Health and Care Act 2022

Section 134

SCHEDULE 15 E+W Consequential amendments relating to Part 4

Public Records Act 1958 (c. 51) E+W

1 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the table in paragraph 3, at the appropriate place insert—

• “Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).”

Commencement Information

I1 Sch. 15 para. 1 not in force at Royal Assent, see s. 186(6)

I2 Sch. 15 para. 1 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Public Bodies (Admission to Meetings) Act 1960 (c. 67) E+W

2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (p) (inserted by Schedule 4 to this Act) insert—

“(q) the Health Services Safety Investigations Body.”

Commencement Information

I3 Sch. 15 para. 2 not in force at Royal Assent, see s. 186(6)

I4 Sch. 15 para. 2 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Parliamentary Commissioner Act 1967 (c. 13) E+W

3 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I5 Sch. 15 para. 3 not in force at Royal Assent, see s. 186(6)

I6 Sch. 15 para. 3 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

House of Commons Disqualification Act 1975 (c. 24) E+W

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert —

• “Chief Investigator, chair or other member of the Health Services Safety Investigations Body.”

Commencement Information

I7 Sch. 15 para. 4 not in force at Royal Assent, see s. 186(6)

I8 Sch. 15 para. 4 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Copyright, Designs and Patents Act 1988 (c. 48) E+W

5 In section 48(6) of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) after “the Care Quality Commission,” insert “the Health Services Safety Investigations Body,”.

Commencement Information

I9 Sch. 15 para. 5 not in force at Royal Assent, see s. 186(6)

I10 Sch. 15 para. 5 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Employment Rights Act 1996 (c. 18) E+W

6 (1) The Employment Rights Act 1996 is amended as follows.

(2) In section 49B(7) (regulations prohibiting discrimination because of protected disclosure) after paragraph (g) insert—

“(ga) the Health Services Safety Investigations Body;”.

(3) In section 50(8) (right to time off for public duties) after paragraph (ad) insert—

“(ae) the Health Services Safety Investigations Body,”.

(4) In section 218(10) (change of employer) after paragraph (cd) insert—

“(ce) the Health Services Safety Investigations Body.”

Commencement Information

I11 Sch. 15 para. 6 not in force at Royal Assent, see s. 186(6)

I12 Sch. 15 para. 6 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Freedom of Information Act 2000 (c. 36) E+W

7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) at the appropriate place insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I13 Sch. 15 para. 7 not in force at Royal Assent, see s. 186(6)

I14 Sch. 15 para. 7 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

National Health Service Act 2006 (c. 41) E+W

8 (1) The National Health Service Act 2006 is amended as follows.

(2) In section 9(4) (NHS contracts) after paragraph (kc) insert—

“(kd) the Health Services Safety Investigations Body,”.

(3) In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies: bodies eligible to participate) after paragraph (fa) insert—

“(fb) the Health Services Safety Investigations Body,”.

(4) In section 247C(2) (Secretary of State’s duty to keep health service functions under review) after paragraph (ea) insert—

“(eb) the Health Services Safety Investigations Body;”.

(5) In section 253 (emergency powers)—

(a) in subsection (1A), after paragraph (c) insert—

“(ca) the Health Services Safety Investigations Body;”, and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 15 para. 8(5)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 22 (with reg. 3)

Commencement Information

I15 Sch. 15 para. 8 not in force at Royal Assent, see s. 186(6)

I16 Sch. 15 para. 8 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Health Act 2009 (c. 21) E+W

9 In section 2(2) of the Health Act 2009 (duty to have regard to NHS Constitution) after paragraph (h) insert—

“(i) the Health Services Safety Investigations Body.”

Commencement Information

I17 Sch. 15 para. 9 not in force at Royal Assent, see s. 186(6)

I18 Sch. 15 para. 9 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Equality Act 2010 (c. 15) E+W

10 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to which the public sector equality duty applies) under the heading “Health, social care and social security”, after the entry relating to the Health and Social Care Information Centre insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I19 Sch. 15 para. 10 not in force at Royal Assent, see s. 186(6)

I20 Sch. 15 para. 10 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)