Health and Social Care Act 2012

SCHEDULES

Section 9(2)

SCHEDULE 1 E+W The National Health Service Commissioning Board

Commencement Information

I1 Sch. 1 partly in force; Sch. 1 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I2 Sch. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 3(2)(3))

I3 Sch. 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)

Section 1H(4)

“SCHEDULE A1 E+W The National Health Service Commissioning Board

Status E+W

1 (1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown.

(2) The Board's property is not to be regarded as property of, or property held on behalf of, the Crown.

Membership E+W

2 (1) The Board is to consist of—

(a) a chair appointed by the Secretary of State,

(b) at least five other members so appointed, and

(c) the chief executive and other members appointed in accordance with paragraph 3.

(2) In this Schedule—

(a) references to non-executive members of the Board are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and

(b) references to executive members of the Board are references to the other members.

(3) The number of executive members must be less than the number of non-executive members.

The chief executive and other executive members: appointment and status E+W

3 (1) The chief executive and the other executive members of the Board are to be appointed by the non-executive members.

(2) A person may not be appointed as chief executive without the consent of the Secretary of State.

(3) The chief executive and the other executive members are to be employees of the Board.

(4) The first chief executive of the Board is to be appointed by the Secretary of State.

Non-executive members: tenure E+W

4 (1) A person holds and vacates office as a non-executive member of the Board in accordance with that person's terms of appointment.

(2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.

(3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(c) failure to carry out his or her duties as a non-executive member.

(4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (3).

(5) A person may not be appointed as a non-executive member for a period of more than four years.

(6) A person who ceases to be a non-executive member is eligible for re-appointment.

Suspension of non-executive members E+W

5 (1) This paragraph applies where a person is suspended under paragraph 4(4).

(2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice.

(3) The notice may be—

(a) delivered in person (in which case the person is taken to receive it when it is delivered), or

(b) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted).

(4) The initial period of suspension must not exceed six months.

(5) The Secretary of State may at any time review the suspension.

(6) The Secretary of State—

(a) must review the suspension if requested in writing by the person to do so, but

(b) need not review the suspension less than three months after the beginning of the initial period of suspension.

(7) Following a review during a period of suspension, the Secretary of State may—

(a) revoke the suspension, or

(b) suspend the person for another period of not more than six months from the expiry of the current period.

(8) The Secretary of State must revoke the suspension if the Secretary of State —

(a) decides that there are no grounds to remove the person from office under paragraph 4(3), or

(b) decides that there are grounds to do so but does not remove the person from office under that provision.

6 (1) Where a person is suspended from office as the chair under paragraph 4(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions.

(2) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair's suspension, and

(b) the remainder of the interim chair's term as a non-executive member.

(3) A person who ceases to be the interim chair is eligible for re-appointment.

Payment of non-executive members E+W

7 (1) The Board must pay to its non-executive members such remuneration as the Secretary of State may determine.

(2) The Board must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member of the Board.

(3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the Board must pay compensation to the person of such amount as the Secretary of State may, with the approval of the Treasury, determine.

Staff E+W

8 The Board may appoint such persons to be employees of the Board as it considers appropriate.

9 (1) Employees of the Board are to be paid such remuneration and allowances as the Board may determine.

(2) Employees of the Board are to be appointed on such other terms and conditions as the Board may determine.

(3) The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the Board.

(4) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of this paragraph, the Board must obtain the approval of the Secretary of State to its policy on the matter.

Committees E+W

10 (1) The Board may appoint such committees and sub-committees as it considers appropriate.

(2) A committee or sub-committee may consist of or include persons who are not members or employees of the Board.

(3) The Board may pay such remuneration and allowances as it determines to any person who—

(a) is a member of a committee or a sub-committee, but

(b) is not an employee of the Board,

whether or not that person is a non-executive member of the Board.

Trust funds and trustees E+W

11 (1) The Secretary of State may by order provide for the appointment of trustees for the Board to hold property on trust—

(a) for the general or any specific purposes of the Board, or

(b) for any purposes relating to the health service in England.

(2) An order under sub-paragraph (1) may—

(a) make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment,

(b) make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),

(c) make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as the Secretary of State considers appropriate, and

(d) make provision with respect to the term of office of any trustee and his or her removal from office.

(3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for the transfer of any trust property from the Board to the trustees.

Procedure E+W

12 (1) The Board may regulate its own procedure.

(2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the appointment of any member.

Exercise of functions E+W

13 The Board may arrange for the exercise of any of its functions on its behalf by—

(a) any non-executive member,

(b) any employee (including any executive member), or

(c) a committee or sub-committee.

Provision of information to Secretary of State E+W

14 (1) The Secretary of State may require the Board to provide the Secretary of State with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service.

(2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.

Accounts E+W

15 (1) The Board must keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to—

(a) the content and form of its accounts, and

(b) the methods and principles to be applied in the preparation of its accounts.

(3) In sub-paragraph (2) the reference to accounts includes a reference to the Board's consolidated annual accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17.

(4) The chief executive of the Board is to be its accounting officer.

Annual accounts E+W

16 (1) The Board must prepare consolidated annual accounts in respect of each financial year.

(2) The consolidated annual accounts must contain—

(a) the Board's annual accounts, and

(b) a consolidation of the Board's annual accounts and the annual accounts of each clinical commissioning group.

(3) The Board must send copies of the consolidated annual accounts to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the consolidated annual accounts, and

(b) lay copies of the accounts and the report on them before Parliament.

(5) In this paragraph, “financial year” includes the period which begins with the day on which the Board is established and ends on the following 31 March.

Interim Accounts E+W

17 (1) The Secretary of State may, with the approval of the Treasury, direct the Board to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”).

(2) The interim accounts in respect of any period must contain—

(a) the Board's accounts in respect of that period, and

(b) a consolidation of the Board's accounts in respect of that period and any accounts of clinical commissioning groups in respect of that period which are prepared by virtue of paragraph 17(3) of Schedule 1A.

(3) The Board must send copies of any interim accounts to—

(a) the Secretary of State, and

(b) if the Secretary of State so directs, the Comptroller and Auditor General,

within such period as the Secretary of State may direct.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b),

(b) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and

(c) if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament.

Seal and evidence E+W

18 (1) The application of the Board's seal must be authenticated by the signature of any member of the Board or any other person who has been authorised (generally or specially) for that purpose.

(2) A document purporting to be duly executed under the Board's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.”

Section 25(2)

SCHEDULE 2 E+W Clinical commissioning groups

Commencement Information

I4 Sch. 2 partly in force; Sch. 2 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I5 Sch. 2 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 9)

I6 Sch. 2 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)

Sections 14B(6), 14D(2) and 14I(4)

“SCHEDULE 1A E+W Clinical commissioning groups

PART 1 E+W Constitution of clinical commissioning groups

General E+W

1 A clinical commissioning group must have a constitution.

2 (1) The constitution must specify—

(a) the name of the clinical commissioning group,

(b) the members of the group, and

(c) the area of the group.

(2) The name of the group must comply with such requirements as may be prescribed.

3 (1) The constitution must specify the arrangements made by the clinical commissioning group for the discharge of its functions (including its functions in determining the terms and conditions of its employees).

(2) The arrangements may include provision—

(a) for the appointment of committees or sub-committees of the clinical commissioning group, and

(b) for any such committees to consist of or include persons other than members or employees of the clinical commissioning group.

(3) The arrangements may include provision for any functions of the clinical commissioning group to be exercised on its behalf by—

(a) any of its members or employees,

(b) its governing body, or

(c) a committee or sub-committee of the group.

4 (1) The constitution must specify the procedure to be followed by the clinical commissioning group in making decisions.

(2) The constitution must also specify the arrangements made by the clinical commissioning group for securing that there is transparency about the decisions of the group and the manner in which they are made.

5 The constitution must specify the arrangements made by the clinical commissioning group for discharging its duties under section 14O(1) to (4).

6 The provision made by virtue of paragraphs 3 and 4 must secure that there is effective participation by each member of the clinical commissioning group in the exercise of the group's functions.

Governing bodies of clinical commissioning groups E+W

7 (1) The constitution must specify the arrangements made by the clinical commissioning group for the discharge of the functions of its governing body.

(2) The arrangements—

(a) must include provision for the appointment of the audit committee and remuneration committee of the governing body, and

(b) may include provision for the appointment of other committees or sub-committees of the governing body.

(3) Arrangements under sub-paragraph (2)(a) may include provision for the audit committee to include individuals who are not members of the governing body.

(4) Arrangements under sub-paragraph (2)(b) may include provision for a committee or sub-committee to include individuals who are not members of the governing body but are—

(a) members of the clinical commissioning group, or

(b) individuals of a description specified in the constitution.

(5) The arrangements may include provision for any functions of the governing body to be exercised on its behalf by—

(a) any committee or sub-committee of the governing body,

(b) a member of the governing body,

(c) a member of the clinical commissioning group who is an individual (but is not a member of the governing body), or

(d) an individual of a description specified in the constitution.

(6) In this paragraph, references to the functions of the governing body of a clinical commissioning group include references to the functions of the clinical commissioning group which are exercisable by the governing body under arrangements specified in the constitution by virtue of paragraph 3(3).

8 (1) The constitution must specify the procedure to be followed by the governing body in making decisions.

(2) The constitution must also specify the arrangements made by the clinical commissioning group for securing that there is transparency about the decisions of the governing body and the manner in which they are made.

(3) The provision made under sub-paragraph (2) must include provision for meetings of governing bodies to be open to the public, except where the clinical commissioning group considers that it would not be in the public interest to permit members of the public to attend a meeting or part of a meeting.

Supplemental E+W

9 In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.

PART 2 E+W Further provision about clinical commissioning groups

Status E+W

10 (1) A clinical commissioning group is a body corporate.

(2) A clinical commissioning group is not to be regarded as a servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown.

(3) The property of a clinical commissioning group is not to be regarded as property of, or property held on behalf of, the Crown.

Staff E+W

11 (1) A clinical commissioning group may appoint such persons to be employees of the group as it considers appropriate.

(2) A clinical commissioning group must—

(a) pay its employees remuneration and travelling or other allowances in accordance with determinations made by its governing body under section 14L(3)(a), and

(b) employ them on such other terms and conditions as it may determine.

(3) A clinical commissioning group may, for or in respect of such of its employees as it may determine, make arrangements for providing pensions, allowances or gratuities.

(4) Such arrangements may include the establishment and administration, by the clinical commissioning group or otherwise, of one or more pension schemes.

(5) The arrangements that may be made under sub-paragraph (3) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of any of the clinical commissioning group's employees who suffer loss of office or employment or loss or diminution of emoluments.

Accountable officer E+W

12 (1) A clinical commissioning group must have an accountable officer.

(2) The accountable officer is to be appointed by the Board.

(3) The Board may appoint a person to be the accountable officer for more than one clinical commissioning group (and in the following provisions of this paragraph such an appointment is referred to as a “joint appointment”).

(4) The accountable officer may be—

(a) an individual who is a member of the clinical commissioning group or of any body that is a member of the group or, in the case of a joint appointment, an individual who is a member of any of the groups in question or of any body that is a member of any of those groups, or

(b) an employee of the group or of any member of the group or, in the case of a joint appointment, an employee of any of the groups in question or of any member of those groups.

(5) If the accountable officer is not an employee of the clinical commissioning group or, in the case of a joint appointment, of any of the groups in question, the group or any of the groups may pay remuneration and travelling or other allowances to the accountable officer in accordance with determinations made by its governing body under section 14L(3)(a).

(6) A clinical commissioning group may, for or in respect of its accountable officer, make arrangements for providing pensions, allowances or gratuities.

(7) The arrangements that may be made under sub-paragraph (6) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of the accountable officer where the officer suffers loss of office or loss or diminution of emoluments.

(8) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the arrangements that may be made under sub-paragraph (6) include arrangements for the accountable officer to be a member of the scheme.

(9) The accountable officer is responsible for ensuring that the clinical commissioning group or, in the case of a joint appointment, each of the groups in question—

(a) complies with its obligations under—

(i) sections 14Q and 14R,

(ii) sections 223H to 223J,

(iii) paragraphs 17 to 19 of this Schedule, and

(iv) any other provision of this Act specified in a document published by the Board for the purposes of this sub-paragraph, and

(b) exercises its functions in a way which provides good value for money.

Remuneration etc for members of governing bodies E+W

13 (1) A clinical commissioning group may pay members of its governing body such remuneration and travelling or other allowances as it considers appropriate.

(2) A clinical commissioning group may, for or in respect of such members of its governing body as it may determine, make arrangements for providing pensions, allowances or gratuities.

(3) Such arrangements may include the establishment and administration, by the clinical commissioning group or otherwise, of one or more pension schemes.

(4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body who suffer loss or diminution of emoluments.

(5) Where a clinical commissioning group has, by virtue of paragraph 11(4), established a pension scheme, the arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be members of the scheme.

(6) Sub-paragraph (2) does not apply to members of the governing body who are—

(a) members or employees of the clinical commissioning group, or

(b) members or employees of a body that is a member of the clinical commissioning group.

Additional powers in respect of payment of allowances E+W

14 A clinical commissioning group may pay such travelling or other allowances as it considers appropriate to any of the following—

(a) members of the clinical commissioning group who are individuals;

(b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between the member and the group;

(c) members of any committee or sub-committee of the clinical commissioning group or its governing body.

Trust funds and trustees E+W

15 (1) The Secretary of State may by order provide for the appointment of trustees for a clinical commissioning group to hold property on trust—

(a) for the general or any specific purposes of the group, or

(b) for any purposes relating to the health service in England.

(2) An order under sub-paragraph (1) may—

(a) make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment,

(b) make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State),

(c) make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as the Secretary of State considers appropriate, and

(d) make provision with respect to the term of office of any trustee and his or her removal from office.

(3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for the transfer of any trust property from the clinical commissioning group to the trustees.

Externally financed development agreements E+W

16 (1) The powers of a clinical commissioning group include power to enter into externally financed development agreements.

(2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

(3) The Secretary of State may give a certificate under this paragraph if—

(a) in the Secretary of State's opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the discharge by a clinical commissioning group of any of its functions, and

(b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4) If a clinical commissioning group enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.

(5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the clinical commissioning group.

(6) The fact that an agreement made by a clinical commissioning group has not been certified under this paragraph does not affect its validity.

Accounts and audits E+W

17 (1) A clinical commissioning group must keep proper accounts and proper records in relation to the accounts.

(2) A clinical commissioning group must prepare annual accounts in respect of each financial year.

(3) The Board may, with the approval of the Secretary of State, direct a clinical commissioning group to prepare accounts in respect of such period or periods as may be specified in the direction.

(4) The Board may, with the approval of the Secretary of State, give directions to a clinical commissioning group as to—

(a) the methods and principles according to which its annual or other accounts must be prepared, and

(b) the form and content of such accounts.

(5) The annual accounts and, if the Board so directs, accounts prepared by virtue of sub-paragraph (3) must be audited in accordance with the Audit Commission Act 1998 by an auditor or auditors appointed in accordance with arrangements made by the Board for the purposes of this paragraph.

(6) The Comptroller and Auditor General may examine—

(a) the annual accounts and any records relating to them, and

(b) any report on them by the auditor or auditors.

(7) A clinical commissioning group must send its audited annual accounts, and any audited accounts prepared by it by virtue of sub-paragraph (3), to the Board by no later than the date specified in a direction by the Board.

(8) The Board may direct a clinical commissioning group to send its unaudited annual accounts, and any unaudited accounts prepared by it by virtue of sub-paragraph (3), to the Board by no later than the date specified in a direction by the Board.

(9) For the purposes of this paragraph “financial year” includes the period which begins on the day the clinical commissioning group is established and ends on the following 31 March.

Provision of financial information to Board E+W

18 (1) The Board may direct a clinical commissioning group to supply it with such information relating to its accounts or to its income or expenditure, or its use of resources, as may be specified in the direction.

(2) The power conferred by sub-paragraph (1) includes power to direct a clinical commissioning group to supply the Board with—

(a) estimates of its future income or expenditure or its future use of resources;

(b) any information which the Board considers is necessary to enable it to verify any other information supplied to it under sub-paragraph (1).

(3) A clinical commissioning group must supply the Board with any information specified in a direction under sub-paragraph (1) within such period as may be specified in the direction.

(4) In this paragraph, a reference to the use of resources is a reference to their expenditure, consumption or reduction in value.

Provision of information required by the Secretary of State E+W

19 (1) The Secretary of State may require each clinical commissioning group to provide the Board with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service.

(2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.

(3) The powers conferred by this paragraph must be exercised in the same way in relation to each clinical commissioning group.

(4) The Board must give any information obtained by it under sub-paragraph (1) to the Secretary of State, in such form, and at such time or within such period, as the Secretary of State may require.

Incidental powers E+W

20 The power conferred on a clinical commissioning group by section 2 includes, in particular, power to—

(a) enter into agreements,

(b) acquire and dispose of property, and

(c) accept gifts (including property to be held on trust for the purposes of the clinical commissioning group).

Seal and evidence E+W

21 (1) The application of a clinical commissioning group's seal must be authenticated by the signature of any person who has been authorised (generally or specially) for that purpose.

(2) Any instrument which, if executed by an individual, would not need to be under seal may be executed on behalf of a clinical commissioning group by any person who has been authorised (generally or specially) for that purpose.

(3) A document purporting to be duly executed under a clinical commissioning group's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.

PART 3 E+W Transfer schemes

22 The things that may be transferred under a property transfer scheme or a staff transfer scheme under section 14I include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(c) criminal liabilities.

23 A property transfer scheme or a staff transfer scheme may make supplementary, incidental, transitional and consequential provision and may in particular—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by the transferor in respect of anything transferred;

(c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee.

24 A property transfer scheme may make provision for the shared ownership or use of property.

25 A staff transfer scheme may make provision which is the same or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).

26 A property transfer scheme or a staff transfer scheme may provide—

(a) for the scheme to be modified by agreement after it comes into effect, and

(b) for any such modifications to have effect from the date when the original scheme comes into effect.”

Section 51(2)

SCHEDULE 3 E+W Pharmaceutical remuneration

Commencement Information

I7 Sch. 3 partly in force; Sch. 3 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I8 Sch. 3 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)

Section 165A(3)

“SCHEDULE 12A E+W Pharmaceutical remuneration

Interpretation E+W

1 In this Schedule—

(a) “drugs” includes medicines and listed appliances (within the meaning of section 126), and

(b) “pharmaceutical remuneration” means remuneration paid by the Board to persons providing pharmaceutical services or local pharmaceutical services.

Pharmaceutical remuneration to be apportioned among clinical commissioning groups E+W

2 (1) The Board must determine the elements of pharmaceutical remuneration in respect of which apportionments are to be made in relation to a financial year in accordance with this paragraph.

(2) In this Schedule, those elements of pharmaceutical remuneration are referred to as “designated elements”.

(3) The Board must notify each clinical commissioning group of a determination under sub-paragraph (1).

(4) The Board must apportion the sums paid by it in respect of each designated element during the financial year among all clinical commissioning groups, in such manner as the Board thinks appropriate.

(5) In apportioning sums under sub-paragraph (4), the Board may, in particular, take into account the financial consequences of orders for the provision of drugs that are attributable to the members of each clinical commissioning group.

(6) Where an amount of pharmaceutical remuneration is apportioned to a clinical commissioning group, the Board—

(a) may deduct that amount from the sums that it would otherwise pay to the group under section 223G(1), and

(b) if it does so, must notify the group accordingly.

(7) The Secretary of State may direct the Board that an element of pharmaceutical remuneration specified in the direction is not to be included in a determination under sub-paragraph (1).

(8) In determining the amount to be allotted to a clinical commissioning group for the purposes of section 223G, the Board must take into account the effect of this Schedule.

(9) For the purposes of sections 223H and 223I(3) and paragraph 17 of Schedule 1A, any amount of which a clinical commissioning group is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.

Other pharmaceutical remuneration E+W

3 (1) This paragraph applies in relation to pharmaceutical remuneration paid in a financial year other than—

(a) designated elements of such remuneration, and

(b) remuneration of a prescribed description.

(2) The Board may require a person to reimburse the Board for any pharmaceutical remuneration to which this paragraph applies if the drugs or services to which the remuneration relates were—

(a) ordered by that person, or

(b) ordered in the course of the delivery of a service arranged by that person.

(3) Any sum payable to the Board by virtue of sub-paragraph (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery).

Exercise of functions E+W

4 The Board may, with the consent of the Secretary of State—

(a) direct a Special Health Authority to exercise any functions of the Board under this Schedule, or

(b) arrange for any other person to exercise any of those functions.”

Section 55(1)

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

PART 1 E+W The health service in England

1 (1) For section 2 substitute— E+W

“2 General power

The Secretary of State, the Board or a clinical commissioning group may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on that person by this Act.”

(2) For the cross-heading preceding section 2 substitute “General power”.

Commencement Information

I9 Sch. 4 para. 1 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 10) (as amended (22.10.2012) by S.I. 2012/2657, art. 15)

I10 Sch. 4 para. 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)

2 (1) Section 6 (performance of functions outside England) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) Where the Secretary of State has a duty or power to provide anything under section 2A or 2B or Schedule 1, that thing may be provided outside England.”

(3) After subsection (1) insert—

“(1A) Where a clinical commissioning group or the Board has a duty or power to arrange for the provision of anything under section 3, 3A, 3B or 4 or Schedule 1, it may arrange for that thing to be provided outside England.”

(4) In subsection (2) for “The Secretary of State's functions” substitute “The functions of the Secretary of State, the Board and clinical commissioning groups”.

Commencement Information

I11 Sch. 4 para. 2(1) in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)

I12 Sch. 4 para. 2(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)

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

I14 Sch. 4 para. 2(3) in force at 1.2.2013 by S.I. 2012/2657, art. 2(4)

3 (1) Section 6A (reimbursement of cost of services provided in another EEA state) is amended as follows. E+W

(2) In subsection (3)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (7) after “Secretary of State” insert “, the Board”.

(4) In subsection (8) in each of paragraphs (a) and (b)—

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

(b) for “either of them” substitute “any of them”.

(5) In subsection (9), after “Secretary of State” (in the second place it occurs) insert “, the Board”.

(6) In subsection (11), in the definition of “responsible authority”—

(a) omit “Strategic Health Authority or”,

(b) omit “Primary Care Trust”,

(c) before “responsible under” insert “a local authority or clinical commissioning group”, and

(d) for “securing” substitute “arranging for”.

Commencement Information

I15 Sch. 4 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

4 (1) Section 6B (prior authorisation for the purposes of section 6A) is amended as follows. E+W

(2) In subsection (2)(b) after “Secretary of State” insert “, the Board”.

(3) In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of State” insert “, the Board”.

Commencement Information

I16 Sch. 4 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

5 (1) In section 8 (Secretary of State's directions to health service bodies), in subsection (2)— E+W

(a) omit paragraph (a), and

(b) omit paragraph (b).

(2) In the heading to that section after “to” insert “certain”.

(3) Before section 8 insert the following cross-heading “Directions to certain NHS bodies”.

Commencement Information

I17 Sch. 4 para. 5 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

6 (1) Section 9 (NHS contracts) is amended as follows. E+W

(2) In subsection (4)—

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”,

(b) omit paragraph (a), and

(c) omit paragraph (b).

Commencement Information

I18 Sch. 4 para. 6(1)(2)(b)(2)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I19 Sch. 4 para. 6(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

7 E+W In section 11 (arrangements to be treated as NHS contracts), in subsection (1)—

(a) after “under which” insert “the Board,”,

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

(c) omit “a Primary Care Trust”.

Commencement Information

I20 Sch. 4 para. 7(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I21 Sch. 4 para. 7(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

8 (1) Section 12 (arrangements with other bodies) is amended as follows. E+W

(2) In subsection (1) for “any service under this Act” substitute “anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”.

(3) For subsection (2) substitute—

“(2) The bodies with whom arrangements may be made under subsection (1) include—

(a) the Board,

(b) clinical commissioning groups,

(c) any other public authorities, and

(d) voluntary organisations.”

(4) For subsection (3) substitute—

“(3) The Secretary of State may make available any facilities provided by the Secretary of State under section 2A or 2B or Schedule 1 to any service provider or to any eligible voluntary organisation.

(3A) In subsection (3)—

• “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;

• “service provider” means a person or body with whom the Secretary of State has made an arrangement under subsection (1).”

(5) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) the Board,

(ab) a clinical commissioning group,

(ac) a local authority,”,

(b) omit paragraph (b), and

(c) omit paragraph (c).

(6) After subsection (4) insert—

“(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”

(7) For the cross-heading preceding section 12 substitute “Arrangements with other bodies”.

Commencement Information

I22 Sch. 4 para. 8 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

9 E+W After section 12 insert—

“12ZA Commissioning arrangements by the Board or clinical commissioning groups

(1) This section applies in relation to arrangements made by the Board or a clinical commissioning group in the exercise of functions under section 3, 3A, 3B or 4 or Schedule 1.

(2) The arrangements may be made with any person or body (including public authorities and voluntary organisations).

(3) If the Board or a clinical commissioning group arranges for the provision of facilities by a service provider, it may also make arrangements for those facilities to be made available to another service provider or to an eligible voluntary organisation.

(4) The Board or a clinical commissioning group may make available any of its facilities to—

(a) a service provider, or

(b) an eligible voluntary organisation.

(5) Where facilities are made available under subsection (4) any of the following persons may make available the services of any employee of that person who is employed in connection with the facilities—

(a) the Secretary of State,

(b) the Board,

(c) a clinical commissioning group,

(d) a Special Health Authority, or

(e) a Local Health Board.

(6) Goods or materials may be made available under this section either temporarily or permanently.

(7) Any power to supply goods or materials under this section includes—

(a) a power to purchase or store them, and

(b) a power to arrange with third parties for the supply of goods or materials by those third parties.

(8) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments.

(9) In this section—

• “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;

• “service provider” means a person or body with whom the Board or a clinical commissioning group has made arrangements in the exercise of the functions mentioned in subsection (1).”

Commencement Information

I23 Sch. 4 para. 9 in force at 1.2.2013 for specified purposes by S.I. 2012/2657, art. 2(4)

I24 Sch. 4 para. 9 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)

10 (1) Section 12A (direct payments for health care) is amended as follows. E+W

(2) In subsection (1) after “The Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.

(3) In subsection (2)—

(a) for paragraph (a) substitute—

“(a) anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1;”,

(b) after that paragraph insert—

“(aa) anything that the Board or a clinical commissioning group may or must arrange for the provision of under this Act or any other enactment.”, and

(c) omit paragraphs (b) and (c).

(4) In subsection (4)—

(a) for “a Primary Care Trust” substitute “a clinical commissioning group”,

(b) for “the trust” substitute “the group”, and

(c) at the end insert “; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.”

(5) In subsection (5), omit “or under regulations under subsection (4)”.

(6) After subsection (6) insert—

“(7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.”

Commencement Information

I25 Sch. 4 para. 10 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

11 (1) Section 12B (regulations about direct payments) is amended as follows. E+W

(2) In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the Primary Care Trust” substitute “, the Board, a clinical commissioning group or a local authority”.

(3) In subsection (4) —

(a) for “or the Primary Care Trust”, in the first place it occurs, substitute “, the Board, a clinical commissioning group or a local authority”, and

(b) for “or the Primary Care Trust”, in the second place it occurs, substitute “the Board, a clinical commissioning group or a local authority (as the case may be)”.

(4) In subsection (5)—

(a) in paragraph (a), after “the Secretary of State” insert “or a local authority or as arranged for by the Board or a clinical commissioning group (as the case may be)”, and

(b) in paragraph (b) for “a Primary Care Trust with respect to the provision of” substitute “the Board, a clinical commissioning group or a local authority with respect to the arrangement for the provision of”.

Commencement Information

I26 Sch. 4 para. 11 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

12 E+W In section 12D (arrangements with other bodies relating to direct payments)—

(a) in subsection (1) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”, and

(b) in subsection (3) after “the Secretary of State” insert “, the Board, a clinical commissioning group or a local authority”.

Commencement Information

I27 Sch. 4 para. 12 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 2 E+W NHS Bodies

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

Commencement Information

I28 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

I29 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

I30 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

I31 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

I32 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

I33 Sch. 4 para. 18(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I34 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)

I35 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)

I36 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

I37 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

I38 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

I39 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

I40 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

I41 Sch. 4 para. 23 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 3 E+W Local authorities

24 E+W In section 74 (supply of goods and services by local authorities), in subsection (1)(a)—

(a) at the beginning insert “the Board and”,

(b) after “any” insert “clinical commissioning group or,”,

(c) omit “Strategic Health Authority,” and

(d) omit “or Primary Care Trust”.

Commencement Information

I42 Sch. 4 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

25 E+W In section 76 (power of local authorities to make payments), in subsection (1)—

(a) after the first “to” insert “the Board, a clinical commissioning group”,

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

(c) omit “a Primary Care Trust”.

Commencement Information

I43 Sch. 4 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

26 E+W In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit “a Primary Care Trust or”.

Commencement Information

I44 Sch. 4 para. 26 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

27 E+W In section 78 (directed partnership agreements), in subsection (3)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Commencement Information

I45 Sch. 4 para. 27 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

28 (1) Section 80 (supply of goods and services by the Secretary of State) is amended as follows. E+W

(2) In subsection (1)—

(a) after “The Secretary of State” insert “, the Board or a clinical commissioning group”, and

(b) in paragraph (b) for “he” substitute “the Secretary of State”.

(3) In subsection (3)—

(a) in paragraph (a) omit “or by a Primary Care Trust”, and

(b) in paragraph (b)—

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

(ii) omit “a Primary Care Trust,”.

(4) After subsection (3) insert—

“(3A) The Board or a clinical commissioning group may make available to persons falling within subsection (1)—

(a) any facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act (including by virtue of section 7A),

(b) any facilities of the Board or (as the case may be) the group, and

(c) the services of persons employed by the Board or (as the case may be) the group.”

(5) In subsection (4) after “carry out” insert “, and the Board or a clinical commissioning group may arrange for the carrying out of,”.

(6) In subsection (5), for “The Secretary of State” substitute “The Board”.

(7) In subsection (6)—

(a) in paragraph (a), after “provided” insert “by the Secretary of State”,

(b) in paragraph (b)—

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

(ii) omit “a Primary Care Trust,” and

(c) in paragraph (c)—

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

(ii) omit “a Primary Care Trust,”.

(8) After subsection (6) insert—

“(6A) The Board and each clinical commissioning group must make available to local authorities—

(a) any services (other than the services of any person) or other facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act,

(b) the services of persons employed by the Board or (as the case may be) the group, and

(c) any facilities of the Board or (as the case may be) the group,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.”

(9) In subsection (7)—

(a) for “The Secretary of State” substitute “The Board”,

(b) at the end of paragraph (c) insert “or”, and

(c) omit paragraph (e) and the word “or” immediately preceding it.

(10) After that subsection insert—

“(8) The Secretary of State may arrange to make available to local authorities the services of persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

(9) The Board or a clinical commissioning group may arrange to make available to local authorities the services of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.

(10) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical commissioning group includes a reference to arrangements so made by virtue of section 7A.”

(11) In the title to section 80, after “Secretary of State” insert “, the Board and clinical commissioning groups”.

(12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after “Special Health Authorities” there were inserted “, Primary Care Trusts”.

Commencement Information

I46 Sch. 4 para. 28 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

29 (1) Section 81 (conditions of supply under section 80) is amended as follows. E+W

(2) In subsection (1)—

(a) for the words from the beginning to “that section” substitute “Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”,

(b) in paragraph (a) for “the Secretary of State” substitute “the person”, and

(c) in paragraph (b) at the beginning insert “where the person is the Secretary of State and is not the officer's employer,”.

(3) In subsection (2)—

(a) for “The Secretary of State” substitute “The person concerned”, and

(b) for “he” substitute “it”.

(4) In subsection (3)—

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

(b) omit “Primary Care Trusts,”.

(5) In subsection (4) for “the Secretary of State” substitute “the person who makes the services available”.

(6) In subsection (5) —

(a) for the words from the beginning to “section 80(6)” substitute “A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them”, and

(b) for “the Secretary of State” substitute “the person”.

Commencement Information

I47 Sch. 4 para. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 4 E+W Medical services

30 (1) Section 83 (duty relating to primary medical services) is amended as follows. E+W

(2) For subsections (1) and (2) substitute—

“(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary medical services throughout England.

(2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.

(2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance of a service outside England.”

(3) In subsection (3) of that section, for “Each Primary Care Trust” substitute “The Board”.

(4) Omit subsection (4).

(5) For the cross-heading preceding that section substitute “Duty of the Board in relation to primary medical services”.

Commencement Information

I48 Sch. 4 para. 30 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

31 (1) Section 84 (general medical services contracts: introductory) is amended as follows. E+W

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (4), for paragraph (b) substitute—

“(b) services to be performed outside England.”

Commencement Information

I49 Sch. 4 para. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

32 E+W In section 86 (persons eligible to enter into general medical services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.

Commencement Information

I50 Sch. 4 para. 32 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

33 E+W In section 87 (general medical services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I51 Sch. 4 para. 33 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

34 (1) In section 89 (general medical services contracts: required terms), in subsection (4)(a), for “a Primary Care Trust” substitute “the Board”. E+W

(2) The variations to contract terms that may be imposed by virtue of subsection (2)(d) of that section include, in particular, variations in consequence of the establishment of clinical commissioning groups.

Commencement Information

I52 Sch. 4 para. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

35 (1) Section 91 (persons performing primary medical services) is amended as follows. E+W

(2) In the following provisions, for “a Primary Care Trust” substitute “the Board”—

(a) subsection (1), in each place it occurs,

(b) subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (6)(a) and (b).

(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for a medical service if it secures its provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

Commencement Information

I53 Sch. 4 para. 35 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

36 (1) Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services contracts, under which primary medical services are provided.”

(3) Omit subsection (6).

(4) Omit subsection (7).

(5) For the title to that section substitute “Arrangements by the Board for the provision of primary medical services”.

(6) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act.

Commencement Information

I54 Sch. 4 para. 36 partly in force; Sch. 4 para. 36 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I55 Sch. 4 para. 36 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)

37 (1) Section 93 (participants in section 92 arrangements) is amended as follows. E+W

(2) In subsection (1)—

(a) for “A Strategic Health Authority” substitute “The Board”, and

(b) omit paragraph (g).

(3) In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.

(4) In that subsection, in the definition of “qualifying body”, for “(e) or (g)” substitute “or (e)”.

Commencement Information

I56 Sch. 4 para. 37 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

38 (1) Section 94 (regulations about section 92 arrangements) is amended as follows. E+W

(2) In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

(3) In subsection (3), after paragraph (c) insert—

“(ca) make provision with respect to the performance outside England of services to be provided in accordance with section 92 arrangements,”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in particular, variations in consequence of the establishment of clinical commissioning groups.

Commencement Information

I57 Sch. 4 para. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

39 E+W Omit section 95 (transfer of liabilities relating to section 92 arrangements).

Commencement Information

I58 Sch. 4 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

40 (1) Section 96 (assistance and support) is amended as follows. E+W

(2) In subsection (1)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) before paragraph (a) insert—

“(za) primary medical services pursuant to section 83(2),”.

(3) In subsection (2)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I59 Sch. 4 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

41 (1) Section 97 (Local Medical Committees) is amended as follows. E+W

(2) In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.

(3) In subsection (3)—

(a) in paragraph (a), omit sub-paragraph (i), and

(b) in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

(6) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I60 Sch. 4 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 5 E+W Dental services

42 (1) Section 99 (duty relating to primary dental services) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary dental services throughout England.

(1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.”

(3) Omit subsection (2).

(4) In subsection (3)—

(a) for “Each Primary Care Trust” substitute “The Board”, and

(b) for “for which it makes provision” substitute “for which provision is made”.

(5) Omit subsection (4).

(6) For the cross-heading preceding that section substitute “Duty of the Board in relation to primary dental services”.

Commencement Information

I61 Sch. 4 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

43 (1) Section 100 (general dental services contracts: introductory) is amended as follows. E+W

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (4), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (3), in paragraph (a), after “dental services” insert “or services which are to be performed outside England”.

Commencement Information

I62 Sch. 4 para. 43 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

44 E+W In section 102 (persons eligible to enter into general dental services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.

Commencement Information

I63 Sch. 4 para. 44 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

45 E+W In section 103 (general dental services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I64 Sch. 4 para. 45 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

46 E+W In section 104 (general dental services contracts: required terms), in subsection (3) for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I65 Sch. 4 para. 46 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

47 (1) Section 106 (persons performing primary dental services) is amended as follows. E+W

(2) In the following provisions, for “a Primary Care Trust” substitute “the Board”—

(a) subsection (1), in each place it occurs,

(b) subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (6)(a) and (b).

(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for a dental service if it secures its provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

Commencement Information

I66 Sch. 4 para. 47 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

48 (1) Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) The Board may make agreements, other than general dental services contracts, under which primary dental services are provided.”

(3) Omit subsection (7).

(4) For the title to that section substitute “Arrangements by the Board for the provision of primary dental services”.

(5) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act.

Commencement Information

I67 Sch. 4 para. 48 partly in force; Sch. 4 para. 48 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I68 Sch. 4 para. 48 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)

49 (1) Section 108 (participants in section 107 arrangements) is amended as follows. E+W

(2) In subsection (1)—

(a) for “A Strategic Health Authority” substitute “The Board”, and

(b) omit paragraph (g).

(3) In subsection (3), in the definition of “NHS employee”, in paragraph (b), omit “Primary Care Trust or”.

Commencement Information

I69 Sch. 4 para. 49 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

50 (1) Section 109 (regulations about section 107 arrangements) is amended as follows. E+W

(2) In subsection (2), for “Strategic Health Authorities” substitute “the Board”.

(3) In subsection (3), after paragraph (c) insert—

“(ca) make provision with respect to the performance outside England of services to be provided in accordance with section 107 arrangements,”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I70 Sch. 4 para. 50 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

51 E+W Omit section 110 (transfer of liabilities relating to section 107 arrangements).

Commencement Information

I71 Sch. 4 para. 51 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

52 (1) Section 112 (assistance and support) is amended as follows. E+W

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsection (2)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I72 Sch. 4 para. 52 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

53 (1) Section 113 (Local Dental Committees) is amended as follows. E+W

(2) In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.

(3) In subsection (3)(b), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

(6) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I73 Sch. 4 para. 53 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 6 E+W Ophthalmic services

54 (1) Section 115 (duty relating to primary ophthalmic services) is amended as follows. E+W

(2) In subsection (1), for the words from the beginning to “area,” substitute “The Board must exercise its powers so as to secure the provision throughout England”.

(3) After that subsection insert—

“(1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England.”

(4) For subsection (4) substitute—

“(4) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person.

(4A) Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England.”

(5) In subsection (5), for “Each Primary Care Trust” substitute “The Board”.

(6) Omit subsection (6).

(7) In subsection (9), in paragraph (b), for “(d)” substitute “(e)”.

(8) For the cross-heading preceding that section substitute “Duty of the Board in relation to primary ophthalmic services”.

Commencement Information

I74 Sch. 4 para. 54 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

55 (1) Section 117 (general ophthalmic services contracts: introductory) is amended as follows. E+W

(2) In subsection (1), for “A Primary Care Trust” substitute “The Board”.

(3) In subsections (3) and (5), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (4), for paragraph (b) substitute—

“(b) services which are to be performed outside England.”

Commencement Information

I75 Sch. 4 para. 55 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

56 E+W In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for “A Primary Care Trust” substitute “The Board”.

Commencement Information

I76 Sch. 4 para. 56 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

57 E+W In section 119 (exclusion of contractors), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I77 Sch. 4 para. 57 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

58 E+W In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I78 Sch. 4 para. 58 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

59 E+W In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I79 Sch. 4 para. 59 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

60 (1) Section 123 (persons performing primary ophthalmic services) is amended as follows. E+W

(2) In the following provisions, for “a Primary Care Trust” substitute “the Board”—

(a) subsection (1), in each place it occurs,

(b) subsection (3)(j),

(c) subsection (4)(a), (b) and (d), and

(d) subsection (7)(a) and (b).

(3) In subsection (2), for paragraph (b) substitute—

“(b) the Board is responsible for an ophthalmic service if it secures its provision by or under any enactment.”

(4) In subsection (3), in paragraph (c), omit the words from “as to” to “, and”.

Commencement Information

I80 Sch. 4 para. 60 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

61 (1) Section 124 (primary ophthalmic services: assistance and support) is amended as follows. E+W

(2) In subsection (1)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) at the end insert “or primary ophthalmic services that fall within section 115(4)”.

(3) In subsection (2)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I81 Sch. 4 para. 61 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

62 (1) Section 125 (Local Optical Committees) is amended as follows. E+W

(2) In subsection (1), for the words from the beginning to “other Primary Care Trusts” substitute “The Board may recognise a committee formed for an area”.

(3) In subsection (3)—

(a) in paragraph (a), omit “, whether under section 115(4)(a), or”, and

(b) in paragraph (b), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (7), for “a Primary Care Trust” substitute “the Board”.

(5) In subsection (10)—

(a) for “A Primary Care Trust” substitute “The Board”, and

(b) in paragraphs (a) and (b), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I82 Sch. 4 para. 62 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 7 E+W Pharmaceutical services

63 (1) Section 126 (arrangements for pharmaceutical services) is amended as follows. E+W

(2) In subsection (1), for “Each Primary Care Trust” substitute “The Board”.

(3) In subsection (3), for the words from “as respects” to “that area” substitute “for the provision to persons who are in England”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

(5) Omit subsection (7).

Commencement Information

I83 Sch. 4 para. 63 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

64 (1) Section 127 (arrangements for additional pharmaceutical services) is amended as follows. E+W

(2) In subsections (1)(a) and (b) and (2), for “a Primary Care Trust”, substitute “the Board”.

(3) In subsection (1)(a), for “within or outside its area” substitute “in England”.

(4) In subsection (2), omit the words from “(whether” to the end.

Commencement Information

I84 Sch. 4 para. 64 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

65 (1) Section 128 (terms and conditions of arrangements under section 127) is amended as follows. E+W

(2) In subsection (1), for “the Primary Care Trust to which they apply” substitute “the Board”.

(3) In subsection (4), for “A Primary Care Trust” substitute “The Board”.

(4) In subsection (5), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I85 Sch. 4 para. 65 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

66 (1) Section 129 (regulations as to pharmaceutical services) is amended as follows. E+W

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsection (2)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust” substitute “the Board”, and

(ii) for “the area of the Primary Care Trust” substitute “England”,

(b) in paragraph (b), for “a Primary Care Trust” substitute “the Board”, and

(c) in paragraph (c), for “the Primary Care Trust” substitute “the Board”.

(4) After subsection (2ZA) (inserted by section 207(3)) insert—

“(2ZB) Regulations under subsection (2)(a) may, in particular, require a list of persons to be prepared by reference to the area in which the premises from which the services are provided are situated (and regulations imposing that requirement must prescribe the description of area by reference to which the list is to be prepared).”

(5) In subsection (2A), for “The Primary Care Trust” substitute “The Board”,

(6) In subsections (2C), (3A), (4), (5) and (8), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.

(7) In subsection (6)—

(a) in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for “a Primary Care Trust” substitute “the Board”,

(b) in paragraphs (b), (e) and (k), for “the Primary Care Trust”, in each place it appears, substitute “the Board”, and

(c) in paragraph (f), for “that Primary Care Trust” substitute “the Board”.

(8) In subsection (6)(c)—

(a) for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and

(b) omit “in the area of the Primary Care Trust”.

(9) In subsection (10A), for “Primary Care Trusts” substitute “The Board”.

Commencement Information

I86 Sch. 4 para. 66 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)

I87 Sch. 4 para. 66 partly in force; Sch. 4 para. 66 in force for specified purposes at Royal Assent, see s. 306(1)(d)

67 E+W In section 130 (regulations about appeals from decisions on applications for inclusion in pharmaceutical list), in subsection (2)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I88 Sch. 4 para. 67 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

68 (1) Section 131 (power to charge fee to applicants) is amended as follows. E+W

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsections (2)(b), (3)(b) and (5), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (3)(a), omit the words from “and such” to the end.

Commencement Information

I89 Sch. 4 para. 68 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

69 (1) Section 132 (persons authorised to provide pharmaceutical services) is amended as follows. E+W

(2) In subsections (1) and (4)(a), (b), (c), (d) and (e), for “a Primary Care Trust” substitute “the Board”.

(3) In subsection (3)—

(a) for “each Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (4), after paragraph (a) insert—

“(aa) requiring a list of medical practitioners referred to in subsection (3) to be prepared by reference to an area of a prescribed description,”.

(5) In subsection (5)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I90 Sch. 4 para. 69 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

70 (1) Section 133 (inadequate provision of pharmaceutical services) is amended as follows. E+W

(2) In subsection (1)(a)—

(a) for “the area, or part of the area, of a Primary Care Trust” substitute “any part of England”, and

(b) omit “area or”.

(3) In subsection (1)(b), for “any such area or part” substitute “any part of England”.

(4) In subsection (2)(a), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I91 Sch. 4 para. 70 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

71 (1) Section 134 (pilot schemes) is amended as follows. E+W

(2) In subsection (1), for “Primary Care Trusts” substitute “The Board”.

(3) In subsection (2)—

(a) in paragraph (a), for “a Primary Care Trust” substitute “the Board”,

(b) after that paragraph insert “and”,

(c) in paragraph (b), omit “(otherwise than by the Primary Care Trust)”, and

(d) omit paragraph (c) and the preceding “and”.

(4) In subsection (5), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I92 Sch. 4 para. 71 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

72 E+W In section 136 (designation of priority neighbourhoods or premises), in subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board.”

Commencement Information

I93 Sch. 4 para. 72 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

73 E+W In section 137 (reviews of pilot schemes), in subsection (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.

Commencement Information

I94 Sch. 4 para. 73 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

74 (1) Section 138 (variation and termination of pilot schemes) is amended as follows. E+W

(2) In subsection (1), for “Primary Care Trusts” substitute “the Board”.

(3) In subsections (2) and (3), for “the Primary Care Trust concerned” substitute “the Board”.

Commencement Information

I95 Sch. 4 para. 74 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

75 (1) Section 140 (funding of preparatory work) is amended as follows. E+W

(2) In subsection (1), for “Primary Care Trusts” substitute “the Board”.

(3) In subsection (3)(b) and (c), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I96 Sch. 4 para. 75 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

76 (1) In section 144 (local pharmaceutical services schemes)— E+W

(a) for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and

(b) omit “or Strategic Health Authorities”.

(2) In consequence of the repeal made by sub-paragraph (1)(b), omit section 29(4) of the Health Act 2009.

Commencement Information

I97 Sch. 4 para. 76 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

77 (1) Section 148 (conditional inclusion in pharmaceutical lists) is amended as follows. E+W

(2) In subsection (1), in paragraph (a), for “the Primary Care Trust in whose list he is included” substitute “the Board”.

(3) In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for “the Primary Care Trust”, in each place it appears, substitute “the Board”.

(4) In subsection (6), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I98 Sch. 4 para. 77 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

78 (1) Section 150A (notices and penalties) is amended as follows. E+W

(2) In subsection (1)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(3) In subsection (2), for “Primary Care Trusts” substitute “the Board”.

Commencement Information

I99 Sch. 4 para. 78 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

79 (1) Section 151 (disqualification of practitioners) is amended as follows. E+W

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsection (5), for “the Primary Care Trust” substitute “the Board”.

(4) In subsection (6), for “The Primary Care Trust” substitute “The Board”.

Commencement Information

I100 Sch. 4 para. 79 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

80 (1) Section 152 (contingent removal) is amended as follows. E+W

(2) In subsections (1) and (3), for “the Primary Care Trust” substitute “the Board”.

(3) In subsection (4), for “The Primary Care Trust” substitute “The Board”.

Commencement Information

I101 Sch. 4 para. 80 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

81 E+W In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8) (in each place it appears), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I102 Sch. 4 para. 81 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

82 (1) Section 155 (suspension pending removal) is amended as follows. E+W

(2) In subsections (1), (3) and (6), for “the Primary Care Trust” substitute “the Board”.

(3) In subsection (5), for “The Primary Care Trust” substitute “The Board”.

Commencement Information

I103 Sch. 4 para. 82 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

83 (1) Section 157 (review of decisions) is amended as follows. E+W

(2) In subsection (1), for “The Primary Care Trust” substitute “The Board”.

(3) In subsections (2)(a) and (3), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I104 Sch. 4 para. 83 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

84 (1) Section 158 (appeals) is amended as follows. E+W

(2) In subsection (1), for “a Primary Care Trust” substitute “the Board”.

(3) In subsections (2) and (6), for “The Primary Care Trust” substitute “The Board”.

(4) In subsections (3), (4) and (5)(a) and (b) for “the Primary Care Trust” substitute “the Board”.

(5) In subsection (7), for “Primary Care Trusts” substitute “the Board”.

Commencement Information

I105 Sch. 4 para. 84 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

85 (1) Section 159 (national disqualification) is amended as follows. E+W

(2) In subsection (1), for “each Primary Care Trust”, in each place it appears, substitute “the Board”.

(3) In subsection (3), for “a Primary Care Trust” substitute “the Board”.

(4) In subsection (4)—

(a) for “The Primary Care Trust” substitute “The Board”, and

(b) for “the Primary Care Trust” substitute “the Board”.

(5) In subsection (5), for “the Primary Care Trust's” substitute “the Board's”.

(6) In subsection (6)—

(a) in paragraph (a), for “no Primary Care Trust or” substitute “neither the Board nor a”, and

(b) in paragraph (b), for “each Primary Care Trust” substitute “the Board (if he is included in a list prepared by it)”.

Commencement Information

I106 Sch. 4 para. 85 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

86 E+W In section 160 (notification of decisions), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I107 Sch. 4 para. 86 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

87 E+W In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I108 Sch. 4 para. 87 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

88 (1) Section 162 (regulations about decisions under Chapter 6 of Part 7) is amended as follows. E+W

(2) In subsections (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”.

(3) In subsections (2)(c) and (3), for “the Primary Care Trust” substitute “the Board”.

Commencement Information

I109 Sch. 4 para. 88 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

89 (1) Section 164 (remuneration for persons providing pharmaceutical services) is amended as follows. E+W

(2) In subsection (3)(b), for “any Primary Care Trust” substitute “the Board”.

(3) In subsection (4A)(a)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “to persons who provide” substitute “for providing”.

Commencement Information

I110 Sch. 4 para. 89 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

90 (1) Section 166 (indemnity cover) is amended as follows. E+W

(2) In subsection (2)(b)—

(a) for “a Primary Care Trust” substitute “the Board”, and

(b) for “the Primary Care Trust”, in each place it appears, substitute “the Board”.

(3) In subsection (3), in paragraph (a) of the definition of “indemnity cover”, for “a Primary Care Trust” substitute “the Board”.

Commencement Information

I111 Sch. 4 para. 90 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

91 (1) Section 167 (local pharmaceutical committees) is amended as follows. E+W

(2) In subsection (1), for the words from the beginning to “other Primary Care Trusts,” substitute “The Board may recognise a committee formed for an area”.

(3) In subsections (2)(a) and (3)(a), omit “in the Primary Care Trust's area”.

(4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for “the Primary Care Trust” substitute “the Board”.

(5) In subsections (6) and (7), for “a Primary Care Trust” substitute “the Board”.

(6) In subsection (9), for “A Primary Care Trust” substitute “The Board”.

Commencement Information

I112 Sch. 4 para. 91 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

92 (1) Schedule 11 (pilot schemes) is amended as follows. E+W

(2) In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for “a Primary Care Trust” substitute “the Board”.

(3) In paragraph 2 (preliminary steps)—

(a) in sub-paragraph (1), for “the Primary Care Trust concerned” substitute “the Board”,

(b) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for “a Primary Care Trust” substitute “the Board”,

(c) in sub-paragraph (3)(b), for “the Primary Care Trust” substitute “the Board”, and

(d) in sub-paragraph (5)(d)—

(i) for “Primary Care Trusts” substitute “the Board”, and

(ii) for “them” substitute “it”.

(4) In paragraph 3 (approvals)—

(a) in sub-paragraphs (2) and (3)(b), for “the Primary Care Trust” substitute “the Board”, and

(b) in sub-paragraph (3)(a), for “the Primary Care Trust concerned” substitute “the Board”.

(5) In paragraph 4 (preliminary approval)—

(a) in sub-paragraphs (1) and (4), for “a Primary Care Trust” substitute “the Board”, and

(b) in sub-paragraph (2), for “The Primary Care Trust” substitute “The Board”.

(6) In paragraph 5 (effect of proposals on existing services)—

(a) in sub-paragraph (1)(a)—

(i) for “the Primary Care Trust”, in the first place it appears, substitute “the Board”, and

(ii) for “the area of the Primary Care Trust” substitute “the area concerned”,

(b) in sub-paragraph (1)(b), for the words from “supplied” to the end substitute “prepared under sub-paragraph (3)”,

(c) in sub-paragraph (3)—

(i) for “a Primary Care Trust” substitute “the Board”,

(ii) for “the area of another Primary Care Trust” substitute “another area”, and

(iii) for “consult that other Primary Care Trust about” substitute “prepare an assessment of the likely effect on those services of the implementation of”, and

(d) omit sub-paragraph (4).

(7) In paragraph 7 (making a scheme)—

(a) in sub-paragraphs (1), (2) and (4), for “the Primary Care Trust concerned” substitute “the Board”, and

(b) in sub-paragraph (1), for “the Primary Care Trust must” substitute “the Board must”.

(8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme.

Commencement Information

I113 Sch. 4 para. 92 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

93 (1) Schedule 12 (LPS schemes) is amended as follows. E+W

(2) In paragraph 1 (provision of local pharmaceutical services)—

(a) in sub-paragraph (1)—

(i) for “Primary Care Trusts” substitute “The Board or the Secretary of State”, and

(ii) omit “or Strategic Health Authorities”,

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “a Primary Care Trust” substitute “the Board or the Secretary of State (the “commissioner”)”,

(ii) in that paragraph, omit “or Strategic Health Authority (the “commissioning body”)”, and

(iii) in paragraph (b), for “the commissioning body” substitute “the commissioner”,

(c) omit sub-paragraph (2A),

(d) for sub-paragraph (2B) substitute—

“(2B) The Secretary of State may establish an LPS scheme only where the other party is the Board.

(2C) The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may be prescribed.”,

(e) in each of sub-paragraphs (5) and (6), for “a Primary Care Trust” substitute “the Board”, and

(f) in sub-paragraph (5), omit “in its area”.

(3) In paragraph 2 (designation of priority neighbourhoods or premises)—

(a) in each of sub-paragraphs (1) and (2)(b), for “a Primary Care Trust” substitute “the Board”, and

(b) in sub-paragraph (1), omit “or Strategic Health Authority”.

(4) In paragraph 3 (regulations)—

(a) in sub-paragraph (2), for “the commissioning body” substitute “the commissioner”, and

(b) in sub-paragraph (3)(k)—

(i) for “Primary Care Trusts” substitute “the Board or the Secretary of State”, and

(ii) omit “or Strategic Health Authorities”.

(5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009.

(6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme.

Commencement Information

I114 Sch. 4 para. 93 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 8 E+W Charging

94 E+W In section 176 (dental charging)—

(a) in subsection (3), for “a Primary Care Trust or Special Health Authority” substitute “the Board”, and

(b) in subsection (4)(a), omit sub-paragraph (i).

Commencement Information

I115 Sch. 4 para. 94 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

95 E+W In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a).

Commencement Information

I116 Sch. 4 para. 95 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

96 (1) Section 180 (payments in respect of costs of optical appliances) is amended as follows. E+W

(2) In subsection (1), for “him or a relevant body” substitute “the Board”.

(3) In subsection (3), in paragraph (a)—

(a) for “himself or such relevant body as may be prescribed” substitute “the Board”, and

(b) for “he or the prescribed body” substitute “the Board”.

(4) In paragraph (b) of that subsection—

(a) for “him or such relevant body as may be prescribed” substitute “the Board”, and

(b) for “him or by the prescribed body” substitute “the Board”.

(5) After subsection (6) insert—

“(6A) The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of the Board's functions under regulations under this section.”

(6) Omit subsection (10).

(7) In subsection (11), at the end insert “in accordance with the regulations”.

(8) Omit subsection (12).

(9) For the title to section 180 substitute “Payments in respect of costs of optical appliances and sight tests”.

Commencement Information

I117 Sch. 4 para. 96 partly in force; Sch. 4 para. 96 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I118 Sch. 4 para. 96 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)

97 (1) Section 181 (provision supplementary to section 180) is amended as follows. E+W

(2) In subsection (3), omit the words from “(whether” to the end.

(3) Omit subsection (9).

Commencement Information

I119 Sch. 4 para. 97 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

98 (1) Section 183 (payment of travelling expenses) is amended as follows. E+W

(2) In paragraph (a) —

(a) after “the Secretary of State” insert “, the Board, a clinical commissioning group,”, and

(b) omit “, a Primary Care Trust,”.

(3) In paragraph (b)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”, and

(d) omit the words from “and” to “Trust,”.

(4) In paragraph (c)—

(a) after “by” insert “the Board,”,

(b) omit “a Primary Care Trust”, and

(c) before the first “to” insert “or a clinical commissioning group”.

Commencement Information

I120 Sch. 4 para. 98 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

99 E+W In section 185 (charges for more expensive supplies), in subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,”, and

(b) omit “a Primary Care Trust,”.

Commencement Information

I121 Sch. 4 para. 99 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

100 E+W In section 186 (charges for repairs and replacements in certain cases), in subsection (2)—

(a) after “the Secretary of State,” insert “the Board, a clinical commissioning group, a local authority,” and

(b) omit “a Primary Care Trust,”.

Commencement Information

I122 Sch. 4 para. 100 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

101 E+W In section 187 (charges for designated services or facilities) for the words from “designated” to the end substitute “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those provisions or any other provision of this Act)”.

Commencement Information

I123 Sch. 4 para. 101 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

102 E+W In section 188 (sums otherwise payable to those providing services), in subsection (2) —

(a) after the first “by” insert “the Board or a clinical commissioning group”, and

(b) omit “a Primary Care Trust”.

Commencement Information

I124 Sch. 4 para. 102 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 9 E+W Fraud etc.

103 (1) Section 195 (compulsory disclosure of documents) is amended as follows. E+W

(2) In subsection (2) for “section 2(1)(b)” substitute “section 2”.

(3) In subsection (3) —

(a) for “section 2(1)(b)” substitute “section 2”,

(b) in paragraph (a) after “(“NHS services”)” insert “or in arranging for the provision of such services”,

(c) in paragraph (d) after “NHS services” insert “or with arranging for the provision of such services”, and

(d) in paragraph (f) after “NHS services” insert “or with arranging for the provision of such services”.

Commencement Information

I125 Sch. 4 para. 103 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

104 (1) Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows. E+W

(2) In subsection (2), for “section 28(6)” substitute “section 275(1)”.

(3) In subsection (3)—

(a) before paragraph (a) insert—

“(za) the Board,

(zb) a clinical commissioning group,”

(b) omit paragraph (a), and

(c) omit paragraph (c).

(4) After subsection (5) insert—

“(5A) A “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority.”

Commencement Information

I126 Sch. 4 para. 104(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I127 Sch. 4 para. 104(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)

I128 Sch. 4 para. 104(2)(3)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I129 Sch. 4 para. 104(2)(3)(b)(c)(4) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

105 (1) Section 197 (notice requiring production of documents) is amended as follows. E+W

(2) In subsection (1)(a) after “health service provider” insert “, public health service contractor”.

(3) In subsection (3)(d) after “health service provider” insert “, public health service contractor”.

Commencement Information

I130 Sch. 4 para. 105 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

106 E+W In section 201 (disclosure of information), in subsection (3)(a) for “any of the Secretary of State's functions” substitute “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”.

Commencement Information

I131 Sch. 4 para. 106 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

107 (1) Section 210 (interpretation of Part 10) is amended as follows. E+W

(2) In subsection (1) after “health service provider” insert “, “public health service contractor””.

(3) In subsection (2)(a)—

(a) after “in relation to” insert “the Secretary of State, local authorities,”, and

(b) after “health service providers” insert “, public health service contractors”.

Commencement Information

I132 Sch. 4 para. 107 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 10 E+W Property and finance

108 (1) Section 211 (acquisition, use and maintenance of property) is amended as follows. E+W

(2) In subsection (4) for “A local social services authority” substitute “A local authority”.

(3) After that subsection insert—

“(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”

Commencement Information

I133 Sch. 4 para. 108 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

109 E+W In section 213 (transfers of trust property), in subsection (2)(c)—

F1 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit “a Primary Care Trust,.”

Textual Amendments

F1 Sch. 4 para. 109(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)

Commencement Information

I134 Sch. 4 para. 109(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

110 (1) Section 214 (transfer of functions and property to or from special trustees) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “by” insert “the Board, a clinical commissioning group,”, and

(b) omit “a Primary Care trust,”.

(3) In subsection (3)(a)—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit “a Primary Care Trust,”.

Textual Amendments

F2 Sch. 4 para. 110(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)

Commencement Information

I135 Sch. 4 para. 110(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I136 Sch. 4 para. 110(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)

I137 Sch. 4 para. 110(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I138 Sch. 4 para. 110(2)(b)(3)(b) 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)

111 (1) Section 215 (trustees and property under section 222) is amended as follows. E+W

(2) Omit subsection (2)(b) and the preceding “and”.

(3) In subsection (3)—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit paragraph (a).

(4) In subsection (4)—

(a) after the second “and” insert “the Board, clinical commissioning group,”,

(b) omit “the Primary Care Trust,” (in each place it occurs), and

(c) after the second “by” insert “the Board, clinical commissioning group,”.

Textual Amendments

F3 Sch. 4 para. 111(3)(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)

Commencement Information

I139 Sch. 4 para. 111(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I140 Sch. 4 para. 111(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)

I141 Sch. 4 para. 111(2)(3)(b)(4)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I142 Sch. 4 para. 111(4)(a)(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

112 E+W In section 216 (application of trust property: further provisions), in subsection (3), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.

Commencement Information

I143 Sch. 4 para. 112 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)

I144 Sch. 4 para. 112 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

113 E+W In section 217 (trusts: supplementary provisions), in subsection (1)—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) omit paragraph (f), and

(c) omit paragraph (g).

Textual Amendments

F4 Sch. 4 para. 113(a) omitted (17.6.2021) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(1), Sch. 1 para. 16(a); S.I. 2021/712, reg. 3(c)

Commencement Information

I145 Sch. 4 para. 113(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

114 E+W In section 218 (private trusts for hospitals), in subsection (4)—

(a) in paragraph (b) omit “or Primary Care Trust”,

(b) in paragraph (c) omit “or Primary Care Trust” (in both places where it occurs), and

(c) for paragraph (d) substitute —

“(d) in any other case—

(i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,

(ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.”

Commencement Information

I146 Sch. 4 para. 114 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

115 E+W In section 220 (trust property previously held for general hospital purposes), in subsection (2), after “or 214” insert “of this Act or section 300 or 302 of the Health and Social Care Act 2012”.

Commencement Information

I147 Sch. 4 para. 115 in force at 1.7.2012 by S.I. 2012/1319, art. 2(3)

I148 Sch. 4 para. 115 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

116 (1) Section 222 (power to raise money) is amended as follows. E+W

(2) In subsection (3) for “the Secretary of State” substitute “the appropriate authority”.

(3) After subsection (3) insert—

“(3A) In subsection (3) “appropriate authority” means—

(a) in relation to a clinical commissioning group, the Board, and

(b) in relation to any other body to which this section applies, the Secretary of State.”

(4) In subsection (9), for “section 224 or 226” substitute “section 225”.

Commencement Information

I149 Sch. 4 para. 116 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

117 (1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after “Secretary of State” insert “or the Board”. E+W

(2) After that section insert—

“223A Application of section 223 to clinical commissioning groups

(1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board.

(2) But the powers conferred by that section are exercisable by a clinical commissioning group only for the purpose of securing improvement—

(a) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or

(b) in the prevention, diagnosis and treatment of illness in such people.”

Commencement Information

I150 Sch. 4 para. 117(1) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I151 Sch. 4 para. 117(2) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

118 E+W Omit section 224 (means of meeting expenditure of Strategic Health Authorities).

Commencement Information

I152 Sch. 4 para. 118 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

119 (1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows. E+W

(2) Omit subsection (1).

(3) In subsection (3) —

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

(b) for “subsection (1) or (2)” substitute “subsection (2)”.

(4) In subsection (4) omit “Strategic Health Authority or” (in each place where it occurs).

(5) In subsection (5) omit “Strategic Health Authority or”.

(6) In subsection (6) omit “Strategic Health Authority or”.

(7) In subsection (7)—

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

(b) omit paragraph (b)(i) and the word “or” immediately following it, and

(c) omit paragraph (c)(i) and the word “or” immediately following it, and

(d) in the words following paragraph (c) omit “Strategic Health Authority or”.

(8) In the heading to the section, omit “Strategic Health Authorities and”.

Commencement Information

I153 Sch. 4 para. 119 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

120 (1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows. E+W

(2) In subsection (1), omit “Strategic Health Authority and each”.

(3) In subsection (2)(b) omit “Strategic Health Authority or”.

(4) In subsection (3) omit “Strategic Health Authority or”.

(5) In subsection (4) for “subsections (1) and (2)” substitute “subsection (2)”.

(6) In the heading to the section, omit “Strategic Health Authorities and”.

Commencement Information

I154 Sch. 4 para. 120 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

121 E+W Omit sections 228 to 231 (funding of Primary Care Trusts etc).

Commencement Information

I155 Sch. 4 para. 121 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

122 E+W In section 234 (special arrangement as to payment of remuneration), omit subsection (4).

Commencement Information

I156 Sch. 4 para. 122 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

123 (1) Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows. E+W

(2) In subsection (1), for “the Secretary of State” substitute “the prescribed clinical commissioning group”.

(3) In subsection (2)(b)—

(a) after “report made” insert “—

(i)”,

(b) omit “a Primary Care Trust,”,

(c) before “NHS trust” insert “an”, and

(d) at the end insert “, or

(ii) pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group, or

(iii) pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority.”

Commencement Information

I157 Sch. 4 para. 123 partly in force; Sch. 4 para. 123 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I158 Sch. 4 para. 123 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)

124 E+W Omit Schedule 14 (further provision about expenditure of Primary Care Trusts).

Commencement Information

I159 Sch. 4 para. 124 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

125 (1) Schedule 15 (accounts and audits) is amended as follows. E+W

(2) In paragraph 1(1)—

(a) omit paragraph (a),

(b) omit paragraph (c), and

(c) omit paragraph (g).

(3) In paragraph 5, omit sub-paragraph (2).

(4) Omit paragraph 7.

(5) In paragraph 8(3) omit “or 7”.

(6) Omit paragraph 9.

Commencement Information

I160 Sch. 4 para. 125(1)-(3) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 4, 5, 7-9)

I161 Sch. 4 para. 125(4)-(6) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 11(1))

PART 11 E+W Public involvement and scrutiny

126 (1) Section 242 (public involvement and consultation) is amended as follows. E+W

(2) In subsection (1A)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

(3) Omit subsections (4) and (5).

Commencement Information

I162 Sch. 4 para. 126 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

127 E+W Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of users).

Commencement Information

I163 Sch. 4 para. 127 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

PART 12 E+W Miscellaneous

128 E+W After section 254 insert—

“Support functions of the Secretary of State E+W

Support functions of the Secretary of State E+W

254A (1) The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the health service or providing services for its purposes—

(a) provide (or otherwise make available) to the person goods, materials or other facilities;

(b) facilitate the recruitment and management of the person's staff;

(c) develop or operate information or communication systems;

(d) do such other things to facilitate or support the carrying out of the person's functions or other activities as the Secretary of State considers appropriate;

(e) arrange for any other person to do anything mentioned in paragraphs (a) to (d) or to assist the Secretary of State in doing any such thing.

(2) The power conferred by subsection (1)(a) includes power to purchase goods and materials for the purpose of providing them or making them available.

(3) The Secretary of State may, in connection with anything done under subsection (1), make available the services of any person employed by the Secretary of State.

(4) The powers conferred by this section may be exercised on such terms, including terms as to the making of payments to or by the Secretary of State, as may be agreed.

(5) In this section, “the health service” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities.”

Commencement Information

I164 Sch. 4 para. 128 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

129 (1) Section 256 (power of Primary Care Trusts to make payments towards expenditure on community services) is amended as follows. E+W

(2) In subsection (1) for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”.

(3) In subsection (3)—

(a) for “A Primary Care Trust” substitute “The Board or a clinical commissioning group”, and

(b) for “the Primary Care Trust” substitute “the Board or (as the case may be) the clinical commissioning group”.

(4) After subsection (5) insert—

“(5A) The Secretary of State may by directions to the Board specify the minimum amount which the Board must spend in a financial year in making payments under—

(a) this section;

(b) subsection (1) of this section;

(c) subsection (3) of this section.

(5B) The Secretary of State may by directions to the Board specify—

(a) a body or description of bodies to whom payments under subsection (1) or (3), or under either or both of those subsections, must be made by the Board in a financial year;

(b) functions or activities, or descriptions of functions or activities, in respect of which such payments must be made by the Board in a financial year;

(c) the minimum amount which the Board must spend in a financial year in making such payments—

(i) to a body or description of bodies specified in relation to the year under paragraph (a);

(ii) in respect of functions or activities, or descriptions of functions or activities, specified in relation to the year under paragraph (b);

(iii) to a body or description of bodies specified in relation to the year under paragraph (a) in respect of functions or activities or descriptions of functions or activities so specified under paragraph (b).”

Commencement Information

I165 Sch. 4 para. 129 partly in force; Sch. 4 para. 129 in force for specified purposes at Royal Assent, see s. 306(1)(d)

I166 Sch. 4 para. 129 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)

130 E+W In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for “the Primary Care Trust” substitute “the Board or the clinical commissioning group”.

Commencement Information

I167 Sch. 4 para. 130 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

131 (1) Section 258 (university clinical teaching and research) is amended as follows. E+W

(2) In subsection (1)—

(a) for “The Secretary of State must exercise his functions under this Act” substitute “The functions under this Act of the Secretary of State, the Board and each clinical commissioning group must be exercised”, and

(b) for “he” substitute “the Secretary of State, the Board or the clinical commissioning group (as the case may be)”.

(3) In subsection (2), in paragraph (a)—

(a) after “exercisable by” insert “the Board,”,

(b) after “a” insert “clinical commissioning group,”,

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

(d) omit “Primary Care Trust,”.

Commencement Information

I168 Sch. 4 para. 131 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

132 (1) Section 259 (sale of medical practices) is amended as follows. E+W

(2) In subsection (4), in paragraph (e), for “section 83(2)(b)” substitute “section 83(2)”.

(3) After that subsection insert—

“(4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph 30 of Schedule 4 to the Health and Social Care Act 2012 (sub-paragraph (2) of which replaces section 83(2)).”

(4) In subsection (5), in the definition of “relevant area”—

(a) after “ “relevant area”” insert “—

(a)”, and

(b) at the end insert “;

(b) in relation to the Board, in a case where a person has at any time provided or performed services by arrangement or contract with the Board, means the prescribed area (at the prescribed time).”

Commencement Information

I169 Sch. 4 para. 132 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

133 E+W Omit section 268 (persons displaced by health service development), and the cross-heading which precedes it.

Commencement Information

I170 Sch. 4 para. 133 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

134 E+W In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after “directions to” insert “certain”.

Commencement Information

I171 Sch. 4 para. 134 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

135 E+W After section 271 insert—

“271A Services to be treated as services of the Crown for certain purposes

(1) Services to which this section applies are to be treated as services of the Crown for the purposes of—

(a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.), and

(b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).

(2) This section applies to services provided in pursuance of—

(a) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or

(b) the public health functions of a local authority.”

Commencement Information

I172 Sch. 4 para. 135 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

136 (1) Section 272 (orders, regulations, rules and directions) is amended as follows. E+W

(2) In subsection (3)—

(a) omit paragraph (b), and

(b) omit paragraph (d).

(3) In subsection (5)—

(a) omit “a PCT order, or”, and

(b) before paragraph (a) insert—

“(za) section 14A(1),”.

Commencement Information

I173 Sch. 4 para. 136 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

137 (1) Section 273 (further provision about orders and directions) is amended as follows. E+W

(2) In subsection (3) for “by a Strategic Health Authority” substitute “by the Board”.

(3) In subsection (4)(c)(ii)—

(a) after “8,” insert “13Z1,”, and

(b) omit “15,”.

Commencement Information

I174 Sch. 4 para. 137 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 12)

138 (1) Section 275 (interpretation) is amended as follows. E+W

(2) In subsection (1)—

(a) before the definition of “dental practitioner” insert—

““the Board” means the National Health Service Commissioning Board,

“clinical commissioning group” means a body established under section 14D of this Act,”,

(b) in the definition of “health service hospital” omit “a Primary Care Trust,”, and

(c) after the definition of “modifications” insert—

““NHS body” means—

(a) the Board,

(b) a clinical commissioning group,

(c) a Special Health Authority,

(d) an NHS trust,

(e) an NHS foundation trust, and

(f) a Local Health Board.”

(3) In subsection (3)—

(a) omit “or 15”,

(b) omit “Strategic Health Authority,” (in both places where it occurs), and

(c) omit “Primary Care Trust or” (in both places where it occurs).

(4) Until the commencement of section 33, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority.

(5) Until the commencement of section 34, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust.

Commencement Information

I175 Sch. 4 para. 138(1) (2)(b) (3) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I176 Sch. 4 para. 138(2)(a)(c)(4)(5) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 13)

139 (1) Section 276 (index of defined expressions) is amended as follows. E+W

(2) Omit the entry relating to “NHS body”.

(3) After the entry for “LPS scheme” insert—

“NHS constitution

section 1B(2)”

(4) Omit the entry relating to “PCT order”.

(5) After the entry relating to “provider, in relation to an NHS contract” insert—

“public health functions of the Secretary of State	section 1H(5)(a)
public health functions of local authorities	section 1H(5)(b)”.

Commencement Information

I177 Sch. 4 para. 139(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I178 Sch. 4 para. 139(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)

I179 Sch. 4 para. 139(2) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I180 Sch. 4 para. 139(3)-(5) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Section 55(2)

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

Voluntary Hospitals (Paying Patients) Act 1936 (c. 17) E+W

1 E+W In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)—

(a) in the definition of “voluntary hospital”, for “, NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”, and

(b) omit the definition of “Primary Care Trust”.

Commencement Information

I181 Sch. 5 para. 1 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

National Assistance Act 1948 (c. 29) E+W

2 E+W The National Assistance Act 1948 is amended as follows.

Commencement Information

I182 Sch. 5 para. 2 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

3 (1) Section 24 (local authority's liability for provision of accommodation) is amended as follows. E+W

(2) In subsections (6A) and (6B)—

(a) after “by a” insert “clinical commissioning group or”, and

(b) omit “Primary Care Trust or”.

(3) After subsection (6B), insert—

“(6C) The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board.”

Commencement Information

I183 Sch. 5 para. 3 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

4 E+W In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)—

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

(b) omit “Primary Care Trust or”.

Commencement Information

I184 Sch. 5 para. 4 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Prospective

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) E+W

5 E+W In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—

(a) in the first column (headed “capacity”), after “Officer of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) in that column, omit “a Strategic Health Authority,”,

(c) in the second column (headed “paying authority”), after “The” insert “National Health Service Commissioning Board, clinical commissioning group,”, and

(d) in that column, omit “Strategic Health Authority,”.

Commencement Information

I185 Sch. 5 para. 5(a)(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I186 Sch. 5 para. 5(b)(d) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Public Records Act 1958 (c. 51) E+W

6 E+W In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health—

(a) after “Authorities including” insert “the National Health Service Commissioning Board, clinical commissioning groups,”,

(b) after “records of trust property passing to” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(c) after “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert “or section 300 of the Health and Social Care Act 2012”,

(d) after “or held by” insert “the National Health Service Commissioning Board, a clinical commissioning group or”, and

(e) after “that Act, or” (in the second place where it occurs) insert “by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under”.

Commencement Information

I187 Sch. 5 para. 6 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 14)

Public Bodies (Admission to Meetings) Act 1960 (c. 67) E+W

7 E+W In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1—

(a) omit paragraph (ea),

(b) before paragraph (g) insert—

“(fa) the National Health Service Commissioning Board, except as regards the exercise of functions under the National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or replacing those Regulations;”, and

(c) omit paragraph (gg).

Commencement Information

I188 Sch. 5 para. 7(a)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I189 Sch. 5 para. 7(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

Parliamentary Commissioner Act 1967 (c. 13) E+W

8 E+W In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8—

(a) in sub-paragraph (1)—

(i) after “Secretary of State by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group”,

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

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

(b) in sub-paragraph (2)—

(i) after “action taken by” insert “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or”,

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

(iii) omit “or Primary Care Trust”.

Commencement Information

I190 Sch. 5 para. 8(a)(i)(b)(i) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I191 Sch. 5 para. 8(a)(i)(b)(i) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 2)

I192 Sch. 5 para. 8(a)(ii)(iii)(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 2)

Abortion Act 1967 (c. 87) E+W

9 E+W In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit “a Primary Care Trust or”.

Commencement Information

I193 Sch. 5 para. 9 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Leasehold Reform Act 1967 (c. 88) E+W

10 E+W In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)—

(a) in subsection (5), in paragraph (d)—

(i) after “to” insert “the National Health Service Commissioning Board, any clinical commissioning group,”,

(ii) omit “any Strategic Health Authority,”, and

(iii) omit “, any Primary Care Trust”, and

(b) in subsection (6), in paragraph (c)—

(i) after “in the case of” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

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

(iii) omit “, Primary Care Trust”.

Commencement Information

I194 Sch. 5 para. 10(a)(i)(b)(i) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I195 Sch. 5 para. 10(a)(ii)(iii)(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health Services and Public Health Act 1968 (c. 46) E+W

11 E+W The Health Services and Public Health Act 1968 is amended as follows.

Commencement Information

I196 Sch. 5 para. 11 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I197 Sch. 5 para. 11 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)

12 (1) Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows. E+W

(2) In subsection (1)—

(a) after “servants of” insert “the National Health Service Commissioning Board or a clinical commissioning group,”,

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

(c) omit “, Primary Care Trust”.

(3) In subsection (2)—

(a) in paragraph (a) before “or the council” insert “, the National Health Service Commissioning Board, a clinical commissioning group”, and

(b) in paragraph (b) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.

(4) In subsection (5A)—

(a) omit “Strategic Health Authority” (in each place where it occurs), and

(b) omit “, Primary Care Trust” (in each place where it occurs).

(5) In subsection (5B)—

(a) omit paragraph (za), and

(b) omit paragraph (bb).

Commencement Information

I198 Sch. 5 para. 12(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I199 Sch. 5 para. 12(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)

I200 Sch. 5 para. 12(2)(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I201 Sch. 5 para. 12(2)(b)(c)(3)-(5) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

13 E+W In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)—

(a) after “City of London” insert “or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements”,

(b) for “a Primary Care Trust or local Health Board are” substitute “a local Health Board is”,

(c) omit “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and

(d) omit “Primary Care Trust or”.

Commencement Information

I202 Sch. 5 para. 13 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) E+W

14 E+W In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)—

(a) after “National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and

(b) omit “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”.

Commencement Information

I203 Sch. 5 para. 14(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Authority Social Services Act 1970 (c. 42) E+W

15 E+W In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”—

(a) after “accommodated” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and

(b) omit “Primary Care Trusts,”.

Commencement Information

I204 Sch. 5 para. 15 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Chronically Sick and Disabled Persons Act 1970 (c. 44) E+W

16 (1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows. E+W

(2) In subsection (1) for “The Secretary of State” substitute “The Welsh Ministers”.

(3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)—

(a) for “The Secretary of State” substitute “The Welsh Ministers”,

(b) for “each House of Parliament” substitute “the National Assembly for Wales”,

(c) for “as he considers” substitute “as they consider”, and

(d) for “in him” substitute “in them”.

Commencement Information

I205 Sch. 5 para. 16 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Government Act 1972 (c. 70) E+W

17 E+W In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)—

(a) in subsection (1A)—

(i) after “with” insert “the Secretary of State, the National Health Service Commissioning Board,”,

(ii) after “Local Health Board,” (in each place where it occurs) insert “clinical commissioning group,”,

(iii) omit “Primary Care Trust,” (in each place where it occurs),

(iv) in paragraph (a), after “disposal of” insert “the Secretary of State, the National Health Service Commissioning Board,”, and

(v) in paragraph (b), after “employed by” insert “the Secretary of State, the National Health Service Commissioning Board,”, and

(b) in subsection (4)—

(i) after “above”, insert “ “Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”,

(ii) before “ “NHS trust”” insert “ “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and

(iii) omit the words from “and “Primary Care Trust”” to the end.

Commencement Information

I206 Sch. 5 para. 17 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Government Act 1974 (c. 7) E+W

18 E+W In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—

“(d) an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006;

(e) an alleged or apparent failure to provide a service in pursuance of such arrangements.”

Commencement Information

I207 Sch. 5 para. 18 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health and Safety at Work etc. Act 1974 (c. 37) E+W

19 (1) Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows. E+W

(2) In subsection (1) for “each Primary Care Trust and Local Health Board” substitute “the National Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local Health Board (in relation to Wales)”.

(3) In subsection (2)—

(a) omit “for one of their”, and

(b) for “ “each” to “its”” substitute “ “the National” to “arranges””.

Commencement Information

I208 Sch. 5 para. 19 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

House of Commons Disqualification Act 1975 (c. 24) E+W

20 E+W In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)—

(a) omit the entry relating to the chairman or any member of a Primary Care Trust,

(b) in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit “Strategic Health Authority, or”, and

(c) at the appropriate place insert— “ Chairman or non-executive member of the National Health Service Commissioning Board. ”

Commencement Information

I209 Sch. 5 para. 20(a)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I210 Sch. 5 para. 20(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

Acquisition of Land Act 1981 (c. 67) E+W

21 E+W The Acquisition of Land Act 1981 is amended as follows.

Commencement Information

I211 Sch. 5 para. 21 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I212 Sch. 5 para. 21 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)

22 E+W In section 16 (land excluded from compulsory purchase), in subsection (3)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board;

(ab) a clinical commissioning group established under section 14D of the National Health Service Act 2006;”, and”

(b) omit paragraph (c).

Commencement Information

I213 Sch. 5 para. 22(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I214 Sch. 5 para. 22(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

23 E+W In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of “statutory undertakers”—

(a) omit paragraph (ad), and

(b) before paragraph (b) insert—

“(ae) the National Health Service Commissioning Board,

(af) a clinical commissioning group established under section 14D of the National Health Service Act 2006,”.

Commencement Information

I215 Sch. 5 para. 23(a) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I216 Sch. 5 para. 23(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

Mental Health Act 1983 (c. 20) E+W

24 E+W The Mental Health Act 1983 is amended as follows.

Commencement Information

I217 Sch. 5 para. 24 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

25 E+W In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

Commencement Information

I218 Sch. 5 para. 25 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

26 E+W In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,

(b) omit “or Primary Care Trust” in each place it appears, and

(c) omit “, trust” in each place it appears.

Commencement Information

I219 Sch. 5 para. 26 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

27 E+W In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.

Commencement Information

I220 Sch. 5 para. 27 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

28 (1) Section 39 (power of court to request information from hospitals) is amended as follows. E+W

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning group or”,

(c) in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning group or”,

(e) after “such information as that” insert “clinical commissioning group or”,

(f) after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and

(g) after “order, and that” insert “clinical commissioning group or”.

(3) After subsection (1) insert—

“(1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.”

(4) In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.

Commencement Information

I221 Sch. 5 para. 28 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

29 E+W In section 134 (patients' correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health Authority”, and

(d) omit “or Primary Care Trust”.

Commencement Information

I222 Sch. 5 para. 29 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

30 E+W In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—

(a) after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health Authority”, and

(d) omit “or Primary Care Trust”.

Commencement Information

I223 Sch. 5 para. 30 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 3)

31 (1) In section 145 (interpretation), in subsection (1)— E+W

(a) in the definition of “the managers”, in paragraph (a)—

(i) after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,

(ii) omit “Primary Care Trust,”, and

(iii) omit “Strategic Health Authority,”,

(b) in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

(c) omit the definition of “Primary Care Trust”, and

(d) omit the definition of “Strategic Health Authority”.

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and

(b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.

Commencement Information

I224 Sch. 5 para. 31 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Public Health (Control of Disease) Act 1984 (c. 22) E+W

32 E+W In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)—

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

(b) omit “, Primary Care Trusts”.

Commencement Information

I225 Sch. 5 para. 32 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Dentists Act 1984 (c. 24) E+W

33 E+W The Dentists Act 1984 is amended as follows.

Commencement Information

I226 Sch. 5 para. 33 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

34 E+W In section 26B (guidance for dentists), in subsection (8) omit paragraph (a).

Commencement Information

I227 Sch. 5 para. 34 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

35 E+W In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a).

Commencement Information

I228 Sch. 5 para. 35 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

36 E+W In section 40 (definition of “business of dentistry”), in subsection (2)(aa)—

(a) omit “under section 92 of the National Health Service Act 2006 or”,

(b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,

(c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and

(d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.

Commencement Information

I229 Sch. 5 para. 36 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

37 E+W In section 50D (rules: consultation), in subsection (4) omit paragraph (a).

Commencement Information

I230 Sch. 5 para. 37 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

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

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

Commencement Information

I231 Sch. 5 para. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

39 E+W 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”.

Commencement Information

I232 Sch. 5 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

40 E+W 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).

Commencement Information

I233 Sch. 5 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

41 E+W 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).

Commencement Information

I234 Sch. 5 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

42 E+W In section 16 (interpretation), in subsection (1)—

(a) omit the definition of “Primary Care Trust”, and

(b) omit the definition of “Strategic Health Authority”.

Commencement Information

I235 Sch. 5 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Dartford-Thurrock Crossing Act 1988 (c. 20) E+W

43 E+W In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)—

(a) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”,

(b) for “that Act” substitute “the National Health Service Act 2006”, and

(c) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

Commencement Information

I236 Sch. 5 para. 43 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Copyright, Designs and Patents Act 1988 (c. 48) E+W

44 E+W In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6)—

(a) after “the National Health Service and Community Care Act 1990,” insert “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and

(b) omit “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

Commencement Information

I237 Sch. 5 para. 44(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I238 Sch. 5 para. 44(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health and Medicines Act 1988 (c. 49) E+W

45 E+W In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in subsection (3)(i) omit the words from the second “the” to “trust, or”.

Commencement Information

I239 Sch. 5 para. 45 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Road Traffic Act 1988 (c. 52) E+W

46 E+W In section 144 of the Road Traffic Act 1988 (exception to requirement for third party insurance), in subsection (2)(da) omit “by a Primary Care Trust established under section 18 of the National Health Service Act 2006”.

Commencement Information

I240 Sch. 5 para. 46 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Children Act 1989 (c. 41) E+W

47 E+W The Children Act 1989 is amended as follows.

Commencement Information

I241 Sch. 5 para. 47 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

48 E+W In section 21 (provision of accommodation for children in police protection etc), in subsection (3)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in each place where it occurs), and

(c) after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.

Commencement Information

I242 Sch. 5 para. 48 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

49 E+W In section 24 (persons qualifying for advice and assistance), in subsection (2)—

(a) in paragraph (d), in sub-paragraph (i) omit “or Primary Care Trust”, and

(b) in that paragraph, in sub-paragraph (ii) after “provided” insert “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”.

Commencement Information

I243 Sch. 5 para. 49 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 4)

F5 50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 5 para. 50 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 286

51 E+W In section 27 (co-operation between authorities), in subsection (3)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”, and”

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

Commencement Information

I244 Sch. 5 para. 51 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

52 E+W In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)—

(a) for “Secretary of State,” substitute “Secretary of State or”,

(b) omit “or a Primary Care Trust” (in both places where it occurs),

(c) after “arrangements made by” insert “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and

(d) omit “a Strategic Health Authority,”.

Commencement Information

I245 Sch. 5 para. 52 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

53 E+W In section 47 (local authority's duty to investigate), in subsection (11)—

(a) after paragraph (c) insert—

“(ca) the National Health Service Commissioning Board;”, and”

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”.

Commencement Information

I246 Sch. 5 para. 53 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

54 E+W In section 80 (inspection of children's homes)—

(a) in subsection (1), in paragraph (d) —

(i) omit “, Primary Care Trust”, and

(ii) after “NHS foundation trust” insert “or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006”,

(b) in subsection (5), in paragraph (e) omit “Primary Care Trust,”, and

(c) after that paragraph insert—

“(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006;”.

Commencement Information

I247 Sch. 5 para. 54 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

55 E+W In section 85 (children accommodated by health authorities)—

(a) in subsection (1) omit “Primary Care Trust,”, and

(b) after subsection (2) insert—

“(2ZA) Where a child is provided with accommodation—

(a) by a body which is not mentioned in subsection (1), and

(b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.”

Commencement Information

I248 Sch. 5 para. 55 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 4)

56 (1) Section 105 (interpretation) is amended as follows. E+W

(2) In subsection (1)—

(a) before the definition of “community home” insert—

““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”,

(b) omit the definition of “Primary Care Trust”, and

(c) omit the definition of “Strategic Health Authority”.

(3) After subsection (7) insert—

“(7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).

(7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act.”

Commencement Information

I249 Sch. 5 para. 56 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Government and Housing Act 1989 (c. 42) E+W

57 E+W In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert—

“(zb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006;”.

Commencement Information

I250 Sch. 5 para. 57 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

National Health Service and Community Care Act 1990 (c. 19) E+W

58 E+W The National Health Service and Community Care Act 1990 is amended as follows.

Commencement Information

I251 Sch. 5 para. 58 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

59 E+W In section 47 (assessment of needs for community care services), in subsection (3)—

(a) before paragraph (a) insert—

“(za) that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act),”,

(b) in paragraph (a), omit “Primary Care Trust or”,

(c) in that paragraph omit “the National Health Service Act 2006 or”,

(d) in the text following paragraph (b), omit “Primary Care Trust,” (in both places where it occurs), and

(e) in that text, before “Health Authority” (in both places it occurs) insert “clinical commissioning group,”.

Commencement Information

I252 Sch. 5 para. 59 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

60 E+W In section 49 (transfer of staff to local authorities), in subsection (4)(b)—

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

(b) omit “Primary Care Trust,”.

Commencement Information

I253 Sch. 5 para. 60 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

61 E+W In section 60 (removal of crown immunities), in subsection (7)—

(a) in paragraph (a) omit the words from “a Strategic” to “2006 or”, and

(b) in paragraph (aa) for “that Act” substitute “the National Health Service Act 2006”.

Commencement Information

I254 Sch. 5 para. 61 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Access to Health Records Act 1990 (c. 23) E+W

62 E+W The Access to Health Records Act 1990 is amended as follows.

Commencement Information

I255 Sch. 5 para. 62 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

63 E+W In section 1, in subsection (2) (meaning of “holder” in relation to a health record)—

(a) in paragraph (a)—

(i) for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”, and

(ii) omit “Trust or”, and

(b) in paragraph (aa)—

(i) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”, and

(ii) omit “Trust, Authority or”.

Commencement Information

I256 Sch. 5 para. 63 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. paras. 1, 5)

64 E+W In section 11 (interpretation)—

(a) in the definition of “health service body”, in paragraph (a)—

(i) omit “Strategic Health Authority,”,

(ii) for “, Local” substitute “or Local”, and

(iii) omit “or Primary Care Trust”,

(b) omit the definition of “Primary Care Trust”, and

(c) omit the definition of “Strategic Health Authority”.

Commencement Information

I257 Sch. 5 para. 64 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

London Local Authorities Act 1991 (c. xiii) E+W

65 E+W In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of “establishment for special treatment”, in paragraph (d) for “by a Primary Care Trust established under section 18 of the National Health Service Act 2006” substitute “by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”.

Commencement Information

I258 Sch. 5 para. 65 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) E+W

66 E+W In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)—

(a) in subsection (1), in paragraph (a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”,

(b) in that paragraph, after “or” (in the first place it occurs) insert “a”,

(c) in the words after paragraph (b) in that subsection, omit “authority or”,

(d) in subsection (2), in paragraph (a) for “a Primary Care Trust, Strategic Health Authority or” substitute “the National Health Service Commissioning Board or a”,

(e) in paragraph (b) of that subsection, for “a Primary Care Trust or” substitute “the National Health Service Commissioning Board or a”,

(f) in that paragraph, for “entered into by him with a Primary Care Trust” substitute “entered into by him with the National Health Service Commissioning Board”, and

(g) in the words after that paragraph, omit “Trust, Authority or.”

Commencement Information

I259 Sch. 5 para. 66 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health Service Commissioners Act 1993 (c. 46) E+W

67 E+W The Health Service Commissioners Act 1993 is amended as follows.

Commencement Information

I260 Sch. 5 para. 67 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I261 Sch. 5 para. 67 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)

68 E+W In section 2 (health service bodies subject to investigation), in subsection (1)—

(a) omit paragraph (a),

(b) omit paragraph (da), and

(c) after paragraph (db) insert—

“(dc) the National Health Service Commissioning Board,

(dd) clinical commissioning groups.”

Commencement Information

I262 Sch. 5 para. 68(a)(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)

I263 Sch. 5 para. 68(c) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

69 E+W In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.

Commencement Information

I264 Sch. 5 para. 69 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)

70 (1) Section 14 (reports etc. by the Commissioner) is amended as follows. E+W

(2) In subsection (1)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

(3) In subsection (2A)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(4) In subsection (2C)—

(a) at the end of paragraph (d) insert “and”, and

(b) omit paragraph (f) and the preceding “and”.

(5) Omit subsection (2E)(e).

(6) In subsection (2G)—

(a) at the end of paragraph (c) insert “and”, and

(b) omit paragraph (e) and the preceding “and”.

Commencement Information

I265 Sch. 5 para. 70 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 6-9)

Health Authorities Act 1995 (c. 17) E+W

71 E+W In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2—

(a) in sub-paragraphs (1), (2), (6) and (7) omit “Primary Care Trust,”, and

(b) in sub-paragraphs (1), (2), (6) and (7) omit “Strategic Health Authority,”.

Commencement Information

I266 Sch. 5 para. 71 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Employment Rights Act 1996 (c. 18) E+W

72 E+W The Employment Rights Act 1996 is amended as follows.

Commencement Information

I267 Sch. 5 para. 72 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I268 Sch. 5 para. 72 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)

73 E+W In section 43K (extension of meaning of “worker” etc for Part 4A)—

(a) in subsection (1)(ba) for “a Primary Care Trust” (in each place where it occurs) substitute “the National Health Service Commissioning Board”,

(b) in subsection (1)(c)(i) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”, and

(c) in subsection (2)(aa) for “the Primary Care Trust or” substitute “the National Health Service Commissioning Board, or the”.

Commencement Information

I269 Sch. 5 para. 73 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)

74 E+W In section 50 (right to time off for public duties), in subsection (8)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and”

(b) in paragraph (b)—

(i) omit “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and

(ii) omit “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”.

Commencement Information

I270 Sch. 5 para. 74(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I271 Sch. 5 para. 74(b) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

75 E+W In section 218 (change of employer), in subsection (10)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board,

(zb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,”

(b) omit paragraph (a),

(c) in paragraph (b) for “that Act” substitute “the National Health Service Act 2006”,

(d) omit paragraph (bb), and

(e) in paragraph (c) for “that Act” substitute “the National Health Service Act 2006”.

Commencement Information

I272 Sch. 5 para. 75(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I273 Sch. 5 para. 75(b)-(e) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Housing Grants, Construction and Regeneration Act 1996 (c. 53) E+W

76 E+W In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)—

(a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

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

(c) omit “, Primary Care Trust”.

Commencement Information

I274 Sch. 5 para. 76(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I275 Sch. 5 para. 76(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Education Act 1996 (c. 56) E+W

77 E+W The Education Act 1996 is amended as follows.

Commencement Information

I276 Sch. 5 para. 77 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

78 (1) Section 322 (duty of certain bodies to help local authorities) is amended as follows. E+W

(2) In subsection (1)—

(a) after “another local authority,” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(b) omit “or a Primary Care Trust”, and

(c) for “the board, authority or trust” substitute “that body”.

(3) In subsection (2), for “An authority, a board or a trust” substitute “A body”.

(4) In subsection (3), in paragraph (a)—

(a) after “request is made of” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(b) omit “or Primary Care Trust”, and

(c) for “that board or trust” substitute “that body”.

(5) In subsection (4)—

(a) for “an authority, a board” substitute “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board”, and

(b) omit “or a trust”.

Commencement Information

I277 Sch. 5 para. 78 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

79 (1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows. E+W

(2) In subsection (1)—

(a) after “where” insert “a clinical commissioning group,” and

(b) omit “a Primary Care Trust,”.

(3) In subsection (2) for “trust” (in each place where it occurs) substitute “other body”.

(4) In subsection (3) for “trust” substitute “other body”.

Commencement Information

I278 Sch. 5 para. 79 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

80 E+W In section 579 (general interpretation), in subsection (1) in the definition of “school buildings” in paragraph (c) for the words from “for enabling” to “functions” substitute “for the carrying out of functions”.

Commencement Information

I279 Sch. 5 para. 80 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Audit Commission Act 1998 (c. 18) E+W

81 E+W In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)—

(a) omit paragraph (a), and

(b) omit paragraph (b).

Commencement Information

I280 Sch. 5 para. 81 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Data Protection Act 1998 (c. 29) E+W

82 E+W In section 69 of the Data Protection Act 1998 (meaning of “health professional”)—

(a) in subsection (1), in paragraph (k) for “such a body” substitute “a health service body”,

(b) in subsection (3), omit paragraph (a),

(c) in that subsection, before paragraph (b) insert—

“(aa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

(ab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, that Act,”, and

(d) in that subsection, omit paragraph (bb).

Commencement Information

I281 Sch. 5 para. 82 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Crime and Disorder Act 1998 (c. 37) E+W

83 E+W The Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I282 Sch. 5 para. 83 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

84 E+W In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for “Primary Care Trust” substitute “clinical commissioning group”.

Commencement Information

I283 Sch. 5 para. 84 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

85 E+W In section 38 (local provision of youth justice services), in subsection (2)(b)—

(a) after “local probation board” insert “, clinical commissioning group or”, and

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

(c) omit “or Primary Care Trust”.

Commencement Information

I284 Sch. 5 para. 85 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

86 E+W In section 39 (Youth Offending Teams), in subsection (3)(b)—

(a) after “local probation board” insert “, clinical commissioning group or”,

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

(c) omit “or Primary Care Trust”.

Commencement Information

I285 Sch. 5 para. 86 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

87 E+W In that section, in subsection (5)(d)—

(a) after “nominated by” insert “a clinical commissioning group or”, and

(b) omit “a Primary Care Trust or”.

Commencement Information

I286 Sch. 5 para. 87 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

88 E+W In section 41 (the Youth Justice Board), in subsection (10)—

(a) after “provider of probation services,” insert “a clinical commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “and”, and

(c) omit “and a Primary Care Trust”.

Commencement Information

I287 Sch. 5 para. 88 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

89 E+W In section 42 (supplementary provisions), in subsection (3)—

(a) after “provider of probation services,” insert “a clinical commissioning group,”,

(b) for “, a Strategic Health Authority,” substitute “or”, and

(c) omit “or a Primary Care Trust”.

Commencement Information

I288 Sch. 5 para. 89 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

90 E+W In section 115, in subsection (2) (disclosure of information to relevant authorities)—

(a) omit paragraph (ea),

(b) after paragraph (f) insert—

“(fa) the National Health Service Commissioning Board;

(fb) a clinical commissioning group;”, and

(c) omit paragraph (g).

Commencement Information

I289 Sch. 5 para. 90 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health Act 1999 (c. 8) E+W

91 E+W The Health Act 1999 is amended as follows.

Commencement Information

I290 Sch. 5 para. 91 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

92 E+W In section 61 (English and Scottish border provisions)—

(a) in subsection (2)—

(i) after “Secretary of State” insert “, the National Health Service Commissioning Board”,

(ii) after “any” insert “clinical commissioning group”,

(iii) omit “Strategic Health Authority”, and

(iv) omit “or Primary Care Trust”, and

(b) in subsection (5)—

(i) after “any” insert “clinical commissioning group”, and

(ii) omit “Primary Care Trust”.

Commencement Information

I291 Sch. 5 para. 92 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

93 E+W In Schedule 4 (amendments relating to Primary Care Trusts)—

(a) omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and

(b) omit paragraphs 3(c), 82 and 85(2).

Commencement Information

I292 Sch. 5 para. 93 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Greater London Authority Act 1999 (c. 29) E+W

94 E+W In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)—

(a) omit paragraph (f),

(b) omit paragraph (g), and

(c) before paragraph (h) insert—

“(ga) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

(gb) the National Health Service Commissioning Board,

(gc) any clinical commissioning group (established under section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London,”.

Commencement Information

I293 Sch. 5 para. 94 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Care Standards Act 2000 (c. 14) E+W

95 E+W In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of “National Health Service body”—

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

(b) omit “, a Primary Care Trust”.

Commencement Information

I294 Sch. 5 para. 95 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Government Resources and Accounts Act 2000 (c. 20) E+W

96 (1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows. E+W

(2) In subsection (1) omit “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”.

(3) Omit subsection (3).

(4) In subsection (4) for “that subsection” substitute “subsection (1)”.

Commencement Information

I295 Sch. 5 para. 96 in force at 1.10.2012 by S.I. 2012/1831, art. 2(2) (with art. 11(2))

Local Government Act 2000 (c. 22) E+W

97 E+W In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)—

(a) before paragraph (b) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a clinical commissioning group, or”, and

(b) omit paragraph (c) and the preceding “or”.

Commencement Information

I296 Sch. 5 para. 97 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Regulation of Investigatory Powers Act 2000 (c. 23) E+W

F6 98 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 5 para. 98 repealed (30.8.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 Pt. 8 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/940, reg. 2(1)(h)(ii) (with reg. 2(2))

>Freedom of Information Act 2000 (c. 36) E+W

99 E+W In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)—

(a) omit paragraph 36A,

(b) before paragraph 38 insert—

“37A The National Health Service Commissioning Board.

37B A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and

(c) omit paragraph 39.

Commencement Information

I297 Sch. 5 para. 99(a)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

I298 Sch. 5 para. 99(b) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

International Development Act 2002 (c. 1) E+W

100 E+W In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—

(a) before the entry for a Health Board insert— “ the National Health Service Commissioning Board a clinical commissioning group ”,

(b) omit the entry for a Primary Care Trust, and

(c) omit the entry for a Strategic Health Authority.

Commencement Information

I299 Sch. 5 para. 100(a) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I300 Sch. 5 para. 100(b)(c) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

National Health Service Reform and Health Care Professions Act 2002 (c. 17) E+W

101 E+W The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

Commencement Information

I301 Sch. 5 para. 101 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

102 E+W Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities).

Commencement Information

I302 Sch. 5 para. 102 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

103 E+W Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts).

Commencement Information

I303 Sch. 5 para. 103 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Adoption and Children Act 2002 (c. 38) E+W

104 E+W The Adoption and Children Act 2002 is amended as follows.

Commencement Information

I304 Sch. 5 para. 104 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

105 E+W In section 4 (assessments etc for adoption support services), in subsection (9)—

(a) before paragraph (a) insert—

“(za) there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act),”,

(b) in paragraph (a) omit “a Primary Care Trust”, and

(c) in the text following paragraph (b)—

(i) after “notify that” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

Commencement Information

I305 Sch. 5 para. 105 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

106 E+W In section 8 (bodies which cannot be adoption support agencies), in subsection (2)—

(a) before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board,”, and”

(b) in paragraph (d)—

(i) omit “, Primary Care Trust”, and

(ii) before “(in Wales,” insert “, clinical commissioning group”.

Commencement Information

I306 Sch. 5 para. 106 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Nationality, Immigration and Asylum Act 2002 (c. 41) E+W

107 E+W In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in paragraph (a)—

(a) omit sub-paragraph (i),

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning Board,

(ib) a clinical commissioning group established under section 14D of the National Health Service Act 2006,

(ic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006,”, and

(c) omit sub-paragraph (iii).

Commencement Information

I307 Sch. 5 para. 107 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Community Care (Delayed Discharges etc.) Act 2003 (c. 5) E+W

108 E+W The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows.

Commencement Information

I308 Sch. 5 para. 108 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

109 E+W In section 1 (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body” in paragraph (b) omit “a Primary Care Trust (in England) or”.

Commencement Information

I309 Sch. 5 para. 109 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

110 E+W In section 9 (dispute resolution)—

(a) in subsection (1) omit “by Strategic Health Authorities in England and”,

(b) at the end of that subsection insert “in relation to Wales”,

(c) in subsection (2) omit —

(i) “Strategic Health Authority or”, and

(ii) “Authority or”,

(d) in subsection (3)—

(i) for “the appropriate Minister considers” substitute “the Welsh Ministers consider”,

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

(iii) omit “Authority or”, and

(e) in subsection (4)(a) omit “Strategic Health Authority or”.

Commencement Information

I310 Sch. 5 para. 110 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Licensing Act 2003 (c. 17) E+W

111 E+W The Licensing Act 2003 is amended as follows.

Commencement Information

I311 Sch. 5 para. 111 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

112 E+W In section 5(3) (statement of licensing policy)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

“(bb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area,”.

Commencement Information

I312 Sch. 5 para. 112 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

113 E+W In section 13(4) (authorised persons, interested parties and responsible authorities)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

“(bb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,”.

Commencement Information

I313 Sch. 5 para. 113 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

114 E+W In section 16 (applicant for premises licence), in subsection (3), in the definition of “health service body” omit paragraph (b).

Commencement Information

I314 Sch. 5 para. 114 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

115 E+W In section 69(4) (authorised persons, interested parties and responsible authorities)—

(a) in paragraph (ba) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

“(bb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated,”.

Commencement Information

I315 Sch. 5 para. 115 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

116 E+W In section 172B(4) (procedural requirements for early morning alcohol restriction order)—

(a) in paragraph (d) omit “Primary Care Trust or”, and

(b) after that paragraph insert—

“(da) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order,”.

Commencement Information

I316 Sch. 5 para. 116 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Sexual Offences Act 2003 (c. 42) E+W

117 E+W In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of “National Health Service body”—

(a) after paragraph (b) insert—

“(ba) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

(bb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006,”, and

(b) omit paragraph (c).

Commencement Information

I317 Sch. 5 para. 117 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43) E+W

118 E+W The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

Commencement Information

I318 Sch. 5 para. 118 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

119 E+W In section 71 (reporting to Secretary of State and regulator)—

(a) in subsection (2), after “special measures” insert “or request another person to take special measures”, and

(b) omit subsections (3) and (4).

Commencement Information

I319 Sch. 5 para. 119 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

120 E+W In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—

“(d) anything done by the National Health Service Commissioning Board or a clinical commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act 2006.”

Commencement Information

I320 Sch. 5 para. 120 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

121 E+W In section 148 (interpretation of Part 2), 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;”.

Commencement Information

I321 Sch. 5 para. 121 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

122 E+W In section 160 (provision of information)—

(a) in subsection (1), after paragraph (g) insert—

“(h) if the injured person received NHS treatment pursuant to arrangements made by a clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the clinical commissioning group.”, and

(b) in subsection (4), in the definition of “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'.

Commencement Information

I322 Sch. 5 para. 122 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

123 E+W In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)—

(a) omit sub-paragraph (i), and

(b) before sub-paragraph (ii) insert—

“(ia) the National Health Service Commissioning Board,

(ib) a clinical commissioning group,”.

Commencement Information

I323 Sch. 5 para. 123 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Criminal Justice Act 2003 (c. 44) E+W

124 E+W In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)—

(a) after subsection (6)(b) insert—

“(ba) the National Health Service Commissioning Board,”,

(b) after subsection (6)(d) insert—

“(da) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area,”,

(c) in subsection (6)(f) omit “or Strategic Health Authority”, and

(d) in subsection (6)(g)—

(i) after “every” insert “clinical commissioning group or”, and

(ii) omit “Primary Care Trust or”.

Commencement Information

I324 Sch. 5 para. 124 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Carers (Equal Opportunities) Act 2004 (c. 15) E+W

125 (1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows. E+W

(2) In subsection (2)(b) after “by” (in the second place it occurs) insert “or in pursuance of arrangements made by”.

(3) In subsection (3) after “provide” insert “or arrange for the provision of”.

(4) In subsection (5)—

(a) omit the “and” at the end of paragraph (c) and insert—

“(ca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

(cb) the National Health Service Commissioning Board, and”, and

(b) in paragraph (d)—

(i) after “any” insert “clinical commissioning group,”, and

(ii) omit “Primary Care Trust,”.

Commencement Information

I325 Sch. 5 para. 125 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Domestic Violence, Crime and Victims Act 2004 (c. 28) E+W

126 E+W In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a)—

(a) after the entry for local probation boards insert—

“the National Health Service Commissioning Board;

clinical commissioning groups established under section 14D of the National Health Service Act 2006;”,

(b) omit the entry for Strategic Health Authorities, and

(c) omit the entry for Primary Care Trusts.

Commencement Information

I326 Sch. 5 para. 126 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Children Act 2004 (c. 31) E+W

127 E+W The Children Act 2004 is amended as follows.

Commencement Information

I327 Sch. 5 para. 127 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

128 E+W In section 10 (co-operation to improve wellbeing), in subsection (4)—

(a) after paragraph (d) insert—

“(da) the National Health Service Commissioning Board;”,

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) any clinical commissioning group for an area any part of which falls within the area of the authority;”, and

(c) omit paragraph (e).

Commencement Information

I328 Sch. 5 para. 128 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

129 E+W In section 11 (arrangements to safeguard and promote welfare), in subsection (1)—

(a) after paragraph (b) insert—

“(ba) the National Health Service Commissioning Board;”

(b) after paragraph (ba) (as inserted by paragraph (a) above) insert—

“(bb) a clinical commissioning group;”,

(c) omit paragraph (c), and

(d) omit paragraph (e).

Commencement Information

I329 Sch. 5 para. 129 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

130 E+W In section 12A (establishment of children's trust boards), after subsection (7) at the end insert “otherwise than by virtue of section 10(4)(da) or (db)”.

Commencement Information

I330 Sch. 5 para. 130 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

131 E+W In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)—

(a) after paragraph (d) insert—

“(da) the National Health Service Commissioning Board;”,

(b) after paragraph (da) (as inserted by paragraph (a) above) insert—

“(db) any clinical commissioning group for an area any part of which falls within the area of the authority;”, and

(c) omit paragraph (e).

Commencement Information

I331 Sch. 5 para. 131 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Civil Contingencies Act 2004 (c. 36) E+W

132 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows. E+W

(2) In Part 1 (which contains the general list of Category 1 responders)—

(a) after the cross-heading “Health” insert—

“4A The National Health Service Commissioning Board.”, and

(b) omit paragraph 7.

(3) In Part 3 (which contains the general list of Category 2 responders)—

(a) after the cross-heading “Health” insert—

“29ZA A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and

(b) omit paragraph 29A.

Commencement Information

I332 Sch. 5 para. 132 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Mental Capacity Act 2005 (c. 9) E+W

133 E+W The Mental Capacity Act 2005 is amended as follows.

Commencement Information

I333 Sch. 5 para. 133 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

134 E+W In section 35 (appointment of independent mental capacity advocates)—

(a) in subsection (1), for “appropriate authority” substitute “responsible authority”,

(b) in subsection (4), for “appropriate authority” substitute “responsible authority”, and

(c) after subsection (6) insert—

“(6A) In subsections (1) and (4), “the responsible authority” means—

(a) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and

(b) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers.

(6B) In subsection (6A)(a), “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales.”

Commencement Information

I334 Sch. 5 para. 134 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

135 E+W In section 64 (interpretation), in subsection (1) in the definition of “local authority”, after “except in” insert “section 35(6A)(a) and”.

Commencement Information

I335 Sch. 5 para. 135 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

136 (1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows. E+W

(2) In paragraph 176 (meaning of “managing authority”), in sub-paragraph (1)—

(a) in paragraph (a) omit “Primary Care Trust,”,

(b) in that paragraph omit “Strategic Health Authority,”,

(c) after that paragraph insert—

“(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State;”, and

(d) in paragraph (b) omit “Primary Care Trust,”.

(3) In paragraph 180 (supervisory bodies: hospitals in England)—

(a) for sub-paragraph (2) substitute—

“(2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.”,

(b) in sub-paragraph (3), after “If” insert “the relevant person is not ordinarily resident in England and”,

(c) in sub-paragraph (4), for “the Primary Care Trust” substitute “the local authority”,

(d) after sub-paragraph (4) insert—

“(4A) Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”, and

(e) in sub-paragraph (5), for “Primary Care Trusts” substitute “local authorities”.

(4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute—

“(3) But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority.

(4) “Local authority” means—

(a) the council of a county;

(b) the council of a district for which there is no county council;

(c) the council of a London borough;

(d) the Common Council of the City of London;

(e) the Council of the Isles of Scilly.”

(5) Before paragraph 183 insert the following heading— “ Supervisory bodies: determination of place of ordinary residence ”.

(6) In that paragraph—

(a) in sub-paragraph (1), for “paragraph” substitute “paragraphs 180, 181 and”, and

(b) in sub-paragraph (2), after “by virtue of sub-paragraph (1)” insert “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”.

Commencement Information

I336 Sch. 5 para. 136 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Childcare Act 2006 (c. 21) E+W

137 E+W In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”, and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group”,

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

(iii) omit “or Primary Care Trust”.

Commencement Information

I337 Sch. 5 para. 137 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Emergency Workers (Obstruction) Act 2006 (c. 39) E+W

138 E+W In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)—

(a) in subsection (5), in paragraph (a)—

(i) after “Wales,” insert “the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, the National Health Service Commissioning Board, a clinical commissioning group,”, and

(ii) omit “, Primary Care Trust”, and

(b) after that subsection insert—

“(6) In subsection (5)(a) above “public health functions”—

(a) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National Health Service Act 2006;

(b) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act.”

Commencement Information

I338 Sch. 5 para. 138 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

National Health Service (Consequential Provisions) Act 2006 (c. 43) E+W

139 E+W In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006—

(a) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating to Primary Care Trusts), and

(b) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e) (which make amendments relating to Strategic Health Authorities).

Commencement Information

I339 Sch. 5 para. 139 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

NHS Redress Act 2006 (c. 44) E+W

140 E+W The NHS Redress Act 2006 is amended as follows.

Commencement Information

I340 Sch. 5 para. 140 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

141 E+W In section 1, in subsection (3)—

(a) after paragraph (a) insert—

“(aa) the National Health Service Commissioning Board,

(ab) a clinical commissioning group,”,

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d) for “(b) or (c)” substitute “(aa) or (ab)”.

Commencement Information

I341 Sch. 5 para. 141 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

142 E+W In section 18 (interpretation), in subsection (1) omit the definition of “designated Strategic Health Authority”.

Commencement Information

I342 Sch. 5 para. 142 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Safeguarding Vulnerable Groups Act 2006 (c. 47) E+W

143 E+W The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

Commencement Information

I343 Sch. 5 para. 143 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

144 E+W In section 6 (regulated activity providers)—

(a) omit subsection (8D), and

(b) before subsection (9) insert—

“(8E) The National Health Service Commissioning Board or a clinical commissioning group does not make arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).”

Commencement Information

I344 Sch. 5 para. 144 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

145 E+W In section 17 (NHS employment) in subsection (3)—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(b) omit paragraph (b), and

(c) omit paragraph (f).

Commencement Information

I345 Sch. 5 para. 145 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

146 E+W In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of “hospital services” omit paragraph (d).

Commencement Information

I346 Sch. 5 para. 146 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Prospective

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) E+W

147 E+W In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of “relevant NHS body”—

(a) before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;”, and”

(b) in paragraph (a)—

(i) at the beginning insert “a clinical commissioning group,”

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

(iii) omit “Primary Care Trust,”.

Commencement Information

I347 Sch. 5 para. 147(a)(b)(i) in force at 1.10.2012 by S.I. 2012/1831, art. 2(2)

I348 Sch. 5 para. 147(b)(ii)(iii) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Government and Public Involvement in Health Act 2007 (c. 28) E+W

148 E+W The Local Government and Public Involvement in Health Act 2007 is amended as follows.

Commencement Information

I349 Sch. 5 para. 148 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

149 (1) Section 222 (arrangements relating to local care services) is amended as follows. E+W

(2) In subsection (3)—

(a) after paragraph (c) insert “or

(ca) a clinical commissioning group.”,

(b) omit paragraph (d), and

(c) omit paragraph (e) and the preceding “or”.

(3) After that subsection insert—

“(3A) The arrangements must not be made with the National Health Service Commissioning Board.”

Commencement Information

I350 Sch. 5 para. 149 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

150 E+W In section 224 (duties of services-providers to respond to local involvement networks)—

(a) for “services-provider”, in each place it appears, substitute “responsible person”,

(b) in subsection (2), before paragraph (a) insert—

“(za) the National Health Service Commissioning Board;

(zb) a clinical commissioning group;”,

(c) in that subsection, omit paragraph (c), and

(d) in the title, for “services-providers” substitute “responsible persons”.

Commencement Information

I351 Sch. 5 para. 150 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

151 E+W In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c).

Commencement Information

I352 Sch. 5 para. 151 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

152 E+W In section 227 (annual reports), in subsection (4)(b)—

(a) omit “each Primary Care Trust,”,

(b) omit “and”,

(c) omit “each Strategic Health Authority,”, and

(d) omit the words from “any” to the end.

Commencement Information

I353 Sch. 5 para. 152 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Criminal Justice and Immigration Act 2008 (c. 4) E+W

153 E+W In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in subsection (4) in the definition of “relevant English NHS body”, omit paragraph (b).

Commencement Information

I354 Sch. 5 para. 153 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

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

I355 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

I356 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

I357 Sch. 5 para. 156 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7 157 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 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

I358 Sch. 5 para. 158 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8 159 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 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

I359 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

I360 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

I361 Sch. 5 para. 162 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Prospective

F9 163 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 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

F10 164 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 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

I362 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

I363 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

I364 Sch. 5 para. 167 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Education and Skills Act 2008 (c. 25) E+W

168 E+W The Education and Skills Act 2008 is amended as follows.

Commencement Information

I365 Sch. 5 para. 168 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

169 E+W In section 16 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(c) before paragraph (e) insert—

“(da) a clinical commissioning group,”.

Commencement Information

I366 Sch. 5 para. 169 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

170 E+W In section 77 (supply of information by public bodies), in subsection (2)—

(a) omit paragraph (c),

(b) omit paragraph (d), and

(c) before paragraph (e) insert—

“(da) a clinical commissioning group,”.

Commencement Information

I367 Sch. 5 para. 170 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Autism Act 2009 (c. 15) E+W

171 E+W In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “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;”.

Commencement Information

I368 Sch. 5 para. 171 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

Local Democracy, Economic Development and Construction Act 2009 (c. 20) E+W

F11 172 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 5 para. 172 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 102(2)(c), 115(3)(k)

Health Act 2009 (c. 21) E+W

173 E+W The Health Act 2009 is amended as follows.

Commencement Information

I369 Sch. 5 para. 173 in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)

I370 Sch. 5 para. 173 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)

174 E+W In each of the following provisions for “NHS services” substitute “health services”—

(a) the title to Part 1,

(b) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and

(c) the definitions of “carers”, “patients” and “staff” in section 3(7).

Commencement Information

I371 Sch. 5 para. 174 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

175 (1) Section 2 (duty to have regard to NHS constitution) is amended as follows. E+W

(2) In subsection (1), for “NHS functions” substitute “health service functions”.

(3) In subsection (2)—

(a) omit paragraph (a),

(b) omit paragraph (b), and

(c) before paragraph (d) insert—

“(ca) the National Health Service Commissioning Board;

(cb) clinical commissioning groups;

(cc) local authorities (within the meaning of section 2B of the National Health Service Act 2006);”.

(4) In subsection (3), for “an “NHS function”” substitute “a “health service function””.