Health and Social Care Act 2008

Section 160

SCHEDULE 14 Further amendments relating to Part 5

Children Act 1989 (c. 41)

1 In section 17A of the Children Act 1989 (direct payments), after subsection (3) (provisions of section 57 of the Health and Social Care Act 2001 apply with any necessary modifications) insert—

“(3A) The modifications mentioned in subsection (3) include, in particular, the omission of the provisions inserted into section 57 of the 2001 Act by the Health and Social Care Act 2008.”

Parliamentary Commissioner Act 1967 (c. 13)

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

“The National Information Governance Board for Health and Social Care.”

House of Commons Disqualification Act 1975 (c. 24)

3 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) insert at the appropriate place—

“The National Information Governance Board for Health and Social Care.”

Freedom of Information Act 2000 (c. 36)

4 In Schedule 1 to the Freedom of Information Act 2000 (public authorities) in Part 6 (other public bodies and offices) insert at the appropriate place—

“The National Information Governance Board for Health and Social Care.”

National Health Service Act 2006 (c. 41)

5 In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3) (which lists the provisions in relation to which functions are not exercisable only in relation to England)—

(a) after paragraph (f) insert—

“(fa) sections 250B to 250D (National Information Governance Board),”, and

(b) in paragraph (g), for “252 (Patient Information Advisory Group)” substitute “252 (consultation with National Information Governance Board)”.

6 In Schedule 1 to the National Health Service Act 2006 (further provision about the Secretary of State and services under that Act), in paragraph 3, for “2(1)(b)” substitute “2(2)”.

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

7 In Schedule 1 to the National Health Service (Wales) Act 2006 (further provision about the Welsh Ministers and services under that Act), in paragraph 3, for “2(1)(b)” substitute “2(2)”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

8 In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), after subsection (8) insert—

“(8A) An authority that is a local authority for the purposes of section 17A of the Children Act 1989 or section 57 of the Health and Social Care Act 2001 (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section.

(8B) A person (S) who is someone’s surrogate within the meaning of section 57 of the Health and Social Care Act 2001 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (1B)(b) or (1C)(b) of that section.”