Health and Social Care Act 2012

PART 9 Fraud etc.

103 (1) Section 195 (compulsory disclosure of documents) is amended as follows.

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for the provision of such services”.

104 (1) Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows.

(2) In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”

(b) omit paragraph (a), and

(c) omit paragraph (c).

(4) After subsection (5) insert—

“(5A) A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.”

105 (1) Section 197 (notice requiring production of documents) is amended as follows.

(2) In subsection (1)(a) after “health service provider” insert “, public health service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health service contractor”.

106 In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State’s functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.

107 (1) Section 210 (interpretation of Part 10) is amended as follows.

(2) In subsection (1) after “health service provider” insert “, “public health service contractor””.

(3) In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”, and

(b) after “health service providers” insert “, public health service contractors”.