SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

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

I138

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

I239

In section 2 (rights of authorised representatives of disabled persons)—

a

in subsection (5) in paragraph (a)—

i

after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”,

ii

for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and

iii

omit “by a Primary Care Trust established under that Act,”,

b

in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and

c

in subsection (9) in the definition of “health authority”, in paragraph (a)—

i

after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

ii

omit “a Strategic Health Authority,”, and

iii

omit “or a Primary Care Trust”.

I340

In section 7 (persons discharged from hospital), in subsection (9)—

a

in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and

b

in the definition of “the managers”—

i

in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,

ii

in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”,

iii

in those words omit “Strategic Health Authority,”, and

iv

omit paragraph (bb).

I441

In section 11 (reports to Parliament)—

a

in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and

b

omit subsection (1ZB).

I542

In section 16 (interpretation), in subsection (1)—

a

omit the definition of “Primary Care Trust”, and

b

omit the definition of “Strategic Health Authority”.