SCHEDULE 1Consequential Repeals and Amendments to Primary Legislation
National Health Service Act 20069
1
The 2006 Act is amended as follows.
2
In section 1F(2) (duty as to education and training)15, for “Health Education England” substitute “NHS England”
.
3
In section 1GA(2) (Secretary of State’s duty to report on workforce systems)16, omit “and Health Education England”.
4
In section 9(4) (NHS contracts)17, omit paragraph (kc).
5
In section 13J (duty to obtain appropriate advice)18—
a
the existing text becomes subsection (1);
b
after subsection (1), insert—
2
Subsection (1) does not apply in relation to NHS England’s education and training functions (see section 102 of the Care Act 2014 for the obtaining of advice in relation to those functions).
6
In section 13M (duty as to promoting education and training)19—
a
after “functions” insert “other than its education and training functions”
;
b
omit “the Secretary of State and Health Education England”.
7
In section 13N (duty as to promoting integration)20, after subsection (2) insert—
2A
Subsections (1) and (2) do not apply in relation to the exercise of NHS England’s education and training functions.
8
After section 13P (duty as respects variation in provision of health services), insert—
Duty to cooperate for education and training functions and specified functions13PA
1
NHS England must, in exercising its education and training functions, co-operate with the Secretary of State in the exercise of the public health functions of the Secretary of State.
2
Regulations may require NHS England and a person specified in those regulations to co-operate with each other in the exercise of—
a
NHS England’s education and training functions;
b
the functions of the specified person;
c
such of the functions in paragraphs (a) or (b) as may be specified.
9
In section 13U(2) (annual report)21—
a
omit the “and” after paragraph (c);
b
at the end of paragraph (d), insert—
, and
e
how effectively it has discharged its education and training functions including, in particular, the extent to which it has during the year achieved the outcomes set by the Secretary of State for the purpose of section 100(2) of the Care Act 2014.
10
In section 13YA (power of NHS England to provide assistance and support)22—
a
in subsection (1), after paragraph (b) insert—
c
any public authority, where the assistance or support is in relation to the education or training of health care workers.
b
after subsection (1), insert—
1A
In subsection (1), “health care workers” means persons in relation to whom the Secretary of State’s duty under section 1F(1) is to be performed.
c
in subsection (2), for “subsection (1)(a) or (b)” substitute “subsection (1)”
;
d
for subsection (3), substitute—
3
The assistance that may be provided under subsection (1)(a) or (c), or that may be provided under subsection (1)(b) to integrated care boards, also includes financial assistance.
e
after subsection (4), insert—
5
In this section, a reference to a public authority—
a
includes a public authority in the Channel Islands or the Isle of Man, but
b
subject to that, does not include a reference to a public authority outside the United Kingdom.
11
In section 14Z41 (duty to promote education and training)23, for “Health Education England” substitute “NHS England”
.
12
In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies)24, omit paragraph (dc).
13
In section 72 (co-operation between NHS bodies)25, omit subsection (4).
14
In section 247C (Secretary of State’s duty to keep health service functions under review)26, in subsection (2), omit paragraph (ea).
15
In section 275 (interpretation), after the definition of “dental practitioner”, insert—
“education and training functions”, in relation to NHS England, means the functions conferred on it—
- a
by section 296A of the Health and Social Care Act 201227 or under arrangements made under that section, or
- b
by or under Chapter 1 of Part 3 of the Care Act 2014.