Health and Social Care Act 2012 c. 7

Health and Social Care Act 2012

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Health and Social Care Act 2012
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UK Public General Acts
2012 c. 7
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Introductory Text
PART 1 The health service in England
The health service: overview
1.
Secretary of State’s duty to promote comprehensive health service
2.
The Secretary of State’s duty as to improvement in quality of services
3.
The Secretary of State’s duty as to the NHS Constitution
4.
The Secretary of State’s duty as to reducing inequalities
5.
The Secretary of State’s duty as to promoting autonomy
6.
The Secretary of State’s duty as to research
7.
The Secretary of State’s duty as to education and training
8.
Secretary of State’s duty as to reporting on and reviewing treatment of providers
9.
The NHS Commissioning Board
10.
Clinical commissioning groups
Arrangements for provision of health services
11.
The Secretary of State’s duty as to protection of public health
12.
Duties as to improvement of public health
13.
Duties of clinical commissioning groups as to commissioning certain health services
14.
Power of clinical commissioning groups as to commissioning certain health services
15.
Power to require Board to commission certain health services
16.
Secure psychiatric services
17.
Other services etc. provided as part of the health service
18.
Regulations as to the exercise by local authorities of certain public health functions
19.
Regulations relating to EU obligations
20.
Regulations as to the exercise of functions by the Board or clinical commissioning groups
21.
Functions of Special Health Authorities
22.
Exercise of public health functions of the Secretary of State
Further provision about the Board
23.
The NHS Commissioning Board: further provision
24.
Financial arrangements for the Board
Further provision about clinical commissioning groups
25.
Clinical commissioning groups: establishment etc.
26.
Clinical commissioning groups: general duties etc.
27.
Financial arrangements for clinical commissioning groups
28.
Requirement for primary medical services provider to belong to clinical commissioning group
Further provision about local authorities’ role in the health service
29.
Other health service functions of local authorities under the 2006 Act
30.
Appointment of directors of public health
31.
Exercise of public health functions of local authorities
32.
Complaints about exercise of public health functions by local authorities
Abolition of Strategic Health Authorities and Primary Care Trusts
33.
Abolition of Strategic Health Authorities
34.
Abolition of Primary Care Trusts
Functions relating to fluoridation of water
35.
Fluoridation of water supplies
36.
Procedural requirements in connection with fluoridation of water supplies
37.
Fluoridation of water supplies: transitional provision
Functions relating to mental health matters
38.
Approval functions
39.
Discharge of patients
40.
After-care
41.
Provision of pocket money for in-patients
42.
Transfers to and from special hospitals
43.
Independent mental health advocates
44.
Patients’ correspondence
45.
Notification of hospitals having arrangements for special cases
Emergency powers
46.
Role of the Board and clinical commissioning groups in respect of emergencies
47.
Secretary of State’s emergency powers
Miscellaneous
48.
New Special Health Authorities
49.
Primary care services: directions as to exercise of functions
50.
Charges in respect of certain public health functions
51.
Pharmaceutical services expenditure
52.
Secretary of State’s duty to keep health service functions under review
53.
Secretary of State’s annual report
54.
Certification of death
55.
Amendments related to Part 1 and transitional provision
PART 2 Further provision about public health
56.
Abolition of Health Protection Agency
57.
Functions in relation to biological substances
58.
Radiation protection functions
59.
Repeal of AIDS (Control) Act 1987
60.
Co-operation with bodies exercising functions in relation to public health
PART 3 Regulation of health and adult social care services
CHAPTER 1 Monitor
61.
Monitor
62.
General duties
63.
Secretary of State’s guidance on duty under section 62(9)
64.
General duties: supplementary
65.
Power to give Monitor functions relating to adult social care services
66.
Matters to have regard to in exercise of functions
67.
Conflicts between functions
68.
Duty to review regulatory burdens
69.
Duty to carry out impact assessments
70.
Information
71.
Failure to perform functions
CHAPTER 2 Competition
72.
Functions under the Competition Act 1998
73.
Functions under Part 4 of the Enterprise Act 2002
74.
Competition functions: supplementary
75.
Requirements as to procurement, patient choice and competition
76.
Requirements under section 75: investigations, declarations and directions
77.
Requirements under section 75: undertakings
78.
Guidance
79.
Mergers involving NHS foundation trusts
80.
Co-operation with the Office of Fair Trading
CHAPTER 3 Licensing
Licensing requirement
81.
Requirement for health service providers to be licensed
82.
Deemed breach of requirement to be licensed
83.
Exemption regulations
84.
Exemption regulations: supplementary
Licensing procedure
85.
Application for licence
86.
Licensing criteria
87.
Grant or refusal of licence
88.
Application and grant: NHS foundation trusts
89.
Revocation of licence
90.
Right to make representations
91.
Notice of decisions
92.
Appeals to the Tribunal
93.
Register of licence holders
Licence conditions
94.
Standard conditions
95.
Special conditions
96.
Limits on Monitor’s functions to set or modify licence conditions
97.
Conditions: supplementary
98.
Conditions relating to the continuation of the provision of services etc.
99.
Notification of commissioners where continuation of services at risk
100.
Modification of standard conditions
101.
Modification references to the Competition Commission
102.
Modification of conditions by order under other enactments
103.
Standard condition as to transparency of certain criteria
Enforcement
104.
Power to require documents and information
105.
Discretionary requirements
106.
Enforcement undertakings
107.
Further provision about enforcement powers
108.
Guidance as to use of enforcement powers
109.
Publication of enforcement action
110.
Notification of enforcement action
Transitional provision
111.
Imposition of licence conditions on NHS foundation trusts
112.
Duration of transitional period
113.
Orders under section 112: criteria for deciding applicable trusts
114.
Repeal of sections 112 and 113
CHAPTER 4 Pricing
115.
Price payable by commissioners for NHS services
116.
The national tariff
117.
The national tariff: further provision
118.
Consultation on proposals for the national tariff
119.
Consultation: further provision
120.
Responses to consultation
121.
Determination on reference under section 120
122.
Changes following determination on reference under section 120
123.
Power to veto changes proposed under section 122
124.
Local modifications of prices: agreements
125.
Local modifications of prices: applications
126.
Applications under section 125: notification of commissioners
127.
Correction of mistakes
CHAPTER 5 Health special administration
128.
Health special administration orders
129.
Objective of a health special administration
130.
Health special administration regulations
131.
Transfer schemes
132.
Indemnities
133.
Modification of this Chapter under Enterprise Act 2002
CHAPTER 6 Financial assistance in special administration cases
Establishment of mechanisms
134.
Duty to establish mechanisms for providing financial assistance
135.
Power to establish fund
Applications for financial assistance
136.
Applications
137.
Grants and loans
Charges on commissioners
138.
Power to impose charges on commissioners
Levy on providers
139.
Imposition of levy
140.
Power of Secretary of State to set limit on levy and charges
141.
Consultation
142.
Responses to consultation
143.
Amount payable
Supplementary
144.
Investment principles and reviews
145.
Borrowing
146.
Shortfall or excess of available funds, etc.
CHAPTER 7 Miscellaneous and general
147.
Secretary of State’s duty as respects variation in provision of health services
148.
Service of documents
149.
Electronic communications
150.
Interpretation, transitional provision and consequential amendments
PART 4 NHS foundation trusts & NHS trusts
Governance and management
151.
Governors
152.
Directors
153.
Members
154.
Accounts: initial arrangements
155.
Accounts: variations to initial arrangements
156.
Annual report and forward plan
157.
Meetings
158.
Voting
Foundation trust status
159.
Authorisation
160.
Bodies which may apply for foundation trust status
161.
Amendment of constitution
162.
Panel for advising governors
Finance
163.
Financial powers etc.
Functions
164.
Goods and services
165.
Private health care
166.
Information
167.
Significant transactions
Mergers, acquisitions, separations and dissolution
168.
Mergers
169.
Acquisitions
170.
Separations
171.
Dissolution
172.
Supplementary
Failure
173.
Repeal of de-authorisation provisions
174.
Trust special administrators
175.
Objective of trust special administration
176.
Procedure etc.
177.
Action following final report
178.
Sections 174 to 177: supplementary
Abolition of NHS trusts
179.
Abolition of NHS trusts in England
180.
Repeal of provisions on authorisation for NHS foundation trusts
PART 5 Public involvement and local government
CHAPTER 1 Public involvement
Healthwatch England
181.
Healthwatch England
Local Healthwatch organisations
182.
Activities relating to local care services
183.
Local authority arrangements
184.
Local arrangements: power to make further provision
185.
Independent advocacy services
186.
Requests, rights of entry and referrals
187.
Annual reports
188.
Transitional arrangements
189.
Consequential provision
CHAPTER 2 Local government
Scrutiny functions of local authorities
190.
Scrutiny functions of local authorities
191.
Amendments consequential on section 190
Joint strategic needs assessments and strategies
192.
Joint strategic needs assessments
193.
Joint health and wellbeing strategies
Health and Wellbeing Boards: establishment
194.
Establishment of Health and Wellbeing Boards
Health and Wellbeing Boards: functions
195.
Duty to encourage integrated working
196.
Other functions of Health and Wellbeing Boards
Health and Wellbeing Boards: supplementary
197.
Participation of NHS Commissioning Board
198.
Discharge of functions of Health and Wellbeing Boards
199.
Supply of information to Health and Wellbeing Boards
Care Trusts
200.
Care Trusts
CHAPTER 3 The Health Service Commissioner for England
201.
Disclosure of reports etc. by the Health Service Commissioner
PART 6 Primary care services
202.
Medical services: minor amendments
203.
Persons eligible to enter into general dental services contracts
204.
Arrangements under section 107 of the National Health Service Act 2006
205.
Payments in respect of costs of sight tests
206.
Pharmaceutical needs assessments
207.
Control of entry on pharmaceutical lists
208.
Lists of performers of pharmaceutical services and assistants etc.
PART 7 Regulation of health and social care workers
Orders under section 60 of the Health Act 1999
209.
Power to regulate social workers etc. in England
210.
Training etc. of approved mental health professionals in England
211.
Orders regulating social care workers in England: further provision
The General Social Care Council
212.
Abolition of the General Social Care Council
The Health and Care Professions Council
213.
Regulation of social workers in England
214.
The Health and Care Professions Council
215.
Functions of the Council in relation to social work in England
216.
Appeals in cases involving social workers in England
217.
Approval of courses for approved mental health professionals
218.
Exercise of function of approving courses, etc.
219.
Arrangements with other health or social care regulators
220.
References in enactments to registered health professionals, etc.
Role of the Secretary of State
221.
Functions of the Secretary of State in relation to social care workers
The Professional Standards Authority for Health and Social Care
222.
The Professional Standards Authority for Health and Social Care
223.
Functions of the Authority
224.
Funding of the Authority
225.
Power to advise regulatory bodies, investigate complaints, etc.
226.
Accountability and governance
227.
Appointments to regulatory bodies
228.
Establishment of voluntary registers
229.
Accreditation of voluntary registers
Consequential provision etc.
230.
Consequential provisions and savings, etc.
The Office of the Health Professions Adjudicator
231.
Abolition of the Office of the Health Professions Adjudicator
PART 8 The National Institute for Health and Care Excellence
Establishment and general duties
232.
The National Institute for Health and Care Excellence
233.
General duties
Functions: quality standards
234.
Quality standards
235.
Supply of quality standards to other persons
236.
Advice or guidance to the Secretary of State or the Board
Functions: advice, guidance etc.
237.
Advice, guidance, information and recommendations
238.
NICE recommendations: appeals
239.
Training
240.
Advisory services
241.
Commissioning guidance
Functions: other
242.
NICE’s charter
243.
Additional functions
244.
Arrangements with other bodies
245.
Failure by NICE to discharge any of its functions
246.
Protection from personal liability
Supplementary
247.
Interpretation of this Part
248.
Dissolution of predecessor body
249.
Consequential and transitional provision
PART 9 Health and adult social care services: information
CHAPTER 1 Information standards
250.
Powers to publish information standards
251.
Information standards: supplementary
CHAPTER 2 The Health and Social Care Information Centre
Establishment and general duties
252.
The Health and Social Care Information Centre
253.
General duties
Functions: information systems
254.
Powers to direct Information Centre to establish information systems
255.
Powers to request Information Centre to establish information systems
256.
Requests for collection under section 255: confidential information
257.
Requests under section 255: supplementary
258.
Information systems: supplementary
259.
Powers to require and request provision of information
260.
Publication of information
261.
Other dissemination of information
262.
Other dissemination: directions and requests under sections 254 and 255
263.
Code of practice on confidential information
264.
Information Register
265.
Advice or guidance
Functions: quality of health and social care information
266.
Assessment of quality of information
267.
Power to establish accreditation scheme
Functions: other
268.
Database of quality indicators
269.
Power to confer functions in relation to identification of GPs
270.
Additional functions
271.
Arrangements with other bodies
272.
Failure by Information Centre to discharge any of its functions
273.
Protection from personal liability
General and supplementary
274.
Powers of Secretary of State or Board to give directions
275.
Interpretation of this Chapter
276.
Dissolution of predecessor body
277.
Consequential provision
PART 10 Abolition of certain public bodies etc
278.
The Alcohol Education and Research Council
279.
The Appointments Commission
280.
The National Information Governance Board for Health and Social Care
281.
The National Patient Safety Agency
282.
The NHS Institute for Innovation and Improvement
283.
Standing advisory committees
PART 11 Miscellaneous
Information relating to births and deaths etc.
284.
Special notices of births and deaths
285.
Provision of information by Registrar General
286.
Provision of information by Registrar General: Wales
287.
Provision of statistical information by Statistics Board
Duties to co-operate
288.
Monitor: duty to co-operate with Care Quality Commission
289.
Care Quality Commission: duty to co-operate with Monitor
290.
Other duties to co-operate
291.
Breaches of duties to co-operate
The Care Quality Commission
292.
Requirement for Secretary of State to approve remuneration policy etc.
293.
Conduct of reviews etc.
294.
Failure to discharge functions
Arrangements with devolved authorities etc.
295.
Arrangements between the Board and Northern Ireland Ministers
296.
Arrangements between the Board and Scottish Ministers etc.
297.
Relationships between the health services
298.
Advice or assistance to public authorities in the Isle of Man or Channel Islands
Supervised community treatment under the Mental Health Act 1983
299.
Certificate of consent of community patients to treatment
Transfer schemes
300.
Transfer schemes
301.
Transfer schemes: supplemental
302.
Subsequent property transfer schemes
PART 12 Final provisions
303.
Power to make consequential provision
304.
Regulations, orders and directions
305.
Financial provision
306.
Commencement
307.
Commencement: consultation with Scottish Ministers
308.
Extent
309.
Short title
SCHEDULES
SCHEDULE 1
The National Health Service Commissioning Board
SCHEDULE 2
Clinical commissioning groups
SCHEDULE 3
Pharmaceutical remuneration
SCHEDULE 4
Amendments of the National Health Service Act 2006
PART 1 The health service in England
1.
(1) For section 2 substitute— General power The Secretary of State, the Board or a clinical commissioning...
2.
(1) Section 6 (performance of functions outside England) is amended...
3.
(1) Section 6A (reimbursement of cost of services provided in...
4.
(1) Section 6B (prior authorisation for the purposes of section...
5.
(1) In section 8 (Secretary of State’s directions to health...
6.
(1) Section 9 (NHS contracts) is amended as follows.
7.
In section 11 (arrangements to be treated as NHS contracts),...
8.
(1) Section 12 (arrangements with other bodies) is amended as...
9.
After section 12 insert— Commissioning arrangements by the Board or...
10.
(1) Section 12A (direct payments for health care) is amended...
11.
(1) Section 12B (regulations about direct payments) is amended as...
12.
In section 12D (arrangements with other bodies relating to direct...
PART 2 NHS Bodies
13.
In section 28 (special health authorities), omit subsection (6).
14.
In section 29 (exercise of Special Health Authority functions), in...
15.
Omit Chapter 5B of Part 2 (trust special administrators: Primary...
16.
In section 67 (effect of intervention orders), in subsection (1)—...
17.
In section 70 (transfer of residual liabilities)—
18.
(1) Section 71 (schemes for meeting losses and liabilities in...
19.
In section 73 (directions and regulations), in subsection (1) omit...
20.
Omit Schedule 2.
21.
Omit Schedule 3.
22.
(1) Schedule 4 (NHS trusts) is amended as follows.
23.
(1) Schedule 6 (special health authorities established under section 28)...
PART 3 Local authorities
24.
In section 74 (supply of goods and services by local...
25.
In section 76 (power of local authorities to make payments),...
26.
In section 77 (Care Trusts), in each of subsections (1)(a),...
27.
In section 78 (directed partnership agreements), in subsection (3)—
28.
(1) Section 80 (supply of goods and services by the...
29.
(1) Section 81 (conditions of supply under section 80) is...
PART 4 Medical services
30.
(1) Section 83 (duty relating to primary medical services) is...
31.
(1) Section 84 (general medical services contracts: introductory) is amended...
32.
In section 86 (persons eligible to enter into general medical...
33.
In section 87 (general medical services contracts: payments), in subsection...
34.
(1) In section 89 (general medical services contracts: required terms),...
35.
(1) Section 91 (persons performing primary medical services) is amended...
36.
(1) Section 92 (arrangements by Strategic Health Authorities for the...
37.
(1) Section 93 (participants in section 92 arrangements) is amended...
38.
(1) Section 94 (regulations about section 92 arrangements) is amended...
39.
Omit section 95 (transfer of liabilities relating to section 92...
40.
(1) Section 96 (assistance and support) is amended as follows....
41.
(1) Section 97 (Local Medical Committees) is amended as follows....
PART 5 Dental services
42.
(1) Section 99 (duty relating to primary dental services) is...
43.
(1) Section 100 (general dental services contracts: introductory) is amended...
44.
In section 102 (persons eligible to enter into general dental...
45.
In section 103 (general dental services contracts: payments), in subsection...
46.
In section 104 (general dental services contracts: required terms), in...
47.
(1) Section 106 (persons performing primary dental services) is amended...
48.
(1) Section 107 (arrangements by Strategic Health Authorities for the...
49.
(1) Section 108 (participants in section 107 arrangements) is amended...
50.
(1) Section 109 (regulations about section 107 arrangements) is amended...
51.
Omit section 110 (transfer of liabilities relating to section 107...
52.
(1) Section 112 (assistance and support) is amended as follows....
53.
(1) Section 113 (Local Dental Committees) is amended as follows....
PART 6 Ophthalmic services
54.
(1) Section 115 (duty relating to primary ophthalmic services) is...
55.
(1) Section 117 (general ophthalmic services contracts: introductory) is amended...
56.
In section 118 (persons eligible to enter into general ophthalmic...
57.
In section 119 (exclusion of contractors), for “a Primary Care...
58.
In section 120 (general ophthalmic services contracts: payments), in subsection...
59.
In section 121 (general ophthalmic services contracts: other required terms),...
60.
(1) Section 123 (persons performing primary ophthalmic services) is amended...
61.
(1) Section 124 (primary ophthalmic services: assistance and support) is...
62.
(1) Section 125 (Local Optical Committees) is amended as follows....
PART 7 Pharmaceutical services
63.
(1) Section 126 (arrangements for pharmaceutical services) is amended as...
64.
(1) Section 127 (arrangements for additional pharmaceutical services) is amended...
65.
(1) Section 128 (terms and conditions of arrangements under section...
66.
(1) Section 129 (regulations as to pharmaceutical services) is amended...
67.
In section 130 (regulations about appeals from decisions on applications...
68.
(1) Section 131 (power to charge fee to applicants) is...
69.
(1) Section 132 (persons authorised to provide pharmaceutical services) is...
70.
(1) Section 133 (inadequate provision of pharmaceutical services) is amended...
71.
(1) Section 134 (pilot schemes) is amended as follows.
72.
In section 136 (designation of priority neighbourhoods or premises), in...
73.
In section 137 (reviews of pilot schemes), in subsection (3)(a),...
74.
(1) Section 138 (variation and termination of pilot schemes) is...
75.
(1) Section 140 (funding of preparatory work) is amended as...
76.
(1) In section 144 (local pharmaceutical services schemes)—
77.
(1) Section 148 (conditional inclusion in pharmaceutical lists) is amended...
78.
(1) Section 150A (notices and penalties) is amended as follows....
79.
(1) Section 151 (disqualification of practitioners) is amended as follows....
80.
(1) Section 152 (contingent removal) is amended as follows.
81.
In section 154 (suspension), in subsections (1), (3), (4), (6)(b)...
82.
(1) Section 155 (suspension pending removal) is amended as follows....
83.
(1) Section 157 (review of decisions) is amended as follows....
84.
(1) Section 158 (appeals) is amended as follows.
85.
(1) Section 159 (national disqualification) is amended as follows.
86.
In section 160 (notification of decisions), for “a Primary Care...
87.
In section 161 (withdrawal from lists), in paragraphs (a) and...
88.
(1) Section 162 (regulations about decisions under Chapter 6 of...
89.
(1) Section 164 (remuneration for persons providing pharmaceutical services) is...
90.
(1) Section 166 (indemnity cover) is amended as follows.
91.
(1) Section 167 (local pharmaceutical committees) is amended as follows....
92.
(1) Schedule 11 (pilot schemes) is amended as follows.
93.
(1) Schedule 12 (LPS schemes) is amended as follows.
PART 8 Charging
94.
In section 176 (dental charging)— (a) in subsection (3), for...
95.
In section 177 (exemptions from dental charging), in subsection (4),...
96.
(1) Section 180 (payments in respect of costs of optical...
97.
(1) Section 181 (provision supplementary to section 180) is amended...
98.
(1) Section 183 (payment of travelling expenses) is amended as...
99.
In section 185 (charges for more expensive supplies), in subsection...
100.
In section 186 (charges for repairs and replacements in certain...
101.
In section 187 (charges for designated services or facilities) for...
102.
In section 188 (sums otherwise payable to those providing services),...
PART 9 Fraud etc.
103.
(1) Section 195 (compulsory disclosure of documents) is amended as...
104.
(1) Section 196 (persons and bodies about which provision is...
105.
(1) Section 197 (notice requiring production of documents) is amended...
106.
In section 201 (disclosure of information), in subsection (3)(a) for...
107.
(1) Section 210 (interpretation of Part 10) is amended as...
PART 10 Property and finance
108.
(1) Section 211 (acquisition, use and maintenance of property) is...
109.
In section 213 (transfers of trust property), in subsection (2)(c)—...
110.
(1) Section 214 (transfer of functions and property to or...
111.
(1) Section 215 (trustees and property under section 222) is...
112.
In section 216 (application of trust property: further provisions), in...
113.
In section 217 (trusts: supplementary provisions), in subsection (1)—
114.
In section 218 (private trusts for hospitals), in subsection (4)—...
115.
In section 220 (trust property previously held for general hospital...
116.
(1) Section 222 (power to raise money) is amended as...
117.
(1) In section 223 (formation of companies), in each of...
118.
Omit section 224 (means of meeting expenditure of Strategic Health...
119.
(1) Section 226 (financial duties of Strategic Health Authorities and...
120.
(1) Section 227 (resource limits for Strategic Health Authorities and...
121.
Omit sections 228 to 231 (funding of Primary Care Trusts...
122.
In section 234 (special arrangement as to payment of remuneration),...
123.
(1) Section 236 (payment for medical examination before application for...
124.
Omit Schedule 14 (further provision about expenditure of Primary Care...
125.
(1) Schedule 15 (accounts and audits) is amended as follows....
PART 11 Public involvement and scrutiny
126.
(1) Section 242 (public involvement and consultation) is amended as...
127.
Omit sections 242A and 242B (duties of Strategic Health Authorities...
PART 12 Miscellaneous
128.
After section 254 insert— Support functions of the Secretary of...
129.
(1) Section 256 (power of Primary Care Trusts to make...
130.
In section 257 (payments in respect of voluntary organisations under...
131.
(1) Section 258 (university clinical teaching and research) is amended...
132.
(1) Section 259 (sale of medical practices) is amended as...
133.
Omit section 268 (persons displaced by health service development), and...
134.
In section 271 (territorial limit of exercise of functions), in...
135.
After section 271 insert— Services to be treated as services...
136.
(1) Section 272 (orders, regulations, rules and directions) is amended...
137.
(1) Section 273 (further provision about orders and directions) is...
138.
(1) Section 275 (interpretation) is amended as follows.
139.
(1) Section 276 (index of defined expressions) is amended as...
SCHEDULE 5
Part 1: amendments of other enactments
1.
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
2.
National Assistance Act 1948 (c. 29)
3.
(1) Section 24 (local authority’s liability for provision of accommodation)...
4.
In section 26 (provision of accommodation in premises maintained by...
5.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
6.
Public Records Act 1958 (c. 51)
7.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
8.
Parliamentary Commissioner Act 1967 (c. 13)
9.
Abortion Act 1967 (c. 87)
10.
Leasehold Reform Act 1967 (c. 88)
11.
Health Services and Public Health Act 1968 (c. 46)
12.
(1) Section 63 (provision of instruction for officers of hospital...
13.
In section 64 (financial assistance to certain voluntary organisations), in...
14.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
15.
Local Authority Social Services Act 1970 (c. 42)
16.
Chronically Sick and Disabled Persons Act 1970 (c. 44)
17.
Local Government Act 1972 (c. 70)
18.
Local Government Act 1974 (c. 7)
19.
Health and Safety at Work etc. Act 1974 (c. 37)
20.
House of Commons Disqualification Act 1975 (c. 24)
21.
Acquisition of Land Act 1981 (c. 67)
22.
In section 16 (land excluded from compulsory purchase), in subsection...
23.
In section 17 (special parliamentary procedure applying to compulsory purchase...
24.
Mental Health Act 1983 (c. 20)
25.
In section 19 (regulations as to transfers of patients), in...
26.
In section 23 (discharge of patients), in subsection (5)(a)—
27.
In section 32 (regulations for purposes of Part 2 of...
28.
(1) Section 39 (power of court to request information from...
29.
In section 134 (patients’ correspondence), in subsection (3)(e)—
30.
In section 139 (protection for acts done in pursuance of...
31.
(1) In section 145 (interpretation), in subsection (1)—
32.
Public Health (Control of Disease) Act 1984 (c. 22)
33.
Dentists Act 1984 (c. 24)
34.
In section 26B (guidance for dentists), in subsection (8) omit...
35.
In section 36M (guidance for dental care professionals), in subsection...
36.
In section 40 (definition of “business of dentistry”), in subsection...
37.
In section 50D (rules: consultation), in subsection (4) omit paragraph...
38.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
39.
In section 2 (rights of authorised representatives of disabled persons)—...
40.
In section 7 (persons discharged from hospital), in subsection (9)—...
41.
In section 11 (reports to Parliament)— (a) in subsection (1ZA)...
42.
In section 16 (interpretation), in subsection (1)—
43.
Dartford-Thurrock Crossing Act 1988 (c. 20)
44.
Copyright, Designs and Patents Act 1988 (c. 48)
45.
Health and Medicines Act 1988 (c. 49)
46.
Road Traffic Act 1988 (c. 52)
47.
Children Act 1989 (c. 41)
48.
In section 21 (provision of accommodation for children in police...
49.
In section 24 (persons qualifying for advice and assistance), in...
50.
In section 24C (information), in subsection (2)—
51.
In section 27 (co-operation between authorities), in subsection (3)—
52.
In section 29 (recoupment of cost of providing services), in...
53.
In section 47 (local authority’s duty to investigate), in subsection...
54.
In section 80 (inspection of children’s homes)—
55.
In section 85 (children accommodated by health authorities)—
56.
(1) Section 105 (interpretation) is amended as follows.
57.
Local Government and Housing Act 1989 (c. 42)
58.
National Health Service and Community Care Act 1990 (c. 19)
59.
In section 47 (assessment of needs for community care services),...
60.
In section 49 (transfer of staff to local authorities), in...
61.
In section 60 (removal of crown immunities), in subsection (7)—...
62.
Access to Health Records Act 1990 (c. 23)
63.
In section 1, in subsection (2) (meaning of “holder” in...
64.
In section 11 (interpretation)— (a) in the definition of “health...
65.
London Local Authorities Act 1991 (c. xiii)
66.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
67.
Health Service Commissioners Act 1993 (c. 46)
68.
In section 2 (health service bodies subject to investigation), in...
69.
In section 2A (health service providers subject to investigation), in...
70.
(1) Section 14 (reports etc. by the Commissioner) is amended...
71.
Health Authorities Act 1995 (c. 17)
72.
Employment Rights Act 1996 (c. 18)
73.
In section 43K (extension of meaning of “worker” etc for...
74.
In section 50 (right to time off for public duties),...
75.
In section 218 (change of employer), in subsection (10)—
76.
Housing Grants, Construction and Regeneration Act 1996 (c. 53)
77.
Education Act 1996 (c. 56)
78.
(1) Section 322 (duty of certain bodies to help local...
79.
(1) Section 332 (duty of certain NHS bodies to notify...
80.
In section 579 (general interpretation), in subsection (1) in the...
81.
Audit Commission Act 1998 (c. 18)
82.
Data Protection Act 1998 (c. 29)
83.
Crime and Disorder Act 1998 (c. 37)
84.
In section 5 (authorities responsible for crime and disorder strategies),...
85.
In section 38 (local provision of youth justice services), in...
86.
In section 39 (Youth Offending Teams), in subsection (3)(b)—
87.
In that section, in subsection (5)(d)— (a) after “nominated by”...
88.
In section 41 (the Youth Justice Board), in subsection (10)—...
89.
In section 42 (supplementary provisions), in subsection (3)—
90.
In section 115, in subsection (2) (disclosure of information to...
91.
Health Act 1999 (c. 8)
92.
In section 61 (English and Scottish border provisions)—
93.
In Schedule 4 (amendments relating to Primary Care Trusts)—
94.
Greater London Authority Act 1999 (c. 29)
95.
Care Standards Act 2000 (c. 14)
96.
Government Resources and Accounts Act 2000 (c. 20)
97.
Local Government Act 2000 (c. 22)
98.
Regulation of Investigatory Powers Act 2000 (c. 23)
99.
Freedom of Information Act 2000 (c. 36)
100.
International Development Act 2002 (c. 1)
101.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
102.
Omit Schedule 1 (English health authorities: change of name to...
103.
Omit Schedule 2 (consequential amendments concerning the reallocation of functions...
104.
Adoption and Children Act 2002 (c. 38)
105.
In section 4 (assessments etc for adoption support services), in...
106.
In section 8 (bodies which cannot be adoption support agencies),...
107.
Nationality, Immigration and Asylum Act 2002 (c. 41)
108.
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
109.
In section 1 (meaning of “NHS body” and “qualifying hospital...
110.
In section 9 (dispute resolution)— (a) in subsection (1) omit...
111.
Licensing Act 2003 (c. 17)
112.
In section 5(3) (statement of licensing policy)—
113.
In section 13(4) (authorised persons, interested parties and responsible authorities)—...
114.
In section 16 (applicant for premises licence), in subsection (3),...
115.
In section 69(4) (authorised persons, interested parties and responsible authorities)—...
116.
In section 172B(4) (procedural requirements for early morning alcohol restriction...
117.
Sexual Offences Act 2003 (c. 42)
118.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
119.
In section 71 (reporting to Secretary of State and regulator)—...
120.
In section 113 (complaints about health care), in subsection (1),...
121.
In section 148 (interpretation of Part 2), in the definition...
122.
In section 160 (provision of information)— (a) in subsection (1),...
123.
In section 165 (power to apply provisions about recovery of...
124.
Criminal Justice Act 2003 (c. 44)
125.
Carers (Equal Opportunities) Act 2004 (c. 15)
126.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
127.
Children Act 2004 (c. 31)
128.
In section 10 (co-operation to improve wellbeing), in subsection (4)—...
129.
In section 11 (arrangements to safeguard and promote welfare), in...
130.
In section 12A (establishment of children’s trust boards), after subsection...
131.
In section 13 (establishment of Local Safeguarding Children Boards), in...
132.
Civil Contingencies Act 2004 (c. 36)
133.
Mental Capacity Act 2005 (c. 9)
134.
In section 35 (appointment of independent mental capacity advocates)—
135.
In section 64 (interpretation), in subsection (1) in the definition...
136.
(1) Schedule A1 (hospital and care home residents: deprivation of...
137.
Childcare Act 2006 (c. 21)
138.
Emergency Workers (Obstruction) Act 2006 (c. 39)
139.
National Health Service (Consequential Provisions) Act 2006 (c. 43)
140.
NHS Redress Act 2006 (c. 44)
141.
In section 1, in subsection (3)— (a) after paragraph (a)...
142.
In section 18 (interpretation), in subsection (1) omit the definition...
143.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
144.
In section 6 (regulated activity providers)— (a) omit subsection (8D),...
145.
In section 17 (NHS employment) in subsection (3)—
146.
In section 22 (controlled activity relating to vulnerable adults), in...
147.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
148.
Local Government and Public Involvement in Health Act 2007 (c. 28)
149.
(1) Section 222 (arrangements relating to local care services) is...
150.
In section 224 (duties of services-providers to respond to local...
151.
In section 225 (duties of services-providers to allow entry by...
152.
In section 227 (annual reports), in subsection (4)(b)—
153.
Criminal Justice and Immigration Act 2008 (c. 4)
154.
Health and Social Care Act 2008 (c. 14)
155.
In section 30 (urgent procedure for cancellation), in subsection (3)—...
156.
In section 39 (bodies required to be notified of certain...
157.
In section 46 (reviews and investigations)— (a) omit subsection (1),...
158.
In section 48 (special reviews and investigations)—
159.
In section 49 (power to extend periodic review function), in...
160.
In section 54 (studies as to economy, efficiency etc)—
161.
In section 59 (additional functions) at the end insert—
162.
In section 64 (power to require documents and information), in...
163.
In section 70 (co-operation between the Care Quality Commission and...
164.
In section 72 (provision of material to the Comptroller and...
165.
In section 81 (publication of programme of reviews etc), in...
166.
(1) Section 97 (general interpretation of Part 1) is amended...
167.
In section 153 (directions to certain NHS bodies) in subsection...
168.
Education and Skills Act 2008 (c. 25)
169.
In section 16 (supply of information by public bodies), in...
170.
In section 77 (supply of information by public bodies), in...
171.
Autism Act 2009 (c. 15)
172.
Local Democracy, Economic Development and Construction Act 2009 (c. 20)
173.
Health Act 2009 (c. 21)
174.
In each of the following provisions for “NHS services” substitute...
175.
(1) Section 2 (duty to have regard to NHS constitution)...
176.
(1) Section 3 (availability and review of NHS constitution) is...
177.
(1) Section 8 (duty of providers to publish information) is...
178.
In section 9 (supplementary provision about the duty to publish...
179.
In section 36 (disclosure of information by Her Majesty’s Revenue...
180.
Equality Act 2010 (c. 15)
181.
In section 1 (public sector duty regarding socio-economic inequalities), in...
182.
In Part 1 of Schedule 19 (bodies subject to public...
183.
Child Poverty Act 2010 (c. 9)
184.
Charities Act 2011 (c. 25)
SCHEDULE 6
Part 1: transitional provision
1.
Interpretation
2.
Modification of requirements as to consultation
3.
Directions under section 7 of the 2006 Act
4.
(1) This paragraph applies if section 21 is commenced before...
5.
(1) Sub-paragraph (2) applies in relation to any direction given...
6.
Any reference in paragraphs 3 to 5 to the commencement...
7.
Exercise of Secretary of State’s functions in relation to Primary Care Trusts
8.
Conditional establishment of clinical commissioning groups
9.
Exercise of functions of clinical commissioning groups during initial period
10.
Preparatory work by clinical commissioning groups
11.
Arrangements between PCTs and clinical commissioning groups during initial period
12.
Power to make payments to the Board during initial period
13.
Support for clinical commissioning groups during initial period
SCHEDULE 7
Abolition of the Health Protection Agency: consequential amendments
1.
Parliamentary Commissioner Act 1967 (c. 13)
2.
Superannuation Act 1972 (c. 11)
3.
Local Government Act 1972 (c. 70)
4.
Health and Safety at Work etc. Act 1974 (c. 37)
5.
In section 16 (approval of codes of practice), in subsection...
6.
In section 50 (exercise of certain powers to make regulations),...
7.
House of Commons Disqualification Act 1975 (c. 24)
8.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
9.
Employment Rights Act 1996 (c. 18)
10.
Freedom of Information Act 2000 (c. 36)
11.
International Development Act 2002 (c. 1)
12.
Nationality, Immigration and Asylum Act 2002 (c. 41)
13.
Scottish Public Services Ombudsman Act 2002 (asp 11)
14.
In section 7 (matters which may be investigated: restrictions), omit...
15.
In Part 2 of Schedule 2 (persons liable to investigation),...
16.
Civil Contingencies Act 2004 (c. 36)
17.
National Health Service Act 2006 (c. 41)
18.
In section 9 (NHS contracts), in subsection (4) omit paragraph...
19.
In section 71 (schemes for meeting losses and liabilities of...
20.
National Health Service (Wales) Act 2006 (c. 42)
21.
In section 7 (NHS contracts), in subsection (4) omit paragraph...
22.
In section 30 (schemes for meeting losses and liabilities of...
23.
National Health Service (Consequential Provisions) Act 2006 (c. 43)
24.
Health and Social Care Act 2008 (c. 14)
25.
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
SCHEDULE 8
Monitor
1.
Membership
2.
The chief executive and other executive members: appointment and status
3.
Non-executive members: tenure
4.
Suspension from office
5.
(1) Where a person is suspended from office as the...
6.
Payment of non-executive members
7.
Staff
8.
Superannuation
9.
Committees
10.
Procedure
11.
Exercise of functions
12.
Assistance
13.
Borrowing
14.
Acquiring information
15.
General power
16.
Finance
17.
Accounts of NHS foundation trusts
18.
Accounts of Monitor
19.
(1) Monitor must prepare annual accounts in respect of each...
20.
(1) The Secretary of State may, with the approval of...
21.
Reports and other information
22.
Recommendations by Committees in Parliament
23.
Seal and evidence
24.
Status
SCHEDULE 9
Requirements under section 77: undertakings
1.
Procedure
2.
(1) Where Monitor accepts a section 77 undertaking, Monitor must...
3.
Variation of terms
4.
Compliance certificates
5.
(1) An appeal lies to the First-tier Tribunal against a...
6.
Inaccurate, incomplete or misleading information
SCHEDULE 10
References by Monitor to the Competition Commission
1.
Variation of reference
2.
Monitor’s opinion of public interest etc.
3.
Publication etc. of reference
4.
Information
5.
Time limits
6.
Reports on references
7.
Changes following report
8.
Competition Commission’s power to veto changes
9.
Disclosure etc.
10.
Powers of investigation
SCHEDULE 11
Further provision about Monitor’s enforcement powers
PART 1 Discretionary requirements
1.
Procedure
2.
(1) After the end of the notice period Monitor must...
3.
(1) A person may appeal to the First-tier Tribunal against...
4.
Monitor may by notice to a person on whom a...
5.
Non-compliance penalties
6.
(1) A person may appeal to the First-tier Tribunal against...
7.
Recovery of financial penalties
8.
Payments of penalties etc. into Consolidated Fund
PART 2 Enforcement undertakings
9.
Procedure
10.
(1) Where Monitor accepts an enforcement undertaking, Monitor must publish...
11.
Variation of terms
12.
Compliance certificates
13.
(1) An appeal lies to the First-tier Tribunal against a...
14.
Inaccurate, incomplete or misleading information
SCHEDULE 12
Procedure on references under section 120
1.
Contents etc. of reference
2.
Representations by objectors
3.
Functions of Commission in relation to reference
4.
Timetable for determination on reference
5.
Matters to be considered on determination
6.
Production of documents
7.
Oral hearings
8.
Written statements
9.
Defaults in relation to evidence
10.
General provisions relating to evidence
11.
Procedural rules
12.
Costs
13.
Power to modify time limits
SCHEDULE 13
Part 3: minor and consequential amendments
1.
General
2.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
3.
Parliamentary Commissioner Act 1967 (c. 13)
4.
Superannuation Act 1972 (c. 11)
5.
House of Commons Disqualification Act 1975 (c. 24)
6.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
7.
Freedom of Information Act 2000 (c. 36)
8.
National Health Service Act 2006 (c. 41)
9.
(1) Omit section 31 and Schedule 8 (continuation and constitution...
10.
(1) Omit section 32 (general duty of regulator).
11.
In section 275(1) (general interpretation), at the appropriate place, insert—...
12.
In section 276 (index of defined expressions), in the entry...
13.
National Health Service (Wales) Act 2006 (c. 42)
14.
Health and Social Care Act 2008 (c. 14)
15.
In section 30(3) (urgent applications for cancellation of registration of...
16.
In section 39(1) (notice requirements in relation to certain matters),...
17.
In section 59 (power for Secretary of State to confer...
18.
Health Act 2009 (c. 21)
19.
Equality Act 2010 (c.15)
SCHEDULE 14
Abolition of NHS trusts in England: consequential amendments
PART 1 Amendments of the National Health Service Act 2006
1.
The National Health Service Act 2006 is amended as follows....
2.
In section 4(2) (definition of “high security psychiatric services”), omit...
3.
In section 8(2) (bodies to whom Secretary of State may...
4.
In section 9 (NHS contracts), omit subsection (3).
5.
In section 40 (power of Secretary of State to give...
6.
In section 42 (public dividend capital), after subsection (1) insert—...
7.
In section 51 (trust funds and trustees), omit subsection (4)....
8.
In section 56 (mergers of NHS foundation trusts)—
9.
In section 56A (acquisitions of NHS foundation trusts) (as inserted...
10.
In section 57 (mergers, acquisitions and separation of NHS foundation...
11.
In section 65(1) (interpretation for provisions about NHS foundation trusts),...
12.
In section 65A(1) (application of trust special administration regime), omit...
13.
(1) Omit section 65B (appointment of trust special administrator in...
14.
Omit section 65C (suspension of directors of NHS trust).
15.
(1) Section 65F (special administrator’s draft report) is amended as...
16.
In section 65G (consultation plan), in subsection (4), omit “In...
17.
(1) Section 65H (consultation on draft report) is amended as...
18.
(1) Section 65I (administrator’s final report) is amended as follows....
19.
(1) Section 65J (power to extend time limits) is amended...
20.
(1) Omit section 65K (decision on action to take in...
21.
(1) Section 65KA (regulator’s decision in case of NHS foundation...
22.
(1) Section 65L (trusts coming out of administration) is amended...
23.
(1) Section 65M (replacement of special administrator) is amended as...
24.
(1) Section 65N (guidance) is amended as follows.
25.
In section 66 (intervention orders) (as amended by paragraph 8(1)...
26.
In section 68 (default powers) (as amended by paragraph 10(1)...
27.
(1) In section 70(1) (transfer of residual liabilities of certain...
28.
In section 71 (schemes for meeting losses etc. of certain...
29.
In section 77 (Care Trusts) (as amended by section 200)—...
30.
Omit sections 78 and 79 (directed partnership arrangements).
31.
In section 185(2) (charges for more expensive supplies), omit “an...
32.
In section 186(2) (charges for repairs and replacements in certain...
33.
In section 196(3) (bodies to which provisions about protection from...
34.
In section 217(1) (supplementary provisions about trusts), omit paragraph (h)....
35.
In section 242 (public involvement and consultation)—
36.
In section 272 (orders, regulations, rules and directions)—
37.
In section 275 (interpretation), in subsection (1), in the definition...
38.
In section 276 (index of defined expressions), omit the entry...
39.
(1) Schedule 15 (accounts and audit) is amended as follows....
40.
In consequence of the repeal of section 56(6) by section...
PART 2 Amendments of other Acts
41.
Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)
42.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
43.
Abortion Act 1967 (c. 87)
44.
Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)
45.
Local Government Act 1972 (c. 70)
46.
House of Commons Disqualification Act 1975 (c. 24)
47.
Acquisition of Land Act 1981 (c. 67)
48.
In section 16(3)(b) (NHS trusts’ land excluded from compulsory purchase),...
49.
In section 17(4) (special parliamentary procedure applying to compulsory purchase...
50.
Mental Health Act 1983 (c. 20)
51.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
52.
Copyright, Designs and Patents Act 1988 (c. 48)
53.
Health and Medicines Act 1988 (c. 49)
54.
Road Traffic Act 1988 (c. 52)
55.
Access to Health Records Act 1990 (c. 23)
56.
Water Industry Act 1991 (c. 56)
57.
London Local Authorities Act 1991 (c. xiii)
58.
Social Security Contributions and Benefits Act 1992 (c. 4)
59.
In section 163(6) (interpretation of Part 11), omit “the National...
60.
In section 171(3) (interpretation of Part 12), omit “the National...
61.
In section 171ZJ(9)(a) (Part 12ZA: supplementary), omit “the National Health...
62.
In section 171ZS(9)(a) (Part 12ZB: supplementary), omit “the National Health...
63.
Health Service Commissioners Act 1993 (c. 46)
64.
Vehicle Excise and Registration Act 1994 (c. 22)
65.
Value Added Tax Act 1994 (c. 23)
66.
In section 41(7) (definition of “government department”), for “Part I...
67.
In Part 2 of Schedule 8 (zero-rated supply of goods...
68.
Employment Rights Act 1996 (c. 18)
69.
In section 50(8)(a) (right of employees of NHS trusts to...
70.
In section 218(10)(c) (change of employer) omit “the National Health...
71.
Audit Commission Act 1998 (c. 18)
72.
Omit section 33(8)(c) (bodies not subject to certain Commission studies)....
73.
In section 53(1) (interpretation), in the definition of “health service...
74.
Data Protection Act 1998 (c. 29)
75.
Health Act 1999 (c. 8)
76.
Greater London Authority Act 1999 (c. 29)
77.
Care Standards Act 2000 (c. 14)
78.
In section 42(7) (power to extend application of Part 2),...
79.
In Schedule 2A (persons subject to review by the Children’s...
80.
In Schedule 2B (persons whose arrangements are subject to review...
81.
Freedom of Information Act 2000 (c. 36)
82.
International Development Act 2002 (c. 1)
83.
Nationality, Immigration and Asylum Act 2002 (c. 41)
84.
Community Care (Delayed Discharges etc.) Act 2003 (c. 5)
85.
Finance Act 2003 (c. 14)
86.
In section 61(3) (bodies that are public authorities for purpose...
87.
In section 66(4) (bodies that are public bodies for purpose...
88.
Licensing Act 2003 (c. 17)
89.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
90.
In section 148 (interpretation of Part 2)—
91.
In section 160 (provision of information in personal injury cases),...
92.
In section 162 (payment of NHS charges to hospitals or...
93.
In section 165 (power to apply provisions about recovery of...
94.
Finance Act 2004 (c. 12)
95.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
96.
Children Act 2004 (c. 31)
97.
In section 11(1) (NHS trusts’ duty to promote the safety...
98.
In section 13(3) (Local Safeguarding Children Boards), in paragraph (f)...
99.
In section 28(1) (arrangements to safeguard and promote welfare: Wales),...
100.
Civil Contingencies Act 2004 (c. 36)
101.
National Health Service (Wales) Act 2006 (c. 42)
102.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
103.
Local Government and Public Involvement in Health Act 2007 (c. 28)
104.
In section 222 (arrangements regarding local involvement networks)—
105.
In section 224(2) (duties of service-providers to local involvement networks),...
106.
In section 225(7) (duty to allow entry to local involvement...
107.
Criminal Justice and Immigration Act 2008 (c. 4)
108.
Health and Social Care Act 2008 (c. 14)
109.
In section 97(1) (general interpretation of Part 1)—
110.
In section 153(1) (directing NHS bodies to exercise certain functions...
111.
Autism Act 2009 (c. 15)
112.
Health Act 2009 (c. 21)
113.
In section 2(2) (bodies with duty to have regard to...
114.
In section 8(2) (bodies with duty to publish information on...
115.
Corporation Tax Act 2010 (c. 4)
116.
Equality Act 2010 (c. 15)
117.
Charities Act 2011 (c. 25)
118.
In section 149 (audit or examination of English NHS charity...
119.
In section 150 (audit or examination of Welsh NHS charity...
SCHEDULE 15
Part 7: consequential amendments and savings
PART 1 Abolition of The General Social Care Council
1.
Amendments to the Care Standards Act 2000 (c. 14)
2.
In section 55(3)(g) (power to treat persons on certain social...
3.
In section 56 (register of social care workers etc.)—
4.
In section 57 (applications for registration), in subsection (1), for...
5.
In section 58 (grant or refusal of registration), in subsection...
6.
In section 58A (visiting social workers from relevant European States)—...
7.
In section 59 (removal etc. from register), in subsection (1),...
8.
In section 60 (rules about registration), for “A Council” substitute...
9.
In section 61 (offence relating to use of title “social...
10.
In section 62 (codes of practice)— (a) in subsection (1),...
11.
In section 63 (approval of courses etc.)—
12.
In section 64 (qualifications gained outside Council’s area)—
13.
In section 65(1) (power to make rules requiring registered persons...
14.
In section 66 (visitors for certain social work courses)—
15.
In section 67 (functions of the appropriate Minister)—
16.
In section 68 (appeals to the Tribunal), in subsections (1)...
17.
In section 69 (publication etc. of register), in subsection (1),...
18.
Omit section 70 (abolition of the Central Council for Education...
19.
In section 71 (rules), in subsections (1), (2), (3A) and...
20.
In section 113 (default Ministerial powers), omit subsection (1).
21.
In section 114 (schemes for the transfer of staff), in...
22.
In section 118 (orders and regulations), in subsection (4), omit...
23.
In section 121 (13) (index of defined expressions)—
24.
In section 122 (commencement), omit “section 70(2) to (5) and”....
25.
In section 123 (extent), omit subsection (3).
26.
Schedule 1 (the Care Councils) is amended as follows.
27.
Omit paragraph 1 (introductory).
28.
In paragraph 2 (status)— (a) for “An authority” substitute “The...
29.
In paragraph 3(1) (general powers), for “the Secretary of State,...
30.
In paragraph 4 (general duty), for “an authority” substitute “the...
31.
For paragraph 5 (membership)— (a) for “Each authority” substitute “The...
32.
In paragraph 6 (appointment, procedure etc.)— (a) for “The Secretary...
33.
(1) Paragraph 7 (remuneration and allowances) is amended as follows....
34.
(1) Paragraph 8 (chief officer) is amended as follows.
35.
(1) Paragraph 12 (staff) is amended as follows.
36.
(1) Paragraph 13 (delegation of functions) is amended as follows....
37.
In paragraph 14 (arrangements for the use of staff)—
38.
In paragraph 16 (payments to authorities)— (a) for “The Secretary...
39.
(1) Paragraph 18 (accounts) is amended as follows.
40.
(1) Paragraph 19 (reports etc.) is amended as follows.
41.
In paragraph 20 (application of seal)— (a) for “an authority”...
42.
In paragraph 21 (evidence), for “an authority” substitute “the Welsh...
43.
For the title to Schedule 1 substitute “The Welsh Council”....
44.
Amendments to the Health and Social Care Act 2008 (c. 14)
45.
(1) In section 124 (regulation of social care workers)—
46.
Section 125 (standard of proof in proceedings relating to registration...
47.
(1) Section 126 (education and training of approved mental health...
48.
In section 171(4) (provisions which Welsh Ministers have power to...
49.
(1) Schedule 9 (regulation of social care workers) is amended...
50.
Amendments to other Acts
51.
In section 343 of the Income Tax (Earning and Pensions)...
52.
In section 41 of the Safeguarding Vulnerable Groups Act 2006...
PART 2 The Health and Care Professions Council
53.
(1) A reference in any instrument or document to the...
54.
In Part 2 of Schedule 1 to the House of...
55.
In Part 2 of Schedule 1 to the Northern Ireland...
56.
In the following provisions, for “the Health Professions Council” substitute...
57.
In section 257(3) of the Armed Forces Act 2006 (definition...
58.
After section 30A(5) of the Protection of Vulnerable Groups (Scotland)...
PART 3 The Professional Standards Authority for Health and Social Care
59.
General
60.
Health Act 1999 (c. 8)
61.
In paragraph 7(4) of Schedule 3 to that Act, for...
62.
National Health Service Reform and Health Care Professions Act 2002 (c. 17)
63.
In sections 26(6), 27(3) and 29(6) of, and paragraphs 1...
64.
Omit section 26(12) of that Act.
65.
In section 26A(2) of, and paragraph 1 of Schedule 7...
66.
For the title to Schedule 7 substitute “The Professional Standards...
67.
Other Acts, etc.
68.
In each of the following provisions, for “the Council for...
69.
(1) In each of the following provisions, omit the entry...
PART 4 The Office of the Health Professions Adjudicator
70.
Miscellaneous amendments
71.
(1) Omit the entry for the Office of the Health...
72.
Amendments to the Health Act 1999 (c. 8)
73.
Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)
74.
Amendments to the Health Act 2006 (c. 28)
75.
Amendments to the Health and Social Care Act 2008 (c. 14)
76.
Savings
77.
A reference in any document to the OHPA is, so...
78.
In paragraphs 76 and 77— “abolition” means the commencement of...
SCHEDULE 16
The National Institute for Health and Care Excellence
1.
Membership, appointment, etc.
2.
Tenure of non-executive office
3.
Suspension from non-executive office
4.
(1) This paragraph applies where a person is suspended from...
5.
Remuneration etc. of non-executive members
6.
Staff
7.
Committees
8.
Procedure
9.
Exercise of functions
10.
General powers
11.
Finance
12.
Reports
13.
Accounts
14.
(1) NICE must prepare annual accounts in respect of each...
15.
(1) The Secretary of State may, with the approval of...
16.
Seal and evidence
17.
Status
SCHEDULE 17
Part 8: consequential amendments
1.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2.
Parliamentary Commissioner Act 1967 (c. 13)
3.
Local Government Act 1972 (c. 70)
4.
House of Commons Disqualification Act 1975 (c. 24)
5.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6.
Employment Rights Act 1996 (c. 18)
7.
Data Protection Act 1998 (c. 29)
8.
Freedom of Information Act 2000 (c. 36)
9.
International Development Act 2002 (c. 1)
10.
National Health Service Act 2006 (c. 41)
11.
National Health Service (Wales) Act 2006 (c. 42)
12.
Health and Social Care Act 2008 (c. 14)
13.
Health Act 2009 (c. 21)
14.
Equality Act 2010 (c. 15)
SCHEDULE 18
The Health and Social Care Information Centre
1.
Membership, appointment, etc.
2.
Tenure of non-executive office
3.
Suspension from non-executive office
4.
(1) This paragraph applies where a person is suspended from...
5.
Remuneration etc. of non-executive members
6.
Staff
7.
Committees
8.
Procedure
9.
Exercise of functions
10.
General powers
11.
Finance
12.
Reports
13.
Accounts
14.
(1) The Information Centre must prepare annual accounts in respect...
15.
(1) The Secretary of State may, with the approval of...
16.
Seal and evidence
17.
Status
SCHEDULE 19
Part 9: consequential amendments
1.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
2.
Parliamentary Commissioner Act 1967 (c. 13)
3.
House of Commons Disqualification Act 1975 (c. 24)
4.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
5.
Access to Health Records Act 1990 (c. 23)
6.
Employment Rights Act 1996 (c. 18)
7.
Data Protection Act 1998 (c. 29)
8.
Freedom of Information Act 2000 (c. 36)
9.
National Health Service Act 2006 (c. 41)
10.
National Health Service (Wales) Act 2006 (c. 42)
11.
Health and Social Care Act 2008 (c. 14)
12.
Health Act 2009 (c. 21)
13.
Equality Act 2010 (c. 15)
SCHEDULE 20
Part 10: consequential amendments and savings
PART 1 The Alcohol Education and Research Council
1.
Consequential amendments
2.
Omit the entry in Part 3 of Schedule 1 to...
3.
In consequence of the repeal made by section 278(2)—
4.
Savings
PART 2 The Appointments Commission
5.
Consequential amendments
6.
Omit paragraph 1A(4) of Schedule 1 (membership of governing Council)...
7.
In consequence of the repeal made by section 279(2)—
8.
Savings
PART 3 The National Information Governance Board for Health and Social Care
9.
Consequential amendments
10.
(1) In section 271 of the National Health Service Act...
11.
In consequence of the repeal made by section 280(2), omit...
12.
Savings
SCHEDULE 21
Amendments relating to relationships between the health services
1.
National Health Service (Scotland) Act 1978 (c. 29)
2.
(1) Section 17A (NHS contracts) is amended as follows.
3.
(1) Section 17C (personal medical or dental services) is amended...
4.
In section 17D (persons with whom agreements under section 17C...
5.
National Health Service Act 2006 (c. 41)
6.
In section 9 (NHS contracts), in subsection (4)—
7.
After section 10 (provision about NHS contracts entered into by...
8.
(1) In section 66 (intervention orders), for subsection (1) substitute—...
9.
(1) Section 67 (effect of intervention orders) is amended as...
10.
(1) In section 68 (default powers), for subsection (1) substitute—...
11.
In section 78 (directed partnership arrangements), in subsection (3)—
12.
National Health Service (Wales) Act 2006 (c. 42)
13.
In section 7 (NHS contracts), in subsection (4)—
14.
After section 8 insert— Provision for bodies in Scotland (1) Subsection (2) applies where the Scottish Ministers are, or...
15.
In section 10 (Welsh Ministers’ arrangements with other bodies), in...
16.
In section 13 (exercise of Local Health Board functions), in...
17.
In section 17 (plans for improving health etc), in subsection...
18.
In section 22 (special health authorities), omit subsection (6).
19.
In section 26 (intervention orders), in subsection (1) after “other...
20.
In section 27 (effect of intervention orders), in subsection (1)—...
21.
In section 28 (default powers), in subsection (1) after “other...
22.
In section 34 (power of local authorities to make payments),...
23.
In section 36 (directed partnership arrangements), in subsection (3)—
24.
(1) Section 38 (supply of goods and services by the...
25.
In section 39 (conditions of supply under section 38), in...
26.
In section 41 (duty to provide primary medical services), omit...
27.
(1) Section 51 (persons with whom agreements for provision of...
28.
In section 56 (primary dental services), omit subsection (4).
29.
(1) Section 65 (persons with whom agreements for provision of...
30.
In section 106 (provision about regulations under section 105), in...
31.
(1) Section 115 (national disqualification) is amended as follows.
32.
In section 131 (payment of travelling expenses), in paragraph (c)...
33.
In section 144 (persons and bodies about which provision is...
34.
In section 161 (transfers of trust property), in subsection (2)(c)—...
35.
(1) Section 162 (transfer of functions and property to or...
36.
In section 181 (payment for medical examination before application for...
37.
In section 197 (university clinical teaching and research), in subsection...
38.
(1) In section 206 (interpretation), in subsection (1)—
39.
In Schedule 2 (Local Health Boards), in paragraph 9—
40.
(1) Schedule 3 (NHS trusts) is amended as follows.
41.
(1) Schedule 5 (Special Health Authorities) is amended as follows....
42.
(1) Schedule 10 (further provision about Community Health Councils) is...
43.
Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))
SCHEDULE 22
Property transfer schemes
SCHEDULE 23
Staff transfer schemes
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