10.—(1) Notwithstanding the commencement in part of paragraph 1 of Schedule 4 to the Act (amendments of the 2006 Act) by article 2(2) the power of the Secretary of State under section 2 of the 2006 Act (Secretary of State’s general power) prior to any amendment made by that paragraph, is to continue until paragraph 1 of Schedule 4 comes fully into force.
(2) Until the commencement of section 34 of the Act (abolition of Primary Care Trusts)—
(a)the power of a clinical commissioning group under section 2 of the 2006 Act (general power) does not include the power to—
(i)enter into a commissioning contract, or any other contract,
(ii)acquire and dispose of property, or
(iii)accept gifts (including property to be held on trust for the purposes of the clinical commissioning group); and
(b)the power of the Board under section 2 of the 2006 Act does not include the power to enter into a commissioning contract.
(3) In this article “commissioning contract” means a contract entered into by the Board or (as the case may be) clinical commissioning groups in arranging for the provision of services as part of the health service.