(This note is not part of the Order)
This Order amends three Acts of Parliament in consequence of the Health and Social Care Act 2012 (c. 7) (“the Act”). The majority of such amendments are made in the Act itself.
The amendment to section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) is in consequence of the fact that the Act confers the function of provision and commissioning of health services for England on a variety of bodies, rather than this being the function of the Secretary of State. It also ensures that that section refers correctly to the way in which services are provided in Wales.
The amendment to the Community Care (Delayed Discharges etc.) Act 2003 (c. 5) adds the National Health Service Commissioning Board and clinical commissioning groups to the definition of “NHS body” for the purposes of that Act. This means that those bodies will be subject to the duties in the 2003 Act in relation to the safe and timely discharge of patients from hospital. It will also mean that patients who are “qualifying hospital patients” for the purposes of the 2003 Act will include patients whose care in hospital (including independent hospitals) has been arranged by the National Health Service Commissioning Board or a clinical commissioning group.
The amendment to the National Health Service Act 2006 (c. 41) removes a reference to Primary Care Trusts from the heading to section 256 of that Act, which reflects the fact that Primary Care Trusts were abolished by section 34 of the Act.
A full impact assessment has not been produced for this instrument as the Order itself has no impact on the private sector or civil society organisations. A full Impact Assessment has been produced in relation to the provisions of the Act and a copy is available at www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_123583.