The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Explanatory Note

(This note is not part of the Order)

This Order provides for the abolition of the National Treatment Agency (“the Agency”) and makes provision in consequence of the Health and Social Care Act 2012 (c. 7) (“the Act”).

Part 2 of the Order deals with the Agency, which was established by the National Treatment Agency (Establishment and Constitution) Order 2001, made under what is now section 28 of the National Health Service Act 2006 (“the 2006 Act”). Article 3 of the Order abolishes the Agency on 1st April 2013. Articles 4 and 5 make provision for the transfer of the staff, property and liabilities of the Agency. Article 6 makes provision for continuity and other matters relating to transfer. Articles 7 and 8 provide for the handling of complaints against the Agency, and the winding up of its affairs, after 1st April 2013. Article 9 and Schedule 1 make consequential revocations and amendments.

Part 3 of the Order makes consequential, transitional and saving provisions in relation to the Act. Article 10 deals with contracts and agreements entered into by Primary Care Trusts (“PCTs”) for the provision of primary medical or primary dental services which are still in existence and which are dealt with by the Orders listed in article 10(1). Article 10 ensures that, following the abolition of PCTs by section 34 of the Act, the National Health Service Commissioning Board (established by section 1H of the 2006 Act, as inserted by section 9 of the Act) will take on PCTs' responsibilities under such contracts.

Article 11 and Part 1 of Schedule 2 amend secondary legislation (including Wales, Scotland and Northern Ireland secondary legislation) in consequence of the Act. These provisions are in consequence in particular of certain aspects of the Act:

- the abolition of Strategic Health Authorities and PCTs by sections 33 and 34 of the Act;

- the establishment of the National Health Service Commissioning Board;

- the establishment of clinical commissioning groups under section 14D of the 2006 Act, as inserted by section 25 of the Act;

- the assumption by the Secretary of State and local authorities of new functions in relation to public health (see section 1H(5) of the 2006 Act, as inserted by section 9 of the Act);

- the abolition of the right of certain bodies to discharge patients under section 23 of the Mental Health Act 1983 (c. 20) by section 39 of the Act;

- the abolition of the Health Protection Agency (see section 56 of the Act);

- the amendments made to Part 14 of the Local Government and Public Involvement in Health Act 2007 (c. 28) by Part 5 of the Act to provide for Local Healthwatch organisations to take on the role of representing service users which was formerly discharged by local involvement networks;

- the changes made to the system of scrutiny of the health service by Part 5 of the Act including, in particular, amendments to section 244 of the 2006 Act to provide for health scrutiny functions to be conferred directly on local authorities;

- the abolition of two Special Health Authorities (the National Institute for Health and Clinical Excellence and the Health and Social Care Information Centre) and their replacement by two new non-Departmental Public Bodies (the National Institute for Health and Care Excellence – see Part 8 of, and Schedules 17 and 18 to, the Act, and the Health and Social Care Information Centre – see Chapter 2 of Part 9 of, and Schedules 18 and 19 to, the Act); and

- the abolition of certain other bodies by Part 10 of, and Schedule 20 to, the Act (the Alcohol Education and Research Council, the Appointments Commission, the National Information Governance Board for Health and Social Care, the National Patient Safety Agency and the NHS Institute for Innovation and Improvement).

Part 2 of Schedule 2 to the Order lists the statutory instruments which are revoked in their entirety in consequence of the Act. Schedule 3 to the Order makes transitional and saving provision in respect of certain of the consequential amendments made by Schedule 2.

A full impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act and a copy is available atwww.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583