.000307: (ii) omit “a Primary Care Trust,”,
p.000307: (b) in sub-paragraph (3)—
p.000307: (i) omit “Strategic Health Authority,”, and
p.000307: (ii) omit “Primary Care Trust,”,
p.000307: (c) in sub-paragraph (6)—
p.000307: (i) omit “a Strategic Health Authority,”, and
p.000307: (ii) omit “, a Primary Care Trust,”,
p.000307: (d) in sub-paragraph (7)—
p.000307: (i) in paragraph (a), omit “Strategic Health Authority,”,
p.000307: (ii) in that paragraph omit “or belong to a Primary Care Trust”, and
p.000307: (iii) in the words following paragraph (b)—
p.000307: (a) omit “Strategic Health Authority,”, and
p.000307: (b) omit “Primary Care Trust,”.
p.000307: (7) In paragraph 15, omit sub-paragraphs (2) and (3).
p.000307: (8) In paragraph 18—
p.000307: (a) omit “Strategic Health Authority,” and
p.000307: (b) omit “Primary Care Trust,”.
p.000307: (9) In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.
p.000307: (10) In paragraph 30, in sub-paragraph (1)—
p.000307: (a) omit “Strategic Health Authority,” and
p.000307: (b) omit “Primary Care Trust,”.
p.000307: 23 (1) Schedule 6 (special health authorities established under section 28) is amended as follows.
p.000307: (2) In paragraph 3(8)—
p.000307: (a) for “to a Strategic Health Authority” substitute “to the Board”, and
p.000307: (b) for “a Strategic Health Authority” substitute “the Board”.
p.000307: (3) In paragraph 3(12)—
p.000307: (a) in paragraph (a) for “of a Strategic Health Authority” substitute “of the Board”, and
p.000307: (b) in paragraph (b) omit “or by a Strategic Health Authority”.
p.000307: (4) In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.
p.000307:
p.000308: 308
p.000308: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000308: Part 3 — Local authorities
p.000308: PART 3 LOCAL AUTHORITIES
p.000308: 24 In section 74 (supply of goods and services by local authorities), in subsection (1)(a)—
p.000308: (a) at the beginning insert “the Board and”,
p.000308: (b) after “any” insert “clinical commissioning group or,”,
p.000308: (c) omit “Strategic Health Authority,” and
p.000308: (d) omit “or Primary Care Trust”.
p.000308: 25 In section 76 (power of local authorities to make payments), in subsection (1)—
p.000308: (a) after the first “to” insert “the Board, a clinical commissioning group”,
p.000308: (b) omit “a Strategic Health Authority,” and
p.000308: (c) omit “a Primary Care Trust”.
p.000308: 26 In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a Primary Care Trust or”.
p.000308: 27 In section 78 (directed partnership agreements), in subsection (3)—
p.000308: (a) omit paragraph (a), and
p.000308: (b) omit paragraph (b).
p.000308: 28 (1) Section 80 (supply of goods and services by the Secretary of State) is amended as follows.
p.000308: (2) In subsection (1)—
p.000308: (a) after “The Secretary of State” insert “, the Board or a clinical commissioning group”, and
p.000308: (b) in paragraph (b) for “he” substitute “the Secretary of State”.
p.000308: (3) In subsection (3)—
p.000308: (a) in paragraph (a) omit “or by a Primary Care Trust”, and
p.000308: (b) in paragraph (b)—
p.000308: (i) omit “a Strategic Health Authority,” and
p.000308: (ii) omit “a Primary Care Trust,”.
p.000308: (4) After subsection (3) insert—
p.000308: “(3A) The Board or a clinical commissioning group may make available to persons falling within subsection (1)—
p.000308: (a) any facilities the provision of which is arranged by the Board or (as the case may be) the clinical
p.000308: commissioning group under this Act (including by virtue of section 7A),
p.000308: (b) any facilities of the Board or (as the case may be) the group, and
p.000308: (c) the services of persons employed by the Board or (as the case may be) the group.”
p.000308: (5) In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may
p.000308: arrange for the carrying out of,”.
p.000308: (6) In subsection (5), for “The Secretary of State” substitute “The Board”.
p.000308: (7) In subsection (6)—
p.000308:
p.000308: Health and Social Care Act 2012 (c. 7)
p.000308: Schedule 4 — Amendments of the National Health Service Act 2006 Part 3 — Local authorities
p.000309: 309
p.000309: (a) in paragraph (a), after “provided” insert “by the Secretary of State”,
p.000309: (b) in paragraph (b)—
p.000309: (i) omit “a Strategic Health Authority,” and
p.000309: (ii) omit “a Primary Care Trust,” and
p.000309: (c) in paragraph (c)—
p.000309: (i) omit “a Strategic Health Authority,” and
p.000309: (ii) omit “a Primary Care Trust,”.
p.000309: (8) After subsection (6) insert—
p.000309: “(6A) The Board and each clinical commissioning group must make available to local authorities—
p.000309: (a) any services (other than the services of any person) or other facilities the provision of which is arranged by
p.000309: the Board or (as the case may be) the clinical commissioning group under this Act,
p.000309: (b) the services of persons employed by the Board or (as the case may be) the group, and
p.000309: (c) any facilities of the Board or (as the case may be) the group, so far as is reasonably necessary and
p.000309: practicable to enable local authorities to discharge their functions relating to social services, education
p.000309: and public health.”
p.000309: (9) In subsection (7)—
p.000309: (a) for “The Secretary of State” substitute “The Board”,
p.000309: (b) at the end of paragraph (c) insert “or”, and
p.000309: (c) omit paragraph (e) and the word “or” immediately preceding it.
p.000309: (10) After that subsection insert—
p.000309: “(8) The Secretary of State may arrange to make available to local authorities the services of
p.000309: persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of
p.000309: the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge
p.000309: their functions relating to social services, education and public health.
p.000309: (9) The Board or a clinical commissioning group may arrange to make available to local authorities the services
...
p.000311: (b) subsection (3)(j),
p.000311: (c) subsection (4)(a), (b) and (d), and
p.000311: (d) subsection (6)(a) and (b).
p.000311: (3) In subsection (2), for paragraph (b) substitute—
p.000311: “(b) the Board is responsible for a medical service if it secures its provision by or under any enactment.”
p.000311: (4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
p.000311: 36 (1) Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is
p.000311: amended as follows.
p.000311: (2) For subsection (1) substitute—
p.000311: “(1) The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services
p.000311: contracts, under which primary medical services are provided.”
p.000311: (3) Omit subsection (6).
p.000311: (4) Omit subsection (7).
p.000311: (5) For the title to that section substitute “Arrangements by the Board for the provision of primary medical
p.000311: services”.
p.000311: (6) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this
p.000311: Act providing for the commencement of this paragraph includes, in particular, provision enabling the National
p.000311:
p.000312: 312
p.000312: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000312: Part 4 — Medical services
p.000312:
p.000312: Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section
p.000312: 92 pending the commencement of section 34 of this Act.
p.000312: 37 (1) Section 93 (participants in section 92 arrangements) is amended as follows.
p.000312: (2) In subsection (1)—
p.000312: (a) for “A Strategic Health Authority” substitute “The Board”, and
p.000312: (b) omit paragraph (g).
p.000312: (3) In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
p.000312: (4) In that subsection, in the definition of “qualifying body”, for “(e) or (g)” substitute “or (e)”.
p.000312: 38 (1) Section 94 (regulations about section 92 arrangements) is amended as follows.
p.000312: (2) In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
p.000312: (3) In subsection (3), after paragraph (c) insert—
p.000312: “(ca) make provision with respect to the performance outside England of services to be provided in accordance
p.000312: with section 92 arrangements,”.
p.000312: (4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.
p.000312: (5) The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in
p.000312: particular, variations in consequence of the establishment of clinical commissioning groups.
p.000312: 39 Omit section 95 (transfer of liabilities relating to section 92 arrangements).
p.000312: 40 (1) Section 96 (assistance and support) is amended as follows.
p.000312: (2) In subsection (1)—
p.000312: (a) for “A Primary Care Trust” substitute “The Board”, and
p.000312: (b) before paragraph (a) insert—
p.000312: “(za) primary medical services pursuant to section 83(2),”.
p.000312: (3) In subsection (2)—
p.000312: (a) for “a Primary Care Trust” substitute “the Board”, and
p.000312: (b) for “the Primary Care Trust” substitute “the Board”.
p.000312: 41 (1) Section 97 (Local Medical Committees) is amended as follows.
p.000312: (2) In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may
p.000312: recognise a committee formed for an area”.
...
p.000313: (a) subsection (1), in each place it occurs,
p.000313: (b) subsection (3)(j),
p.000313:
p.000314: 314
p.000314: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000314: Part 5 — Dental services
p.000314: (c) subsection (4)(a), (b) and (d), and
p.000314: (d) subsection (6)(a) and (b).
p.000314: (3) In subsection (2), for paragraph (b) substitute—
p.000314: “(b) the Board is responsible for a dental service if it secures its provision by or under any enactment.”
p.000314: (4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.
p.000314: 48 (1) Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is
p.000314: amended as follows.
p.000314: (2) For subsection (1) substitute—
p.000314: “(1) The Board may make agreements, other than general dental services contracts, under which primary dental
p.000314: services are provided.”
p.000314: (3) Omit subsection (7).
p.000314: (4) For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”.
p.000314: (5) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this
p.000314: Act providing for the commencement of this paragraph includes, in particular, provision enabling the National
p.000314: Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section
p.000314: 107 pending the commencement of section 34 of this Act.
p.000314: 49 (1) Section 108 (participants in section 107 arrangements) is amended as follows.
p.000314: (2) In subsection (1)—
p.000314: (a) for “A Strategic Health Authority” substitute “The Board”, and
p.000314: (b) omit paragraph (g).
p.000314: (3) In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.
p.000314: 50 (1) Section 109 (regulations about section 107 arrangements) is amended as follows.
p.000314: (2) In subsection (2), for “Strategic Health Authorities” substitute “the Board”.
p.000314: (3) In subsection (3), after paragraph (c) insert—
p.000314: “(ca) make provision with respect to the performance outside England of services to be provided in accordance
p.000314: with section 107 arrangements,”.
p.000314: (4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.
p.000314: 51 Omit section 110 (transfer of liabilities relating to section 107 arrangements).
p.000314: 52 (1) Section 112 (assistance and support) is amended as follows.
p.000314: (2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.
p.000314: (3) In subsection (2)—
p.000314: (a) for “a Primary Care Trust” substitute “the Board”, and
p.000314: (b) for “the Primary Care Trust” substitute “the Board”.
p.000314:
p.000314: Health and Social Care Act 2012 (c. 7)
p.000314: Schedule 4 — Amendments of the National Health Service Act 2006 Part 5 — Dental services
p.000314: 53 (1) Section 113 (Local Dental Committees) is amended as follows.
p.000315: 315
p.000315: (2) In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may
p.000315: recognise a committee formed for an area”.
p.000315: (3) In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.
p.000315: (4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.
p.000315: (5) Omit subsection (7).
p.000315: (6) In subsection (10)—
p.000315: (a) for “A Primary Care Trust” substitute “The Board”, and
...
p.000322: (i) for “a Primary Care Trust” substitute “the Board”,
p.000322: (ii) for “the area of another Primary Care Trust” substitute “another area”, and
p.000322: (iii) for “consult that other Primary Care Trust about” substitute “prepare an assessment of the likely effect on
p.000322: those services of the implementation of”, and
p.000322: (d) omit sub-paragraph (4).
p.000322: (7) In paragraph 7 (making a scheme)—
p.000322: (a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and
p.000322: (b) in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.
p.000322: (8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000322: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000322: and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the
p.000322: purposes of the scheme.
p.000322: 93 (1) Schedule 12 (LPS schemes) is amended as follows.
p.000322:
p.000322: Health and Social Care Act 2012 (c. 7)
p.000322: Schedule 4 — Amendments of the National Health Service Act 2006 Part 7 — Pharmaceutical services
p.000322: (2) In paragraph 1 (provision of local pharmaceutical services)—
p.000322: (a) in sub-paragraph (1)—
p.000323: 323
p.000323: (i) for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”,
p.000323: (b) in sub-paragraph (2)—
p.000323: (i) in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the
p.000323: “commissioner”)”,
p.000323: (ii) in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and
p.000323: (iii) in paragraph (b), for “the commissioning body” substitute “the commissioner”,
p.000323: (c) omit sub-paragraph (2A),
p.000323: (d) for sub-paragraph (2B) substitute—
p.000323: “(2B) The Secretary of State may establish an LPS scheme only where the other party is the Board.
p.000323: (2C) The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may
p.000323: be prescribed.”,
p.000323: (e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (f) in sub-paragraph (5), omit “in its area”.
p.000323: (3) In paragraph 2 (designation of priority neighbourhoods or premises)—
p.000323: (a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and
p.000323: (b) in sub-paragraph (1), omit “or Strategic Health Authority”.
p.000323: (4) In paragraph 3 (regulations)—
p.000323: (a) in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and
p.000323: (b) in sub-paragraph (3)(k)—
p.000323: (i) for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and
p.000323: (ii) omit “or Strategic Health Authorities”.
p.000323: (5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of
p.000323: the Health Act 2009.
p.000323: (6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately
p.000323: before the commencement of this paragraph is to continue to have effect as if it had been established by the Board;
p.000323: and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the
p.000323: scheme.
p.000323: PART 8 CHARGING
p.000323: 94 In section 176 (dental charging)—
p.000323: (a) in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and
p.000323:
p.000324: 324
p.000324: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000324: Part 8 — Charging
p.000324: (b) in subsection (4)(a), omit sub-paragraph (i).
p.000324: 95 In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a).
p.000324: 96 (1) Section 180 (payments in respect of costs of optical appliances) is amended as follows.
p.000324: (2) In subsection (1), for “him or a relevant body” substitute “the Board”.
p.000324: (3) In subsection (3), in paragraph (a)—
p.000324: (a) for “himself or such relevant body as may be prescribed” substitute “the Board”, and
p.000324: (b) for “he or the prescribed body” substitute “the Board”.
p.000324: (4) In paragraph (b) of that subsection—
p.000324: (a) for “him or such relevant body as may be prescribed” substitute “the Board”, and
p.000324: (b) for “him or by the prescribed body” substitute “the Board”.
p.000324: (5) After subsection (6) insert—
p.000324: “(6A) The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of
p.000324: the Board’s functions under regulations under this section.”
p.000324: (6) Omit subsection (10).
p.000324: (7) In subsection (11), at the end insert “in accordance with the regulations”.
p.000324: (8) Omit subsection (12).
p.000324: (9) For the title to section 180 substitute “Payments in respect of costs of optical appliances and sight tests”.
p.000324: 97 (1) Section 181 (provision supplementary to section 180) is amended as follows.
p.000324: (2) In subsection (3), omit the words from “(whether” to the end.
p.000324: (3) Omit subsection (9).
p.000324: 98 (1) Section 183 (payment of travelling expenses) is amended as follows.
p.000324: (2) In paragraph (a) —
p.000324: (a) after “the Secretary of State” insert “, the Board, a clinical commissioning group,”, and
p.000324: (b) omit “, a Primary Care Trust,”.
p.000324: (3) In paragraph (b)—
p.000324: (a) after “by” insert “the Board,”,
p.000324: (b) omit “a Primary Care Trust”, and
p.000324: (c) before the first “to” insert “or a clinical commissioning group”, and
p.000324: (d) omit the words from “and” to “Trust,”.
p.000324: (4) In paragraph (c)—
p.000324: (a) after “by” insert “the Board,”,
p.000324: (b) omit “a Primary Care Trust”, and
p.000324: (c) before the first “to” insert “or a clinical commissioning group”.
p.000324:
p.000324: Health and Social Care Act 2012 (c. 7)
p.000324: Schedule 4 — Amendments of the National Health Service Act 2006 Part 8 — Charging
p.000324: 99 In section 185 (charges for more expensive supplies), in subsection (2)—
p.000325: 325
p.000325: (a) after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local
p.000325: authority,”, and
p.000325: (b) omit “a Primary Care Trust,”.
p.000325: 100 In section 186 (charges for repairs and replacements in certain cases), in subsection (2)—
p.000325: (a) after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local
p.000325: authority,” and
p.000325: (b) omit “a Primary Care Trust,”.
p.000325: 101 In section 187 (charges for designated services or facilities) for the words from “designated” to the
p.000325: end substitute “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those
p.000325: provisions or any other provision of this Act)”.
p.000325: 102 In section 188 (sums otherwise payable to those providing services), in subsection (2) —
p.000325: (a) after the first “by” insert “the Board or a clinical commissioning group”, and
p.000325: (b) omit “a Primary Care Trust”.
p.000325: PART 9 FRAUD ETC.
p.000325: 103 (1) Section 195 (compulsory disclosure of documents) is amended as follows.
p.000325: (2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.
p.000325: (3) In subsection (3) —
p.000325: (a) for “section 2(1)(b)” substitute “section 2”,
p.000325: (b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for the provision of such services”,
p.000325: (c) in paragraph (d) after “NHS services” insert “or with arranging for the provision of such services”, and
p.000325: (d) in paragraph (f) after “NHS services” insert “or with arranging for the provision of such services”.
p.000325: 104 (1) Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows.
p.000325: (2) In subsection (2), for “section 28(6)” substitute “section 275(1)”.
p.000325: (3) In subsection (3)—
p.000325: (a) before paragraph (a) insert—
p.000325: “(za) the Board,
p.000325: (zb) a clinical commissioning group,”
p.000325: (b) omit paragraph (a), and
p.000325: (c) omit paragraph (c).
p.000325: (4) After subsection (5) insert—
p.000325: “(5A) A “public health service contractor” means any person providing services of any description under
p.000325: arrangements made in the exercise
p.000325:
p.000326: 326
p.000326: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000326: Part 9 — Fraud etc.
p.000326:
p.000326: of the public health functions of the Secretary of State or a local authority.”
p.000326: 105 (1) Section 197 (notice requiring production of documents) is amended as follows.
p.000326: (2) In subsection (1)(a) after “health service provider” insert “, public health service contractor”.
p.000326: (3) In subsection (3)(d) after “health service provider” insert “, public health service contractor”.
p.000326: 106 In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State’s
p.000326: functions” substitute “any of the functions of the Secretary of State, the Board, a clinical
p.000326: commissioning group or a local authority”.
p.000326: 107 (1) Section 210 (interpretation of Part 10) is amended as follows.
p.000326: (2) In subsection (1) after “health service provider” insert “, “public health service contractor””.
p.000326: (3) In subsection (2)(a)—
p.000326: (a) after “in relation to” insert “the Secretary of State, local authorities,”, and
p.000326: (b) after “health service providers” insert “, public health service contractors”.
p.000326: PART 10 PROPERTY AND FINANCE
p.000326: 108 (1) Section 211 (acquisition, use and maintenance of property) is amended as follows.
p.000326: (2) In subsection (4) for “A local social services authority” substitute “A local authority”.
p.000326: (3) After that subsection insert—
p.000326: “(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”
p.000326: 109 In section 213 (transfers of trust property), in subsection (2)(c)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,.”
p.000326: 110 (1) Section 214 (transfer of functions and property to or from special trustees) is amended as follows.
p.000326: (2) In subsection (1)—
p.000326: (a) after the first “by” insert “the Board, a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care trust,”.
p.000326: (3) In subsection (3)(a)—
p.000326: (a) after “for” insert “the Board or a clinical commissioning group,”, and
p.000326: (b) omit “a Primary Care Trust,”.
p.000326:
p.000326: Health and Social Care Act 2012 (c. 7)
p.000326: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000327: 327
p.000327: 111 (1) Section 215 (trustees and property under section 222) is amended as follows.
p.000327: (2) Omit subsection (2)(b) and the preceding “and”.
p.000327: (3) In subsection (3)—
p.000327: (a) before paragraph (a) insert—
p.000327: “(za) on trust for any purposes of the Board for which trustees have been appointed under paragraph 11 of
p.000327: Schedule A1,
p.000327: (zb) on trust for any purposes of a clinical commissioning group for which trustees have been appointed under
p.000327: paragraph 15 of Schedule 1A,”, and
p.000327: (b) omit paragraph (a).
p.000327: (4) In subsection (4)—
p.000327: (a) after the second “and” insert “the Board, clinical commissioning group,”,
p.000327: (b) omit “the Primary Care Trust,” (in each place it occurs), and
p.000327: (c) after the second “by” insert “the Board, clinical commissioning group,”.
p.000327: 112 In section 216 (application of trust property: further provisions), in subsection (3),
p.000327: after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 113 In section 217 (trusts: supplementary provisions), in subsection (1)—
p.000327: (a) after paragraph (e) insert—
p.000327: “(ea) paragraph 11 of Schedule A1, (eb) paragraph 15 of Schedule 1A,”,
p.000327: (b) omit paragraph (f), and
p.000327: (c) omit paragraph (g).
p.000327: 114 In section 218 (private trusts for hospitals), in subsection (4)—
p.000327: (a) in paragraph (b) omit “or Primary Care Trust”,
p.000327: (b) in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and
p.000327: (c) for paragraph (d) substitute —
p.000327: “(d) in any other case—
p.000327: (i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the
p.000327: Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of
p.000327: State,
p.000327: (ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or
p.000327: Local Health Board exercising those functions.”
p.000327: 115 In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or
p.000327: 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.
p.000327: 116 (1) Section 222 (power to raise money) is amended as follows.
p.000327:
p.000328: 328
p.000328: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000328: Part 10 — Property and finance
p.000328:
p.000328: (2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.
p.000328: (3) After subsection (3) insert—
p.000328: “(3A) In subsection (3) “appropriate authority” means—
p.000328: (a) in relation to a clinical commissioning group, the Board, and
p.000328: (b) in relation to any other body to which this section applies, the Secretary of State.”
p.000328: (4) In subsection (9), for “section 224 or 226” substitute “section 225”.
p.000328: 117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State”
p.000328: insert “or the Board”.
p.000328: (2) After that section insert—
p.000328: “223A Application of section 223 to clinical commissioning groups
p.000328: (1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.
p.000328: (2) But the powers conferred by that section are exercisable by a clinical commissioning group only for
p.000328: the purpose of securing improvement—
p.000328: (a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or
p.000328: (b) in the prevention, diagnosis and treatment of illness in such people.”
p.000328: 118 Omit section 224 (means of meeting expenditure of Strategic Health Authorities).
p.000328: 119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is
p.000328: amended as follows.
p.000328: (2) Omit subsection (1).
p.000328: (3) In subsection (3) —
p.000328: (a) omit “Strategic Health Authority or”, and
p.000328: (b) for “subsection (1) or (2)” substitute “subsection (2)”.
p.000328: (4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).
p.000328: (5) In subsection (5) omit “Strategic Health Authority or”.
p.000328: (6) In subsection (6) omit “Strategic Health Authority or”.
p.000328: (7) In subsection (7)—
p.000328: (a) in paragraph (a) omit “specified Strategic Health Authority or”,
p.000328: (b) omit paragraph (b)(i) and the word “or” immediately following it, and
p.000328: (c) omit paragraph (c)(i) and the word “or” immediately following it, and
p.000328: (d) in the words following paragraph (c) omit “Strategic Health Authority or”.
p.000328: (8) In the heading to the section, omit “Strategic Health Authorities and”.
p.000328:
p.000328: Health and Social Care Act 2012 (c. 7)
p.000328: Schedule 4 — Amendments of the National Health Service Act 2006 Part 10 — Property and finance
p.000329: 329
p.000329: 120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is
p.000329: amended as follows.
p.000329: (2) In subsection (1), omit “Strategic Health Authority and each”.
p.000329: (3) In subsection (2)(b) omit “Strategic Health Authority or”.
p.000329: (4) In subsection (3) omit “Strategic Health Authority or”.
p.000329: (5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.
p.000329: (6) In the heading to the section, omit “Strategic Health Authorities and”.
p.000329: 121 Omit sections 228 to 231 (funding of Primary Care Trusts etc).
p.000329: 122 In section 234 (special arrangement as to payment of remuneration), omit subsection (4).
p.000329: 123 (1) Section 236 (payment for medical examination before application for admission to hospital
p.000329: under the Mental Health Act) is amended as follows.
p.000329: (2) In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning
p.000329: group”.
p.000329: (3) In subsection (2)(b)—
p.000329: (a) after “report made” insert “—
p.000329: (i) ”,
p.000329: (b) omit “a Primary Care Trust,”,
p.000329: (c) before “NHS trust” insert “an”, and
p.000329: (d) at the end insert “, or
p.000329: (ii) pursuant to arrangements made by the National Health Service Commissioning Board or a
p.000329: clinical commissioning group, or
p.000329: (iii) pursuant to arrangements made in the exercise (by any person) of the public health functions
p.000329: of the Secretary of State or a local authority.”
p.000329: 124 Omit Schedule 14 (further provision about expenditure of Primary Care Trusts).
p.000329: 125 (1) Schedule 15 (accounts and audits) is amended as follows.
p.000329: (2) In paragraph 1(1)—
p.000329: (a) omit paragraph (a),
p.000329: (b) omit paragraph (c), and
p.000329: (c) omit paragraph (g).
p.000329: (3) In paragraph 5, omit sub-paragraph (2).
p.000329: (4) Omit paragraph 7.
p.000329: (5) In paragraph 8(3) omit “or 7”.
p.000329: (6) Omit paragraph 9.
p.000329:
p.000330: 330
p.000330: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000330: Part 11 — Public involvement and scrutiny
p.000330: PART 11
p.000330: PUBLIC INVOLVEMENT AND SCRUTINY
p.000330: 126 (1) Section 242 (public involvement and consultation) is amended as follows.
p.000330: (2) In subsection (1A)—
p.000330: (a) omit paragraph (a), and
p.000330: (b) omit paragraph (b).
p.000330: (3) Omit subsections (4) and (5).
p.000330: 127 Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of
p.000330: users).
p.000330: PART 12 MISCELLANEOUS
p.000330: 128 After section 254 insert—
p.000330: “Support functions of the Secretary of State
p.000330: 254A Support functions of the Secretary of State
p.000330: (1) The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the
p.000330: health service or providing services for its purposes—
p.000330: (a) provide (or otherwise make available) to the person goods, materials or other facilities;
p.000330: (b) facilitate the recruitment and management of the person’s staff;
p.000330: (c) develop or operate information or communication systems;
...
p.000331: payments must be made by the Board in a financial year;
p.000331: (c) the minimum amount which the Board must spend in a financial year in making such payments—
p.000331: (i) to a body or description of bodies specified in relation to the year under paragraph (a);
p.000331: (ii) in respect of functions or activities, or descriptions of functions or activities, specified in relation to the
p.000331: year under paragraph (b);
p.000331: (iii) to a body or description of bodies specified in relation to the year under paragraph (a) in respect of
p.000331: functions or activities or descriptions of functions or activities so specified under paragraph (b).”
p.000331: 130 In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for
p.000331: “the Primary Care Trust” substitute “the Board or the clinical commissioning group”.
p.000331: 131 (1) Section 258 (university clinical teaching and research) is amended as follows.
p.000331: (2) In subsection (1)—
p.000331: (a) for “The Secretary of State must exercise his functions under this Act” substitute “The functions
p.000331: under this Act of the Secretary of State, the Board and each clinical commissioning group must be
p.000331: exercised”, and
p.000331: (b) for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may
p.000331: be)”.
p.000331: (3) In subsection (2), in paragraph (a)—
p.000331:
p.000332: 332
p.000332: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000332: Part 12 — Miscellaneous
p.000332: (a) after “exercisable by” insert “the Board,”,
p.000332: (b) after “a” insert “clinical commissioning group,”,
p.000332: (c) omit “Strategic Health Authority,”, and
p.000332: (d) omit “Primary Care Trust,”.
p.000332: 132 (1) Section 259 (sale of medical practices) is amended as follows.
p.000332: (2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.
p.000332: (3) After that subsection insert—
p.000332: “(4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a
p.000332: reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph
p.000332: 30 of Schedule 4 to the Health and Social Care Act 2012 (sub- paragraph (2) of which replaces section
p.000332: 83(2)).”
p.000332: (4) In subsection (5), in the definition of “relevant area”—
p.000332: (a) after ““relevant area”” insert “—
p.000332: (a) ”, and
p.000332: (b) at the end insert “;
p.000332: (b) in relation to the Board, in a case where a person has at any time provided or performed services by
p.000332: arrangement or contract with the Board, means the prescribed area (at the prescribed time).”
p.000332: 133 Omit section 268 (persons displaced by health service development), and the cross-heading which precedes
p.000332: it.
p.000332: 134 In section 271 (territorial limit of exercise of functions), in the words in brackets in
p.000332: subsection (3)(a), after “directions to” insert “certain”.
p.000332: 135 After section 271 insert—
p.000332: “271A Services to be treated as services of the Crown for certain purposes
p.000332: (1) Services to which this section applies are to be treated as services of the Crown for the purposes of—
p.000332: (a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services
p.000332: of the Crown etc.), and
p.000332: (b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).
p.000332: (2) This section applies to services provided in pursuance of—
p.000332: (a) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or
p.000332: (b) the public health functions of a local authority.”
p.000332: 136 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.
p.000332: (2) In subsection (3)—
p.000332: (a) omit paragraph (b), and
p.000332: (b) omit paragraph (d).
p.000332: (3) In subsection (5)—
p.000332:
p.000332: Health and Social Care Act 2012 (c. 7)
p.000332: Schedule 4 — Amendments of the National Health Service Act 2006 Part 12 — Miscellaneous
p.000332: (a) omit “a PCT order, or”, and
p.000332: (b) before paragraph (a) insert—
p.000332: “(za) section 14A(1),”.
p.000333: 333
p.000333: 137 (1) Section 273 (further provision about orders and directions) is amended as follows.
p.000333: (2) In subsection (3) for “by a Strategic Health Authority” substitute “by the Board”.
p.000333: (3) In subsection (4)(c)(ii)—
p.000333: (a) after “8,” insert “13Z1,”, and
p.000333: (b) omit “15,”.
p.000333: 138 (1) Section 275 (interpretation) is amended as follows.
p.000333: (2) In subsection (1)—
p.000333: (a) before the definition of “dental practitioner” insert—
p.000333: ““the Board” means the National Health Service Commissioning Board,
p.000333: “clinical commissioning group” means a body established under section 14D of this Act,”,
p.000333: (b) in the definition of “health service hospital” omit “a Primary Care Trust,”, and
p.000333: (c) after the definition of “modifications” insert—
p.000333: ““NHS body” means—
p.000333: (a) the Board,
p.000333: (b) a clinical commissioning group,
p.000333: (c) a Special Health Authority,
p.000333: (d) an NHS trust,
p.000333: (e) an NHS foundation trust, and
p.000333: (f) a Local Health Board.”
p.000333: (3) In subsection (3)—
p.000333: (a) omit “or 15”,
p.000333: (b) omit “Strategic Health Authority,” (in both places where it occurs), and
p.000333: (c) omit “Primary Care Trust or” (in both places where it occurs).
p.000333: (4) Until the commencement of section 33, the definition of “NHS body” in section 275 of the National
p.000333: Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority.
p.000333: (5) Until the commencement of section 34, the definition of “NHS body” in section 275 of the National
p.000333: Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust.
p.000333: 139 (1) Section 276 (index of defined expressions) is amended as follows.
p.000333: (2) Omit the entry relating to “NHS body”.
p.000333: (3) After the entry for “LPS scheme” insert—
p.000333:
p.000334: 334
p.000334: Health and Social Care Act 2012 (c. 7) Schedule 4 — Amendments of the National Health Service Act 2006
p.000334: Part 12 — Miscellaneous
p.000334:
p.000334:
p.000334:
p.000334: “NHS
p.000334: constitution
p.000334: section 1B(2)”.
p.000334:
p.000334: (4) Omit the entry relating to “PCT order”.
p.000334: (5) After the entry relating to “provider, in relation to an NHS contract” insert—
p.000334:
p.000334:
p.000334: “public health functions of the Secretary of State public health functions of local authorities
p.000334: section 1H(5)(a) section 1H(5)(b)”.
p.000334:
p.000334:
p.000334: SCHEDULE 5 Section 55(2)
p.000334: PART 1: AMENDMENTS OF OTHER ENACTMENTS
p.000334: Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
p.000334: 1 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—
p.000334: (a) in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or
p.000334: an NHS foundation trust”, and
p.000334: (b) omit the definition of “Primary Care Trust”.
p.000334: National Assistance Act 1948 (c. 29)
p.000334: 2 The National Assistance Act 1948 is amended as follows.
p.000334: 3 (1) Section 24 (local authority’s liability for provision of accommodation) is amended as follows.
p.000334: (2) In subsections (6A) and (6B)—
p.000334: (a) after “by a” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334: (3) After subsection (6B), insert—
p.000334: “(6C) The references in subsections (6A) and (6B) to a clinical commissioning group
p.000334: are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983,
p.000334: to be read as references to the National Health Service Commissioning Board.”
p.000334: 4 In section 26 (provision of accommodation in premises maintained by voluntary organisations), in
p.000334: subsection (1C)—
p.000334: (a) after “such” insert “clinical commissioning group or”, and
p.000334: (b) omit “Primary Care Trust or”.
p.000334:
p.000334: Health and Social Care Act 2012 (c. 7)
p.000334: Schedule 5 — Part 1: amendments of other enactments
p.000334: Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
p.000335: 335
p.000335: 5 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
p.000335: (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—
p.000335: (a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service
p.000335: Commissioning Board, a clinical commissioning group,”,
p.000335: (b) in that column, omit “a Strategic Health Authority,”,
p.000335: (c) in the second column (headed “paying authority”), after “The” insert “National Health Service
p.000335: Commissioning Board, clinical commissioning group,”, and
p.000335: (d) in that column, omit “Strategic Health Authority,”.
p.000335: Public Records Act 1958 (c. 51)
p.000335: 6 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in
p.000335: paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—
p.000335: (a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical
p.000335: commissioning groups,”,
p.000335: (b) after “records of trust property passing to” insert “the National Health Service Commissioning
p.000335: Board, a clinical commissioning group,”,
p.000335: (c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or
p.000335: section 300 of the Health and Social Care Act 2012”,
p.000335: (d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,
p.000335: and
p.000335: (e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or
p.000335: paragraph 20 of Schedule 1A to, that Act, or under”.
p.000335: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000335: 7 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act
p.000335: applies), in paragraph 1—
p.000335: (a) omit paragraph (ea),
p.000335: (b) before paragraph (g) insert—
p.000335: “(fa) the National Health Service Commissioning Board, except as regards the exercise of functions under the
p.000335: National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or
p.000335: replacing those Regulations;”, and
p.000335: (c) omit paragraph (gg).
p.000335: Parliamentary Commissioner Act 1967 (c. 13)
p.000335: 8 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to
p.000335: investigation), in paragraph 8—
p.000335: (a) in sub-paragraph (1)—
p.000335:
p.000336: 336
p.000336: Health and Social Care Act 2012 (c. 7)
p.000336: Schedule 5 — Part 1: amendments of other enactments
p.000336:
p.000336: (i) after “Secretary of State by” insert “a local authority, the National Health Service Commissioning
p.000336: Board, a clinical commissioning group”,
p.000336: (ii) omit “a Strategic Health Authority,”, and
p.000336: (iii) omit “, a Primary Care Trust”, and
p.000336: (b) in sub-paragraph (2)—
p.000336: (i) after “action taken by” insert “a local authority, the National Health Service Commissioning
p.000336: Board, a clinical commissioning group or”,
p.000336: (ii) omit “a Strategic Health Authority,”, and
p.000336: (iii) omit “or Primary Care Trust”.
p.000336: Abortion Act 1967 (c. 87)
p.000336: 9 In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection
p.000336: (3) omit “a Primary Care Trust or”.
p.000336: Leasehold Reform Act 1967 (c. 88)
p.000336: 10 In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—
p.000336: (a) in subsection (5), in paragraph (d)—
p.000336: (i) after “to” insert “the National Health Service Commissioning Board, any clinical commissioning group,”,
p.000336: (ii) omit “any Strategic Health Authority,”, and
p.000336: (iii) omit “, any Primary Care Trust”, and
p.000336: (b) in subsection (6), in paragraph (c)—
p.000336: (i) after “in the case of” insert “the National Health Service Commissioning Board, a clinical
p.000336: commissioning group,”,
p.000336: (ii) omit “a Strategic Health Authority,”, and
p.000336: (iii) omit “, Primary Care Trust”.
p.000336: Health Services and Public Health Act 1968 (c. 46)
p.000336: 11 The Health Services and Public Health Act 1968 is amended as follows.
p.000336: 12 (1) Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows.
p.000336: (2) In subsection (1)—
p.000336: (a) after “servants of” insert “the National Health Service Commissioning Board or a
p.000336: clinical commissioning group,”,
p.000336: (b) omit “a Strategic Health Authority,”, and
p.000336: (c) omit “, Primary Care Trust”.
p.000336: (3) In subsection (2)—
p.000336: (a) in paragraph (a) before “or the council” insert “, the National Health Service Commissioning Board, a clinical
p.000336: commissioning group”, and
p.000336: (b) in paragraph (b) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
p.000336: (4) In subsection (5A)—
p.000336:
p.000336: Health and Social Care Act 2012 (c. 7)
p.000336: Schedule 5 — Part 1: amendments of other enactments
p.000337: 337
p.000337: (a) omit “Strategic Health Authority” (in each place where it occurs), and
p.000337: (b) omit “, Primary Care Trust” (in each place where it occurs).
p.000337: (5) In subsection (5B)—
p.000337: (a) omit paragraph (za), and
p.000337: (b) omit paragraph (bb).
p.000337: 13 In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—
p.000337: (a) after “City of London” insert “or a service for the provision of which the National Health Service
p.000337: Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a
p.000337: duty or power to make arrangements”,
p.000337: (b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,
p.000337: (c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and
p.000337: (d) omit “Primary Care Trust or”.
p.000337: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000337: 14 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from
p.000337: insurance), in subsection (2)(a)—
p.000337: (a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000337: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000337: 2006,”, and
p.000337: (b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.
p.000337: Local Authority Social Services Act 1970 (c. 42)
p.000337: 15 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry
p.000337: relating to the Children Act 1989, in the column headed “Nature of functions”—
p.000337: (a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health
p.000337: Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and
p.000337: (b) omit “Primary Care Trusts,”.
p.000337: Chronically Sick and Disabled Persons Act 1970 (c. 44)
p.000337: 16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients)
p.000337: is amended as follows.
p.000337: (2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.
p.000337: (3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—
p.000337: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000337:
p.000338: 338
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338:
p.000338: (b) for “each House of Parliament” substitute “the National Assembly for Wales”,
p.000338: (c) for “as he considers” substitute “as they consider”, and
p.000338: (d) for “in him” substitute “in them”.
p.000338: Local Government Act 1972 (c. 70)
p.000338: 17 In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of
p.000338: certain persons)—
p.000338: (a) in subsection (1A)—
p.000338: (i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,
p.000338: (ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,
p.000338: (iii) omit “Primary Care Trust,” (in each place where it occurs),
p.000338: (iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service
p.000338: Commissioning Board,”, and
p.000338: (b) in subsection (4)—
p.000338: (i) after “above”, insert ““Secretary of State” means the Secretary of State in relation to the exercise of
p.000338: functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,
p.000338: (ii) before ““NHS trust”” insert ““clinical commissioning group” means a body established under section 14D of the
p.000338: National Health Service Act 2006, and”, and
p.000338: (iii) omit the words from “and “Primary Care Trust”” to the end.
p.000338: Local Government Act 1974 (c. 7)
p.000338: 18 In section 26 of the Local Government Act 1974 (matters subject to investigation by
p.000338: Local Commissioner), in subsection (1), after paragraph (c) insert—
p.000338: “(d) an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under
p.000338: section 7A of the National Health Service Act 2006;
p.000338: (e) an alleged or apparent failure to provide a service in pursuance of such arrangements.”
p.000338: Health and Safety at Work etc. Act 1974 (c. 37)
p.000338: 19 (1) Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment
p.000338: Medical Advisory Service) is amended as follows.
p.000338: (2) In subsection (1) for “each Primary Care Trust and Local Health Board” substitute “the National
p.000338: Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local
p.000338: Health Board (in relation to Wales)”.
p.000338:
p.000338: Health and Social Care Act 2012 (c. 7)
p.000338: Schedule 5 — Part 1: amendments of other enactments
p.000338: (3) In subsection (2)—
p.000338: (a) omit “for one of their”, and
p.000338: (b) for ““each” to “its”” substitute ““the National” to “arranges””.
p.000338: House of Commons Disqualification Act 1975 (c. 24)
p.000339: 339
p.000339: 20 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for
p.000339: membership of the House)—
p.000339: (a) omit the entry relating to the chairman or any member of a Primary Care Trust,
p.000339: (b) in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health
p.000339: Authority, omit “Strategic Health Authority, or”, and
p.000339: (c) at the appropriate place insert—
p.000339: “Chairman or non-executive member of the National Health Service Commissioning Board.”
p.000339: Acquisition of Land Act 1981 (c. 67)
p.000339: 21 The Acquisition of Land Act 1981 is amended as follows.
p.000339: 22 In section 16 (land excluded from compulsory purchase), in subsection (3)—
p.000339: (a) after paragraph (a) insert—
p.000339: “(aa) the National Health Service Commissioning Board; (ab) a clinical commissioning group established under
p.000339: section 14D of the National Health Service Act 2006;”, and
p.000339: (b) omit paragraph (c).
p.000339: 23 In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning
p.000339: certain land), in subsection (4) in the definition of “statutory undertakers”—
p.000339: (a) omit paragraph (ad), and
p.000339: (b) before paragraph (b) insert—
p.000339: “(ae) the National Health Service Commissioning Board, (af) a clinical commissioning group established under
p.000339: section 14D of the National Health Service Act 2006,”.
p.000339: Mental Health Act 1983 (c. 20)
p.000339: 24 The Mental Health Act 1983 is amended as follows.
p.000339: 25 In section 19 (regulations as to transfers of patients), in subsection (3)—
p.000339: (a) for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and
p.000339: (b) omit “or Primary Care Trust” in each place it appears.
p.000339: 26 In section 23 (discharge of patients), in subsection (5)(a)—
p.000339: (a) for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,
p.000339: (b) omit “or Primary Care Trust” in each place it appears, and
p.000339: (c) omit “, trust” in each place it appears.
p.000339:
p.000340: 340
p.000340: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000340: 27 In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care
p.000340: Trusts”.
p.000340: 28 (1) Section 39 (power of court to request information from hospitals) is amended as follows.
p.000340: (2) In subsection (1)—
p.000340: (a) omit “Primary Care Trust or” in each place it appears,
p.000340: (b) in paragraph (a), after the first “the” insert “clinical commissioning group or”,
p.000340: (c) in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,
p.000340: (d) in that paragraph, after “or any other” insert “clinical commissioning group or”,
p.000340: (e) after “such information as that” insert “clinical commissioning group or”,
p.000340: (f) after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board
p.000340: or the”, and
p.000340: (g) after “order, and that” insert “clinical commissioning group or”.
p.000340: (3) After subsection (1) insert—
p.000340: “(1ZA) A request under this section to the National Health Service Commissioning Board may
p.000340: relate only to services or facilities the provision of which the Board arranges.”
p.000340: (4) In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National
p.000340: Health Service Reform and Health Care Professions Act 2002.
p.000340: 29 In section 134 (patients’ correspondence), in subsection (3)(e)—
p.000340: (a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
p.000340: (b) omit “Strategic Health Authority,”,
p.000340: (c) for “, Special Health Authority” substitute “or Special Health Authority”, and
p.000340: (d) omit “or Primary Care Trust”.
p.000340: 30 In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—
p.000340: (a) after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical
p.000340: commissioning group,”,
p.000340: (b) omit “Strategic Health Authority,”,
p.000340: (c) for “, Special Health Authority” substitute “or Special Health Authority”, and
p.000340: (d) omit “or Primary Care Trust”.
p.000340: 31 (1) In section 145 (interpretation), in subsection (1)—
p.000340: (a) in the definition of “the managers”, in paragraph (a)—
p.000340: (i) after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the
p.000340: Secretary of State where the Secretary is responsible for the administration of the hospital or”,
p.000340: (ii) omit “Primary Care Trust,”, and
p.000340: (iii) omit “Strategic Health Authority,”,
p.000340:
p.000340: Health and Social Care Act 2012 (c. 7)
p.000340: Schedule 5 — Part 1: amendments of other enactments
p.000341: 341
p.000341: (b) in paragraph (bb) of that definition, omit “a Primary Care Trust or”,
p.000341: (c) omit the definition of “Primary Care Trust”, and
p.000341: (d) omit the definition of “Strategic Health Authority”.
p.000341: (2) In consequence of the repeals made by sub-paragraph (1)—
p.000341: (a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act
p.000341: 2002, and
p.000341: (b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.
p.000341: Public Health (Control of Disease) Act 1984 (c. 22)
p.000341: 32 In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain
p.000341: diseases), in subsection (4)(a)—
p.000341: (a) omit “Strategic Health Authorities,”, and
p.000341: (b) omit “, Primary Care Trusts”.
p.000341: Dentists Act 1984 (c. 24)
p.000341: 33 The Dentists Act 1984 is amended as follows.
p.000341: 34 In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).
p.000341: 35 In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).
p.000341: 36 In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—
p.000341: (a) omit “under section 92 of the National Health Service Act 2006 or”,
p.000341: (b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
p.000341: (c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
p.000341: (d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.
p.000341: 37 In section 50D (rules: consultation), in subsection (4) omit paragraph (a).
p.000341: Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
p.000341: 38 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
p.000341: 39 In section 2 (rights of authorised representatives of disabled persons)—
p.000341: (a) in subsection (5) in paragraph (a)—
p.000341: (i) after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements
p.000341: made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000341: Service Act 2006 or”,
p.000341: (ii) for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or
p.000341: 2B”, and
p.000341: (iii) omit “by a Primary Care Trust established under that Act,”,
p.000341: (b) in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision
p.000341: of services,”, and
p.000341:
p.000342: 342
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342:
p.000342: (c) in subsection (9) in the definition of “health authority”, in paragraph (a)—
p.000342: (i) after “means” insert “the National Health Service Commissioning Board, a clinical
p.000342: commissioning group or”,
p.000342: (ii) omit “a Strategic Health Authority,”, and
p.000342: (iii) omit “or a Primary Care Trust”.
p.000342: 40 In section 7 (persons discharged from hospital), in subsection (9)—
p.000342: (a) in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a
p.000342: clinical commissioning group”, and
p.000342: (b) in the definition of “the managers”—
p.000342: (i) in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS
p.000342: foundation trust”,
p.000342: (ii) in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the
p.000342: Secretary of State is responsible for the administration of the hospital, or means the”,
p.000342: (iii) in those words omit “Strategic Health Authority,”, and
p.000342: (iv) omit paragraph (bb).
p.000342: 41 In section 11 (reports to Parliament)—
p.000342: (a) in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and
p.000342: (b) omit subsection (1ZB).
p.000342: 42 In section 16 (interpretation), in subsection (1)—
p.000342: (a) omit the definition of “Primary Care Trust”, and
p.000342: (b) omit the definition of “Strategic Health Authority”.
p.000342: Dartford-Thurrock Crossing Act 1988 (c. 20)
p.000342: 43 In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—
p.000342: (a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,
p.000342: (b) for “that Act” substitute “the National Health Service Act 2006”, and
p.000342: (c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342: Copyright, Designs and Patents Act 1988 (c. 48)
p.000342: 44 In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the
p.000342: Crown in the course of public business), in subsection (6)—
p.000342: (a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service
p.000342: Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act
p.000342: 2006,”, and
p.000342: (b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000342:
p.000342: Health and Social Care Act 2012 (c. 7)
p.000342: Schedule 5 — Part 1: amendments of other enactments
p.000342: Health and Medicines Act 1988 (c. 49)
p.000343: 343
p.000343: 45 In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in
p.000343: subsection (3)(i) omit the words from the second “the” to “trust, or”.
p.000343: Road Traffic Act 1988 (c. 52)
p.000343: 46 In section 144 of the Road Traffic Act 1988 (exception to requirement for third party
p.000343: insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health
p.000343: Service Act 2006”.
p.000343: Children Act 1989 (c. 41)
p.000343: 47 The Children Act 1989 is amended as follows.
p.000343: 48 In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343: (b) omit “or a Primary Care Trust” (in each place where it occurs), and
p.000343: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000343: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.
p.000343: 49 In section 24 (persons qualifying for advice and assistance), in subsection (2)—
p.000343: (a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and
p.000343: (b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by
p.000343: the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning
p.000343: group under the National Health Service Act 2006 or”.
p.000343: 50 In section 24C (information), in subsection (2)—
p.000343: (a) in paragraph (b) for “, Special Health Authority or Primary Care Trust” substitute “or Special Health
p.000343: Authority”, and
p.000343: (b) in paragraph (c) after “provided” insert “pursuant to arrangements made by the Secretary of State,
p.000343: the National Health Service Commissioning Board or a clinical commissioning group under the National Health
p.000343: Service Act 2006 or”.
p.000343: 51 In section 27 (co-operation between authorities), in subsection (3)—
p.000343: (a) after paragraph (c) insert—
p.000343: “(ca) the National Health Service Commissioning Board;”, and
p.000343: (b) in paragraph (d)—
p.000343: (i) after “any” insert “clinical commissioning group,”, and
p.000343: (ii) omit “, Primary Care Trust”.
p.000343: 52 In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—
p.000343: (a) for “Secretary of State,” substitute “Secretary of State or”,
p.000343:
p.000344: 344
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit “or a Primary Care Trust” (in both places where it occurs),
p.000344: (c) after “arrangements made by” insert “the Secretary of State, the National Health Service
p.000344: Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and
p.000344: (d) omit “a Strategic Health Authority,”.
p.000344: 53 In section 47 (local authority’s duty to investigate), in subsection (11)—
p.000344: (a) after paragraph (c) insert—
p.000344: “(ca) the National Health Service Commissioning Board;”, and
p.000344: (b) in paragraph (d)—
p.000344: (i) after “any” insert “clinical commissioning group,”, and
p.000344: (ii) omit “, Primary Care Trust”.
p.000344: 54 In section 80 (inspection of children’s homes)—
p.000344: (a) in subsection (1), in paragraph (d) —
p.000344: (i) omit “, Primary Care Trust”, and
p.000344: (ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the
p.000344: National Health Service Act 2006”,
p.000344: (b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and
p.000344: (c) after that paragraph insert—
p.000344: “(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of
p.000344: State, the National Health Service Commissioning Board or a clinical commissioning group under the National
p.000344: Health Service Act 2006;”.
p.000344: 55 In section 85 (children accommodated by health authorities)—
p.000344: (a) in subsection (1) omit “Primary Care Trust,”, and
p.000344: (b) after subsection (2) insert—
p.000344: “(2ZA) Where a child is provided with accommodation—
p.000344: (a) by a body which is not mentioned in subsection (1), and
p.000344: (b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board
p.000344: or a clinical commissioning group under the National Health Service Act 2006,
p.000344: subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be)
p.000344: the clinical commissioning group as if it were the accommodating authority.”
p.000344: 56 (1) Section 105 (interpretation) is amended as follows.
p.000344: (2) In subsection (1)—
p.000344: (a) before the definition of “community home” insert—
p.000344: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000344: Service Act 2006;”,
p.000344:
p.000344: Health and Social Care Act 2012 (c. 7)
p.000344: Schedule 5 — Part 1: amendments of other enactments
p.000344: (b) omit the definition of “Primary Care Trust”, and
p.000344: (c) omit the definition of “Strategic Health Authority”.
p.000344: (3) After subsection (7) insert—
p.000345: 345
p.000345: “(7A) References in this Act to a hospital or accommodation made available or provided
p.000345: pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006
p.000345: are references to a hospital or accommodation made available or provided pursuant to arrangements so
p.000345: made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
p.000345: (7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a
p.000345: clinical commissioning group under the National Health Service Act 2006 include references to arrangements
p.000345: so made by virtue of section 7A of that Act.”
p.000345: Local Government and Housing Act 1989 (c. 42)
p.000345: 57 In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in
p.000345: subsection (6), after paragraph (za) insert—
p.000345: “(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.
p.000345: National Health Service and Community Care Act 1990 (c. 19)
p.000345: 58 The National Health Service and Community Care Act 1990 is amended as follows.
p.000345: 59 In section 47 (assessment of needs for community care services), in subsection (3)—
p.000345: (a) before paragraph (a) insert—
p.000345: “(za) that there may be a need for the provision to that person, pursuant to arrangements made under
p.000345: the National Health Service Act 2006 by such clinical commissioning group as may be determined in
p.000345: accordance with regulations, of any services (including services that may be provided pursuant to such
p.000345: arrangements by virtue of section 7A of that Act),”,
p.000345: (b) in paragraph (a), omit “Primary Care Trust or”,
p.000345: (c) in that paragraph omit “the National Health Service Act 2006 or”,
p.000345: (d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and
p.000345: (e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.
p.000345: 60 In section 49 (transfer of staff to local authorities), in subsection (4)(b)—
p.000345: (a) omit “Strategic Health Authority,”, and
p.000345: (b) omit “Primary Care Trust,”.
p.000345: 61 In section 60 (removal of crown immunities), in subsection (7)—
p.000345: (a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and
p.000345:
p.000346: 346
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000346:
p.000346: (b) in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.
p.000346: Access to Health Records Act 1990 (c. 23)
p.000346: 62 The Access to Health Records Act 1990 is amended as follows.
p.000346: 63 In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—
p.000346: (a) in paragraph (a)—
p.000346: (i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust or”, and
p.000346: (b) in paragraph (aa)—
p.000346: (i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health
p.000346: Service Commissioning Board or a”, and
p.000346: (ii) omit “Trust, Authority or”.
p.000346: 64 In section 11 (interpretation)—
p.000346: (a) in the definition of “health service body”, in paragraph (a)—
p.000346: (i) omit “Strategic Health Authority,”,
p.000346: (ii) for “, Local” substitute “or Local”, and
p.000346: (iii) omit “or Primary Care Trust”,
p.000346: (b) omit the definition of “Primary Care Trust”, and
p.000346: (c) omit the definition of “Strategic Health Authority”.
p.000346: London Local Authorities Act 1991 (c. xiii)
p.000346: 65 In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment
p.000346: for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National
p.000346: Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service
p.000346: Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006
p.000346: (including by virtue of section 7A of that Act)”.
p.000346: Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
p.000346: 66 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service
p.000346: practitioners)—
p.000346: (a) in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service
p.000346: Commissioning Board”,
p.000346: (b) in that paragraph, after “or” (in the first place it occurs) insert “a”,
p.000346: (c) in the words after paragraph (b) in that subsection, omit “authority or”,
p.000346: (d) in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or”
p.000346: substitute “the National Health Service Commissioning Board or a”,
p.000346: (e) in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service
p.000346: Commissioning Board or a”,
p.000346:
p.000346: Health and Social Care Act 2012 (c. 7)
p.000346: Schedule 5 — Part 1: amendments of other enactments
p.000347: 347
p.000347: (f) in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into
p.000347: by him with the National Health Service Commissioning Board”, and
p.000347: (g) in the words after that paragraph, omit “Trust, Authority or.”
p.000347: Health Service Commissioners Act 1993 (c. 46)
p.000347: 67 The Health Service Commissioners Act 1993 is amended as follows.
p.000347: 68 In section 2 (health service bodies subject to investigation), in subsection (1)—
p.000347: (a) omit paragraph (a),
p.000347: (b) omit paragraph (da), and
p.000347: (c) after paragraph (db) insert—
p.000347: “(dc) the National Health Service Commissioning Board, (dd) clinical commissioning groups.”
p.000347: 69 In section 2A (health service providers subject to investigation), in subsection (1)(a)
p.000347: for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
p.000347: 70 (1) Section 14 (reports etc. by the Commissioner) is amended as follows.
p.000347: (2) In subsection (1)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: (3) In subsection (2A)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (4) In subsection (2C)—
p.000347: (a) at the end of paragraph (d) insert “and”, and
p.000347: (b) omit paragraph (f) and the preceding “and”.
p.000347: (5) Omit subsection (2E)(e).
p.000347: (6) In subsection (2G)—
p.000347: (a) at the end of paragraph (c) insert “and”, and
p.000347: (b) omit paragraph (e) and the preceding “and”.
p.000347: Health Authorities Act 1995 (c. 17)
p.000347: 71 In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in
p.000347: paragraph 2—
p.000347: (a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and
p.000347: (b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.
p.000347: Employment Rights Act 1996 (c. 18)
p.000347: 72 The Employment Rights Act 1996 is amended as follows.
p.000347: 73 In section 43K (extension of meaning of “worker” etc for Part 4A)—
p.000347:
p.000348: 348
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000348:
p.000348: (a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National
p.000348: Health Service Commissioning Board”,
p.000348: (b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service
p.000348: Commissioning Board”, and
p.000348: (c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning
p.000348: Board, or the”.
p.000348: 74 In section 50 (right to time off for public duties), in subsection (8)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,” and
p.000348: (b) in paragraph (b)—
p.000348: (i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and
p.000348: (ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.
p.000348: 75 In section 218 (change of employer), in subsection (10)—
p.000348: (a) before paragraph (a) insert—
p.000348: “(za) the National Health Service Commissioning Board, (zb) a clinical commissioning group established under
p.000348: section 14D of the National Health Service Act 2006,”
p.000348: (b) omit paragraph (a),
p.000348: (c) in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,
p.000348: (d) omit paragraph (bb), and
p.000348: (e) in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.
p.000348: Housing Grants, Construction and Regeneration Act 1996 (c. 53)
p.000348: 76 In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons
p.000348: ineligible for grants)—
p.000348: (a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,
p.000348: (b) omit “a Strategic Health Authority,”, and
p.000348: (c) omit “, Primary Care Trust”.
p.000348: Education Act 1996 (c. 56)
p.000348: 77 The Education Act 1996 is amended as follows.
p.000348: 78 (1) Section 322 (duty of certain bodies to help local authorities) is amended as follows.
p.000348: (2) In subsection (1)—
p.000348: (a) after “another local authority,” insert “the National Health Service Commissioning Board, a clinical
p.000348: commissioning group or”,
p.000348: (b) omit “or a Primary Care Trust”, and
p.000348: (c) for “the board, authority or trust” substitute “that body”.
p.000348:
p.000348: Health and Social Care Act 2012 (c. 7)
p.000348: Schedule 5 — Part 1: amendments of other enactments
p.000349: 349
p.000349: (3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.
p.000349: (4) In subsection (3), in paragraph (a)—
p.000349: (a) after “request is made of” insert “the National Health Service Commissioning Board, a clinical
p.000349: commissioning group or”,
p.000349: (b) omit “or Primary Care Trust”, and
p.000349: (c) for “that board or trust” substitute “that body”.
p.000349: (5) In subsection (4)—
p.000349: (a) for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board,
p.000349: a clinical commissioning group or a Local Health Board”, and
p.000349: (b) omit “or a trust”.
p.000349: 79 (1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows.
p.000349: (2) In subsection (1)—
p.000349: (a) after “where” insert “a clinical commissioning group,” and
p.000349: (b) omit “a Primary Care Trust,”.
p.000349: (3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.
p.000349: (4) In subsection (3) for “trust” substitute “other body”.
p.000349: 80 In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in
p.000349: paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.
p.000349: Audit Commission Act 1998 (c. 18)
p.000349: 81 In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain
p.000349: Commission studies)—
p.000349: (a) omit paragraph (a), and
p.000349: (b) omit paragraph (b).
p.000349: Data Protection Act 1998 (c. 29)
p.000349: 82 In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—
p.000349: (a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,
p.000349: (b) in subsection (3), omit paragraph (a),
p.000349: (c) in that subsection, before paragraph (b) insert—
p.000349: “(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000349: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000349: (ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000349: to 7B or 13 of Schedule 1 to, that Act,”, and
p.000349: (d) in that subsection, omit paragraph (bb).
p.000349:
p.000350: 350
p.000350:
p.000350: Crime and Disorder Act 1998 (c. 37)
p.000350: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000350: 83 The Crime and Disorder Act 1998 is amended as follows.
p.000350: 84 In section 5 (authorities responsible for crime and disorder strategies), in subsection
p.000350: (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.
p.000350: 85 In section 38 (local provision of youth justice services), in subsection (2)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”, and
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 86 In section 39 (Youth Offending Teams), in subsection (3)(b)—
p.000350: (a) after “local probation board” insert “, clinical commissioning group or”,
p.000350: (b) omit “, Strategic Health Authority,”, and
p.000350: (c) omit “or Primary Care Trust”.
p.000350: 87 In that section, in subsection (5)(d)—
p.000350: (a) after “nominated by” insert “a clinical commissioning group or”, and
p.000350: (b) omit “a Primary Care Trust or”.
p.000350: 88 In section 41 (the Youth Justice Board), in subsection (10)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “and”, and
p.000350: (c) omit “and a Primary Care Trust”.
p.000350: 89 In section 42 (supplementary provisions), in subsection (3)—
p.000350: (a) after “provider of probation services,” insert “a clinical commissioning group,”,
p.000350: (b) for “, a Strategic Health Authority,” substitute “or”, and
p.000350: (c) omit “or a Primary Care Trust”.
p.000350: 90 In section 115, in subsection (2) (disclosure of information to relevant authorities)—
p.000350: (a) omit paragraph (ea),
p.000350: (b) after paragraph (f) insert—
p.000350: “(fa) the National Health Service Commissioning Board; (fb) a clinical commissioning group;”, and
p.000350: (c) omit paragraph (g).
p.000350: Health Act 1999 (c. 8)
p.000350: 91 The Health Act 1999 is amended as follows.
p.000350: 92 In section 61 (English and Scottish border provisions)—
p.000350: (a) in subsection (2)—
p.000350: (i) after “Secretary of State” insert “, the National Health Service Commissioning Board”,
p.000350: (ii) after “any” insert “clinical commissioning group”,
p.000350: (iii) omit “Strategic Health Authority”, and
p.000350:
p.000350: Health and Social Care Act 2012 (c. 7)
p.000350: Schedule 5 — Part 1: amendments of other enactments
p.000350: (iv) omit “or Primary Care Trust”, and
p.000350: (b) in subsection (5)—
p.000350: (i) after “any” insert “clinical commissioning group”, and
p.000350: (ii) omit “Primary Care Trust”.
p.000350: 93 In Schedule 4 (amendments relating to Primary Care Trusts)—
p.000351: 351
p.000351: (a) omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and
p.000351: (b) omit paragraphs 3(c), 82 and 85(2).
p.000351: Greater London Authority Act 1999 (c. 29)
p.000351: 94 In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included
p.000351: among relevant bodies for purposes of Mayor of London’s health inequalities strategy)—
p.000351: (a) omit paragraph (f),
p.000351: (b) omit paragraph (g), and
p.000351: (c) before paragraph (h) insert—
p.000351: “(ga) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000351: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000351: (gb) the National Health Service Commissioning Board, (gc) any clinical commissioning group (established under
p.000351: section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London,”.
p.000351: Care Standards Act 2000 (c. 14)
p.000351: 95 In section 121 of the Care Standards Act 2000 (interpretation), in subsection
p.000351: (1) in the definition of “National Health Service body”—
p.000351: (a) omit “a Strategic Health Authority,”, and
p.000351: (b) omit “, a Primary Care Trust”.
p.000351: Government Resources and Accounts Act 2000 (c. 20)
p.000351: 96 (1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is
p.000351: amended as follows.
p.000351: (2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.
p.000351: (3) Omit subsection (3).
p.000351: (4) In subsection (4) for “that subsection” substitute “subsection (1)”.
p.000351: Local Government Act 2000 (c. 22)
p.000351: 97 In section 21C of the Local Government Act 2000 (reports and recommendations of
p.000351: overview and scrutiny committees: duties of certain bodies), in subsection (6)—
p.000351: (a) before paragraph (b) insert—
p.000351: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group, or”, and
p.000351:
p.000352: 352
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) omit paragraph (c) and the preceding “or”.
p.000352: Regulation of Investigatory Powers Act 2000 (c. 23)
p.000352: 98 In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful
p.000352: interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute
p.000352: “section 4(3A)(a) of the National Health Service Act 2006”.
p.000352: Freedom of Information Act 2000 (c. 36)
p.000352: 99 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—
p.000352: (a) omit paragraph 36A,
p.000352: (b) before paragraph 38 insert—
p.000352: “37A The National Health Service Commissioning Board.
p.000352: 37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000352: (c) omit paragraph 39.
p.000352: International Development Act 2002 (c. 1)
p.000352: 100 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of
p.000352: that Act)—
p.000352: (a) before the entry for a Health Board insert—
p.000352: “the National Health Service Commissioning Board a clinical commissioning group”,
p.000352: (b) omit the entry for a Primary Care Trust, and
p.000352: (c) omit the entry for a Strategic Health Authority.
p.000352: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000352: 101 The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.
p.000352: 102 Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).
p.000352: 103 Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).
p.000352: Adoption and Children Act 2002 (c. 38)
p.000352: 104 The Adoption and Children Act 2002 is amended as follows.
p.000352: 105 In section 4 (assessments etc for adoption support services), in subsection (9)—
p.000352: (a) before paragraph (a) insert—
p.000352: “(za) there may be a need for the provision to that person of services that may be provided pursuant
p.000352: to arrangements made by a clinical commissioning group under the National Health Service Act 2006
p.000352: (including by virtue of section 7A of that Act),”,
p.000352:
p.000352: Health and Social Care Act 2012 (c. 7)
p.000352: Schedule 5 — Part 1: amendments of other enactments
p.000352: (b) in paragraph (a) omit “a Primary Care Trust”, and
p.000352: (c) in the text following paragraph (b)—
p.000353: 353
p.000353: (i) after “notify that” insert “clinical commissioning group,”, and
p.000353: (ii) omit “Primary Care Trust,”.
p.000353: 106 In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—
p.000353: (a) before paragraph (d) insert—
p.000353: “(ca) the National Health Service Commissioning Board,”, and
p.000353: (b) in paragraph (d)—
p.000353: (i) omit “, Primary Care Trust”, and
p.000353: (ii) before “(in Wales,” insert “, clinical commissioning group”.
p.000353: Nationality, Immigration and Asylum Act 2002 (c. 41)
p.000353: 107 In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical
p.000353: inspector to disclose information to health service bodies), in paragraph (a)—
p.000353: (a) omit sub-paragraph (i),
p.000353: (b) before sub-paragraph (ii) insert—
p.000353: “(ia) the National Health Service Commissioning Board,
p.000353: (ib) a clinical commissioning group established under section 14D of the National Health Service Act 2006,
p.000353: (ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000353: to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000353: (c) omit sub-paragraph (iii).
p.000353: Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
p.000353: 108 The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.
p.000353: 109 In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the
p.000353: definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.
p.000353: 110 In section 9 (dispute resolution)—
p.000353: (a) in subsection (1) omit “by Strategic Health Authorities in England and”,
p.000353: (b) at the end of that subsection insert “in relation to Wales”,
p.000353: (c) in subsection (2) omit —
p.000353: (i) “Strategic Health Authority or”, and
p.000353: (ii) “Authority or”,
p.000353: (d) in subsection (3)—
p.000353: (i) for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,
p.000353: (ii) omit “a Strategic Health Authority or”, and
p.000353:
p.000354: 354
p.000354: Health and Social Care Act 2012 (c. 7)
p.000354: Schedule 5 — Part 1: amendments of other enactments
p.000354: (iii) omit “Authority or”, and
p.000354: (e) in subsection (4)(a) omit “Strategic Health Authority or”.
p.000354: Licensing Act 2003 (c. 17)
p.000354: 111 The Licensing Act 2003 is amended as follows.
p.000354: 112 In section 5(3) (statement of licensing policy)—
p.000354: (a) in paragraph (ba) omit “Primary Care Trust or”, and
p.000354: (b) after that paragraph insert—
p.000354: “(bb) each local authority in England whose public health functions within the meaning of the National Health
p.000354: Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority’s area,”.
p.000354: 113 In section 13(4) (authorised persons, interested parties and responsible authorities)—
p.000354: (a) in paragraph (ba) omit “Primary Care Trust or”, and
p.000354: (b) after that paragraph insert—
p.000354: “(bb) the local authority in England whose public health functions within the meaning of the National Health
p.000354: Service Act 2006 are exercisable in respect of any area in which the premises are situated,”.
p.000354: 114 In section 16 (applicant for premises licence), in subsection (3), in the definition of “health
p.000354: service body” omit paragraph (b).
p.000354: 115 In section 69(4) (authorised persons, interested parties and responsible authorities)—
p.000354: (a) in paragraph (ba) omit “Primary Care Trust or”, and
p.000354: (b) after that paragraph insert—
p.000354: “(bb) the local authority in England whose public health functions within the meaning of the National Health
p.000354: Service Act 2006 are exercisable in respect of any area in which the premises are situated,”.
p.000354: 116 In section 172B(4) (procedural requirements for early morning alcohol restriction order)—
p.000354: (a) in paragraph (d) omit “Primary Care Trust or”, and
p.000354: (b) after that paragraph insert—
p.000354: “(da) the local authority in England whose public health functions within the meaning of the National Health
p.000354: Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the
p.000354: order,”.
p.000354: Sexual Offences Act 2003 (c. 42)
p.000354: 117 In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the
p.000354: definition of “National Health Service body”—
p.000354: (a) after paragraph (b) insert—
p.000354: “(ba) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or
p.000354: paragraph 7C,
p.000354:
p.000354: Health and Social Care Act 2012 (c. 7)
p.000354: Schedule 5 — Part 1: amendments of other enactments
p.000355: 355
p.000355: 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000355: (bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1
p.000355: to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,”, and
p.000355: (b) omit paragraph (c).
p.000355: Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
p.000355: 118 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
p.000355: 119 In section 71 (reporting to Secretary of State and regulator)—
p.000355: (a) in subsection (2), after “special measures” insert “or request another person to take special measures”, and
p.000355: (b) omit subsections (3) and (4).
p.000355: 120 In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
p.000355: “(d) anything done by the National Health Service Commissioning Board or a clinical
p.000355: commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act
p.000355: 2006.”
p.000355: 121 In section 148 (interpretation of Part 2), in the definition of “English NHS body”—
p.000355: (a) omit paragraph (a),
p.000355: (b) omit paragraph (b), and
p.000355: (c) before paragraph (d) insert—
p.000355: “(ca) the National Health Service Commissioning Board; (cb) a clinical commissioning group;”.
p.000355: 122 In section 160 (provision of information)—
p.000355: (a) in subsection (1), after paragraph (g) insert—
p.000355: “(h) if the injured person received NHS treatment pursuant to arrangements made by a
p.000355: clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the
p.000355: clinical commissioning group.”, and
p.000355: (b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or”
p.000355: preceding it.’.
p.000355: 123 In section 165 (power to apply provisions about recovery of charges to non- NHS hospitals), in subsection
p.000355: (3)(b)—
p.000355: (a) omit sub-paragraph (i), and
p.000355: (b) before sub-paragraph (ii) insert—
p.000355: “(ia) the National Health Service Commissioning Board,
p.000355: (ib) a clinical commissioning group,”.
p.000355:
p.000356: 356
p.000356:
p.000356: Criminal Justice Act 2003 (c. 44)
p.000356: Health and Social Care Act 2012 (c. 7) Schedule 5 — Part 1: amendments of other enactments
p.000356: 124 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain
p.000356: offenders)—
p.000356: (a) after subsection (6)(b) insert—
p.000356: “(ba) the National Health Service Commissioning Board,”,
p.000356: (b) after subsection (6)(d) insert—
p.000356: “(da) every local authority (in its capacity as a person exercising functions for the purposes of the
p.000356: health service) any part of whose area falls within the relevant area,”,
p.000356: (c) in subsection (6)(f) omit “or Strategic Health Authority”, and
p.000356: (d) in subsection (6)(g)—
p.000356: (i) after “every” insert “clinical commissioning group or”, and
p.000356: (ii) omit “Primary Care Trust or”.
p.000356: Carers (Equal Opportunities) Act 2004 (c. 15)
p.000356: 125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended
p.000356: as follows.
p.000356: (2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.
p.000356: (3) In subsection (3) after “provide” insert “or arrange for the provision of”.
p.000356: (4) In subsection (5)—
p.000356: (a) omit the “and” at the end of paragraph (c) and insert—
p.000356: “(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or
p.000356: paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,
p.000356: (cb) the National Health Service Commissioning Board, and”, and
p.000356: (b) in paragraph (d)—
p.000356: (i) after “any” insert “clinical commissioning group,”, and
p.000356: (ii) omit “Primary Care Trust,”.
p.000356: Domestic Violence, Crime and Victims Act 2004 (c. 28)
p.000356: 126 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and
p.000356: conduct of domestic homicide reviews), in the list in subsection (4)(a)—
p.000356: (a) after the entry for local probation boards insert—
p.000356: “the National Health Service Commissioning Board; clinical commissioning groups established under
p.000356: section 14D of the National Health Service Act 2006;”,
p.000356: (b) omit the entry for Strategic Health Authorities, and
p.000356: (c) omit the entry for Primary Care Trusts.
p.000356: Children Act 2004 (c. 31)
p.000356: 127 The Children Act 2004 is amended as follows.
p.000356:
p.000356: Health and Social Care Act 2012 (c. 7)
p.000356: Schedule 5 — Part 1: amendments of other enactments
p.000356: 128 In section 10 (co-operation to improve wellbeing), in subsection (4)—
p.000356: (a) after paragraph (d) insert—
p.000357: 357
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: 129 In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—
p.000357: (a) after paragraph (b) insert—
p.000357: “(ba) the National Health Service Commissioning Board;”
p.000357: (b) after paragraph (ba) (as inserted by paragraph (a) above) insert— “(bb) a clinical commissioning group;”,
p.000357: (c) omit paragraph (c), and
p.000357: (d) omit paragraph (e).
p.000357: 130 In section 12A (establishment of children’s trust boards), after subsection (7) at the end insert
p.000357: “otherwise than by virtue of section 10(4)(da) or (db)”.
p.000357: 131 In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—
p.000357: (a) after paragraph (d) insert—
p.000357: “(da) the National Health Service Commissioning Board;”,
p.000357: (b) after paragraph (da) (as inserted by paragraph (a) above) insert— “(db) any clinical commissioning group for
p.000357: an area any part
p.000357: of which falls within the area of the authority;”, and
p.000357: (c) omit paragraph (e).
p.000357: Civil Contingencies Act 2004 (c. 36)
p.000357: 132 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
p.000357: (2) In Part 1 (which contains the general list of Category 1 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “4A The National Health Service Commissioning Board.”, and
p.000357: (b) omit paragraph 7.
p.000357: (3) In Part 3 (which contains the general list of Category 2 responders)—
p.000357: (a) after the cross-heading “Health” insert—
p.000357: “29ZA A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
p.000357: (b) omit paragraph 29A.
p.000357: Mental Capacity Act 2005 (c. 9)
p.000357: 133 The Mental Capacity Act 2005 is amended as follows.
p.000357: 134 In section 35 (appointment of independent mental capacity advocates)—
p.000357: (a) in subsection (1), for “appropriate authority” substitute “responsible authority”,
p.000357:
p.000358: 358
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000358:
p.000358: (b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and
p.000358: (c) after subsection (6) insert—
p.000358: “(6A) In subsections (1) and (4), “the responsible authority” means—
p.000358: (a) in relation to the provision of the services of independent mental capacity advocates in the
p.000358: area of a local authority in England, that local authority, and
p.000358: (b) in relation to the provision of the services of independent mental capacity advocates in Wales,
p.000358: the Welsh Ministers.
p.000358: (6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it
p.000358: does not include the council of a county or county borough in Wales.”
p.000358: 135 In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after
p.000358: “except in” insert “section 35(6A)(a) and”.
p.000358: 136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows.
p.000358: (2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—
p.000358: (a) in paragraph (a) omit “Primary Care Trust,”,
p.000358: (b) in that paragraph omit “Strategic Health Authority,”,
p.000358: (c) after that paragraph insert—
p.000358: “(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special
p.000358: Health Authority has responsibility for its administration, the Secretary of State;”, and
p.000358: (d) in paragraph (b) omit “Primary Care Trust,”.
p.000358: (3) In paragraph 180 (supervisory bodies: hospitals in England)—
p.000358: (a) for sub-paragraph (2) substitute—
p.000358: “(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body
p.000358: are that local authority.”,
p.000358: (b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England
p.000358: and”,
p.000358: (c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,
p.000358: (d) after sub-paragraph (4) insert—
p.000358: “(4A) “Local authority” means—
p.000358: (a) the council of a county;
p.000358: (b) the council of a district for which there is no county council;
p.000358: (c) the council of a London borough;
p.000358: (d) the Common Council of the City of London;
p.000358: (e) the Council of the Isles of Scilly.”, and
p.000358: (e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.
p.000358:
p.000358: Health and Social Care Act 2012 (c. 7)
p.000358: Schedule 5 — Part 1: amendments of other enactments
p.000359: 359
p.000359: (4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub- paragraph (3) substitute—
p.000359: “(3) But if the relevant person is ordinarily resident in the area of a local authority in England, the
p.000359: supervisory body are that local authority.
p.000359: (4) “Local authority” means—
p.000359: (a) the council of a county;
p.000359: (b) the council of a district for which there is no county council;
p.000359: (c) the council of a London borough;
p.000359: (d) the Common Council of the City of London;
p.000359: (e) the Council of the Isles of Scilly.”
p.000359: (5) Before paragraph 183 insert the following heading—
p.000359: “Supervisory bodies: determination of place of ordinary residence”.
p.000359: (6) In that paragraph—
p.000359: (a) in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and
p.000359: (b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is
p.000359: ordinarily resident for the purposes of paragraph 182”.
p.000359: Childcare Act 2006 (c. 21)
p.000359: 137 In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in
p.000359: subsection (1)—
p.000359: (a) before paragraph (a) insert—
p.000359: “(za) the National Health Service Commissioning Board;”, and
p.000359: (b) in paragraph (a)—
p.000359: (i) at the beginning insert “a clinical commissioning group”,
p.000359: (ii) omit “a Strategic Health Authority”, and
p.000359: (iii) omit “or Primary Care Trust”.
p.000359: Emergency Workers (Obstruction) Act 2006 (c. 39)
p.000359: 138 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—
p.000359: (a) in subsection (5), in paragraph (a)—
p.000359: (i) after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority
p.000359: in the exercise of public health functions, the National Health Service Commissioning Board, a
p.000359: clinical commissioning group,”, and
p.000359: (ii) omit “, Primary Care Trust”, and
p.000359: (b) after that subsection insert—
p.000359: “(6) In subsection (5)(a) above “public health functions”—
p.000359:
p.000360: 360
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360:
p.000360: (a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National
p.000360: Health Service Act 2006;
p.000360: (b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.”
p.000360: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000360: 139 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—
p.000360: (a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a),
p.000360: 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating
p.000360: to Primary Care Trusts), and
p.000360: (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)
p.000360: (which make amendments relating to Strategic Health Authorities).
p.000360: NHS Redress Act 2006 (c. 44)
p.000360: 140 The NHS Redress Act 2006 is amended as follows.
p.000360: 141 In section 1, in subsection (3)—
p.000360: (a) after paragraph (a) insert—
p.000360: “(aa) the National Health Service Commissioning Board, (ab) a clinical commissioning group,”,
p.000360: (b) omit paragraph (b),
p.000360: (c) omit paragraph (c), and
p.000360: (d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.
p.000360: 142 In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic
p.000360: Health Authority”.
p.000360: Safeguarding Vulnerable Groups Act 2006 (c. 47)
p.000360: 143 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
p.000360: 144 In section 6 (regulated activity providers)—
p.000360: (a) omit subsection (8D), and
p.000360: (b) before subsection (9) insert—
p.000360: “(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make
p.000360: arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical
p.000360: commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health
p.000360: Service Act 2006 (direct payments for health services).”
p.000360: 145 In section 17 (NHS employment) in subsection (3)—
p.000360: (a) before paragraph (a) insert—
p.000360: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000360: (b) omit paragraph (b), and
p.000360:
p.000360: Health and Social Care Act 2012 (c. 7)
p.000360: Schedule 5 — Part 1: amendments of other enactments
p.000360: (c) omit paragraph (f).
p.000361: 361
p.000361: 146 In section 22 (controlled activity relating to vulnerable adults), in subsection
p.000361: (6) in the definition of “hospital services” omit paragraph (d).
p.000361: Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
p.000361: 147 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in
p.000361: subsection (7) in the definition of “relevant NHS body”—
p.000361: (a) before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board;”, and
p.000361: (b) in paragraph (a)—
p.000361: (i) at the beginning insert “a clinical commissioning group,”
p.000361: (ii) omit “a Strategic Health Authority,”, and
p.000361: (iii) omit “Primary Care Trust,”.
p.000361: Local Government and Public Involvement in Health Act 2007 (c. 28)
p.000361: 148 The Local Government and Public Involvement in Health Act 2007 is amended as follows.
p.000361: 149 (1) Section 222 (arrangements relating to local care services) is amended as follows.
p.000361: (2) In subsection (3)—
p.000361: (a) after paragraph (c) insert “or
p.000361: (ca) a clinical commissioning group.”,
p.000361: (b) omit paragraph (d), and
p.000361: (c) omit paragraph (e) and the preceding “or”.
p.000361: (3) After that subsection insert—
p.000361: “(3A) The arrangements must not be made with the National Health Service Commissioning Board.”
p.000361: 150 In section 224 (duties of services-providers to respond to local involvement networks)—
p.000361: (a) for “services-provider”, in each place it appears, substitute “responsible person”,
p.000361: (b) in subsection (2), before paragraph (a) insert—
p.000361: “(za) the National Health Service Commissioning Board; (zb) a clinical commissioning group;”,
p.000361: (c) in that subsection, omit paragraph (c), and
p.000361: (d) in the title, for “services-providers” substitute “responsible persons”.
p.000361: 151 In section 225 (duties of services-providers to allow entry by local involvement
p.000361: networks), in subsection (7), omit paragraph (c).
p.000361: 152 In section 227 (annual reports), in subsection (4)(b)—
p.000361: (a) omit “each Primary Care Trust,”,
p.000361: (b) omit “and”,
p.000361: (c) omit “each Strategic Health Authority,”, and
p.000361:
p.000362: 362
p.000362: Health and Social Care Act 2012 (c. 7)
p.000362: Schedule 5 — Part 1: amendments of other enactments
p.000362: (d) omit the words from “any” to the end.
p.000362: Criminal Justice and Immigration Act 2008 (c. 4)
p.000362: 153 In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance
p.000362: on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).
p.000362: Health and Social Care Act 2008 (c. 14)
p.000362: 154 The Health and Social Care Act 2008 is amended as follows.
p.000362: 155 In section 30 (urgent procedure for cancellation), in subsection (3)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 156 In section 39 (bodies required to be notified of certain matters), in subsection (1)—
p.000362: (a) before paragraph (a) insert—
p.000362: “(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,
p.000362: (b) in paragraph (a)—
p.000362: (i) at the beginning insert “in any case where regulations so provide,”,
p.000362: (ii) after “such” insert “clinical commissioning group”, and
p.000362: (iii) omit “Primary Care Trust”, and
p.000362: (c) omit paragraph (b).
p.000362: 157 In section 46 (reviews and investigations)—
p.000362: (a) omit subsection (1),
p.000362: (b) omit subsection (2), and
p.000362: (c) in subsections (4) and (6)(a), for “a body’s” substitute “a local authority’s”.
p.000362: 158 In section 48 (special reviews and investigations)—
p.000362: (a) in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—
p.000362: “(ba) the exercise of the functions of the National Health Service Commissioning Board or a
p.000362: clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act
p.000362: 2006,”, and
p.000362: (b) in subsection (8) omit paragraph (a) and the word “or” immediately following it.
p.000362: 159 In section 49 (power to extend periodic review function), in subsection (3)—
p.000362:
p.000362: Health and Social Care Act 2012 (c. 7)
p.000362: Schedule 5 — Part 1: amendments of other enactments
p.000362: (a) omit “a Primary Care Trust,”, and
p.000362: (b) omit “another English NHS provider or”.
p.000362: 160 In section 54 (studies as to economy, efficiency etc)—
p.000362: (a) omit subsection (2)(b), and
p.000363: 363
p.000363: (b) in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a
p.000363: clinical commissioning group or”.
p.000363: 161 In section 59 (additional functions) at the end insert—
p.000363: “(3) The references in subsection (1) to English NHS bodies do not include references to the National
p.000363: Health Service Commissioning Board or clinical commissioning groups.”
p.000363: 162 In section 64 (power to require documents and information), in subsection (2)(b)—
p.000363: (a) after “commissioned by” insert “—
p.000363: (i) the National Health Service Commissioning Board,
p.000363: (ii) a clinical commissioning group, or
p.000363: (iii) ”, and
p.000363: (b) omit “a Primary Care Trust”.
...
p.000364: (b) omit paragraph (i).
p.000364:
p.000364: Health and Social Care Act 2012 (c. 7)
p.000364: Schedule 5 — Part 1: amendments of other enactments
p.000364: Health Act 2009 (c. 21)
p.000364: 173 The Health Act 2009 is amended as follows.
p.000365: 365
p.000365: 174 In each of the following provisions for “NHS services” substitute “health services”—
p.000365: (a) the title to Part 1,
p.000365: (b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and
p.000365: (c) the definitions of “carers”, “patients” and “staff” in section 3(7).
p.000365: 175 (1) Section 2 (duty to have regard to NHS constitution) is amended as follows.
p.000365: (2) In subsection (1), for “NHS functions” substitute “health service functions”.
p.000365: (3) In subsection (2)—
p.000365: (a) omit paragraph (a),
p.000365: (b) omit paragraph (b), and
p.000365: (c) before paragraph (d) insert—
p.000365: “(ca) the National Health Service Commissioning Board; (cb) clinical commissioning groups;
p.000365: (cc) local authorities (within the meaning of section 2B of the National Health Service Act 2006);”.
p.000365: (4) In subsection (3), for “an “NHS function”” substitute “a “health service function””.
p.000365: (5) In subsection (4)—
p.000365: (a) before paragraph (a) insert—
p.000365: “(za) provides health services under arrangements made by the National Health Service Commissioning Board or a
p.000365: clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the
p.000365: National Health Service Act 2006,”,
p.000365: (b) omit the word “or” at the end of paragraph (a), and
p.000365: (c) after paragraph (b) insert ‘, or
p.000365: (c) provides health services under arrangements made by a local authority for the purposes of its functions
p.000365: under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.”
p.000365: (6) In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
p.000365: 176 (1) Section 3 (availability and review of NHS constitution) is amended as follows.
p.000365: (2) In subsection (3), omit paragraph (d).
p.000365: (3) Omit subsection (8).
p.000365: 177 (1) Section 8 (duty of providers to publish information) is amended as follows.
p.000365: (2) In subsection (1) for “NHS services” (in each place where it occurs) substitute “relevant health services”.
p.000365: (3) Omit subsection (2)(a).
p.000365:
p.000366: 366
p.000366: Health and Social Care Act 2012 (c. 7)
p.000366: Schedule 5 — Part 1: amendments of other enactments
p.000366: (4) In subsection (3) for paragraphs (a) to (c) substitute—
p.000366: “(a) provides health services as mentioned in section 2(4)(za) or (a), or
p.000366: (b) in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes
p.000366: arrangements for another person to provide health services,”.
p.000366: (5) For subsection (6) substitute— “(6) In this section—
p.000366: “health services” has the same meaning as in Chapter 1; “relevant health services” means health services the provision
p.000366: of which is arranged by the National Health Service Commissioning Board or a clinical
p.000366: commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act
p.000366: 2006 or under or by virtue of Parts 4 to 7 of that Act.”
p.000366: 178 In section 9 (supplementary provision about the duty to publish information), in
p.000366: subsection (3), for “a Strategic Health Authority” substitute “Monitor”.
p.000366: 179 In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3)
p.000366: after paragraph (a) insert—
p.000366: “(aa) the National Health Service Commissioning Board;”.
p.000366: Equality Act 2010 (c. 15)
p.000366: 180 The Equality Act 2010 is amended as follows.
p.000366: 181 In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)—
p.000366: (a) omit paragraph (h), and
p.000366: (b) omit paragraph (i).
p.000366: 182 In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that
p.000366: includes entries for bodies whose functions relate to the health service—
p.000366: (a) at the beginning insert—
p.000366: “The National Health Service Commissioning Board.
p.000366: A clinical commissioning group established under section 14D of the National Health Service Act 2006.”,
p.000366: (b) in the entry for an NHS trust, for “that Act” substitute “the National Health Service Act 2006”,
p.000366: (c) omit the entry for a Primary Care Trust, and
p.000366: (d) omit the entry for a Strategic Health Authority.
p.000366: Child Poverty Act 2010 (c. 9)
p.000366: 183 In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)—
p.000366: (a) after paragraph (e) insert—
p.000366: “(ea) a clinical commissioning group;”,
p.000366: (b) omit paragraph (f), and
p.000366:
p.000366: Health and Social Care Act 2012 (c. 7)
p.000366: Schedule 5 — Part 1: amendments of other enactments
p.000366: (c) omit paragraph (g).
p.000366: Charities Act 2011 (c. 25)
p.000367: 367
p.000367: 184 In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in
p.000367: subsection (7)—
p.000367: (a) omit paragraph (a),
p.000367: (b) omit paragraph (b),
p.000367: (c) before paragraph (c) insert—
p.000367: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,
p.000367: (bc) trustees for the National Health Service Commissioning Board appointed in
p.000367: pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or
p.000367: (bd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that
p.000367: Act,”, and
p.000367: (d) omit paragraph (f).
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367:
p.000367: Interpretation
p.000367: SCHEDULE 6 Section 55(3)
p.000367: PART 1: TRANSITIONAL PROVISION
p.000367: 1 (1) This paragraph applies for the purposes of this Schedule.
p.000367: (2) “The initial period” means the period that—
p.000367: (a) begins with the commencement of section 25, and
p.000367: (b) ends with the day specified by the Secretary of State for the purposes of section 14A of the 2006 Act (as
p.000367: inserted by section 25).
p.000367: (3) “An initial application” means an application under section 14B of that Act which is made during the initial
p.000367: period.
p.000367: (4) “The Board” means the National Health Service Commissioning Board.
p.000367: (5) “The 2006 Act” means the National Health Service Act 2006.
p.000367: Modification of requirements as to consultation
p.000367: 2 (1) If, at any time before the commencement of section 9, the Secretary of State consults a Special Health
p.000367: Authority as to the making of regulations under section 3B of the 2006 Act (as inserted by section 15), the
p.000367: consultation is to be treated for the purposes of subsection (4)(b) of section 3B as consultation with the Board.
p.000367: (2) If, at any time before the commencement of section 9, the Secretary of State consults a Special Health Authority
p.000367: about the objectives or requirements to be included in the first mandate published under section 13A of the 2006 Act
p.000367: (as inserted by section 23), the consultation is to be treated for the purposes of subsection (8)(a) of section 13A as
p.000367: consultation with the Board.
p.000367:
p.000368: 368
p.000368:
p.000368: Directions under section 7 of the 2006 Act
p.000368: Health and Social Care Act 2012 (c. 7) Schedule 6 — Part 1: transitional provision
p.000368: 3 (1) This paragraph applies if section 21 is commenced before section 33(1).
p.000368: (2) Until section 33(1) is commenced, section 7(1) of the 2006 Act has effect as if after “Special Health
p.000368: Authority” there were inserted “or Strategic Health Authority”.
p.000368: (3) Sub-paragraph (4) applies in relation to any direction given under section 7(1) of the 2006 Act to a
p.000368: Strategic Health Authority which has effect immediately before section 21 is commenced.
p.000368: (4) Until section 33(1) is commenced, the direction continues to have effect as if given to the Strategic Health
p.000368: Authority under section 7(1) of the 2006 Act (as it has effect by virtue of sub-paragraph (2)).
p.000368: (5) Sub-paragraph (6) applies in relation to any direction given under section 7(2) of the 2006 Act to a Special
p.000368: Health Authority in respect of the functions of a Strategic Health Authority which has effect immediately before
p.000368: section 21 is commenced.
p.000368: (6) Until section 33(1) is commenced, the direction continues to have effect as if given to the Special Health
p.000368: Authority in respect of the functions of the Strategic Health Authority under section 7(1) of the 2006 Act.
p.000368: (7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference to that provision as amended by
p.000368: section 21.
p.000368: 4 (1) This paragraph applies if section 21 is commenced before section 34(1).
p.000368: (2) Until section 34(1) is commenced, section 7(1) of the 2006 Act has effect as if after “Special Health
p.000368: Authority” there were inserted “or Primary Care Trust”.
p.000368: (3) Sub-paragraph (4) applies in relation to any direction given under section 7(1) of the 2006 Act to a Primary Care
p.000368: Trust which has effect immediately before section 21 is commenced.
p.000368: (4) Until section 34(1) is commenced, the direction continues to have effect as if given to the Primary Care Trust
p.000368: under section 7(1) of the 2006 Act (as it has effect by virtue of sub-paragraph (2)).
p.000368: (5) Sub-paragraph (6) applies in relation to any direction given under section 7(2) of the 2006 Act to a Special
p.000368: Health Authority in respect of the functions of a Primary Care Trust which has effect immediately before section 21 is
p.000368: commenced.
p.000368: (6) Until section 34(1) is commenced, the direction continues to have effect as if given to the Special Health
p.000368: Authority in respect of the functions of the Primary Care Trust under section 7(1) of the 2006 Act.
p.000368: (7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference to that provision as amended by
p.000368: section 21.
p.000368: 5 (1) Sub-paragraph (2) applies in relation to any direction given under section 7(1) of the 2006 Act to a
p.000368: Special Health Authority which has effect immediately before section 21 is commenced.
p.000368:
p.000368: Health and Social Care Act 2012 (c. 7) Schedule 6 — Part 1: transitional provision
p.000369: 369
p.000369: (2) The direction continues to have effect on and after the commencement of that section as if given under section
p.000369: 7(1) of the 2006 Act (as amended by section 21).
p.000369: (3) The amendment made by section 21(6) does not affect—
p.000369: (a) the validity of any direction made by an instrument in writing which continues to have effect by virtue of
p.000369: sub-paragraph (2),
p.000369: (b) any power to vary such a direction otherwise than for the purpose of directing the Special Health Authority
p.000369: concerned to exercise an additional function, or
p.000369: (c) any power to revoke such a direction.
p.000369: 6 Any reference in paragraphs 3 to 5 to the commencement of section 21 is to its commencement by virtue of
p.000369: an order under section 306(4) (and not to its commencement for limited purposes by virtue of section 306(1)(d)).
p.000369: Exercise of Secretary of State’s functions in relation to Primary Care Trusts
p.000369: 7 (1) The Secretary of State may, at any time during the initial period, direct the Board to exercise any
p.000369: functions of the Secretary of State that—
p.000369: (a) relate to Primary Care Trusts or Strategic Health Authorities, and
p.000369: (b) are specified in the direction.
p.000369: (2) Sub-paragraph (1) does not apply to any power or duty of the Secretary of State to make an order or regulations.
p.000369: (3) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by the
p.000369: Board of any function exercisable by it by virtue of sub-paragraph (1) are enforceable by or against the Board (and no
p.000369: other person).
p.000369: Conditional establishment of clinical commissioning groups
p.000369: 8 (1) Regulations may make provision authorising the Board to grant an initial application where the Board is not
p.000369: satisfied as to the matters mentioned in section 14C(2) of the 2006 Act.
p.000369: (2) In the following provisions of this paragraph, any reference to the grant of an initial application is a reference
p.000369: to the grant of such an application by virtue of the regulations.
p.000369: (3) The regulations may authorise the Board to impose conditions on the grant of an initial application.
p.000369: (4) The regulations may, in relation to a clinical commissioning group established under section
...
p.000400: and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question).
p.000400: Freedom of Information Act 2000 (c. 36)
p.000400: 7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices:
p.000400: general)—
p.000400: (a) at the appropriate place insert— “Monitor.”, and
p.000400: (b) omit the entry for the Independent Regulator of NHS Foundation Trusts.
p.000400: National Health Service Act 2006 (c. 41)
p.000400: 8 The National Health Service Act 2006 is amended as follows.
p.000400: 9 (1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS
p.000400: Foundation Trusts).
p.000400: (2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8).
p.000400: 10 (1) Omit section 32 (general duty of regulator).
p.000400: (2) Despite that repeal, that section is to continue, pending the commencement of section 179 (abolition of NHS trusts
p.000400: in England) to have effect so far as necessary for the purposes of sections 33 to 36 of that Act.
p.000400: 11 In section 275(1) (general interpretation), at the appropriate place, insert— ““the regulator” means
p.000400: Monitor,”.
p.000400: 12 In section 276 (index of defined expressions), in the entry for “the regulator”, for “section 31(1)”
p.000400: substitute “section 275(1)”.
p.000400: National Health Service (Wales) Act 2006 (c. 42)
p.000400: 13 In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in
p.000400: reports by overview and scrutiny committee of local authority), for “the Independent Regulator of NHS
p.000400: Foundation Trusts” substitute “Monitor”.
p.000400: Health and Social Care Act 2008 (c. 14)
p.000400: 14 The Health and Social Care Act 2008 is amended as follows.
p.000400: 15 In section 30(3) (urgent applications for cancellation of registration of service
p.000400:
p.000400: Health and Social Care Act 2012 (c. 7)
p.000400: Schedule 13 — Part 3: minor and consequential amendments
p.000400: provider: notice requirements), for paragraph (c) substitute—
p.000401: 401
p.000401: “(c) where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of
p.000401: the Health and Social Care Act 2012, to Monitor,”.
p.000401: 16 In section 39(1) (notice requirements in relation to certain matters), for paragraph (c)
p.000401: substitute—
p.000401: “(c) where the person registered as a service provider in respect of the activity is a person who holds a licence
p.000401: under Chapter
p.000401: 3 of Part 3 of the Health and Social Care Act 2012, to Monitor,”.
p.000401: 17 In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission),
p.000401: for subsection (2) substitute—
p.000401: “(2) The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons
p.000401: who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.”
p.000401: Health Act 2009 (c. 21)
p.000401: 18 In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph
p.000401: (f) substitute—
p.000401: “(f) Monitor;”.
p.000401: Equality Act 2010 (c.15)
...
p.000405: 33 In section 196(3) (bodies to which provisions about protection from fraud etc. relate), omit paragraph
p.000405: (d).
p.000405: 34 In section 217(1) (supplementary provisions about trusts), omit paragraph (h).
p.000405: 35 In section 242 (public involvement and consultation)—
p.000405: (a) in subsection (1)(b), for “relevant Welsh bodies” substitute “NHS trusts”,
p.000405: (b) in subsection (1A), in the definition of “relevant English body”, omit paragraph (c),
p.000405: (c) in that subsection, omit the definition of “relevant Welsh body”, and
p.000405: (d) in subsection (2), for “relevant Welsh body” substitute “NHS trust”.
p.000405: 36 In section 272 (orders, regulations, rules and directions)—
p.000405: (a) in subsection (3), omit paragraph (e), and
p.000405: (b) omit subsection (5).
p.000405: 37 In section 275 (interpretation), in subsection (1), in the definition of “NHS trust”, for “includes”
p.000405: substitute “means”.
p.000405: 38 In section 276 (index of defined expressions), omit the entry for “NHS trust order”.
p.000405: 39 (1) Schedule 15 (accounts and audit) is amended as follows.
p.000405:
p.000406: 406
p.000406: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part
p.000406: 1 — Amendments of the National Health Service Act 2006
p.000406: (2) In paragraph 1—
p.000406: (a) in sub-paragraph (1) omit paragraphs (d) and (e), and
p.000406: (b) omit sub-paragraph (3).
p.000406: (3) In paragraph 4(1), omit paragraph (b) and the “or” which precedes it.
p.000406: (4) In paragraph 5—
p.000406: (a) in sub-paragraph (1) for “neither a Special Health Authority nor NHS Direct” substitute “not a Special
p.000406: Health Authority”, and
p.000406: (b) in sub-paragraph (3) for “NHS body that is a Special Health Authority or NHS Direct” substitute
p.000406: “Special Health Authority”.
p.000406: (5) In paragraph 6—
p.000406: (a) in sub-paragraph (1) for “an NHS body that is a Special Health Authority or NHS Direct” substitute “a
p.000406: Special Health Authority”, and
p.000406: (b) in sub-paragraph (3) for “body” substitute “Special Health Authority”.
p.000406: 40 In consequence of the repeal of section 56(6) by section 168(6) of this Act, omit paragraph 84 of Schedule
p.000406: 5 to the Health and Social Care Act 2008.
p.000406: PART 2 AMENDMENTS OF OTHER ACTS
p.000406: Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
p.000406: 41 In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions), in
p.000406: the definition of “NHS trust” omit “the National Health Service Act 2006 or”.
p.000406: Public Bodies (Admission to Meetings) Act 1960 (c. 67)
p.000406: 42 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act
p.000406: applies), in paragraph 1(l) omit “section 25 of the National Health Service Act 2006 or”.
p.000406: Abortion Act 1967 (c. 87)
p.000406: 43 In section 1(3) of the Abortion Act 1967 (location of treatment for termination of pregnancy) after
p.000406: “National Health Service trust” insert “established under section 18 of the National Health Service (Wales) Act 2006 or
p.000406: the National Health Service (Scotland) Act 1978”.
p.000406: Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
p.000406: 44 In section 3(2)(a) of the Employers’ Liability (Compulsory Insurance) Act 1969 (NHS bodies exempted from
p.000406: insurance requirement), omit “section 25 of the National Health Service Act 2006,”.
p.000406:
p.000406: Health and Social Care Act 2012 (c. 7)
p.000406: Schedule 14 — Abolition of NHS trusts in England: consequential amendments Part 2 — Amendments of other Acts
p.000406: Local Government Act 1972 (c. 70)
p.000407: 407
p.000407: 45 In section 113(4) of the Local Government Act 1972 (placing of staff of local authorities at disposal
p.000407: of NHS trusts), omit “section 25 of the National Health Service Act 2006 or”.
...
p.000409: Employment Rights Act 1996 (c. 18)
p.000409: 68 The Employment Rights Act 1996 is amended as follows.
p.000409: 69 In section 50(8)(a) (right of employees of NHS trusts to time off for public duties), omit “section 25 of
p.000409: the National Health Service Act 2006,”.
p.000409: 70 In section 218(10)(c) (change of employer) omit “the National Health Service Act 2006 or”.
p.000409: Audit Commission Act 1998 (c. 18)
p.000409: 71 The Audit Commission Act 1998 is amended as follows.
p.000409: 72 Omit section 33(8)(c) (bodies not subject to certain Commission studies).
p.000409: 73 In section 53(1) (interpretation), in the definition of “health service body” omit “or NHS Direct National
p.000409: Health Service Trust”.
p.000409: Data Protection Act 1998 (c. 29)
p.000409: 74 In section 69(3) of the Data Protection Act 1998 (meaning of “health professional”), in
p.000409: paragraph (f) omit “section 25 of the National Health Service Act 2006,”.
p.000409: Health Act 1999 (c. 8)
p.000409: 75 In section 16 of the Health Act 1999 (conversion of initial loans to NHS trusts to public dividend
p.000409: capital), in subsection (5) after the definition of “initial loan” insert—
p.000409: ““NHS trust” includes an NHS trust which was established (by virtue of the National Health Service (Consequential
p.000409: Provisions) Act 2006) under section 25 of the National Health Service Act 2006, prior to the repeal of that section by
p.000409: section 179 of the Health and Social Care Act 2012.”
p.000409: Greater London Authority Act 1999 (c. 29)
p.000409: 76 Omit section 309E(5)(h) of the Greater London Authority Act 1999 (NHS trusts to be included
p.000409: among relevant bodies for purposes of Mayor of London’s health inequalities strategy).
p.000409: Care Standards Act 2000 (c. 14)
p.000409: 77 The Care Standards Act 2000 is amended as follows.
p.000409: 78 In section 42(7) (power to extend application of Part 2), in paragraph (b) of the definition of “Welsh NHS
p.000409: bodies” omit the words from “all or most” to the end.
p.000409: 79 In Schedule 2A (persons subject to review by the Children’s Commissioner for Wales), in paragraph 3 omit
p.000409: the words from “all or most” to the end.
p.000409:
p.000410: 410
p.000410: Health and Social Care Act 2012 (c. 7) Schedule 14 — Abolition of NHS trusts in England: consequential amendments
p.000410: Part 2 — Amendments of other Acts
p.000410: 80 In Schedule 2B (persons whose arrangements are subject to review by the Children’s Commissioner for
p.000410: Wales), in paragraph 4 omit the words from “all or most” to the end.
p.000410: Freedom of Information Act 2000 (c. 36)
p.000410: 81 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales),
p.000410: in paragraph 40, omit “section 25 of the National Health Service Act 2006 or”.
p.000410: International Development Act 2002 (c. 1)
p.000410: 82 In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain
p.000410: powers for the purpose of assisting countries outside the UK), in the entry for National Health Service trusts,
p.000410: omit “the National Health Service Act 2006,”.
...
p.000414: 16 In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for “a Council” substitute “the
p.000414: Welsh Council”.
p.000414:
p.000414: Health and Social Care Act 2012 (c. 7)
p.000414: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000415: 415
p.000415: 17 In section 69 (publication etc. of register), in subsection (1), for “A Council” substitute “The Welsh
p.000415: Council”.
p.000415: 18 Omit section 70 (abolition of the Central Council for Education and Training in Social Work).
p.000415: 19 In section 71 (rules), in subsections (1), (2), (3A) and (4), for “a Council” substitute “the
p.000415: Welsh Council”.
p.000415: 20 In section 113 (default Ministerial powers), omit subsection (1).
p.000415: 21 In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.
p.000415: 22 In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the
p.000415: end.
p.000415: 23 In section 121 (13) (index of defined expressions)—
p.000415: (a) omit the entry for “CCETSW”,
p.000415: (b) omit the entry for references to the Council, the English Council and the Welsh Council, and
p.000415: (c) at the end insert—
p.000415:
p.000415: “the Welsh Council Section 54”.
p.000415:
p.000415: 24 In section 122 (commencement), omit “section 70(2) to (5) and”.
p.000415: 25 In section 123 (extent), omit subsection (3).
p.000415: 26 Schedule 1 (the Care Councils) is amended as follows.
p.000415: 27 Omit paragraph 1 (introductory).
p.000415: 28 In paragraph 2 (status)—
p.000415: (a) for “An authority” substitute “The Welsh Council”, and
p.000415: (b) for “an authority’s” substitute “the Council’s”.
p.000415: 29 In paragraph 3(1) (general powers), for “the Secretary of State, an authority” substitute “the Welsh
p.000415: Ministers, the Welsh Council”.
p.000415: 30 In paragraph 4 (general duty), for “an authority” substitute “the Welsh Council”.
p.000415: 31 For paragraph 5 (membership)—
p.000415: (a) for “Each authority” substitute “The Welsh Council”, and
p.000415: (b) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000415: 32 In paragraph 6 (appointment, procedure etc.)—
p.000415: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000415: (b) in paragraph (a), for “an authority” substitute “the Welsh Council”,
...
p.000416: (5) In sub-paragraph (4)—
p.000416: (a) for “Secretary of State” substitute “Welsh Ministers”,
p.000416: (b) in paragraph (a), for “an authority” substitute “the Council”, and
p.000416: (c) in paragraph (c), for “the authority” substitute “the Council”.
p.000416: 36 (1) Paragraph 13 (delegation of functions) is amended as follows.
p.000416: (2) In sub-paragraph (1)—
p.000416: (a) for “An authority” substitute “The Welsh Council”, and
p.000416: (b) for “the authority” substitute “the Council”.
p.000416: (3) In sub-paragraph (2)—
p.000416: (a) for “An authority” substitute “The Council”, and
p.000416: (b) for “the authority” substitute “the Council”.
p.000416:
p.000416: Health and Social Care Act 2012 (c. 7)
p.000416: Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of The General Social Care Council
p.000416: 37 In paragraph 14 (arrangements for the use of staff)—
p.000416: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000417: 417
p.000417: (b) in paragraph (a), for “an authority” substitute “the Welsh Council”, and
p.000417: (c) in paragraph (b), for “an authority” substitute “the Council”, and for “the authority” substitute “the Council”.
p.000417: 38 In paragraph 16 (payments to authorities)—
p.000417: (a) for “The Secretary of State” substitute “The Welsh Ministers”,
p.000417: (b) for “an authority” substitute “the Welsh Council”, and
p.000417: (c) for “he considers” substitute “they consider”.
p.000417: 39 (1) Paragraph 18 (accounts) is amended as follows.
p.000417: (2) In sub-paragraph (1)—
p.000417: (a) for “An authority” substitute “The Welsh Council”, and
p.000417: (b) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000417: (3) In sub-paragraph (2)—
p.000417: (a) for “An authority” substitute “The Council”, and
p.000417: (b) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000417: (4) In sub-paragraph (3)—
p.000417: (a) for “An authority” substitute “The Council”,
p.000417: (b) for “the Secretary of State”, in each place it appears, substitute “the Welsh Ministers”, and
p.000417: (c) for “the Comptroller and Auditor General” substitute “the Auditor General for Wales”.
p.000417: (5) In sub-paragraph (4)—
p.000417: (a) for “The Comptroller and Auditor General” substitute “The Auditor General for Wales”, and
p.000417: (b) for “Parliament” substitute “the Assembly”.
p.000417: (6) In sub-paragraph (5)—
p.000417: (a) for “an authority” substitute “the Council”, and
p.000417: (b) in paragraph (a), for “the authority” substitute “the Council”.
p.000417: 40 (1) Paragraph 19 (reports etc.) is amended as follows.
p.000417: (2) In sub-paragraph (1)—
p.000417: (a) for “an authority” substitute “the Welsh Council”, and
p.000417: (b) for “the Secretary of State” substitute “the Welsh Ministers”.
p.000417: (3) In sub-paragraph (2)—
p.000417: (a) for “An Authority” substitute “The Council”,
p.000417: (b) for “the Secretary of State” substitute “the Welsh Ministers”, and
p.000417: (c) for “he” substitute “they”.
p.000417: (4) In sub-paragraph (3), for “the authority” substitute “the Council”.
p.000417: 41 In paragraph 20 (application of seal)—
p.000417: (a) for “an authority” substitute “the Welsh Council”, and
p.000417: (b) in paragraphs (a) and (b), for “the authority” substitute “the Council”.
p.000417:
p.000418: 418
p.000418: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings Part 1 — Abolition of
p.000418: The General Social Care Council
p.000418: 42 In paragraph 21 (evidence), for “an authority” substitute “the Welsh Council”.
p.000418: 43 For the title to Schedule 1 substitute “The Welsh Council”.
p.000418: Amendments to the Health and Social Care Act 2008 (c. 14)
p.000418: 44 The Health and Social Care Act 2008 is amended as follows.
p.000418: 45 (1) In section 124 (regulation of social care workers)—
p.000418: (a) in subsection (1), for “appropriate Minister”, in each place it appears, substitute “Welsh Ministers”,
p.000418: (b) in that subsection, for “their regulation” substitute “the regulation of social care workers”, and
p.000418: (c) in subsection (3), omit the definition of “the appropriate Minister”.
p.000418: (2) For the title to that section substitute “Regulation of social care workers: Wales”.
p.000418: 46 Section 125 (standard of proof in proceedings relating to registration of social care worker)—
p.000418: (a) in subsection (2), for “a committee of a Council, a Council itself or any officer of a Council” substitute “the
p.000418: Care Council for Wales, a committee of the Council or any officer of the Council”, and
p.000418: (b) in subsection (3), omit paragraph (a).
p.000418: 47 (1) Section 126 (education and training of approved mental health professionals) is
p.000418: amended as follows.
p.000418: (2) In subsection (1)—
p.000418: (a) for “appropriate Minister” substitute “Welsh Ministers”, and
p.000418: (b) omit “the General Social Care Council or”.
p.000418: (3) In subsection (4), omit the definition of “the appropriate Minister”.
...
p.000420: 56 In the following provisions, for “the Health Professions Council” substitute “the Health and Care
p.000420: Professions Council”—
p.000420: (a) Part 6 of Schedule 1 to the Freedom of Information Act 2000,
p.000420: (b) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002,
p.000420: (c) section 4(4)(a) of the Health (Wales) Act 2003,
p.000420: (d) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003,
p.000420: (e) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and
p.000420: (f) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007.
p.000420: 57 In section 257(3) of the Armed Forces Act 2006 (definition of “registered social worker”), for
p.000420: paragraph (a) substitute—
p.000420: “(a) the Health and Care Professions Council;”.
p.000420: 58 After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert—
p.000420: “(6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that
p.000420: body in so far as it has functions relating to the social work profession in England or social care workers in England
p.000420: (each of those expressions having the same meaning as in section 60 of the Health Act 1999).”
p.000420: PART 3
p.000420: THE PROFESSIONAL STANDARDS AUTHORITY FOR HEALTH AND SOCIAL CARE
p.000420: General
p.000420: 59 (1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be
p.000420: read, in relation to any time after the commencement of section 222(1), as a reference to the
p.000420: Professional Standards Authority for Health and Social Care.
p.000420: (2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional
p.000420: Standards Authority for Health and Social Care is to be read, in relation to any time before the
p.000420: commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence.
p.000420: (3) In sub-paragraph (2), “enactment” means an enactment contained in, or in an instrument made under—
p.000420: (a) an Act of Parliament,
p.000420: (b) an Act of the Scottish Parliament,
p.000420:
p.000420: Health and Social Care Act 2012 (c. 7)
p.000420: Schedule 15 — Part 7: consequential amendments and savings
p.000420: Part 3 — The Professional Standards Authority for Health and Social Care
p.000420: (c) an Act or Measure of the National Assembly for Wales, or
p.000420: (d) Northern Ireland legislation.
p.000420: Health Act 1999 (c. 8)
p.000420: 60 In section 60(1) of the Health Act 1999—
p.000421: 421
p.000421: (a) in paragraph (c), for “the Council for Healthcare Regulatory Excellence” substitute “the
p.000421: Professional Standards Authority for Health and Social Care”, and
p.000421: (b) in each of paragraphs (d) and (e), for “Council” substitute “Authority”.
p.000421: 61 In paragraph 7(4) of Schedule 3 to that Act, for “the Council for Healthcare Regulatory Excellence”
p.000421: substitute “the Professional Standards Authority for Health and Social Care”.
p.000421: National Health Service Reform and Health Care Professions Act 2002 (c. 17)
p.000421: 62 In each of the following provisions of the National Health Service Reform and Health Care
p.000421: Professions Act 2002, for “Council” substitute “Authority”—
p.000421: (a) section 25(2), (2A) and (4), (b) section 26(1), (2), (3) and (4),
p.000421: (c) section 26A(1) (in each place it appears) and (2),
p.000421: (d) section 26B(1) and (4) (in each case, in each place it appears), (e) section 27(1), (2), (4), (10) and (14),
p.000421: (f) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4),
p.000421: (g) section 29(4) and (7) (in each case, in each place it appears),
p.000421: (h) in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1)
p.000421: and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each
p.000421: place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a)
p.000421: and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b),
p.000421: (i) the title of each of sections 26, 27 and 29, and
p.000421: (j) the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7.
p.000421: 63 In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for “The Council”
p.000421: substitute “The Authority”.
p.000421: 64 Omit section 26(12) of that Act.
p.000421: 65 In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council’s” substitute
p.000421: “Authority’s”.
p.000421: 66 For the title to Schedule 7 substitute “The Professional Standards Authority for Health and Social Care”.
p.000421: Other Acts, etc.
p.000421: 67 In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for “regulated
p.000421: by the Council for Healthcare Regulatory Excellence under section 25” substitute “listed in section 25(3)”.
p.000421:
p.000422: 422
p.000422: Health and Social Care Act 2012 (c. 7) Schedule 15 — Part 7: consequential amendments and savings
p.000422: Part 3 — The Professional Standards Authority for Health and Social Care
p.000422: 68 In each of the following provisions, for “the Council for Healthcare Regulatory
p.000422: Excellence” substitute “the Professional Standards Authority for Health and Social Care”—
p.000422: (a) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960,
p.000422: (b) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 201(4) of the National Health
p.000422: Service Act 2006, and
p.000422: (c) paragraph (b) of the definition of “relevant disciplinary proceedings” in section 149(4) of the National Health
p.000422: Service (Wales) Act 2006.
p.000422: 69 (1) In each of the following provisions, omit the entry for “The Council for Healthcare Regulatory
p.000422: Excellence”—
p.000422: (a) Schedule 1 to the Public Records Act 1958,
p.000422: (b) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (c) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and
p.000422: (d) Part 6 of Schedule 1 to the Freedom of Information Act 2000.
p.000422: (2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert—
p.000422: “The Professional Standards Authority for Health and Social Care”.
p.000422: (3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a
p.000422: reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification)
p.000422: Order 2006, which has itself been revoked).
p.000422: PART 4
p.000422: THE OFFICE OF THE HEALTH PROFESSIONS ADJUDICATOR
p.000422: Miscellaneous amendments
p.000422: 70 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb).
p.000422: 71 (1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following—
p.000422: (a) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975,
p.000422: (b) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975,
p.000422: (c) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and
p.000422: (d) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order
p.000422: 2007 (S.I. 2007/2951).
p.000422: (2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and
p.000422: Social Care Act 2008 and the preceding “and” in each case.
p.000422: (3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA
p.000422: in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked).
p.000422:
p.000422: Health and Social Care Act 2012 (c. 7)
p.000422: Schedule 15 — Part 7: consequential amendments and savings Part 4 — The Office of the Health Professions Adjudicator
p.000423: 423
...
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006.
p.000443: (12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000443: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000443: for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting
p.000443: jointly.
p.000443: (13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is
p.000443: a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443: (14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the
p.000443: substitution for references to the Secretary of State—
p.000443: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000443: Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and
p.000443: (b) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly.
p.000443: (15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special
p.000443: Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
p.000443: (a) falls within subsection (1); and
p.000443: (b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and
p.000443: the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
p.000443:
p.000444: 444
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444:
p.000444: (16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so
p.000444: far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution
p.000444: for references to the Secretary of State—
p.000444: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000444: references to the Secretary of State and the Scottish Ministers acting jointly;
p.000444: (b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh
p.000444: Ministers and the Scottish Ministers acting jointly; and
p.000444: (c) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000444: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000444: (17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority
p.000444: which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by
p.000444: virtue of—
p.000444: (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
p.000444: (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the
p.000444: National Health Service (Wales) Act 2006 being exercised together.”
p.000444: 3 (1) Section 17C (personal medical or dental services) is amended as follows.
p.000444: (2) In subsection (5)—
p.000444: (a) in paragraph (a), for the words from “the Board by” to the end substitute “the Board by a Local
p.000444: Health Board”, and
p.000444: (b) in paragraph (b), for the words from “exercisable by” to “the Authority” substitute “exercisable
p.000444: by a Local Health Board in relation to an agreement made under section 50 of the National Health
p.000444: Service (Wales) Act 2006 to be exercisable on behalf of the Local Health Board”.
p.000444: (3) In subsection (6), for the first definition substitute—
p.000444: ““Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales)
p.000444: Act 2006;”.
p.000444: (4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to
p.000444: the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it.
p.000444: 4 In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in
p.000444: paragraph (b) of the definition of “NHS employee”—
p.000444: (a) in sub-paragraph (ii) omit “a Primary Care Trust or”,
p.000444: (b) in sub-paragraph (iii)—
p.000444: (i) after “NHS trust” insert “within the meaning of the National Health Service Act (Wales) 2006”, and
p.000444: (c) omit the words from “and in this paragraph” to the end.
p.000444:
p.000444: Health and Social Care Act 2012 (c. 7)
p.000444: Schedule 21 — Amendments relating to relationships between the health services
p.000444: National Health Service Act 2006 (c. 41)
p.000444: 5 The National Health Service Act 2006 is amended as follows.
p.000444: 6 In section 9 (NHS contracts), in subsection (4)—
p.000444: (a) after paragraph (f) insert—
p.000445: 445
p.000445: “(fa) a Special Health Board constituted under that section,”, and
p.000445: (b) after paragraph (n) insert—
p.000445: “(na) the Scottish Ministers,
p.000445: (nb) Healthcare Improvement Scotland,”.
p.000445: 7 After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert—
p.000445: “10A Provision for bodies in Scotland
p.000445: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000445: (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed
p.000445: arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978.
p.000445: (2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State of references to the Secretary of State and
p.000445: the Scottish Ministers acting jointly.
p.000445: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a
p.000445: party or prospective party to an arrangement or proposed arrangement which—
p.000445: (a) falls within the definition of NHS contract in section 9(1), and
p.000445: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000445: 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
p.000445: (4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed
p.000445: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000445: with the substitution for references to the Secretary of State—
p.000445: (a) where the cross-border Special Health Authority is exercising functions in relation to England only, of
p.000445: references to the Secretary of State and the Scottish Ministers acting jointly; and
p.000445: (b) where the Authority is exercising functions in relation to England and Wales, of references to the
p.000445: Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
p.000445: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000445: is established under the
p.000445:
p.000446: 446
p.000446: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000446:
p.000446: National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
p.000446: (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
p.000446: (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the
p.000446: National Health Service (Wales) Act 2006 being exercised together.”
p.000446: 8 (1) In section 66 (intervention orders), for subsection (1) substitute— “(1) This section applies to—
p.000446: (a) NHS trusts, and
p.000446: (b) Special Health Authorities.”
p.000446: (2) Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Strategic Health Authorities.
p.000446: (3) Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service
p.000446: Act 2006 has effect as if it included a reference to Primary Care Trusts.
p.000446: 9 (1) Section 67 (effect of intervention orders) is amended as follows.
p.000446: (2) In subsection (1)—
p.000446: (a) in paragraph (a) omit “or Local Health Board, or a member of the board of directors of an NHS trust”, and
p.000446: (b) in paragraph (b)—
p.000446: (i) omit “or Local Health Board,” and
p.000446: (ii) in that paragraph omit “, or an executive director of an NHS trust”.
p.000446: (3) In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of its board of directors)”.
p.000446: 10 (1) In section 68 (default powers), for subsection (1) substitute— “(1) This section applies to—
...
p.000446: (c) before paragraph (c) insert—
p.000447: 447
p.000447: “(ba) the National Health Service Commissioning Board, (bb) a clinical commissioning group,”,
p.000447: (d) after paragraph (f) insert—
p.000447: “(fa) a Special Health Board constituted under that section,”,
p.000447: (e) omit paragraph (j), and
p.000447: (f) after paragraph (n) insert—
p.000447: “(na) the Scottish Ministers,
p.000447: (nb) Healthcare Improvement Scotland,”.
p.000447: 14 After section 8 insert—
p.000447: “8A Provision for bodies in Scotland
p.000447: (1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa),
p.000447: (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed
p.000447: arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978.
p.000447: (2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement with the substitution for references to the Welsh Ministers—
p.000447: (a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the
p.000447: Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and
p.000447: (b) for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly.
p.000447: (3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a
p.000447: party or prospective party to an arrangement or proposed arrangement which—
p.000447: (a) falls within the definition of NHS contract in section 7(1), and
p.000447: (b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act
p.000447: 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006.
p.000447: (4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed
p.000447: arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)
p.000447: with the substitution for references to the Welsh Ministers—
p.000447: (a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references
p.000447: to the Welsh Ministers and the Scottish Ministers acting jointly, and
p.000447: (b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh
p.000447: Ministers and
p.000447:
p.000448: 448
p.000448: Health and Social Care Act 2012 (c. 7) Schedule 21 — Amendments relating to relationships between the health services
p.000448:
p.000448: the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
p.000448: (5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which
p.000448: is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue
p.000448: of—
p.000448: (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
p.000448: (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the
p.000448: National Health Service (Wales) Act 2006 being exercised together.”
p.000448: 15 In section 10 (Welsh Ministers’ arrangements with other bodies), in subsection (4) omit
p.000448: paragraph (b).
p.000448: 16 In section 13 (exercise of Local Health Board functions), in subsection (3)—
p.000448: (a) omit paragraph (a), and
p.000448: (b) before paragraph (b) insert—
p.000448: “(aa) the National Health Service Commissioning Board, (ab) clinical commissioning groups,”.
p.000448: 17 In section 17 (plans for improving health etc), in subsection (6)—
p.000448: (a) in paragraph (g)—
p.000448: (i) after “between” insert “the National Health Service Commissioning Board, clinical
p.000448: commissioning groups,”,
p.000448: (ii) omit “Strategic Health Authorities,”,
p.000448: (iii) omit “Primary Care Trusts,”, and
p.000448: (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “the preparation of joint
p.000448: health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act
p.000448: 2007”, and
p.000448: (b) in paragraph (h)—
p.000448: (i) after “provision by” insert “the National Health Service Commissioning Board, clinical commissioning
p.000448: groups,”,
p.000448: (ii) omit “Strategic Health Authorities,”,
p.000448: (iii) omit “Primary Care Trusts”, and
p.000448: (iv) for “section 24 of the National Health Service Act 2006 (c. 41)” substitute “joint health and wellbeing
p.000448: strategies under section 116A of the Local Government and Public Involvement in Health Act
p.000448: 2007”.
p.000448: 18 In section 22 (special health authorities), omit subsection (6).
p.000448: 19 In section 26 (intervention orders), in subsection (1) after “other than” insert “the National Health
p.000448: Service Commissioning Board, clinical commissioning groups and”.
p.000448: 20 In section 27 (effect of intervention orders), in subsection (1)—
p.000448: (a) omit “Strategic Health Authority,” in each place it occurs, and
p.000448: (b) omit “Primary Care Trust,” in each place it occurs.
p.000448: 21 In section 28 (default powers), in subsection (1) after “other than” insert “the National Health Service
p.000448: Commissioning Board, clinical commissioning groups and”.
p.000448:
p.000448: Health and Social Care Act 2012 (c. 7)
p.000448: Schedule 21 — Amendments relating to relationships between the health services
p.000449: 449
p.000449: 22 In section 34 (power of local authorities to make payments), in subsection (1)—
p.000449: (a) after “payments to” insert “the National Health Service Commissioning Board, a clinical
p.000449: commissioning group”,
p.000449: (b) omit “a Strategic Health Authority,”, and
p.000449: (c) omit “a Primary Care Trust”.
p.000449: 23 In section 36 (directed partnership arrangements), in subsection (3)—
p.000449: (a) omit paragraph (a), and
p.000449: (b) omit paragraph (b).
p.000449: 24 (1) Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows.
p.000449: (2) In subsection (3)—
p.000449: (a) in paragraph (a) omit “or by a Primary Care Trust”, and
p.000449: (b) in paragraph (b) omit “, a Primary Care Trust”.
p.000449: (3) In subsection (6) omit “, a Primary Care Trust” in each place it occurs.
p.000449: (4) In subsection (7), in paragraph (d) omit “, Primary Care Trusts”.
p.000449: 25 In section 39 (conditions of supply under section 38), in subsection (3), omit “Primary Care Trusts,”.
p.000449: 26 In section 41 (duty to provide primary medical services), omit subsection (4).
p.000449: 27 (1) Section 51 (persons with whom agreements for provision of primary medical services may be made) is
p.000449: amended as follows.
p.000449: (2) In subsection (1)(g), omit “Primary Care Trust or”.
p.000449: (3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
p.000449: 28 In section 56 (primary dental services), omit subsection (4).
p.000449: 29 (1) Section 65 (persons with whom agreements for provision of primary dental services may be made) is amended as
p.000449: follows.
p.000449: (2) In subsection (1)(g), omit “Primary Care Trust or”.
p.000449: (3) In subsection (3), in paragraph (b) of the definition of “NHS employee”, omit “Primary Care Trust or”.
p.000449: 30 In section 106 (provision about regulations under section 105), in subsection (2)—
p.000449: (a) omit paragraph (e), and
p.000449: (b) after paragraph (e) insert—
...
p.000450: prescribed, to a Primary Care Trust,”.
p.000450: 33 In section 144 (persons and bodies about which provision is made), in subsection (2) for
p.000450: “section 22(6)” substitute “section 206(1)”.
p.000450: 34 In section 161 (transfers of trust property), in subsection (2)(c)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”
p.000450: 35 (1) Section 162 (transfer of functions and property to or from special trustees) is amended as follows.
p.000450: (2) In subsection (1)—
p.000450: (a) after the first “by” insert “the National Health Service Commissioning Board, a clinical
p.000450: commissioning group,”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: (3) In subsection (3)(a)—
p.000450: (a) after “for” insert “the National Health Service Commissioning Board or a clinical commissioning group”, and
p.000450: (b) omit “a Primary Care Trust,”.
p.000450: 36 In section 181 (payment for medical examination before application for admission to hospital
p.000450: under the Mental Health Act), in subsection (2)(b)—
p.000450: (a) omit “a Primary Care Trust,”, and
p.000450: (b) before “NHS trust” insert “an”.
p.000450: 37 In section 197 (university clinical teaching and research), in subsection (2)(a)—
p.000450: (a) after “exercisable by” insert “the National Health Service Commissioning Board,”,
p.000450: (b) after “a” insert “clinical commissioning group,”,
p.000450: (c) omit “a Strategic Health Authority,”, and
p.000450: (d) omit “Primary Care Trust,”.
p.000450:
p.000450: Health and Social Care Act 2012 (c. 7)
p.000450: Schedule 21 — Amendments relating to relationships between the health services
p.000450: 38 (1) In section 206 (interpretation), in subsection (1)—
p.000450: (a) before the definition of “dental practitioner” insert—
p.000451: 451
p.000451: ““clinical commissioning group” means a body established under section 14D of the National Health
p.000451: Service Act 2006,”,
p.000451: (b) after the definition of “modifications” insert—
p.000451: ““NHS body” means—
p.000451: (a) a Special Health Authority,
p.000451: (b) an NHS trust,
p.000451: (c) an NHS foundation trust,
p.000451: (d) a Local Health Board,
p.000451: (e) the National Health Service Commissioning Board, and
p.000451: (f) a clinical commissioning group.”
p.000451: (c) omit the definition of “Primary Care Trust”, and
p.000451: (d) omit the definition of “Strategic Health Authority”.
p.000451: (2) Until the commencement of section 34 of this Act, the definition of “NHS body” in section 206(1) of the National
p.000451: Health Service (Wales) Act 2006 has effect as if it included a reference to a Primary Care Trust.
p.000451: 39 In Schedule 2 (Local Health Boards), in paragraph 9—
p.000451: (a) omit “Strategic Health Authorities and”,
p.000451: (b) omit “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and
p.000451: (c) for “that Act” substitute “the National Health Service Act 2006”.
p.000451: 40 (1) Schedule 3 (NHS trusts) is amended as follows.
p.000451: (2) In paragraph 5(1)(f) omit “Primary Care Trust,”.
p.000451: (3) In paragraph 6—
p.000451: (a) omit “Strategic Health Authority,” in each place it occurs, and
p.000451: (b) omit “, Primary Care Trust” in each place it occurs.
p.000451: (4) In paragraph 7, in sub-paragraph (3) omit “Strategic Health Authority”.
p.000451: (5) In paragraph 8 omit “, Primary Care Trust” in each place it occurs.
p.000451: (6) In paragraph 9—
p.000451: (a) in sub-paragraph (1)—
p.000451: (i) omit “a Strategic Health Authority,”, and
p.000451: (ii) omit “a Primary Care Trust,”,
p.000451: (b) in sub-paragraph (3)—
p.000451: (i) omit “Strategic Health Authority,”, and
p.000451: (ii) omit “Primary Care Trust,”,
p.000451: (c) in sub-paragraph (6)—
p.000451: (i) omit “a Strategic Health Authority,”, and
p.000451: (ii) omit “a Primary Care Trust,”, and
p.000451: (d) in sub-paragraph (7)—
p.000451: (i) omit “Strategic Health Authority,” in each place it occurs,
p.000451: (ii) omit “or belong to a Primary Care Trust”, and
p.000451: (iii) omit “Primary Care Trust,”.
p.000451:
p.000452: 452
p.000452: Health and Social Care Act 2012 (c. 7)
p.000452: Schedule 21 — Amendments relating to relationships between the health services
p.000452: (7) In paragraph 18—
p.000452: (a) omit “Strategic Health Authority,”, and
p.000452: (b) omit “Primary Care Trust,”.
p.000452: (8) In paragraph 30—
p.000452: (a) omit “Strategic Health Authority,”, and
p.000452: (b) omit “Primary Care Trust,”.
p.000452: 41 (1) Schedule 5 (Special Health Authorities) is amended as follows.
p.000452: (2) In paragraph 3—
p.000452: (a) in sub-paragraph (8)—
p.000452: (i) omit “or to a Strategic Health Authority”, and
p.000452: (ii) omit “, a Strategic Health Authority”, and
p.000452: (b) in sub-paragraph (12)—
p.000452: (i) in paragraph (a) omit “or of a Strategic Health Authority”, and
p.000452: (ii) in paragraph (b) omit “or by a Strategic Health Authority”.
p.000452: (3) In paragraph 13, for “a Strategic Health Authority” substitute “the National Health Service Commissioning Board”.
p.000452: 42 (1) Schedule 10 (further provision about Community Health Councils) is amended as follows.
p.000452: (2) In paragraph 2—
p.000452: (a) omit “, Strategic Health Authorities” in each place it occurs, and
p.000452: (b) omit “, Primary Care Trusts” in each place it occurs.
p.000452: (3) In paragraph 3—
p.000452: (a) omit paragraph (b), and
p.000452: (b) omit paragraph (c).
p.000452: Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
p.000452: 43 (1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social
p.000452: services contracts) is amended as follows.
p.000452: (2) In paragraph (2)—
p.000452: (a) in sub-paragraph (g)—
p.000452: (i) omit paragraph (i),
p.000452: (ii) omit paragraph (ii), and
p.000452: (iii) omit paragraph (iii),
p.000452: (b) after that sub-paragraph insert—
p.000452: “(ga) the National Health Service Commissioning Board; (gb) clinical commissioning groups established
p.000452: under
p.000452: section 14D of the National Health Service Act 2006;
p.000452: (gc) Special Health Authorities established under section 28 of that Act;
p.000452: (gd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006;
p.000452: (ge) Local Health Boards established under section 11 of that Act;
p.000452: (gf) NHS trusts established under section 18 of that Act;”,
p.000452:
p.000452: Health and Social Care Act 2012 (c. 7)
p.000452: Schedule 21 — Amendments relating to relationships between the health services
p.000452: (c) in sub-paragraph (h) after paragraph (i) insert—
p.000452: “(ia) Special Health Boards;”,
p.000452: (d) after sub-paragraph (h) insert—
p.000452: “(ha) Healthcare Improvement Scotland,”,
p.000452: (e) omit sub-paragraph (i), and
p.000452: (f) before sub-paragraph (j) insert—
p.000453: 453
p.000453: “(ia) the National Institute for Health and Care Excellence; (ib) the Health and Social Care Information
p.000453: Centre;”.
p.000453: (3) In paragraph (10) for “paragraph 2(g), (h), (i) or (j)” substitute “any of sub- paragraphs (g) to (gf), (h), (ha),
p.000453: (ia), (ib) and (j) of paragraph (2)”.
p.000453:
p.000453:
p.000453: SCHEDULE 22 Section 300(2)
p.000453: PROPERTY TRANSFER SCHEMES
p.000453:
p.000453:
p.000453:
p.000453: Transferor
p.000453: A Primary Care Trust
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453:
p.000453: A Strategic Health Authority
p.000453: Permitted transferees
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453: A clinical commissioning group A local authority
p.000453: The Care Quality Commission Monitor
p.000453: A Special Health Authority
p.000453: Any public authority which provides services as part of the health service in England
p.000453: Any other person who provides services as part of the health service in England and consents to the
p.000453: transfer
p.000453: A qualifying company
p.000453: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000453: Mental Health Act 1983
p.000453: The Secretary of State
p.000453: The National Health Service Commissioning Board
p.000453:
p.000454: 454
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000454:
p.000454:
p.000454: Transferor
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454:
p.000454: The Special Health Authority known as the National Institute for Health and Clinical Excellence
p.000454: The Special Health Authority known as the Health and Social Care Information Centre
p.000454: The Special Health Authority known as the NHS Institute for Innovation and Improvement
p.000454: The Special Health Authority known as the National Patient Safety Agency
p.000454:
p.000454:
p.000454: The Special Health Authority known as the NHS Business Services Authority
p.000454: The Appointments Commission
p.000454:
p.000454: The General Social Care Council
p.000454: Permitted transferees A clinical commissioning group A local authority
p.000454: The Care Quality Commission
p.000454: Monitor
p.000454: A Special Health Authority
p.000454: Any public authority which provides services as part of the health service in England
p.000454: Any other person who provides services as part of the health service in England and consents to the
p.000454: transfer
p.000454: A qualifying company
p.000454: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000454: Mental Health Act 1983
p.000454: The National Institute for Health and Care Excellence (established under section 232)
p.000454: The Health and Social Care Information Centre (established under section 252)
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454:
p.000454: The National Health Service Commissioning Board
p.000454: The Health and Social Care Information Centre
p.000454: The Health and Social Care Information Centre
p.000454: A Minister of the Crown
p.000454: A Special Health Authority The Secretary of State
p.000454: The Health and Care Professions Council
p.000454:
p.000454: Health and Social Care Act 2012 (c. 7) Schedule 22 — Property transfer schemes
p.000455: 455
p.000455:
p.000455:
p.000455: Transferor
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: The Health Protection Agency The Secretary of State
p.000455: Permitted transferees
p.000455: A person authorised by the Secretary of State under subsection (5)(b) of section
p.000455: 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section
p.000455: Any other person who carries on activities in connection with social work or social care work
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: The Health and Social Care Information Centre
p.000455: A Special Health Authority A qualifying company
p.000455:
p.000455:
p.000455:
p.000455:
p.000455: SCHEDULE 23 Section 300(3)
p.000455: STAFF TRANSFER SCHEMES
p.000455:
p.000455:
p.000455:
p.000455: Transferor
p.000455: Any Primary Care Trust
p.000455: Permitted transferees
p.000455: The Secretary of State
p.000455: The National Health Service Commissioning Board
p.000455: A clinical commissioning group A local authority
p.000455: The Care Quality Commission A Special Health Authority
p.000455: Any public authority which exercises functions in relation to health and is prescribed in regulations
p.000455: A qualifying company
p.000455:
p.000456: 456
p.000456: Health and Social Care Act 2012 (c. 7) Schedule 23 — Staff transfer schemes
p.000456:
p.000456:
p.000456: Transferor
p.000456:
p.000456:
p.000456:
p.000456: Any Strategic Health Authority
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456:
p.000456: The Special Health Authority known as National Institute for Health and Clinical Excellence
p.000456: The Special Health Authority known as the Health and Social Care Information Centre
p.000456: The Special Health Authority known as the NHS Institute for Innovation and Improvement
p.000456: The Special Health Authority known as the National Patient Safety Agency
p.000456:
p.000456:
p.000456: The Special Health Authority known as the NHS Business Services Authority
p.000456: The Appointments Commission
p.000456:
p.000456: The General Social Care Council
p.000456: Permitted transferees
p.000456: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000456: Mental Health Act 1983
p.000456: The Secretary of State
p.000456: The National Health Service Commissioning Board
p.000456: A clinical commissioning group The Care Quality Commission Monitor
p.000456: A Special Health Authority
p.000456: Any public authority which exercises functions in relation to health and is prescribed in regulations
p.000456: A qualifying company
p.000456: Any person with whom the Secretary of State has made, or has decided to make, an agreement under section 12ZA(1) of the
p.000456: Mental Health Act 1983
p.000456: The National Institute for Health and Care Excellence (established under section 232)
p.000456: The Health and Social Care Information Centre (established under section 252)
p.000456:
p.000456: The National Health Service Commissioning Board
p.000456:
p.000456: The National Health Service Commissioning Board
p.000456: The Health and Social Care Information Centre
p.000456: The Health and Social Care Information Centre
p.000456: A Minister of the Crown
p.000456: A Special Health Authority The Secretary of State
p.000456:
p.000456: Health and Social Care Act 2012 (c. 7) Schedule 23 — Staff transfer schemes
p.000457: 457
p.000457:
p.000457:
p.000457: Transferor
p.000457:
p.000457:
p.000457:
p.000457:
p.000457:
p.000457:
p.000457:
p.000457:
p.000457: The Health Protection Agency The Secretary of State
p.000457: Permitted transferees
p.000457: The Health and Care Professions Council
p.000457: A person authorised by the Secretary of State under subsection (5)(b) of section
p.000457: 67 of the Care Standards Act 2000 to exercise functions of the Secretary of State under that section
p.000457: Any other person who carries on activities in connection with social work or social care work
p.000457: The Secretary of State
p.000457: The National Health Service Commissioning Board
p.000457: The Care Quality Commission Monitor
p.000457: The Health and Social Care Information Centre
p.000457:
p.000457:
p.000457: ? Crown copyright 2012
p.000457:
p.000457: Printed in the UK by The Stationery OYce Limited under the authority and superintendence of Carol Tullo, Controller of
p.000457: Her Majesty’s Stationery OYce and Queen’s Printer of Acts of Parliament
p.000457:
p.000457: 3/2012 19978 19585
p.000457:
p.000457:
p.000457:
p.000457:
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...
Orphaned Trigger Words
p.000002: CHAPTER 2
p.000002: COMPETITION
p.000002: 72 Functions under the Competition Act 1998
p.000002: 73 Functions under Part 4 of the Enterprise Act 2002
p.000002: 74 Competition functions: supplementary
p.000002: 75 Requirements as to procurement, patient choice and competition
p.000002: 76 Requirements under section 75: investigations, declarations and directions
p.000002: 77 Requirements under section 75: undertakings
p.000002: 78 Guidance
p.000002: 79 Mergers involving NHS foundation trusts
p.000002: 80 Co-operation with the Office of Fair Trading
p.000002:
p.000002: iv Health and Social
p.000002: Care Act 2012 (c. 7)
p.000002:
p.000002:
p.000002: CHAPTER 3
p.000002: LICENSING
p.000002:
p.000002: Licensing requirement
p.000002: 81 Requirement for health service providers to be licensed
p.000002: 82 Deemed breach of requirement to be licensed
p.000002: 83 Exemption regulations
p.000002: 84 Exemption regulations: supplementary
p.000002:
p.000002: Licensing procedure
p.000002: 85 Application for licence
p.000002: 86 Licensing criteria
p.000002: 87 Grant or refusal of licence
p.000002: 88 Application and grant: NHS foundation trusts
p.000002: 89 Revocation of licence
p.000002: 90 Right to make representations
p.000002: 91 Notice of decisions
p.000002: 92 Appeals to the Tribunal
p.000002: 93 Register of licence holders
p.000002:
p.000002: Licence conditions
p.000002: 94 Standard conditions
p.000002: 95 Special conditions
p.000002: 96 Limits on Monitor’s functions to set or modify licence conditions
p.000002: 97 Conditions: supplementary
p.000002: 98 Conditions relating to the continuation of the provision of services etc.
p.000002: 99 Notification of commissioners where continuation of services at risk
p.000002: 100 Modification of standard conditions
p.000002: 101 Modification references to the Competition Commission
p.000002: 102 Modification of conditions by order under other enactments
p.000002: 103 Standard condition as to transparency of certain criteria
p.000002:
p.000002: Enforcement
p.000002: 104 Power to require documents and information
p.000002: 105 Discretionary requirements
p.000002: 106 Enforcement undertakings
p.000002: 107 Further provision about enforcement powers
p.000002: 108 Guidance as to use of enforcement powers
p.000002: 109 Publication of enforcement action
p.000002: 110 Notification of enforcement action
p.000002:
p.000002: Transitional provision
p.000002: 111 Imposition of licence conditions on NHS foundation trusts
p.000002: 112 Duration of transitional period
p.000002: 113 Orders under section 112: criteria for deciding applicable trusts
p.000002: 114 Repeal of sections 112 and 113
p.000002:
p.000002: Health and Social Care Act 2012 (c. 7)
p.000002: v
p.000002:
p.000002:
p.000002: CHAPTER 4
p.000002: PRICING
p.000002: 115 Price payable by commissioners for NHS services
p.000002: 116 The national tariff
p.000002: 117 The national tariff: further provision
p.000002: 118 Consultation on proposals for the national tariff
p.000002: 119 Consultation: further provision
p.000002: 120 Responses to consultation
p.000002: 121 Determination on reference under section 120
p.000002: 122 Changes following determination on reference under section 120
p.000002: 123 Power to veto changes proposed under section 122
p.000002: 124 Local modifications of prices: agreements
p.000002: 125 Local modifications of prices: applications
p.000002: 126 Applications under section 125: notification of commissioners
p.000002: 127 Correction of mistakes
p.000002: CHAPTER 5
...
p.000099: purposes of Part 1 of that Act)—
p.000099: (a) omit the “and” preceding paragraph (g), and
p.000099: (b) after that paragraph insert “; and
p.000099: (h) Monitor.”
p.000099: (6) In section 136 of the Enterprise Act 2002 (investigations and reports on market investigation references)—
p.000099: (a) in subsection (7) (meaning of “relevant sectoral enactment”), at the end insert—
p.000099: “(i) in relation to Monitor, section 73 of the Health and Social Care Act 2012.”,
p.000099: (b) in subsection (8) (meaning of “relevant sectoral regulator”), for “Communications or” substitute
p.000099: “Communications,”, and
p.000099: (c) in that subsection, after “Utility Regulation” insert “or Monitor”.
p.000099: (7) In section 168 of that Act (regulated markets)—
p.000099: (a) in subsection (3) (meaning of “relevant action”), after paragraph (o) insert—
p.000099: “(p) modifying the conditions of a licence issued under section 87 of the Health and Social Care Act 2012.”,
p.000099: (b) in subsection (4) (meaning of “relevant statutory functions”), after paragraph (q) insert—
p.000099: “(r) in relation to any licence issued under section 87 of the Health and Social Care Act 2012, the duties of
p.000099: Monitor under sections 62 and 66 of that Act.”, and
p.000099: (c) in subsection (5) (meaning of “sectoral regulator”), after paragraph (i) insert—
p.000099: “(ia) Monitor;”.
p.000099:
p.000099: 75 Requirements as to procurement, patient choice and competition
p.000099: (1) Regulations may impose requirements on the National Health Service Commissioning Board and
p.000099: clinical commissioning groups for the purpose of securing that, in commissioning health care services for the purposes
p.000099: of the NHS, they—
p.000099: (a) adhere to good practice in relation to procurement;
p.000099: (b) protect and promote the right of patients to make choices with respect to treatment or other health care
p.000099: services provided for the purposes of the NHS;
p.000099: (c) do not engage in anti-competitive behaviour which is against the interests of people who use such
p.000099: services.
p.000099: (2) Requirements imposed by regulations under this section apply to an arrangement for the
p.000099: provision of goods and services only if the value of the
p.000099:
p.000100: 100
p.000100: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000100: Chapter 2 — Competition
p.000100:
p.000100: consideration attributable to the services is greater than that attributable to the goods.
p.000100: (3) Regulations under this section may, in particular, impose requirements relating to—
p.000100: (a) competitive tendering for the provision of services;
p.000100: (b) the management of conflicts between the interests involved in commissioning services and the
p.000100: interests involved in providing them.
p.000100: (4) The regulations may provide for the requirements imposed, or such of them as are prescribed, not to apply
p.000100: in relation to arrangements of a prescribed description.
p.000100:
p.000100: 76 Requirements under section 75: investigations, declarations and directions
p.000100: (1) Regulations under section 75 may confer on Monitor—
p.000100: (a) a power to investigate a complaint that the National Health Service Commissioning Board or a clinical
p.000100: commissioning group has failed to comply with a requirement imposed by the regulations;
p.000100: (b) a power to investigate on its own initiative whether the Board or a clinical commissioning group has
p.000100: failed to comply with a requirement imposed by virtue of section 75(1)(c);
...
p.000114: (10) Where Monitor modifies the standard conditions applicable to all licences or (as the case may be) to licences
p.000114: of a particular description under this section, Monitor—
p.000114: (a) may also make such incidental or consequential modifications as it considers necessary or expedient of
p.000114: any other conditions of a licence which is affected by the modifications,
p.000114: (b) must make (as nearly as may be) the same modifications of those conditions for the purposes of their
p.000114: inclusion in all licences or (as the case may be) licences of that description granted after that time, and
p.000114: (c) must publish the modifications.
p.000114:
p.000114: Health and Social Care Act 2012 (c. 7)
p.000114: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000115: 115
p.000115:
p.000115: (11) In this section and section 101, “relevant licence holder”—
p.000115: (a) in relation to proposed modifications of the standard conditions applicable to all licences, means any
p.000115: licence holder, and
p.000115: (b) in relation to proposed modifications of the standard conditions applicable to licences of a particular
p.000115: description, means a holder of a licence of that description.
p.000115: (12) In this section, a reference to modifying a condition includes a reference to amending, omitting or
p.000115: adding a condition.
p.000115:
p.000115: 101 Modification references to the Competition Commission
p.000115: (1) Subsection (2) applies where—
p.000115: (a) Monitor has given notice under section 95(2) of a proposal to include a special condition in a licence or modify
p.000115: such a condition, and
p.000115: (b) the applicant or (as the case may be) licence holder concerned has refused consent to the inclusion
p.000115: of the condition or the making of the modifications.
p.000115: (2) Monitor may make a reference to the Competition Commission which is so framed as to require the Commission
p.000115: to investigate and report on the questions—
p.000115: (a) whether any matters which relate to the provision, or proposed provision, of a health care service for
p.000115: the purposes of the NHS by the applicant or (as the case may be) licence holder concerned and which are specified in
p.000115: the reference, operate, or may be expected to operate, against the public interest, and
p.000115: (b) if so, whether the effects adverse to the public interest which those matters have or may be
p.000115: expected to have could be remedied or prevented by the inclusion of a special condition in the
p.000115: applicant’s licence or by modifications of a special condition of the licence holder’s licence.
p.000115: (3) Subsection (4) applies where—
p.000115: (a) Monitor has given notice under section 100(2) of a proposal to make modifications to the standard conditions
p.000115: applicable to all licences under this Chapter, or to licences of a particular description, and
p.000115: (b) section 100 operates to prevent Monitor from making the modifications.
p.000115: (4) Monitor may make a reference to the Competition Commission which is so framed as to require the Commission
p.000115: to investigate and report on the questions—
p.000115: (a) whether any matters which relate to the provision of health care services for the purposes of the NHS
p.000115: by the relevant licence holders, and which are specified in the reference, operate, or may be expected to operate,
p.000115: against the public interest, and
...
p.000120: (2) Monitor may revise the guidance and, if it does so, must publish the guidance as revised.
p.000120: (3) Monitor must consult such persons as it considers appropriate before publishing or revising
p.000120: the guidance.
p.000120: (4) Guidance relating to Monitor’s functions under section 105 must include information about—
p.000120: (a) the circumstances in which Monitor is likely to impose a discretionary requirement,
p.000120: (b) the circumstances in which Monitor may not impose a discretionary requirement,
p.000120: (c) the matters likely to be taken into account by Monitor in determining the amount of any variable monetary
p.000120: penalty to be imposed (including, where relevant, any discounts for voluntary reporting of breaches in respect of which
p.000120: a penalty may be imposed), and
p.000120: (d) rights to make representations and rights of appeal.
p.000120: (5) Monitor must have regard to the guidance or (as the case may be) revised guidance in exercising its
p.000120: functions under sections 105 and 106 and Schedule 11.
p.000120:
p.000120: 109 Publication of enforcement action
p.000120: (1) Monitor must include information about the following in its annual report—
p.000120:
p.000120: Health and Social Care Act 2012 (c. 7)
p.000120: Part 3 — Regulation of health and adult social care services Chapter 3 — Licensing
p.000121: 121
p.000121:
p.000121: (a) the cases in which a discretionary requirement has been imposed during the financial year to which the
p.000121: report relates, and
p.000121: (b) the cases in which an enforcement undertaking has been accepted during that financial year.
p.000121: (2) But Monitor must not include information which it is satisfied is—
p.000121: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000121: business interests of the person to whom it relates;
p.000121: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000121: might, significantly harm that person’s interests.
p.000121: (3) The reference in subsection (1)(a) to cases in which a discretionary requirement has been imposed does not
p.000121: include a reference to a case where a discretionary requirement has been imposed but overturned on appeal.
p.000121:
p.000121: 110 Notification of enforcement action
p.000121: (1) As soon as reasonably practicable after imposing a discretionary requirement or accepting an enforcement
p.000121: undertaking Monitor must notify the following of that fact—
p.000121: (a) the National Health Service Commissioning Board,
p.000121: (b) such clinical commissioning groups as are likely to be affected by the imposition of the requirement or the
p.000121: acceptance of the undertaking, and
p.000121: (c) any person exercising regulatory functions in relation to the person on whom the discretionary requirement was
p.000121: imposed or from whom the enforcement undertaking was accepted.
p.000121: (2) In subsection (1) “regulatory functions” has the same meaning as in the Legislative and Regulatory
p.000121: Reform Act 2006 (see section 32 of that Act).
p.000121:
p.000121: Transitional provision
p.000121:
p.000121: 111 Imposition of licence conditions on NHS foundation trusts
p.000121: (1) Where Monitor is satisfied that the governance of an NHS foundation trust is such that the trust will fail to
p.000121: comply with the conditions of its licence, Monitor may include in the licence such conditions relating to
p.000121: governance as it considers appropriate for the purpose of reducing that risk.
p.000121: (2) The circumstances in which Monitor may be satisfied as mentioned in subsection (1) include
p.000121: circumstances where it is satisfied that the council of governors, the board of directors or the council of
p.000121: governors and board of directors taken together are failing—
p.000121: (a) to secure compliance with conditions in the trust’s licence, or
p.000121: (b) to take steps to reduce the risk of a breach of a condition in the trust’s licence.
p.000121: (3) A condition included under subsection (1) has effect until this section ceases, by virtue of section 112, to
p.000121: have effect in relation to the trust.
p.000121: (4) Monitor may modify a condition included under subsection (1).
p.000121:
p.000122: 122
p.000122: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000122: Chapter 3 — Licensing
p.000122:
p.000122: (5) Where Monitor is satisfied that the trust has breached or is breaching a condition included under
p.000122: subsection (1), Monitor may by notice require the trust to—
p.000122: (a) remove one or more of the directors or members of the council of governors and appoint interim
p.000122: directors or members of the council;
p.000122: (b) suspend one or more of the directors or members of the council from office as a director or member for a
p.000122: specified period;
p.000122: (c) disqualify one or more of the directors or members of the council from holding office as a director or member
p.000122: for a specified period.
p.000122: (6) Where Monitor is satisfied that a person has failed or is failing to comply with a notice under subsection (5),
p.000122: Monitor may do one or more of the things which it may require the trust to do under that subsection.
p.000122: (7) Subsection (5) does not prevent Monitor from exercising in relation to a condition included in a
p.000122: licence under subsection (1) the powers conferred by sections 105 and 106 (breach of licence condition etc:
p.000122: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).
p.000122: (8) Where Monitor includes a condition under subsection (1), it may also make such incidental or consequential
...
p.000130: (a) that Monitor failed to have regard to the matters referred to in subsection (1),
p.000130: (b) that the decision was based, wholly or partly, on an error of fact,
p.000130: (c) that the decision was wrong in law.
p.000130: (5) Where the Commission determines that the method proposed under section 118(3)(b) is appropriate, Monitor may use
p.000130: that method for the purposes of the national tariff accordingly.
p.000130: (6) Where the Commission determines that the method proposed under section 118(3)(b) is not appropriate, it
p.000130: must remit the matter to Monitor for reconsideration and decision in accordance with such
p.000130: directions as the Commission may give.
p.000130: (7) A direction under subsection (6) may, in particular, require Monitor to make such changes to the method in
p.000130: question as are specified in the direction.
p.000130: (8) A determination on a reference under section 120—
p.000130: (a) must be contained in an order made by the Commission,
p.000130: (b) must set out the reasons for the determination, and
p.000130: (c) takes effect at the time specified in the order or determined in accordance with provision made in
p.000130: the order.
p.000130: (9) The Commission must give notice of a determination on a reference under section 120 to—
p.000130: (a) Monitor,
p.000130: (b) the National Health Service Commissioning Board, and
p.000130: (c) such clinical commissioning groups or relevant providers as made representations in accordance with
p.000130: paragraph 2 of Schedule 12.
p.000130: (10) The Commission must also publish the determination; but it must exclude from what it publishes
p.000130: information which it is satisfied is—
p.000130: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000130: business interests of an undertaking to which it relates;
p.000130: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000130: might, significantly harm that person’s interests.
p.000130:
p.000130: 122 Changes following determination on reference under section 120
p.000130: (1) Where the Competition Commission remits a matter to Monitor under subsection (6) of section 121,
p.000130: Monitor must make such changes to the method to which the matter relates as it considers necessary, having
p.000130: regard to the reasons specified for the purposes of subsection (8)(b) of that section.
p.000130:
p.000130: Health and Social Care Act 2012 (c. 7)
p.000130: Part 3 — Regulation of health and adult social care services Chapter 4 — Pricing
p.000131: 131
p.000131:
p.000131: (2) Monitor must give the Competition Commission and the National Health Service Commissioning Board a
p.000131: notice specifying—
p.000131: (a) the changes it proposes to make, and
p.000131: (b) its reasons for proposing to make them.
p.000131: (3) Monitor must make the changes specified in the notice unless it is given a direction under section
p.000131: 123 before the end of the period of 28 days beginning with the day after that on which it gave the notice.
p.000131: (4) If Monitor is given a direction under that section before the end of that period, it must make such of the
p.000131: changes as are not specified in the direction.
p.000131:
p.000131: 123 Power to veto changes proposed under section 122
p.000131: (1) The Competition Commission may, within the period of 28 days beginning with the day after that on which it is
p.000131: given a notice under section 122, direct Monitor—
p.000131: (a) not to make the changes specified in the notice, or
p.000131: (b) not to make such of those changes as may be specified in the direction.
p.000131: (2) Monitor must comply with a direction under this section.
...
p.000132: service, it would be uneconomic for the provider to provide the service for the purposes of the NHS.
p.000132:
p.000132: Health and Social Care Act 2012 (c. 7)
p.000132: Part 3 — Regulation of health and adult social care services Chapter 4 — Pricing
p.000133: 133
p.000133:
p.000133: (4) Subsections (5) to (8) apply where Monitor grants an application under this section.
p.000133: (5) The decision by Monitor on the application takes effect on such date as Monitor may determine; and a date
p.000133: determined for that purpose may be earlier than the date of the decision (but not earlier than the date on which the
p.000133: national tariff took effect).
p.000133: (6) Monitor must send a notice of the decision to the Secretary of State and such clinical commissioning groups,
p.000133: providers and other persons as it considers appropriate.
p.000133: (7) Monitor must also publish the notice.
p.000133: (8) The notice must specify—
p.000133: (a) the modification, and
p.000133: (b) the date on which it takes effect.
p.000133: (9) If the Secretary of State considers that the modification gives or may give rise (or, where it has yet to take
p.000133: effect, would or might give rise) to liability for breach of an EU obligation, the Secretary of State may give a
p.000133: direction to that effect; and the modification is (or is to be) of no effect in so far as it is subject to the
p.000133: direction.
p.000133:
p.000133: 126 Applications under section 125: notification of commissioners
p.000133: (1) This section applies where Monitor—
p.000133: (a) receives an application under section 125, and
p.000133: (b) is satisfied that the continued provision for the purposes of the NHS of health care services to which a
p.000133: condition in the applicant’s licence under section 97(1)(i), (j) or (k) applies is being put at significant risk by
p.000133: the configuration of certain health care services provided for those purposes.
p.000133: (2) In subsection (1), a reference to the provision of services is a reference to their provision by the applicant
p.000133: or any other provider.
p.000133: (3) Monitor must as soon as reasonably practicable notify the National Health Service Commissioning
p.000133: Board and such clinical commissioning groups as Monitor considers appropriate—
p.000133: (a) of its receipt of the application, and
p.000133: (b) of its reasons for being satisfied as mentioned in subsection (1)(b).
p.000133: (4) Monitor must publish for each financial year a list of the notifications under this section that it has given
p.000133: during that year; and the list must include for each notification a summary of Monitor’s reasons for being satisfied as
p.000133: mentioned in subsection (1)(b).
p.000133: (5) The Board and clinical commissioning groups, having received a notification under this section, must have
p.000133: regard to it in arranging for the provision of health care services for the purposes of the NHS.
p.000133:
p.000133: 127 Correction of mistakes
p.000133: (1) This section applies where the national tariff contains information that does not accord with—
p.000133:
p.000134: 134
p.000134: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services
p.000134: Chapter 4 — Pricing
p.000134:
p.000134: (a) what Monitor and the National Health Service Commissioning Board agreed on the matter concerned, or
p.000134: (b) where the matter was determined by arbitration, what was determined.
p.000134: (2) Monitor must send a notice to—
p.000134: (a) each clinical commissioning group,
p.000134: (b) each relevant provider, and
p.000134: (c) such other persons as Monitor considers appropriate.
...
p.000137: (f) confer power on the Board, where commissioners fail to reach agreement in pursuance of
p.000137: arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a);
p.000137: (g) provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function
p.000137: under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as
p.000137: discharged;
p.000137: (h) require a health special administrator to carry out in accordance with the regulations consultation on the
p.000137: action which the administrator recommends should be taken in relation to the provider concerned.
p.000137: (7) Health special administration regulations may modify this Chapter or any enactment mentioned in
p.000137: subsection (8) in relation to any provision made by virtue of this Chapter.
p.000137: (8) The enactments are—
p.000137: (a) the Insolvency Act 1986, and
p.000137: (b) any other enactment which relates to insolvency or administration or makes provision by reference to anything
p.000137: that is or may be done under that Act.
p.000137: (9) The power to make rules under section 411 of the Insolvency Act 1986 (company insolvency rules)
p.000137: applies for the purpose of giving effect to provision made by virtue of this Chapter as it applies for the
p.000137: purpose of giving effect to Parts 1 to 7 of that Act.
p.000137: (10) For that purpose—
p.000137: (a) the power to make rules in relation to England and Wales is exercisable by the Lord Chancellor with the
p.000137: concurrence of the Secretary of State and, in the case of rules that affect court procedure, with
p.000137: the concurrence of the Lord Chief Justice;
p.000137: (b) the power to make rules in relation to Scotland is exercisable by the Secretary of State;
p.000137:
p.000138: 138
p.000138: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services Chapter 5 — Health
p.000138: special administration
p.000138:
p.000138: (c) references in section 411 of that Act to those Parts are to be read as including a reference to
p.000138: this Chapter.
p.000138: (11) Before making health special administration regulations the Secretary of State must consult—
p.000138: (a) Monitor, and
p.000138: (b) such other persons as the Secretary of State considers appropriate.
p.000138:
p.000138: 131 Transfer schemes
p.000138: (1) Health special administration regulations may make provision about transfer schemes to achieve the objective
p.000138: of a health special administration (see section 129).
p.000138: (2) Health special administration regulations may, in particular, include provision—
p.000138: (a) for the making of a transfer scheme to be subject to the consent of Monitor and the person to whom
p.000138: the transfer is being made,
p.000138: (b) for Monitor to have power to modify a transfer scheme with the consent of parties to the transfers effected by
p.000138: the scheme, and
p.000138: (c) for modifications made to a transfer scheme by virtue of paragraph (b) to have effect from such time as Monitor
p.000138: may specify (which may be a time before the modifications were made).
p.000138: (3) Health special administration regulations may, in particular, provide that a transfer scheme may
p.000138: include provision—
...
p.000145: (6) The relevant persons referred to in Schedule 10 are—
p.000145: (a) in paragraphs 3, 5(6) and 6(6)—
p.000145: (i) the National Health Service Commissioning Board, and
p.000145: (ii) the potentially liable providers who objected to the proposals, and
p.000145: (b) in paragraph 8(10)—
p.000145: (i) Monitor, and
p.000145: (ii) the potentially liable providers who objected to the proposals.
p.000145: (7) In investigating the question under subsection (4)(a), the Competition Commission must have
p.000145: regard to the matters in relation to which Monitor has duties under this Chapter.
p.000145: (8) Regulations prescribing a percentage for the purposes of subsection (2)(b) may include provision prescribing the
p.000145: method used for determining a provider’s share of the supply in England of the services concerned.
p.000145:
p.000145: 143 Amount payable
p.000145: (1) Monitor must—
p.000145: (a) calculate the amount which each provider who is to be subject to a levy under section 139 for a financial year
p.000145: is to be liable to pay in respect of that year, and
p.000145: (b) notify the provider of that amount and the date or dates on which it, or instalments of it, will become payable.
p.000145: (2) If the provider is to be subject to the levy for only part of the financial year, it is to be liable to pay only
p.000145: the amount which bears to the amount payable for the whole financial year the same proportion as the part of the
p.000145: financial year for which the provider is to be subject to the levy bears to the whole financial year.
p.000145: (3) The amount which a provider is liable to pay may be zero.
p.000145: (4) Subsection (5) applies if, during a financial year in which Monitor is imposing a levy under section 139, it
p.000145: becomes satisfied that the risk of a provider who is subject to the levy going into special administration has changed
p.000145: by reference to what it was—
p.000145: (a) at the start of the year, or
p.000145: (b) if Monitor has already exercised the power under subsection (5) in relation to the levy in the case of
p.000145: that provider, at the time it did so.
p.000145: (5) Monitor may notify the provider that Monitor proposes to adjust the amount that the provider is liable to pay so
p.000145: as to reflect the change; and the notice must specify the amount of the proposed adjustment.
p.000145: (6) Following the expiry of the period of 28 days beginning with the day after that on which Monitor sends the
p.000145: notice, it may make the adjustment.
p.000145:
p.000146: 146
p.000146: Health and Social Care Act 2012 (c. 7) Part 3 — Regulation of health and adult social care services Chapter 6 —
p.000146: Financial assistance in special administration cases
p.000146:
p.000146: (7) In a case within subsection (2), subsection (4) has effect as if references to the financial year were
p.000146: references to the part of the financial year for which the provider is to be subject to the levy.
p.000146: (8) Where a provider who reasonably believes that Monitor has miscalculated the amount notified to the provider
p.000146: under subsection (1) or (5) requests Monitor to recalculate the amount, Monitor must—
p.000146: (a) comply with the request, and
p.000146: (b) send the provider written notice of its recalculation.
p.000146: (9) Subsection (8) does not apply to a request to recalculate an amount in respect of a financial year preceding the
p.000146: one in which the request is made.
p.000146: (10) If the whole or part of the amount which a person is liable to pay is not paid by the date by which it is
p.000146: required to be paid, the unpaid balance carries interest at the rate for the time being specified in section 17 of the
p.000146: Judgments Act 1838; and the unpaid balance and accrued interest are recoverable summarily as a civil debt (but this
p.000146: does not affect any other method of recovery).
p.000146:
p.000146: Supplementary
p.000146:
p.000146: 144 Investment principles and reviews
p.000146: (1) Monitor must prepare and publish a statement of the principles that govern its decisions, or decisions made on
p.000146: its behalf, about making investments for the purposes of this Chapter.
p.000146: (2) Monitor must—
p.000146: (a) in each financial year, review the statement,
p.000146: (b) if it considers necessary in light of the review, revise the statement, and
p.000146: (c) if it revises the statement, publish the revised statement.
p.000146: (3) As soon as reasonably practicable after the end of each financial year, Monitor must undertake and publish a
p.000146: review of the operation during that year of—
p.000146: (a) the procedure for health special administration under Chapter 5,
p.000146: (b) the procedure for trust special administration for NHS foundation trusts under Chapter 5A of Part 2 of
p.000146: the National Health Service Act 2006, and
p.000146: (c) such mechanisms as have been established under section 134.
p.000146: (4) The purposes of the review under subsection (3)(c) are—
p.000146: (a) to assess the operation of the mechanisms concerned,
p.000146: (b) to assess the accuracy of the estimates given by Monitor in relation to the operation of the mechanisms,
p.000146: (c) to assess what improvements can be made to the process for making estimates in relation to the operation of the
p.000146: mechanisms, and
p.000146: (d) to review the extent of the protection which the mechanisms are required to provide.
p.000146: (5) Where a fund established under section 135 has been in operation for the whole or part of the year concerned,
p.000146: the review published under this section must specify—
p.000146: (a) the income of the fund during that year, and
p.000146: (b) the expenditure from the fund during that year.
p.000146:
p.000146: Health and Social Care Act 2012 (c. 7)
p.000146: Part 3 — Regulation of health and adult social care services Chapter 6 — Financial assistance in special administration
p.000146: cases
p.000147: 147
p.000147:
p.000147: (6) Monitor must exclude from a review published under this section information which it is satisfied is—
p.000147: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000147: business interests of an undertaking to which it relates;
p.000147: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000147: might, significantly harm that person’s interests.
p.000147:
p.000147: 145 Borrowing
p.000147: (1) Monitor may—
p.000147: (a) borrow from a deposit-taker such sums as it may from time to time require for exercising its functions
p.000147: under this Chapter;
p.000147: (b) give security for sums that it borrows.
p.000147: (2) But Monitor may not borrow if the effect would be—
p.000147: (a) to take the aggregate amount outstanding in respect of the principal of sums borrowed by it over such limit as
p.000147: the Secretary of State may by order specify, or
p.000147: (b) to increase the amount by which the aggregate amount so outstanding exceeds that limit.
p.000147: (3) In this section, “deposit-taker” means—
p.000147: (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000, or
p.000147: (b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under
p.000147: paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that
p.000147: Schedule) to accept deposits.
p.000147: (4) The definition of “deposit-taker” in subsection (3) must be read with—
p.000147: (a) section 22 of the Financial Services and Markets Act 2000,
p.000147: (b) any relevant order under that section, and
p.000147: (c) Schedule 2 to that Act.
p.000147:
p.000147: 146 Shortfall or excess of available funds, etc.
p.000147: (1) The Secretary of State may provide financial assistance to Monitor if the Secretary of State is
p.000147: satisfied that—
p.000147: (a) there are insufficient funds available from a mechanism established under section 134, or
p.000147: (b) the mechanism is otherwise unable to operate effectively.
p.000147: (2) If the Secretary of State is satisfied that the level of funds available from a mechanism
...
p.000224: (b) procedures that are similar to forms of medical or surgical care but are not provided in connection with
p.000224: a medical condition;”.
p.000224:
p.000224: 220 References in enactments to registered health professionals, etc.
p.000224: (1) In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert—
p.000224: “(1ZA) Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so far as they are registered as members
p.000224: of the social work profession in England or social care workers in England (each of those expressions having the same
p.000224: meaning as in section 60 of the Health Act 1999).”
p.000224: (2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical
p.000224: services), after subsection (1B) insert—
p.000224: “(1C) Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so far as they are registered as members
p.000224: of the social work profession in England or social care workers in England (each of those expressions having the same
p.000224: meaning as in section 60 of the Health Act 1999).”
p.000224: (3) In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert—
p.000224: “(11A) But subsection (11) does not apply to a person in so far as the person is required to register under the
p.000224: Health and Social Work Professions Order 2001 as a member of the social work profession in England
p.000224: (within the meaning of section 60 of the Health Act 1999).”
p.000224: (4) In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the
p.000224: Notes, after Note (2) insert—
p.000224: “(2ZA) Paragraph (c) of item 1 does not include supplies of services made by a person in the capacity of a registered
p.000224: member of the social work profession in England (within the meaning of section 60 of the Health Act 1999).”
p.000224: (5) In section 69 of the Data Protection Act 1998 (meaning of “health professional”), at the
p.000224: end of paragraph (h) of subsection (1), insert “, except in so far as the person is registered as a social
p.000224: worker in England (within the meaning of that Order)”.
p.000224: (6) In section 25 of the National Health Service Reform and Health Care Professions Act 2002
p.000224: (the Council for Healthcare Regulatory Excellence), after subsection (3) insert—
p.000224: “(3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express
p.000224: provision to the contrary) to be read as including a reference to the Health and Care Professions Council, or a
p.000224: regulatory body within subsection (3)(j), so far as it has functions relating to—
p.000224: (a) the social work profession in England, or
p.000224: (b) social care workers in England. (3B) For the purposes of subsection (3A)—
p.000224:
p.000224: Health and Social Care Act 2012 (c. 7)
p.000224: Part 7 — Regulation of health and social care workers
p.000224:
p.000224: “enactment” means an enactment contained in—
p.000225: 225
p.000225: (a) an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether
p.000225: passed before or after the commencement of this subsection), or
p.000225: (b) subordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made
p.000225: under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern
p.000225: Ireland legislation (whether made before or after that commencement), and
p.000225: “the social work profession in England” and “social care workers in England” have the meaning given in section 60 of
p.000225: the 1999 Act.”
...
p.000243: (c) the grounds on which an appeal may be brought, and
p.000243: (d) the persons by whom an appeal is to be heard.
p.000243:
p.000244: 244
p.000244:
p.000244: 239 Training
p.000244: Health and Social Care Act 2012 (c. 7) Part 8 — The National Institute for Health and Care Excellence
p.000244: (1) Regulations may confer functions on NICE in relation to providing, or facilitating the provision of,
p.000244: training in connection with any matter concerning or connected with the provision of—
p.000244: (a) NHS services,
p.000244: (b) public health services, or
p.000244: (c) social care in England.
p.000244: (2) The regulations may provide that a function conferred under subsection (1)(a)—
p.000244: (a) is only exercisable on the direction of the Board;
p.000244: (b) is subject to directions given by the Board about NICE’s exercise of the function.
p.000244: (3) The regulations may provide that a function conferred under subsection (1)(b) or (c)—
p.000244: (a) is only exercisable on the direction of the Secretary of State;
p.000244: (b) is subject to directions given by the Secretary of State about NICE’s exercise of the function.
p.000244: (4) The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or
p.000244: the facilitation of the provision, of training.
p.000244: (5) Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE
p.000244: considers to be the appropriate commercial basis.
p.000244:
p.000244: 240 Advisory services
p.000244: (1) Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the
p.000244: United Kingdom) in relation to any matter concerning or connected with—
p.000244: (a) the provision of health care,
p.000244: (b) the protection or improvement of public health, or
p.000244: (c) the provision of social care.
p.000244: (2) The regulations may make provision about the imposition of charges by NICE for or in connection with the giving
p.000244: of such advice.
p.000244: (3) Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE
p.000244: considers to be the appropriate commercial basis.
p.000244: (4) In this Part “health care” includes all forms of health care provided for individuals whether
p.000244: relating to physical or mental health and also includes procedures that are similar to forms of medical or
p.000244: surgical care but are not provided in connection with a medical condition.
p.000244:
p.000244: 241 Commissioning guidance
p.000244: (1) The Board may direct NICE to exercise any of the Board’s functions in relation to the preparation of the
p.000244: guidance required to be published by the Board under section 14Z8 of the National Health Service Act 2006 (the
p.000244: “commissioning guidance”).
p.000244: (2) A direction under subsection (1) may direct NICE to exercise the functions in such manner and within such period
p.000244: as may be specified in the direction.
p.000244:
p.000244: Health and Social Care Act 2012 (c. 7)
p.000244: Part 8 — The National Institute for Health and Care Excellence
p.000244:
p.000244: (3) If requested to do so, NICE must—
p.000245: 245
p.000245: (a) provide the Board with information or advice on such matters connected to the Board’s
p.000245: functions in respect of the commissioning guidance as may be specified in the request, and
p.000245: (b) disseminate the commissioning guidance to such persons and in such manner as may be specified in the request.
p.000245:
p.000245: Functions: other
p.000245:
p.000245: 242 NICE’s charter
...
p.000260: the making of payments by or to the Information Centre.
p.000260:
p.000260: Health and Social Care Act 2012 (c. 7)
p.000260: Part 9 — Health and adult social care services: information Chapter 2 — The Health and Social Care Information Centre
p.000261: 261
p.000261:
p.000261: 272 Failure by Information Centre to discharge any of its functions
p.000261: (1) The Secretary of State may give a direction to the Information Centre if the Secretary of State considers that—
p.000261: (a) the Centre—
p.000261: (i) is failing or has failed to discharge any of its functions, or
p.000261: (ii) is failing or has failed properly to discharge any of its functions, and
p.000261: (b) the failure is significant.
p.000261: (2) A direction under subsection (1) may direct the Information Centre to discharge such of those
p.000261: functions, and in such manner and within such period or periods, as may be specified in the direction.
p.000261: (3) If the Information Centre fails to comply with a direction under subsection (1), the Secretary of State may—
p.000261: (a) discharge the functions to which it relates, or
p.000261: (b) make arrangements for any other person to discharge them on the Secretary of State’s behalf.
p.000261: (4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish
p.000261: reasons for doing so.
p.000261: (5) For the purposes of this section, a failure to discharge a function properly includes a failure to
p.000261: discharge it consistently with what the Secretary of State considers to be the interests of the health service in
p.000261: England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is
p.000261: conferred.
p.000261:
p.000261: 273 Protection from personal liability
p.000261: (1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain
p.000261: authorities from personal liability) has effect as if there were included in the authorities referred to in that
p.000261: section a reference to the Information Centre.
p.000261: (2) In its application to the Information Centre as provided for by subsection (1), section 265 of that Act has
p.000261: effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act.
p.000261:
p.000261: General and supplementary
p.000261:
p.000261: 274 Powers of Secretary of State or Board to give directions
p.000261: (1) Regulations may make provision conferring powers on the Secretary of State or the Board to give directions—
p.000261: (a) requiring a health or social care body to exercise such of the Information Centre’s
p.000261: functions as may be specified;
p.000261: (b) requiring the Centre or another health or social care body to exercise such information functions of the
p.000261: Secretary of State or (as the case may be) the Board as may be specified;
p.000261: (c) requiring the Centre to exercise such of the information functions of any health or social care body as may be
p.000261: specified;
p.000261: (d) requiring the Centre to exercise such systems delivery functions of the Secretary of State or (as the case may
p.000261: be) the Board as may be specified.
p.000261:
p.000262: 262
p.000262: Health and Social Care Act 2012 (c. 7) Part 9 — Health and adult social care services: information Chapter 2 — The
p.000262: Health and Social Care Information Centre
p.000262:
p.000262: (2) A function required to be exercised by a direction given by the Secretary of State or the Board by virtue of
p.000262: subsection (1) is subject to directions given by the Secretary of State or (as the case may be) the Board about the
p.000262: exercise of the function.
...
p.000274: (a) for “(3) to (9)” substitute “(3) to (4A) and (5) to (9)”, and
p.000275: 275
p.000275: (b) at the end insert “; and for the purpose of this subsection, subsection (4A) of section 64C above has effect as
p.000275: if—
p.000275: (a) the references to treatment were references only to section 58 type treatment,
p.000275: (b) the reference to subsection (2)(a) of section 64C were a reference to subsection (6)(a) of this section, and
p.000275: (c) the reference to capacity to consent were a reference to competence to consent.”
p.000275: (4) After section 64F insert—
p.000275: “64FA Withdrawal of consent
p.000275: (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a)
p.000275: above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment
p.000275: withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of
p.000275: treatment.
p.000275: (2) Subsection (3) below applies where—
p.000275: (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for
p.000275: the purposes of section 64B or 64E above; but
p.000275: (b) before the completion of the treatment, the patient loses capacity or (as the case may be)
p.000275: competence to consent to the treatment.
p.000275: (3) The patient shall be treated as having withdrawn his consent and section 64B or (as the case may be)
p.000275: section 64E above shall then apply as if the remainder of the treatment were a separate form of treatment.
p.000275: (4) Without prejudice to the application of subsections (1) to (3) above to any treatment given under the plan of
p.000275: treatment to which a patient has consented, a patient who has consented to such a plan may at any time withdraw his
p.000275: consent to further treatment, or to further treatment of any description, under the plan.
p.000275: (5) This section shall not preclude the continuation of any treatment, or of treatment under any plan, pending
p.000275: compliance with section 58, 58A, 64B or 64E above if the approved clinician in charge of the treatment considers that
p.000275: the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the
p.000275: patient.”
p.000275: (5) In section 64H (certificates: supplementary provision)—
p.000275: (a) in subsection (2), at the end insert “; and the regulations may make different provision for the
p.000275: different descriptions of Part 4A certificate”, and
p.000275: (b) in subsections (3), (4) and (5), after “Part 4A certificate” insert “that falls within section 64C(4) above”.
p.000275: (6) In section 17B of the Mental Health Act 1983 (conditions of community treatment order), in subsection
p.000275: (3)(b), after “Part 4A of this Act” insert “that falls within section 64C(4) below”.
p.000275:
p.000276: 276
p.000276: Health and Social Care Act 2012 (c. 7)
p.000276: Part 11 — Miscellaneous
p.000276:
p.000276: (7) In section 61 of that Act (review of treatment), in subsection (1), after “that section)” insert
p.000276: “that falls within section 64C(4) below”.
p.000276: (8) In section 62A of that Act (treatment on recall of community patient or revocation of order), in
p.000276: subsection (5), after “applies” insert “and the Part 4A certificate falls within section 64C(4) below”.
p.000276: (9) In subsection (6) of that section, after “58 or 58A above” insert “or 64B or 64E below”.
p.000276: (10) After that subsection insert—
p.000276: “(6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of
...
p.000374: (b) the Secretary of State’s functions under section 58 of the Health and Social Care Act 2012 in so far as it
p.000374: applies in relation to Wales or Scotland, or
p.000374: (c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State
p.000374: exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other
p.000374: dangers to health.”
p.000374: National Health Service Act 2006 (c. 41)
p.000374: 17 The National Health Service Act 2006 is amended as follows.
p.000374: 18 In section 9 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 19 In section 71 (schemes for meeting losses and liabilities of certain health bodies)—
p.000374: (a) in subsection (2) omit paragraph (g), and
p.000374: (b) in subsection (5) for “, (f) and (g)” substitute “and (f)”.
p.000374: National Health Service (Wales) Act 2006 (c. 42)
p.000374: 20 The National Health Service (Wales) Act 2006 is amended as follows.
p.000374: 21 In section 7 (NHS contracts), in subsection (4) omit paragraph (j).
p.000374: 22 In section 30 (schemes for meeting losses and liabilities of certain health bodies), in
p.000374: subsection (2)—
p.000374: (a) after paragraph (b) insert “and”, and
p.000374: (b) omit paragraph (e) and the preceding “and”.
p.000374: National Health Service (Consequential Provisions) Act 2006 (c. 43)
p.000374: 23 In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential
p.000374: amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).
p.000374: Health and Social Care Act 2008 (c. 14)
p.000374: 24 In section 159 (functions of Health Protection Agency in relation to biological
p.000374: substances), omit subsections (2) to (6).
p.000374:
p.000374: Health and Social Care Act 2012 (c. 7)
p.000374: Schedule 7 — Abolition of the Health Protection Agency: consequential amendments
p.000374: Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
p.000375: 375
p.000375: 25 In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health
p.000375: and social services contracts), in paragraph (2)(g) omit paragraph (vi).
p.000375:
p.000375:
p.000375: SCHEDULE 8 Section 61
p.000375: MONITOR
p.000375: Membership
p.000375: 1 (1) Monitor is to consist of—
p.000375: (a) a chair appointed by the Secretary of State,
p.000375: (b) at least four other members so appointed, and
p.000375: (c) the chief executive and other members appointed in accordance with paragraph 2.
p.000375: (2) The number of executive members must be less than the number of non- executive members.
p.000375: (3) In this Schedule—
p.000375: (a) references to non-executive members of Monitor are references to the members appointed in accordance with
p.000375: sub-paragraph (1)(a) and (b), and
p.000375: (b) references to executive members of Monitor are references to the other members.
p.000375: The chief executive and other executive members: appointment and status
p.000375: 2 (1) The chief executive and the other executive members of Monitor are to be appointed by the non-executive
p.000375: members.
p.000375: (2) A person may not be appointed as chief executive or as another executive member without the consent of the
p.000375: Secretary of State.
...
p.000387: 387
p.000387: (7) In exercising its function under sub-paragraph (5)(b), the Commission must have regard to the matters to
p.000387: which Monitor must have regard when determining the matters specified in the reference.
p.000387: (8) Before making changes under sub-paragraph (5)(b), the Commission must send a notice—
p.000387: (a) stating that it proposes to make the changes and specifying them,
p.000387: (b) stating the reason why it proposes to make them, and
p.000387: (c) specifying the period within which representations on the proposed changes may be made.
p.000387: (9) The period specified for the purposes of sub-paragraph (8)(c) must not be less than 28 days beginning with the
p.000387: date on which the notice is published.
p.000387: (10) The Commission must send a notice under sub-paragraph (8) to the relevant persons.
p.000387: (11) The Commission must also publish the notice.
p.000387: (12) After making changes under this paragraph, the Commission must publish a notice—
p.000387: (a) stating that it has made the changes and specifying them, and
p.000387: (b) stating the reason why it has made them.
p.000387: Disclosure etc.
p.000387: 9 (1) Before making a report on a reference, giving or sending a notice under paragraph 8(5)(a) or
p.000387: (8) or publishing a notice under paragraph 8(12), the Competition Commission must have regard to the following
p.000387: considerations.
p.000387: (2) The first consideration is the need to exclude from disclosure (so far as practicable) any
p.000387: information the disclosure of which the Commission considers is contrary to the public interest.
p.000387: (3) The second consideration is the need to exclude from disclosure (so far as practicable)—
p.000387: (a) commercial information the disclosure of which the Commission considers would or might significantly harm
p.000387: the legitimate business interests of the undertaking to which it relates, or
p.000387: (b) information relating to the private affairs of an individual whose disclosure the Commission considers
p.000387: would or might significantly harm the individual’s interests.
p.000387: (4) The third consideration is the extent to which the disclosure of the information mentioned in
p.000387: sub-paragraph (3)(a) or (b) is necessary for the purposes of the report.
p.000387: (5) For the purposes of the law relating to defamation, absolute privilege attaches to the report or notice.
p.000387: Powers of investigation
p.000387: 10 (1) The following sections of Part 3 of the Enterprise Act 2002 (mergers) apply, with the modifications in
p.000387: sub-paragraphs (3), (5), (6) and (8) to (11) for the purposes of a reference as they apply for the purposes of
p.000387: references under that Part—
p.000387: (a) section 109 (attendance of witnesses and production of documents),
p.000387:
p.000388: 388
p.000388: Health and Social Care Act 2012 (c. 7)
p.000388: Schedule 10 — References by Monitor to the Competition Commission
p.000388: (b) section 110 (enforcement of powers under section 109: general),
p.000388: (c) section 111 (penalties),
p.000388: (d) section 112 (penalties: main procedural requirements),
p.000388: (e) section 113 (payments and interest by instalments),
p.000388: (f) section 114 (appeals in relation to penalties),
p.000388: (g) section 115 (recovery of penalties),
p.000388: (h) section 116 (statement of policy),
p.000388: (i) section 117 (offence of supplying false or misleading information), and
p.000388: (j) section 125 (offences by bodies corporate) so far as relating to section 117.
p.000388: (2) Those sections of that Part of that Act apply, with the modifications in sub- paragraphs (4), (5) and (7) to (11),
p.000388: for the purposes of an investigation by the Competition Commission in the exercise of its functions under paragraph 8,
p.000388: as they apply for the purposes of an investigation on references under that Part.
...
p.000392: (b) remit the decision whether to confirm the penalty, or any matter relating to that decision, to
p.000392: Monitor.
p.000392: Recovery of financial penalties
p.000392: 7 (1) Amounts payable to Monitor of the kind mentioned in sub-paragraph (2) are recoverable summarily as a
p.000392: civil debt (but this does not affect any other method of recovery).
p.000392: (2) The amounts are—
p.000392: (a) a variable monetary penalty and any interest payable on it, or
p.000392: (b) a non-compliance penalty.
p.000392: Payments of penalties etc. into Consolidated Fund
p.000392: 8 Monitor must pay any sums it receives in respect of any of the following into the Consolidated Fund—
p.000392: (a) a variable monetary penalty and any interest payable on it, or
p.000392: (b) a non-compliance penalty.
p.000392: PART 2 ENFORCEMENT UNDERTAKINGS
p.000392: Procedure
p.000392: 9 (1) Monitor must publish a procedure for entering into enforcement undertakings.
p.000392: (2) Monitor may revise the procedure and if it does so, Monitor must publish the procedure as revised.
p.000392: (3) Monitor must consult such persons as it considers appropriate before publishing or revising the
p.000392: procedure.
p.000392: 10 (1) Where Monitor accepts an enforcement undertaking, Monitor must publish the undertaking.
p.000392:
p.000392: Health and Social Care Act 2012 (c. 7)
p.000392: Schedule 11 — Further provision about Monitor’s enforcement powers Part 2 — Enforcement undertakings
p.000393: 393
p.000393: (2) But Monitor must not under sub-paragraph (1) publish any part of an enforcement undertaking which
p.000393: contains information which it is satisfied is—
p.000393: (a) commercial information the disclosure of which would, or might, significantly harm the legitimate
p.000393: business interests of the person to whom it relates;
p.000393: (b) information relating to the private affairs of an individual the disclosure of which would, or
p.000393: might, significantly harm that person’s interests.
p.000393: Variation of terms
p.000393: 11 The terms of an enforcement undertaking (including, in particular, the action specified under it
p.000393: and the period so specified within which the action must be taken) may be varied if both the person giving the
p.000393: undertaking and Monitor agree.
p.000393: Compliance certificates
p.000393: 12 (1) Where Monitor is satisfied that an enforcement undertaking has been complied with, Monitor must
p.000393: issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).
p.000393: (2) A person who has given an enforcement undertaking may at any time make an application to Monitor for a compliance
p.000393: certificate.
p.000393: (3) The application must be made in such form, and accompanied by such information, as Monitor requires.
p.000393: (4) Monitor must decide whether or not to issue a compliance certificate, and give notice to the applicant of its
p.000393: decision, before the end of the period of 14 days beginning with the day after that on which the application is
p.000393: received.
p.000393: 13 (1) An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse an application
p.000393: for a certificate of compliance.
p.000393: (2) The grounds for an appeal under this paragraph are that the decision was—
p.000393: (a) based on an error of fact,
p.000393: (b) wrong in law, or
p.000393: (c) unfair or unreasonable.
p.000393: (3) On an appeal under this paragraph, the Tribunal may confirm Monitor’s decision or direct that it is not to have
p.000393: effect.
p.000393: Inaccurate, incomplete or misleading information
p.000393: 14 Where Monitor is satisfied that a person who has given an enforcement undertaking has
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| abuse | Victim of Abuse |
| access | Access to Social Goods |
| age | Age |
| armed forces | Soldier |
| asylum | Refugee Status |
| authority | Relationship to Authority |
| autonomy | Impaired Autonomy |
| child | Child |
| children | Child |
| conviction | Religion |
| crime | Illegal Activity |
| criminal | criminal |
| dependence | Drug Dependence |
| detained | person in detention center |
| disability | Mentally Disabled |
| disabled | Mentally Disabled |
| displaced | displaced |
| education | education |
| educational | education |
| emergencies | patients in emergency situations |
| emergency | Public Emergency |
| employees | employees |
| family | Motherhood/Family |
| freedomXofXinformation | Access to information |
| gender | gender |
| home | Property Ownership |
| illness | Physically Disabled |
| impairment | Cognitive Impairment |
| incapacity | Incapacitated |
| injured | injured |
| liberty | Incarcerated |
| mentally | Mentally Disabled |
| minor | Youth/Minors |
| officer | Police Officer |
| opinion | philosophical differences/differences of opinion |
| parent | parents |
| party | political affiliation |
| police | Police Officer |
| poverty | Economic/Poverty |
| prison | Incarcerated |
| property | Property Ownership |
| restricted | Incarcerated |
| sick | Physically Ill |
| single | Marital Status |
| substance | Drug Usage |
| union | Trade Union Membership |
| violence | Threat of Violence |
| vulnerable | vulnerable |
| youth | Youth/Minors |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| child | ['children'] |
| children | ['child'] |
| disability | ['disabled', 'mentally'] |
| disabled | ['mentally', 'disability'] |
| education | ['educational'] |
| educational | ['education'] |
| home | ['property'] |
| liberty | ['prison', 'restricted'] |
| mentally | ['disabled', 'disability'] |
| minor | ['youth'] |
| officer | ['police'] |
| police | ['officer'] |
| prison | ['liberty', 'restricted'] |
| property | ['home'] |
| restricted | ['liberty', 'prison'] |
| youth | ['minor'] |
Trigger Words
capacity
consent
exploit
harm
justice
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input