Health and Social Care Act 2012 (c. 7)

SCHEDULES

SCHEDULE 5 E+W Part 1: amendments of other enactments

Health and Social Care Act 2008 (c. 14) E+W

154 E+W The Health and Social Care Act 2008 is amended as follows.

Commencement Information

I1 Sch. 5 para. 154 in force at 1.4.2013 for specified purposes by S.I. 2013/160, art. 2(2) (with arts. 7-9)

155 E+W In section 30 (urgent procedure for cancellation), in subsection (3)—

(a) before paragraph (a) insert—

“(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

Commencement Information

I2 Sch. 5 para. 155 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

156 E+W In section 39 (bodies required to be notified of certain matters), in subsection (1)—

(a) before paragraph (a) insert—

“(za) in any case where regulations so provide, to the National Health Service Commissioning Board,”,

(b) in paragraph (a)—

(i) at the beginning insert “in any case where regulations so provide,”,

(ii) after “such” insert “clinical commissioning group”, and

(iii) omit “Primary Care Trust”, and

(c) omit paragraph (b).

Commencement Information

I3 Sch. 5 para. 156 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F1 157 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 5 para. 157 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4

158 E+W In section 48 (special reviews and investigations)—

(a) in subsection (2) after paragraph (b) (and before the “or” immediately following it) insert—

“(ba) the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006,”, and

(b) in subsection (8) omit paragraph (a) and the word “or” immediately following it.

Commencement Information

I4 Sch. 5 para. 158 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F2 159 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 5 para. 159 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4

160 E+W In section 54 (studies as to economy, efficiency etc)—

(a) omit subsection (2)(b), and

(b) in subsection (5) after “reference to” insert “the National Health Service Commissioning Board, a clinical commissioning group or”.

Commencement Information

I5 Sch. 5 para. 160 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

161 E+W In section 59 (additional functions) at the end insert—

“(3) The references in subsection (1) to English NHS bodies do not include references to the National Health Service Commissioning Board or clinical commissioning groups.”

Commencement Information

I6 Sch. 5 para. 161 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

162 E+W In section 64 (power to require documents and information), in subsection (2)(b)—

(a) after “commissioned by” insert “—

(i) the National Health Service Commissioning Board,

(ii) a clinical commissioning group, or

(iii)”, and

(b) omit “a Primary Care Trust”.

Commencement Information

I7 Sch. 5 para. 162 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Prospective

F3 163 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 5 para. 163 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4

Prospective

F4 164 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 5 para. 164 omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(f), 127(1); S.I. 2014/1714, art. 4

165 E+W In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the “and” immediately following it insert—

“(aa) the National Health Service Commissioning Board,”.

Commencement Information

I8 Sch. 5 para. 165 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

166 (1) Section 97 (general interpretation of Part 1) is amended as follows. E+W

(2) In subsection (1) in the definition of “English NHS body”—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board,

(cb) a clinical commissioning group,”.

(3) In that subsection in the definition of “English NHS provider” omit paragraph (a).

(4) In that subsection in the definition of “NHS care”—

(a) after “health care” insert “—

(a) commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or

(b)”, and

(b) omit from “provided by” to the end.

(5) After subsection (2) insert—

“(2A) Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act).”

(6) Omit subsection (3).

Commencement Information

I9 Sch. 5 para. 166 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

167 E+W In section 153 (directions to certain NHS bodies) in subsection (1)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Commencement Information

I10 Sch. 5 para. 167 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)