Health and Social Care Act 2012 (c. 7)

SCHEDULES

SCHEDULE 4 E+W Amendments of the National Health Service Act 2006

PART 2 E+W NHS Bodies

13 E+W In section 28 (special health authorities), omit subsection (6).

Commencement Information

I1 Sch. 4 para. 13 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

14 E+W In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—

(a) omit “, section 14”, and

(b) omit “, section 19”.

Commencement Information

I2 Sch. 4 para. 14 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

15 E+W Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).

Commencement Information

I3 Sch. 4 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

16 E+W In section 67 (effect of intervention orders), in subsection (1)—

(a) in paragraph (a)—

(i) omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,” and

(b) in paragraph (b)—

(i) omit “Strategic Health Authority,” and

(ii) omit “Primary Care Trust,”.

Commencement Information

I4 Sch. 4 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

17 E+W In section 70 (transfer of residual liabilities)—

(a) in subsection (1)—

(i) omit “a Strategic Health Authority,”, and

(ii) omit “a Primary Care Trust,”, and

(b) in the heading, at the end insert “of certain health service bodies”.

Commencement Information

I5 Sch. 4 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

18 (1) Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is amended as follows. E+W

(2) In subsection (2)—

(a) after “are—” insert—

“(za) the Board,

(zb) clinical commissioning groups,”,

(b) omit paragraph (a),

(c) omit paragraph (b),

(d) after paragraph (h) (and before the “and” immediately following it) insert—

“(ha) a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board,

(hb) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,”, and”

(e) in paragraph (i)—

(i) for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (hb)”, and

(ii) for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to (h)”.

(3) In subsection (2A)—

(a) after paragraph (a) insert—

“(ab) in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body;”, and

(b) in paragraph (b) for “paragraphs (a) to (h)” substitute “paragraphs (za) to (h)”.

(4) In subsection (3)(a)—

(a) after “the Secretary of State” insert “or the Board”,

(b) omit “Strategic Health Authority,”, and

(c) omit “Primary Care Trust,”.

(5) In subsection (5), for “(a) to (d),” substitute “(c), (d),”.

(6) In subsection (6)—

(a) after “the Secretary of State,” insert “the Board or”,

(b) omit “Strategic Health Authority,” and

(c) omit “Primary Care Trust,”.

Commencement Information

I6 Sch. 4 para. 18(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I7 Sch. 4 para. 18(1) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I8 Sch. 4 para. 18(2)(a)(d)(e)(3)(4)(a)(6)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I9 Sch. 4 para. 18(2)(b)(c)(4)(b)(c)(5)(6)(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

19 E+W In section 73 (directions and regulations), in subsection (1) omit paragraphs (c) to (f).

Commencement Information

I10 Sch. 4 para. 19 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

20 E+W Omit Schedule 2.

Commencement Information

I11 Sch. 4 para. 20 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

21 E+W Omit Schedule 3.

Commencement Information

I12 Sch. 4 para. 21 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

22 (1) Schedule 4 (NHS trusts) is amended as follows. E+W

(2) In paragraph (5)(1)(f), omit “Primary Care Trusts,”.

(3) In paragraph 6—

(a) in sub-paragraph (1) —

(i) omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”, and

(b) in sub-paragraph (2) —

(i) omit “Strategic Health Authority,” and

(ii) omit “, Primary Care Trust”.

(4) In paragraph 7(3), omit “Strategic Health Authority,”.

(5) In paragraph 8—

(a) in sub-paragraph (1), omit “, Primary Care Trust” (in each place where it occurs), and

(b) in sub-paragraph (4), omit “, Primary Care Trust”,

(c) in sub-paragraph (5), omit “, Primary Care Trust” (in each place where it occurs),

(d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e) in sub-paragraph (9)(b), omit “, Primary Care Trust”.

(6) In paragraph 9—

(a) in sub-paragraph (1)—

(i) omit “a Strategic Health Authority,”, and

(ii) omit “a Primary Care Trust,”,

(b) in sub-paragraph (3)—

(i) omit “Strategic Health Authority,”, and

(ii) omit “Primary Care Trust,”,

(c) in sub-paragraph (6)—

(i) omit “a Strategic Health Authority,”, and

(ii) omit “, a Primary Care Trust,”,

(d) in sub-paragraph (7)—

(i) in paragraph (a), omit “Strategic Health Authority,”,

(ii) in that paragraph omit “or belong to a Primary Care Trust”, and

(iii) in the words following paragraph (b)—

(a) omit “Strategic Health Authority,”, and

(b) omit “Primary Care Trust,”.

(7) In paragraph 15, omit sub-paragraphs (2) and (3).

(8) In paragraph 18—

(a) omit “Strategic Health Authority,” and

(b) omit “Primary Care Trust,”.

(9) In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

(10) In paragraph 30, in sub-paragraph (1)—

(a) omit “Strategic Health Authority,” and

(b) omit “Primary Care Trust,”.

Commencement Information

I13 Sch. 4 para. 22 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

23 (1) Schedule 6 (special health authorities established under section 28) is amended as follows. E+W

(2) In paragraph 3(8)—

(a) for “to a Strategic Health Authority” substitute “to the Board”, and

(b) for “a Strategic Health Authority” substitute “the Board”.

(3) In paragraph 3(12)—

(a) in paragraph (a) for “of a Strategic Health Authority” substitute “of the Board”, and

(b) in paragraph (b) omit “or by a Strategic Health Authority”.

(4) In paragraph 13 for “a Strategic Health Authority” substitute “the Board”.

Commencement Information

I14 Sch. 4 para. 23 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)