SCHEDULES
SCHEDULE 5Abolition of Monitor and transfer of its functions
I1I1041General
Any reference to Monitor in an instrument or other document made before the day on which section 33(2) comes into force is to be read, in relation to any time after that provision comes into force, as a reference to NHS England.
I2I1052Public Bodies (Admission to Meetings) Act 1960
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies), in paragraph 1, omit sub-paragraph (bk).
I3I1063Parliamentary Commissioner Act 1967
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for Monitor.
I4I1074Superannuation Act 1972
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc referred to in section 1), omit the entry for Monitor.
I5I1085House of Commons Disqualification Act 1975
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), omit the entry for the chair or other member of Monitor.
I6I1096Northern Ireland Assembly Disqualification Act 1975
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—
a
at the appropriate place insert—
Chair or non-executive member of NHS England.
b
omit the entry for the chair or other member of Monitor.
I7I1107Employment Rights Act 1996
In section 49B of the Employment Rights Act 1996 (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), omit paragraph (k).
I8I1118Freedom of Information Act 2000
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for Monitor.
National Health Service Act 2006
I9I1129
The National Health Service Act 2006 is amended as follows.
I10I11310
For section 2 substitute—
2General power
1
The Secretary of State may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on the Secretary of State by this Act.
2
NHS England or an integrated care board may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.
I11I11411
In section 33 (applications by NHS trusts), in each of subsections (1) to (3), for “the regulator” substitute “NHS England”
.
I12I11512
1
Section 35 (authorisation of NHS foundation trusts) is amended as follows.
2
In subsection (1)—
a
for “The regulator” substitute “NHS England”
;
b
for “the regulator” substitute “NHS England”
.
3
In subsections (2)(f) and (3), for “the regulator” substitute “NHS England”
.
4
In subsection (3A) and (5), for “The regulator” substitute “NHS England”
.
5
In subsection (6), for “the regulator” substitute “NHS England”
.
I13I11613
In section 37 (amendments of constitution), in subsection (4)—
a
for “the regulator” substitute “NHS England”
;
b
for “the regulator’s” substitute “NHS England’s”
.
I14I11714
1
Section 39 (register of NHS foundation trusts) is amended as follows.
2
In subsection (1), for “The regulator” substitute “NHS England”
.
3
In subsection (3), for “the regulator” substitute “NHS England”
.
I15I11815
In section 39A (panel for advising governors), in subsections (1) and (9), for “The regulator” substitute “NHS England”
.
I16I11916
In section 42A (criteria for making loans etc), in subsection (7)(b), for “the regulator” substitute “NHS England”
.
I17I12017
In section 50 (fees), for “the regulator”, in both places it occurs, substitute “NHS England”
.
I18I12118
In section 56 (mergers), in subsection (1), for “the regulator” substitute “NHS England”
.
I19I12219
1
Section 56A (acquisitions) is amended as follows.
2
In subsection (1), for “the regulator” substitute “NHS England”
.
3
In subsection (4A), for “the regulator” substitute “NHS England”
.
I20I12320
In section 56AA (acquisitions under section 56A: supplementary), in subsection (1)(a), for “the regulator” substitute “NHS England”
.
I21I12421
In section 56B (separations), in subsection (1), for “the regulator” substitute “NHS England”
.
I22I12522
In section 57 (sections 56 to 56B: supplementary), in subsections (1) and (2), for “the regulator”, in each place it occurs, substitute “NHS England”
.
I23I12623
1
Section 57A (dissolution) is amended as follows.
2
In subsection (1), for “the regulator” substitute “NHS England”
.
3
In subsection (3), for “The regulator” substitute “NHS England”
.
4
In subsection (4), for “the regulator” substitute “NHS England”
.
I24I12724
In section 64 (orders and regulations under Chapter), in subsection (4A), for “the regulator”, in both places it occurs, substitute “NHS England”
.
I25I12825
1
Section 244 (review and scrutiny by local authorities) is amended as follows.
2
In subsection (2)(b), for “the Secretary of State or the regulator” substitute “or the Secretary of State”
.
3
In subsections (2ZA)(a) and (2ZC), omit “, the regulator”.
I26I12926
In section 247C (Secretary of State’s duty to keep health service functions under review), in subsection (2), omit paragraph (b).
I27I13027
In section 258 (university clinical teaching and research), after subsection (2) insert—
3
A reference in this section to the functions of NHS England does not include its regulatory functions.
I28I13128
In section 272 (orders, regulations, rules and directions), in subsection (6ZA), for “the regulator”, in both places it occurs, substitute “NHS England”
.
I29I13229
In section 275 (interpretation), in subsection (1), omit the definition of “the regulator”.
I30I13330
In section 276 (index of defined expressions), omit the entry for “the regulator”.
I31I13431
1
Schedule 7 (constitution of public benefit corporations) is amended as follows.
2
In paragraph 24—
a
in sub-paragraph (1A), for “The regulator” substitute “NHS England”
;
b
in sub-paragraph (4C), for “the regulator” substitute “NHS England”
.
3
In paragraph 25—
a
in sub-paragraph (1), for “the regulator” substitute “NHS England”
;
b
in sub-paragraph (1A), for “The regulator” substitute “NHS England”
;
c
in sub-paragraphs (2), (3), (4) and (4A), for “the regulator”, in each place it occurs, substitute “NHS England”
.
4
In paragraph 26(1), (2), (2A), and (3), for “the regulator”, in each place it occurs, substitute “NHS England”
.
5
In paragraph 27(1), for “the regulator” substitute “NHS England”
.
I32I13532
In Schedule 10 (audit of accounts of NHS foundation trusts)—
a
in paragraphs 5, 6 and 8(1)(c), for “the regulator” substitute “NHS England”
;
b
in the italic heading before paragraph 6, for “regulator” substitute “NHS England”
.
I33I13633National Health Service (Wales) Act 2006
In section 184 of the National Health Service (Wales) Act 2006 (functions of overview and scrutiny committees), in subsection (2)(b), for “, the Welsh Ministers or Monitor” substitute “or the Welsh Ministers”
.
Health and Social Care Act 2008
I34I13734
The Health and Social Care Act 2008 is amended as follows.
I35I13835
In section 20A (functions relating to processing of information by registered persons), in subsection (1)(b), omit “and Monitor”.
I36I13936
In section 30 (urgent procedure for cancellation), in subsection (3), omit paragraph (c).
I37I14037
In section 39 (bodies required to be notified of certain matters), in subsection (1), omit paragraph (c).
I38I14138
In section 45A (functions to be exercised by Healthwatch England), in subsection (6), omit paragraph (c).
I39I14239
In section 59 (additional functions), in subsection (2), for “Monitor” substitute “NHS England”
.
I40I14340
1
Section 70 (Co-operation between the Care Quality Commission and Monitor) is amended as follows.
2
In the heading, for “the Monitor” substitute “NHS England”
.
3
In subsection (1), for “Monitor” substitute “NHS England”
.
4
In subsection (2)—
a
in paragraph (a)—
i
for “Monitor”, in each place it occurs, substitute “NHS England”
;
b
in paragraph (b), for “Monitor” substitute “NHS England”
.
5
In subsection (3) for “Monitor” substitute “NHS England”
.
Health Act 2009
I41I14441
The Health Act 2009 is amended as follows.
I42I14542
In section 2 (duty to have regard to NHS Constitution), in subsection (2), omit paragraph (f).
I43I14643
In section 9 (supplementary provision about the duty), in subsection (3), for “Monitor” substitute “NHS England”
.
I44I14744Equality Act 2010
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, omit the entry for Monitor.
Health and Social Care Act 2012
I45I14845
The Health and Social Care Act 2012 is amended as follows.
I46I14946
In Part 3, omit Chapter 1 (Monitor).
I47I15047
1
Section 83 (exemption regulations) is amended as follows.
2
In subsection (3)(a), (b) and (c), for “Monitor” substitute “NHS England”
.
3
In subsection (4), omit paragraph (a).
I48I15148
In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit sub-paragraph (i).
I49I15249
In section 85 (application for licence), in subsections (1) and (2), for “Monitor” substitute “NHS England”
.
I50I15350
In section 86 (licensing criteria), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”
.
I51I15451
In section 87 (grant or refusal of licence), in subsections (2) and (3), for “Monitor” substitute “NHS England”
.
I52I15552
In section 88 (application and grant: NHS foundation trusts), in subsection (2), for “Monitor” substitute “NHS England”
.
I53I15653
In section 89 (revocation of licence), for “Monitor”, in both places it occurs, substitute “NHS England”
.
I54I15754
1
Section 90 (right to make representations) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2)—
a
in paragraph (a), for “Monitor’s” substitute “NHS England’s”
;
b
in paragraph (b), for “Monitor” substitute “NHS England”
.
I55I15855
In section 91 (notice of decisions), in subsections (1), (2) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I56I15956
1
Section 92 (appeals to the Tribunal) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (3)—
a
in paragraph (a), for “Monitor’s” substitute “NHS England’s”
;
b
in paragraph (c), for “Monitor” substitute “NHS England”
.
I57I16057
In section 93 (register of licence holders), in each of subsections (1) to (4) and (6), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I58I16158
1
Section 94 (standard conditions) is amended as follows.
2
In subsections (1) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”
.
3
Omit subsections (7) to (11).
I59I16259
1
Section 95 (special conditions) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2)—
a
for “Monitor” substitute “NHS England”
;
b
omit paragraph (c).
4
In subsection (3), for “Monitor” substitute “NHS England”
.
5
In subsection (4)—
a
in paragraph (a), for “Monitor” substitute “NHS England”
;
b
in paragraph (b), for “Monitor’s” substitute “NHS England’s”
;
c
in paragraph (c), for “Monitor” substitute “NHS England”
.
I60I16360
1
Section 96 (limits on Monitor’s functions to set or modify licence conditions) is amended as follows.
2
In the heading for “Monitor’s” substitute “NHS England’s”
.
3
In subsection (1), for “Monitor” substitute “NHS England”
.
4
In subsection (2)—
a
in the words before paragraph (a), for “Monitor” substitute “NHS England”
;
b
in paragraph (e), for “Monitor” substitute “NHS England”
;
c
in paragraph (f), for “Monitor” substitute “NHS England”
;
d
in paragraph (i), for “Monitor’s” substitute “NHS England’s”
;
e
for paragraph (k) substitute—
k
for such other purposes as may be prescribed.
5
In subsection (4), for “Monitor” substitute “NHS England”
.
I61I16461
In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e), (f), (h), (i)(ii) and (iii) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I62I16562
1
Section 98 (conditions relating to the continuation of the provision of services etc) is amended as follows.
2
In subsection (1)(a), (b) and (c), for “Monitor” substitute “NHS England”
.
3
In subsection (3), for “Monitor” substitute “NHS England”
.
4
In subsection (4) for “Monitor” substitute “NHS England”
.
5
After subsection (5) insert—
5A
In subsections (4)(a) and (5) “commissioner” does not include NHS England.
6
In subsection (6), for “Monitor” substitute “NHS England”
.
7
In subsection (7)—
a
for “Monitor” substitute “NHS England”
;
b
omit paragraph (b) and the “and” before it.
I63I16663
1
Section 99 (notification of commissioners where continuation of services at risk) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
For subsection (3) substitute—
3
NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—
a
of the action it has taken, and
b
of its reasons for being satisfied as mentioned in subsection (1)(b).
4
In subsection (4)—
a
for “Monitor” substitute “NHS England”
;
b
for “Monitor’s” substitute “NHS England’s”
.
5
In subsection (5), omit “The Board and”.
I64I16764
1
Section 100 (modification of standard conditions) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2)—
a
for “Monitor” substitute “NHS England”
;
b
omit paragraph (c).
4
In subsection (3), for “Monitor” substitute “NHS England”
.
5
In subsection (4)—
a
in paragraph (a), for “Monitor” substitute “NHS England”
;
b
in paragraph (c), for “Monitor’s” substitute “NHS England’s”
;
c
in paragraph (d), for “Monitor” substitute “NHS England”
.
6
In subsection (10), for “Monitor”, in both places it occurs, substitute “NHS England”
.
I65I16865
In section 102 (modification of conditions by order under other enactments), in subsection (6)(a), for “Monitor” substitute “NHS England”
.
I66I16966
1
Section 104 (power to require documents and information) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2), omit paragraph (e) (but not the “and” at the end).
4
I67I17067
In section 105 (discretionary requirements), in subsections (1), (2)(a), (b) and (c) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I68I17168
In section 106 (enforcement undertakings), in subsections (1), (4) and (5), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I69I17269
1
Section 108 (guidance as to use of enforcement powers) is amended as follows.
2
In each of subsections (1) to (3), for “Monitor” substitute “NHS England”
.
3
In subsection (4)—
a
in the words before paragraph (a), for “Monitor’s” substitute “NHS England’s”
;
b
in paragraphs (a), (b) and (c), for “Monitor” substitute “NHS England”
.
4
In subsection (5), for “Monitor” substitute “NHS England”
.
I70I17370
In section 109 (publication of enforcement action), in subsections (1) and (2), for “Monitor” substitute “NHS England”
.
I71I17471
In section 110 (notification of enforcement action), in subsection (1)—
a
for “Monitor” substitute “NHS England”
;
b
omit paragraph (a).
I72I17572
In section 111 (imposition of licence conditions on NHS foundation trusts), in each of subsections (1) to (2A), and (4) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I73I17673
1
Section 113 (orders under section 112: criteria for deciding applicable trusts) is amended as follows.
2
In each of subsections (1) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”
.
3
In subsection (6), for “Monitor’s” substitute “NHS England’s”
.
I74I17774
In section 128 (health special administration orders), in subsection (2), for “Monitor” substitute “NHS England”
.
I75I17875
1
Section 130 (health special administration regulations) is amended as follows.
2
In subsection (5), for “Monitor” substitute “NHS England”
.
3
In subsection (6)—
a
in paragraphs (a) and (b), “Monitor” substitute “NHS England”;
b
in paragraph (c)—
i
for “Monitor” substitute “NHS England”
;
ii
omit “and the National Health Service Commissioning Board”;
c
in paragraph (d), for “Monitor” substitute “NHS England”
.
4
In subsection (11), for paragraphs (a) and (b) substitute “such persons as the Secretary of State considers appropriate”
.
I76I17976
In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for “Monitor” substitute “NHS England”
.
I77I18077
In section 132 (indemnities), for “Monitor” substitute “NHS England”
.
I78I18178
In section 134 (duty to establish mechanisms for providing financial assistance), in each of subsections (1) to (6), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I79I18279
1
Section 135 (power to establish fund) is amended as follows
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2)—
a
for “Monitor” substitute “NHS England”
;
b
for “commissioners” substitute “integrated care boards”
.
4
In each of subsections (3) and (5) to (8), for “Monitor” substitute “NHS England”
.
I80I18380
In section 136 (applications), in each of subsections (1) to (3) and (6) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I81I18481
In section 137 (grants and loans), in each of subsections (1) and (3) to (5), for “Monitor” substitute “NHS England”
.
I82I18582
1
Section 138 (power to impose charges on commissioners) is amended as follows.
2
For subsection (1) substitute—
1
The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.
1A
3
In subsection (3)(c), for “Monitor” substitute “NHS England”
.
4
In subsection (4), for “Monitor”, in both places it occurs, substitute “NHS England”
.
5
For subsection (5) substitute—
5
Before making regulations under this section, the Secretary of State must consult NHS England.
I83I18683
1
Section 139 (imposition of levy) is amended as follows.
2
In subsection (2)—
a
for “Monitor” substitute “NHS England”
;
b
in paragraph (b), for “commissioners” substitute “integrated care boards”
.
3
In subsection (3), for “Monitor” substitute “NHS England”
.
I84I18784
In section 140 (power of Secretary of State to set limit on levy and charges), in subsections (1)(a) and (2), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I85I18885
1
Section 141 (consultation) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (3)—
a
for “Monitor” substitute “NHS England”
;
b
omit paragraph (b).
4
In subsections (4), (5)(a), (6) and (8), for “Monitor” substitute “NHS England”
.
I86I18986
In section 143 (amount payable), in each of subsections (1), (4) to (6) and (8), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I87I19087
In section 144 (investment principles and reviews), in each of subsections (1) to (3), (4)(b) and (6), for “Monitor” substitute “NHS England”
.
I88I19188
In section 145 (borrowing), in subsections (1) and (2), for “Monitor” substitute “NHS England”
.
I89I19289
In section 146 (shortfall or excess of available funds, etc), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”
.
I90I19390
1
Section 148 (service of documents) is amended as follows.
2
In subsection (6)(a), for “Monitor” substitute “NHS England”
.
3
Omit subsection (9).
I91I19491
In section 149 (electronic communications), in each of subsections (2) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”
.
I92I19592
1
Section 150 is amended as follows.
2
In subsection (1)—
a
for the definition of “anti-competitive behaviour” substitute—
“anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour;
b
for the definitions of “health care” and “health care service” substitute—
“health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to “health care services” being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service;
c
for the definition of “the NHS” substitute—
“the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;
3
After subsection (1) insert—
1A
A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006.
I93I19693
In section 175 (objective of trust special administration), omit subsection (2).
I94I19794
1
Section 254 (powers to direct Information Centre to establish information systems) is amended as follows.
2
In subsection (3) for “NHS Services” substitute “health services”
.
3
Omit subsection (4).
I95I19895
In section 255 (powers to request Information Centre to establish information systems), in subsection (9), omit paragraph (a).
I96I19996
1
In section 288 (duty to co-operate with Care Quality Commission) is amended as follows.
2
In subsection (1), for “Monitor” substitute “NHS England”
.
3
In subsection (2)(a)—
a
for “Monitor”, in each place it occurs, substitute “NHS England”
;
b
after “any” insert “relevant”
.
4
After subsection (2) insert—
2A
In subsection (2)(a) “relevant information” means information held by NHS England in connection with—
a
b
its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).
I97I20097
1
Section 290 (other duties to co-operate) is amended as follows.
2
Omit subsection (1).
3
In subsection (3), omit paragraph (a).
4
Omit subsections (5) and (6).
I98I20198
In section 291 (breaches of duties to co-operate), in subsection (2)—
a
in paragraph (a), for “Monitor” substitute “NHS England”
;
b
for paragraph (b), substitute—
b
the duty under section 290(2),
c
in paragraph (a), for “Monitor” substitute “NHS England”
.
I99I20299
1
Section 304 (regulations, orders and directions) is amended as follows.
2
In subsection (5), omit paragraph (a).
3
In subsection (12)(a), omit sub-paragraph (i).
I100I203100
1
Schedule 11 (further provision about Monitor’s enforcement powers) is amended as follows.
2
In the heading, for “Monitor’s” substitute “NHS England’s”
.
3
In the following provisions for “Monitor”, in each place it occurs, substitute “NHS England”
—
a
paragraph 1(1), (2)(a), (d) and (e) and (4);
b
paragraph 2(1), (2), (3)(a) and (5);
c
paragraph 3(1) and (4)(b) and (c);
d
paragraph 4;
e
paragraph 5(1), (2), (5) and (6);
f
paragraph 6(1) and (4)(b);
g
paragraph 7(1);
h
paragraph 8;
i
paragraph 9(1), (2) and (3);
j
paragraph 10(1) and (2);
k
paragraph 11;
l
paragraph 12(1), (2), (3) and (4);
m
paragraph 13(1);
n
paragraph 14.
4
In paragraph 13(3), for “Monitor’s” substitute “NHS England’s”
.
I101I204101Local Audit and Accountability Act 2014
In Schedule 6 to the Local Audit and Accountability Act 2014 (codes of audit practice and guidance), in paragraph 10(4)(a), for “Monitor” substitute “NHS England”
.
I102I205102Mental Health Units (Use of Force) Act 2018
In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (b).
I103I206103Domestic Abuse Act 2021
In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (3), omit paragraph (q).