NHS England is abolished.
Explanatory notes to the Bill, prepared by the Department of Health and Social Care, have been ordered to be published as HL Bill 52—EN.
Baroness Merron has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Health Bill are compatible with the Convention rights.
A
bill
to
Make provision about health and social care.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
NHS England is abolished.
The Secretary of State may make one or more schemes for the transfer of
property, rights and liabilities from NHS England to any one or more of the
following—
the Secretary of State;
an integrated care board;
a company formed under section 223 of the National Health Service
Act 2006;
a Special Health Authority;
an NHS trust;
an NHS foundation trust;
a Local Health Board;
any other public body.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making
of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property, rights or
liabilities transferred;
make provision about the continuing effect of things done by NHS
England in respect of anything transferred;
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to NHS England in respect of anything transferred;
make provision for references to NHS England in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE
regulations;
make other consequential, supplementary, incidental or transitional
provision.
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme
came into effect.
In this section references to rights and liabilities include rights and liabilities
relating to a contract of employment.
The Treasury may by regulations make provision varying the way in which
a relevant tax has effect in relation to—
anything transferred under a scheme under section 2 , or
anything done for the purposes of, or in relation to, a transfer under
such a scheme.
The provision which may be made under
subsection (1)
(a)
includes in
particular provision for—
a tax provision not to apply, or to apply with modifications, in relation
to anything transferred;
anything transferred to be treated in a specified way for the purposes
of a tax provision;
the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything transferred.
The provision which may be made under
subsection (1)
(b)
includes in
particular provision for—
a tax provision not to apply, or to apply with modifications, in relation
to anything done for the purposes of or in relation to the transfer;
anything done for the purposes of, or in relation to, the transfer to
have or not have a specified consequence or be treated in a specified
way;
the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.
The power to make regulations under this section includes power to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
Regulations under
this section
are subject to annulment in pursuance of a
resolution of the House of Commons.
In this section —
“
relevant tax” means income tax, corporation tax, capital gains tax, value
added tax, stamp duty or stamp duty reserve tax;
“
tax provision” means a provision of an enactment about a relevant tax.
For section 1C of the National Health Service Act 2006 substitute—
In exercising functions in relation to the health service, the Secretary
of State must have regard to the need to—
reduce inequalities between the people of England with respect reduce inequalities between the people of England with respect
“1C
Duty as to reducing inequalities
(a)
to their ability to access health services, and
(b)
to the outcomes achieved for them by the provision of health
services.”
In the National Health Service Act 2006, after section 1C insert—
In exercising functions in relation to the health service, the Secretary
of State must promote the involvement of patients, and their carers
and representatives (if any), in decisions which relate to—
the prevention or diagnosis of illness in the patients, or their care or treatment.
In exercising functions in relation to the health service, the Secretary
of State must act with a view to enabling patients to make choices
with respect to aspects of health services provided to them.”
“1CA
Duty to promote involvement of each patient
(a)
(b)
1CB
Duty as to patient choice
In the National Health Service Act 2006, after section
1CB
(inserted by section
5
of this Act) insert— In exercising functions in relation to the health service, the Secretary The Secretary of State may make payments as prizes to promote A prize may relate to— work at any stage of innovation (including research); work done at any time (including work before the The Secretary of State may establish a committee to give advice about
“1CC
Duty to promote innovation
(1)
of State must promote innovation in the provision of health services
(including innovation in the arrangements made for their provision).
(2)
innovation in the provision of health services in England.
(3)
(a)
(b)
commencement of this section).
(4)
the exercise of the power conferred by subsection
(2)
, and may pay
remuneration and allowances to members.”
Section 1F of the National Health Service Act 2006 (duty as to education and
training) is amended as follows.
“(1)
The Secretary of State must exercise functions under the relevant
enactments with a view to ensuring that—(a)
there are sufficient people with appropriate education and
training to meet the workforce needs of the health service, and(b)
there is an effective system in place for the planning and
delivery of education and training of people to meet those needs.”
In subsection (2) omit “and NHS England”.
For section 7B of the National Health Service Act 2006 substitute— The Secretary of State may by direction provide for any functions of A direction under subsection
(1)
may include provision prohibiting In subsection
(2)
, “delegation arrangements” means arrangements The Secretary of State may make payments to an integrated care board As soon as reasonably practicable after giving a direction under Any rights acquired, or liabilities (including liabilities in tort) incurred,
“Directions to others to exercise Secretary of State’s functions etc
7B
Directions to integrated care boards to exercise Secretary of State’s
functions
(1)
the Secretary of State which relate to the health service to be exercised
by one or more integrated care boards.
(2)
or restricting an integrated care board from making delegation
arrangements in relation to a function that is exercisable by it by virtue
of the direction.
(3)
made by an integrated care board for the exercise of a function by
someone else.
(4)
in respect of the exercise by it of a function by virtue of a direction
under subsection
(1)
.
(5)
subsection
(1)
, the Secretary of State must publish it.
(6)
in respect of the exercise by an integrated care board of any function
by virtue of this section are enforceable by or against it (and no other
person).”
After section 12D of the National Health Service Act 2006 insert— The Secretary of State may provide assistance or support to— a person providing or proposing to provide services as part of a public authority, where the assistance or support is in relation a person otherwise carrying out or proposing to carry out The assistance that may be provided under subsection
(1)
includes— financial assistance; making available— the services of a person employed in the civil service any other resources of the Secretary of State. Assistance or support under subsection
(1)
may be provided on such In this section a reference to a public authority includes a public
“Secretary of State’s power to provide assistance
12DA
Secretary of State’s power to provide assistance
(1)
(a)
the health service;
(b)
to the education or training of anyone employed, or considering
becoming employed, in an activity which involves or is
connected with the provision of services as part of the health
service;
(c)
activities that the Secretary of State considers to be beneficial
to the health service.
(2)
(a)
(b)
(i)
of the state, or
(ii)
(3)
terms as may be agreed, including terms as to the making of payments
by or to the Secretary of State.
(4)
authority anywhere in the British Islands.”
For section 12E of the National Health Service Act 2006 substitute—
The Secretary of State must not exercise any functions in relation to
the health service for the purpose of causing a variation in the
proportion of health services provided by the public or private sector,
or the proportion of health services provided by different kinds of
legal entity, unless the Secretary of State considers that to do so is in
the interests of the health service.”
“12E
Secretary of State's duty as respects variation in provision of health
services
The National Health Service Act 2006 is amended as follows.
For sections 14Z61 and 14Z62 and the italic heading before those sections The Secretary of State may give integrated care boards directions as The directions that may be given include a direction as to— whether or not to exercise a power; when or how a function is, or is not, to be exercised; conditions that must be met before a function is exercised (for matters to be taken into account in exercising a function. Where— provision is made for the exercise of a function to be contingent the Secretary of State has formed that opinion,
a direction may be given under subsection
(1)
that requires the board
to exercise the function without itself forming that opinion.
See also section
14Z62
for exceptions to— the power to give directions under subsection
(1)
, and the need to comply with such directions. As soon as reasonably practicable after giving a direction under The fact that the Secretary of State has a function under any other The reference in subsection
(6)
to a function of the Secretary of State A direction under section
14Z61
may not be given in relation to the A direction under section
14Z61
may not be given in relation to a A direction under section
14Z61
may not be given in relation to the An integrated care board is not required to comply with a direction This section applies where the Secretary of State considers— that— an integrated care board is failing or has failed to the failure is significant, or that— there is a significant risk of an integrated care board the failure would be significant. The Secretary of State may— direct the integrated care board to cease to perform some or do either or both of the following— discharge any of the functions to which the direction direct another integrated care board to perform any of The Secretary of State may— direct the chief executive of the integrated care board to cease do either or both of the following— exercise, on behalf of the chief executive, any of the direct the chief executive of another integrated care The Secretary of State may— terminate the appointment of the integrated care board’s chief direct the chair of the board as to which individual to appoint Where the Secretary of State exercises a power under this section the For the purpose of this section— a failure to discharge a function includes a failure to discharge a failure to discharge a function properly includes a failure to
substitute—
“Powers of direction
14Z61
Directions as to exercise of integrated care board functions
(1)
to the exercise of their functions.
(2)
(a)
(b)
(c)
example, conditions relating to the provision of information,
consultation or approval);
(d)
(3)
(a)
on an integrated care board having formed an opinion (however
the provision is expressed), and
(b)
(4)
(a)
(b)
(5)
subsection (1), the Secretary of State must publish it.
(6)
enactment in relation to the exercise of functions by integrated care
boards is not to be read as limiting the power conferred by subsection
(1)
.
(7)
does not include a function of making subordinate legislation.
14Z62
Directions under
14Z61
: exceptions
(1)
appointment or employment of a particular individual.
(2)
decision about the services to be provided to a particular individual
for or in connection with the prevention, diagnosis or treatment of
illness.
(3)
provision of any drug, medicine or other treatment, or the use of any
diagnostic technique, if the direction is inconsistent with a
recommendation or guidance given by NICE.
(4)
under section
14Z61
in relation to the provision of any drug, medicine
or other treatment, or the use of any diagnostic technique, to the extent
that the direction is inconsistent with a subsequent recommendation
or guidance given by NICE.
14Z62A
Performance: significant failure
(1)
(a)
(i)
discharge any one or more of its functions, and
(ii)
(b)
(i)
failing to discharge any one or more of its functions,
and
(ii)
(2)
(a)
all functions for such period or periods as may be specified in
the direction;
(b)
(i)
relates, or make arrangements for any other person to
discharge them on the Secretary of State’s behalf;
(ii)
the functions on behalf of the integrated care board.
(3)
(a)
to perform some or all functions for such period or periods as
may be specified in the direction;
(b)
(i)
functions that are the subject of the direction, or
(ii)
board to perform any of those functions on behalf of
the chief executive, in such manner and within such
period or periods as may be specified in the direction.
(4)
(a)
executive, and
(b)
as a replacement and on what terms.
(5)
Secretary of State must publish the reasons for doing so.
(6)
(7)
(8)
(a)
it properly, and
(b)
discharge it consistently with what the Secretary of State
considers to be the interests of the health service.”
The National Health Service Act 2006 is amended as follows.
In section 3 (duties of integrated care boards as to commissioning certain
health services)—
in subsection (3), for “NHS England” substitute “the Secretary of State”;
“(4)
In exercising its functions under this section, an integrated care
board must act consistently with the discharge by the Secretary of State of the duty under section 1(1) (duty to promote a comprehensive health service).”
In section 3A (power of integrated care boards to commission certain health
services)—
in subsection (3), for “NHS England” substitute “the Secretary of State”;
“(4)
In exercising its functions under this section, an integrated care
board must act consistently with the discharge by the Secretary of State of the duty under section 1(1) (duty to promote a comprehensive health service).”
“3B Regulation-making power to require Secretary of State to commission
services(1)
Regulations may require the Secretary of State to arrange, to such
extent as the Secretary of State considers necessary to meet all reasonable requirements, for the provision as part of the health service of—(a)
services or facilities for members of the armed forces or their
families;(b)
such other services or facilities as may be prescribed.
(2)
In deciding whether it would be appropriate to prescribe a service or
facility under subsection (1) (b) the Secretary of State must have regard to the following—(a)
the number of individuals who require the provision of the
service or facility;(b)
the cost of providing the service or facility;
(c)
the number of persons able to provide the service or facility.
(3)
Regulations under this section requiring the Secretary of State to
arrange for the provision of services or facilities for a group of people may include provision making the Secretary of State “responsible” for any of those people for the purposes of section 130M(4)(a) of the Mental Health Act 1983 (advance choice documents: England).(4)
The reference in subsection (1) (a) to members of the armed forces is
a reference to persons who are members of—(a)
the regular forces within the meaning of the Armed Forces Act
2006, or(b)
the reserve forces within the meaning of that Act.”
In section 4 (high security psychiatric services)—
in subsection (1), for “NHS England must arrange for the provision”
substitute “The Secretary of State must arrange for the provision as
part of the health service”;
in subsection (2) omit “and paragraph 15 of Schedule 4 (NHS trusts)”;
“(3)
The arrangements must ensure that high security psychiatric
services are provided only at hospital premises at which services are provided only for the people mentioned in subsection (1).(3A)
The Secretary of State may give directions to a person who
provides high security psychiatric services about the provision by that person of those services.(3B)
A direction may be given under subsection (3A) to a person
other than a public authority only if the Secretary of State is satisfied that the person would be required to comply with the direction by virtue of a condition of the person’s licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012.”
After section 5 of the National Health Service Act 2006 insert— Arrangements made by the Secretary of State or an integrated care In this section “commissioning functions” means functions in arranging
“5A
Commissioning arrangements: conferral of discretion
(1)
board in the exercise of their commissioning functions may confer
discretions on a person with whom the arrangements are made in
relation to anything to be provided under the arrangements.
(2)
for the provision of anything as part of the health service.”
Schedule 1 —
confers functions on integrated care boards in relation to
commissioning primary care services,
transfers related functions from NHS England to the Secretary of State,
and
contains other amendments relating to primary care services.
After section
5A
of the National Health Service Act 2006 (inserted by section
13
of this Act) insert— This section applies in relation to any health services which are, or The Secretary of State must make arrangements to secure that users in the planning of the commissioning arrangements, in the development and consideration of proposals by the the manner in which the services are delivered to the the range of health services available to them, and in decisions of the Secretary of State affecting the operation of The reference in subsection
(2)
to users or potential users of a service
“Public involvement
5B
Public involvement in commissioning by Secretary of State
(1)
may be, provided pursuant to arrangements made by the Secretary
of State (“commissioning arrangements”).
(2)
or potential users of those services are involved (whether by being
consulted or provided with information or in other ways)—
(a)
(b)
Secretary of State for changes in the commissioning
arrangements where the implementation of the proposals would
have an impact on—
(i)
individuals, or
(ii)
(c)
the commissioning arrangements where the implementation of
the decisions would (if made) have such an impact.
(3)
(4)
includes any carers or representatives of users or potential users of
the service.
(5)
The National Health Service Act 2006 is amended as follows.
Omit sections 6E to 6G (regulations as to the exercise of functions by NHS
England or integrated care boards etc).
“Duties in relation to commissioning
14Z45A Waiting times
(1)
Regulations may impose duties on integrated care boards with respect
to waiting times for treatments or other services which they arrange in the exercise of their commissioning functions.(2)
The regulations may include provision as to arrangements that
integrated care boards must make, in the exercise of their functions, to address cases in which a specified treatment or other specified service is not provided within a specified period.14Z45B Patient choice
(1)
Regulations must make provision as to the arrangements that
integrated care boards must make, in the exercise of their commissioning functions, for enabling people to whom any specified treatments or other specified services are to be provided to make choices with respect to specified aspects of them.(2)
The regulations may make other provision for the purpose of securing
that, in the exercise of their commissioning functions, integrated care boards protect and promote the rights of people to make choices in relation to treatments or other services, where those rights—(a)
arise by virtue of regulations under subsection (1), or
(b)
are described in the NHS Constitution.
14Z45C Enforcement of section 14Z45B regulations
(1)
The Secretary of State may investigate whether an integrated care
board has failed or is likely to fail to comply with a requirement imposed by regulations under section 14Z45B (a “patient choice requirement”).(2)
Where an investigation under subsection (1) is being or has been
carried out, the Secretary of State may accept an undertaking from the integrated care board that it will, within a period specified in the undertaking—(a)
put in place specified measures for the purpose of preventing
failures to comply with patient choice requirements or mitigating the effect of such failures, or(b)
take specified steps to remedy a failure to comply with patient
choice requirements.(3)
Where the Secretary of State accepts an undertaking under subsection (2) , the Secretary of State may not—
(a)
continue to carry out any ongoing investigation under
subsection (1) so far as relating to matters to which the undertaking relates, or(b)
unless the integrated care board fails to comply with the undertaking.
(4)
(5)
Schedule 1C makes further provision about undertakings.
(6)
The Secretary of State must publish guidance about how the Secretary
of State intends to exercise the powers conferred by this section and Schedule 1C .14Z45D Appeals against individual commissioning decisions
(1)
Regulations may confer a right of appeal on a person against a decision
by an integrated care board about the treatments or other services to be provided to that particular person.(2)
The regulations may in particular make provision—
(a)
for the establishment of one or more panels to consider appeals;
(b)
about the composition of a panel and the terms of appointment
of members of a panel;(c)
for the payment of remuneration or allowances to members of
a panel;(d)
about the powers of a panel;
(e)
about procedure (including time limits);
(f)
about the provision of staff by an integrated care board to assist
a panel.”
““
commissioning functions”, in relation to an integrated care board, means
the functions of the board in arranging for the provision of anything as part of the health service;”.
In section 272 (orders, regulations, rules and directions), in subsection (6)
omit paragraph (zzc).
Omit Schedule 1ZA (patient choice: undertakings by integrated care boards).
After section
14Z45D
of the National Health Service Act 2006 (appeals against
commissioning decisions) (inserted by section
16
of this Act) insert—
In making decisions in the exercise of its commissioning functions, an
integrated care board must, so far as relevant, have regard to the likely
impact of those decisions on the provision of health services to persons
who reside in an area of Wales or Scotland that is close to the border
with England.”
“14Z45E
Duty to have regard to impact on services in border areas
In section 14Z28 of the National Health Service Act 2006 (transfer schemes in connection with integrated care boards)—
omit subsection (1);
“(2)
The Secretary of State may, in connection with the establishment
of an integrated care board, make a scheme for the transfer of property, rights or liabilities to the board from—(a)
an NHS trust established under this Act,
(b)
an NHS foundation trust, or
(c)
a Special Health Authority established under section
28.(3)
The Secretary of State may, in connection with the variation
of the constitution of an integrated care board or the abolition of an integrated care board, make a scheme for the transfer of the board’s property, rights or liabilities to—(a)
the Secretary of State, or
(b)
an integrated care board.
(4)
The reference in subsection (3) to the variation of the
constitution of an integrated care board is to its variation by order under section 14Z25 or under provision included in its constitution by virtue of paragraph 15 of Schedule 1B.(5)
The Secretary of State must exercise the power under subsection (3) so as to ensure that on the abolition of an integrated care
board, all of the board’s liabilities (other than criminal liabilities) are transferred.”
After section 14Z36 of the National Health Service Act 2006 insert— Each integrated care board must, in the exercise of its functions, Each integrated care board must, in the exercise of its functions, In subsection (2) “relevant patient” means an outpatient, day patient
“14Z36A
Duty as to visiting etc
(1)
promote appropriate opportunities for anyone provided with
accommodation in pursuance of arrangements made by the board to
receive visitors.
(2)
promote the option for relevant patients attending hospitals or hospices
provided in pursuance of arrangements made by the board to have
someone accompany them, so far as appropriate.
(3)
or other person attending a hospital or hospice for the provision of
care or treatment that does not involve an overnight stay.”
For section 14Z48 of the National Health Service Act 2006 substitute— An integrated care board may provide assistance or support to— a person providing or proposing to provide services as part of a person otherwise carrying out or proposing to carry out The assistance that may be provided under subsection
(1)
includes— financial assistance; making available— the services of a person employed by the integrated any other resources of the board. Assistance or support under subsection
(1)
may be provided on such
“14Z48
Power to provide assistance
(1)
(a)
the health service;
(b)
activities that the board considers to be beneficial to the health
service.
(2)
(a)
(b)
(i)
care board, or
(ii)
(3)
terms as may be agreed, including terms as to the making of payments
by or to the integrated care board.”
For section 14Z59 of the National Health Service Act 2006 substitute— The Secretary of State must conduct a performance assessment of each A performance assessment is an assessment of how well the integrated The Secretary of State must publish a report in respect of each financial
“14Z59
Performance assessments of integrated care boards
(1)
integrated care board in respect of each financial year.
(2)
care board has discharged its functions during that year.
(3)
year containing a summary of the results of each performance
assessment conducted under this section in respect of that year.”
In Schedule 1B to the National Health Service Act 2006 (constitution of integrated care boards), in paragraph 8—
“(2)
The constitution must provide for the ordinary members
appointed as mentioned in sub-paragraph (1)(b) to include—(a)
at least one member nominated jointly by the local
authorities whose areas coincide with, or include the whole or any part of, the integrated care board’s area, and(b)
at least one member nominated by the mayor of each
mayoral strategic authority whose area coincides with, or includes the whole or any part of, the integrated care board’s area (if any).(3)
The constitution must set out the process for nominating the
ordinary members mentioned in sub-paragraph (2).(4)
A person participating in the process for nominating the
ordinary members as mentioned in sub-paragraph (2) must have regard to any guidance published by the Secretary of State as to the selection of candidates.”;
omit sub-paragraph (5);
“(7)
In this paragraph—
“
local authority” has the meaning given by section 2B(5);“
mayoral combined authority” means a combined
authority for an area for which provision is made in an order under section 107A of the Local Democracy, Economic Development and Construction Act 2009 for there to be a mayor;“
mayoral combined county authority” means a
combined county authority for an area for which provision is made in regulations under section 27(1) of the Levelling-up and Regeneration Act 2023 for there to be a mayor;“
mayoral strategic authority” means—(a)
a mayoral combined authority,
(b)
a mayoral combined county authority, or
(c)
the Greater London Authority.”
The National Health Service Act 2006 is amended as follows.
For the italic heading before section 14Z52 substitute “Annual report”.
Omit sections 14Z52 to 14Z57 (joint forward plans and capital resource use
plans for integrated care boards and their partners).
In section 14Z58 (annual report)—
in subsection (2) omit paragraph (b);
“(3A)
In this Chapter “relevant Health and Wellbeing Board”, in
relation to an integrated care board, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board.(3B)
In this Act “financial year”, in relation to an integrated care
board, means—(a)
the period beginning with the date on which the
integrated care board is established and ending with the 31 March following that date, and(b)
each successive period of twelve months beginning with
1 April.”
In section 14Z64 (interpretation), in the definition of “relevant Health and
Wellbeing Board”, for “14Z52(7)” substitute “14Z58
(3A)
”.
In section 275 (interpretation), in the definition of “financial year” in subsection
(1), for “ 14Z52(8)” substitute “14Z58
(3B)
”.
In Schedule 4 (NHS trusts: constitution etc), in paragraph 12 omit
sub-paragraph (1A).
In the Local Government and Public Involvement in Health Act 2007 omit the following—
in section 116 (health and social care: joint strategic needs assessments),
subsection (5A);
sections 116ZA and 116ZB (integrated care partnerships and integrated
care strategies).
In section 116A (joint local health and wellbeing strategies)—
in the heading, for “joint local health and wellbeing strategies”
substitute “neighbourhood health plans”;
“(1)
This section applies where an assessment of relevant needs is
prepared under section 116 by a responsible local authority and each of its partner integrated care boards.(2)
The responsible local authority and each of its partner
integrated care boards must prepare a plan (a “neighbourhood health plan”) setting out how the assessed needs in relation to the responsible local authority’s area are to be met by the exercise of functions of—(a)
the responsible local authority, or
(b)
its partner integrated care boards.
(2A)
But the responsible local authority and its partner integrated
care boards need not prepare a new neighbourhood health plan if, having considered the assessment of relevant needs, they consider that the existing plan is sufficient.”;
in subsection (3), for “strategy” substitute “plan”;
“(4)
In preparing a plan under this section, the responsible local
authority and each of its partner integrated care boards must have regard to any guidance issued by the Secretary of State.(5)
In preparing a plan under this section, the responsible local
authority and each of its partner integrated care boards must involve the people who live or work in the area of the responsible local authority.”;
in subsections (6) and (7), for “strategy” substitute “plan”.
“116B Duty to have regard to assessments and plans
A responsible local authority and each of its partner integrated care boards must, in exercising any functions, have regard to the following so far as relevant—
(a)
any assessment of relevant needs prepared under section 116
in relation to the responsible local authority’s area, and(b)
any neighbourhood health plan prepared under section 116A
by the responsible local authority and its partner integrated care boards.”
In section 14Z58 of the National Health Service Act 2006 (integrated care
boards: annual report), in subsection (2)(d), for “joint local health and
wellbeing strategy to which it was required to have regard under section
116B(1)” substitute “neighbourhood health plan to which it was required to
have regard under section
116B
”.
In section 17 of the National Health Service (Wales) Act 2006 (plans for
improving health etc), in subsection (6)(g) and (h), for “joint local health and
wellbeing strategies” substitute “neighbourhood health plans”.
In the following provisions of the Children and Families Act 2014 for “joint
local health and wellbeing strategy” substitute “neighbourhood health plan”—
in section 26 (joint commissioning arrangements), subsection (7);
in section 27 (duty to keep education and care provision under review),
subsection (4).
In Schedule 4 to the National Health Service Act 2006 (NHS trusts), for An NHS trust must keep proper accounts and proper records in An NHS trust must prepare annual accounts in respect of each The Secretary of State may direct an NHS trust to prepare accounts The Secretary of State may give directions to an NHS trust as to— the methods and principles according to which any accounts the form and content of any accounts prepared under this For the audit of the annual accounts, see the Local Audit and Accounts prepared under
sub-paragraph (3)
are also to be audited The Comptroller and Auditor General may examine— the annual accounts, or accounts prepared under
sub-paragraph (3)
, and any records relating to them, and any report on them by the auditor. An NHS trust must send to the Secretary of State— a copy of its annual accounts and of any accounts prepared any report of the auditor on them. An NHS trust must comply with
sub-paragraph (8)
by such date In this paragraph “financial year”, in relation to an NHS trust, the period— beginning with the date on which the NHS trust is ending with the next 31 March, and each successive period of twelve months beginning with 1
paragraph 11A substitute—
“11A
(1)
relation to the accounts.
(2)
financial year.
(3)
in respect of such period or periods as may be specified in the
direction.
(4)
(a)
under this paragraph must be prepared, and
(b)
paragraph.
(5)
Accountability Act 2014 (and, in particular, section 4 of that Act).
(6)
under that Act if the Secretary of State so directs.
(7)
(a)
(b)
(8)
(a)
under
sub-paragraph (3)
, and
(b)
(9)
as the Secretary of State may direct.
(10)
means—
(a)
(i)
established, and
(ii)
(b)
April.”
In section 4 of the Local Audit and Accountability Act 2014 (general In relation to an NHS trust, “accounts” means—
requirements for audit), for subsection (6) substitute—
“(6)
(a)
In Schedule 4 to the National Health Service Act 2006 (NHS trusts), in
paragraph 12, in sub-paragraph (2)(b), for the words from “section 8” to the
end substitute “paragraph 1 of Schedule 7 to the Local Audit and
Accountability Act 2014”.
In Schedule 12 to the Local Audit and Accountability Act 2014 omit paragraph
76 (which made a transitory modification the effect of which is made
permanent by subsection (1)).
The National Health Service Act 2006 is amended as follows.
In section 28 (Special Health Authorities), in subsection (1), after “this Act”
insert “or any other Act”.
In section 29 (exercise of Special Health Authority functions)—
in subsection (1) omit “under section 7”;
in subsection (2)(a) omit “under section 7 or this section”.
In section 271 (territorial limit of exercise of functions), in subsection (3), after Chapter 4 of Part 2 (Special Health Authorities),”.
paragraph (a) insert—
“(aa)
Schedule 6 to the National Health Service Act 2006 (Special Health Authorities)
is amended as follows.
In paragraph 3—
“(8)
Regulations may—
(a)
provide for the transfer of officers from a Special
Health Authority to—(i)
another Special Health Authority, or
(ii)
an integrated care board;
(b)
provide for arrangements under which the services
of an officer of a Special Health Authority are placed at the disposal of—(i)
another Special Health Authority,
(ii)
an integrated care board,
(iii)
a local authority, or
(iv)
the Secretary of State.”;
in sub-paragraph (12)(a), for “another Special Health Authority or of another Special Health Authority, an integrated care board, or the Secretary of State;”
NHS England,” substitute “—
(i)
(ii)
(iii)
In paragraph 13, for “the Secretary of State, another Special Health Authority another Special Health Authority, an integrated care board, or the Secretary of State.”
or NHS England” substitute “—
(a)
(b)
(c)
Schedule 3 makes provision about the constitution of NHS foundation trusts and, among other things—
removes the role of members and the council of governors;
confers powers to make regulations about membership of the board
of directors;
confers powers to suspend directors.
In section 35 of the National Health Service Act 2006 (authorisation of NHS foundation trusts) omit subsections (5) and (6) (consultation).
Schedule 4 contains—
amendments that subject NHS foundation trusts to the same audit
requirements under the Local Audit and Accountability Act 2014 as
NHS trusts, and
amendments to that Act which are consequential on the abolition of
NHS England.
In the National Health Service Act 2006 omit—
section 39 (register of NHS foundation trusts);
section 50 (fees).
For sections 42B and 42C of the National Health Service Act 2006 substitute— The Secretary of State may by order impose limits on the expenditure The Secretary of State must consult the trust before making the order. The Secretary of State must publish each order under this section. An order under this section may be made at any time during or before A trust that is the subject of an order under this section must not The Secretary of State must publish guidance about the exercise of the the circumstances in which the Secretary of State is likely to the method that the Secretary of State will use to determine a The Secretary of State must have regard to the guidance in exercising
“42B
Limits on expenditure
(1)
that may be incurred by an NHS foundation trust in respect of a single
financial year.
(2)
(3)
(4)
the financial year to which it relates.
(5)
breach a limit imposed by the order.
42C
Guidance in relation to orders under section
42B
(1)
power to make orders under section
42B
, including guidance about—
(a)
make an order, and
(b)
limit.
(2)
the power to make orders under section 42B.”
The National Health Service Act 2006 is amended as follows.
“(4A)
The NHS foundation trust must prepare accounts for the final
accounting period when the body was an NHS trust.(4B)
Paragraph 18 of Schedule 7 to this Act, and section 4 of the Local
Audit and Accountability Act 2014, apply in relation to those accounts as they apply in relation to the NHS foundation trust’s annual accounts.(4C)
In subsection (4A) “final accounting period” means the period—
(a)
beginning with the later of—
(i)
the day on which the NHS trust was established, and
(ii)
1 April before the day on which the authorisation is
given, and(b)
ending when the authorisation is given.”
In section 56AA (acquisitions under section 56A: supplementary) after The acquiring NHS foundation trust must prepare accounts for the Paragraph
18
of Schedule 7 to this Act and section 4 of the Local Audit In subsection
(3A)
“final accounting period” means the period— beginning with the later of— the day on which the acquired NHS foundation trust 1 April before the day on which the application is ending when the application is granted.”
subsection (3) insert—
“(3A)
final accounting period of the acquired NHS foundation trust or NHS
trust.
(3B)
and Accountability Act 2014 apply in relation to those accounts as
they apply in relation to the NHS foundation trust’s annual accounts.
(3C)
(a)
(i)
or NHS trust was established, and
(ii)
granted, and
(b)
The National Health Service Act 2006 is amended as follows.
In section 25 (NHS trusts)—
omit subsection (2);
in subsection (3), for “NHS trust order” substitute “order under this
section”.
In section 56AA (acquisitions under section 56A: supplementary), in subsection
(1)(d), for “NHS trust order” substitute “order under section 25”.
“Conversion of failing NHS foundation trusts
57B Conversion of failing NHS foundation trust into NHS trust
(1)
The Secretary of State may make an order converting a body that is
an NHS foundation trust into a National Health Service trust (“NHS trust”) if—(a)
it has failed to comply with a condition of its licence under
Chapter 3 of Part 3 of the Health and Social Care Act 2012, or(b)
it has otherwise failed to comply with any requirement imposed
on it by or under any enactment.(2)
An order under subsection (1) must specify when it takes effect (see
paragraph 5 of Schedule 4 for further provision about matters to be included in the order).(3)
In deciding whether to make an order under subsection (1) the
Secretary of State must (among other things) consider—(a)
the seriousness of the failure,
(b)
the health and safety of patients,
(c)
the quality of the provision by the trust of goods and services,
(d)
the financial position of the trust, and
(e)
the way that the trust is being run.
(4)
Before making an order under subsection (1) the Secretary of State
must consult—(a)
the trust,
(b)
any integrated care board in whose area the trust has hospitals,
establishments or facilities, and(c)
any other person to whom the trust provides goods or services
under this Act and whom the Secretary of State considers it appropriate to consult.(5)
Where an order is made under subsection (1) the Secretary of State
may, for the purpose of ensuring compliance with provision made by the order or by regulations under paragraph 4 of Schedule 4—(a)
terminate the appointment of the chair or any executive or
non-executive director of the trust;(b)
appoint a person to be the chair or an executive or
non-executive director of the trust.(6)
The powers conferred by subsection (5) lapse at the end of the period
of one year beginning with the day on which the order is made.(7)
When an order under subsection (1) takes effect the body—
(a)
ceases to be an NHS foundation trust (and, accordingly, the
constitution required by Schedule 7 ceases to have effect), and(b)
is established as an NHS trust, in accordance with provision
made by the order, to provide goods and services for the purposes of the health service.(8)
57C Guidance about conversion
(1)
(2)
Before publishing guidance or revised guidance under subsection (1) the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
In section 276 (index of defined expressions) omit the entry for “NHS trust
order”.
In Schedule 4 (NHS trusts)—
in the heading before paragraph 5, for “first NHS trust order” substitute
“order establishing an NHS trust”;
in paragraph 5—
“(1)
An order under section 25 or 57B establishing an
NHS trust must specify—(a)
the name of the NHS trust,
(b)
the functions of the NHS trust,
(c)
the number of executive directors and
non-executive directors, and(d)
where the NHS trust has a significant teaching
commitment, a provision to secure the inclusion in the non-executive directors referred to in paragraph (c) of a person appointed from a university with a medical or dental school specified in the order.(1A)
The first order under section 25 in relation to an NHS
trust must also specify—(a)
the operational date of the NHS trust, and
(b)
if a scheme is to be made under paragraph 8,
the Special Health Authority or Local Health Board which is to make the scheme.(2)
The functions which may be specified in an order
under section 25 or 57B include a duty to provide goods or services so specified at or from a hospital or other establishment or facility so specified.”;
in sub-paragraph (5), for “the NHS trust” substitute “an NHS
trust established under section 25”;
omit sub-paragraph (6);
in paragraphs 6(1) and (2), 7(1), (2) and (3) and 8(6)(a), for “NHS trust
order” substitute “order under section 25”.
Schedule
5
to this Act inserts into the National Health Service Act 2006 a new
Schedule 9A to that Act (conversion of failing NHS foundation trusts).
The Health and Social Care Act 2012 is amended as follows.
Omit the italic heading before section 111 (“Transitional provision”).
“111 Imposition of licence conditions on NHS foundation trusts
(1)
Where the Secretary of State is satisfied that the governance of an
NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, the Secretary of State may include in the licence such conditions relating to governance as the Secretary of State considers appropriate for the purpose of reducing that risk.(2)
The reference to the governance of an NHS foundation trust being
such that the trust will fail to comply with the conditions of its licence includes circumstances in which the board of directors is failing—(a)
to secure compliance with conditions in the trust’s licence, or
(b)
to take steps to reduce the risk of a breach of a condition in
the trust’s licence.(3)
Where a warning notice under section 29A of the Health and Social
Care Act 2008 is given to an NHS foundation trust, the Secretary of State may include in the trust’s licence such conditions as the Secretary of State considers appropriate in connection with the matters to which the notice relates.(4)
(5)
Where the Secretary of State is satisfied that the trust has breached or
is breaching a condition included under subsection (1) or (3) , the Secretary of State may by notice require the trust—(a)
to remove one or more of the executive directors and appoint
interim executive directors;(b)
to suspend one or more of the executive directors from office
for a specified period;(6)
Where the Secretary of State is satisfied that a person has failed or is
failing to comply with a notice under subsection (5) , the Secretary of State may do anything that the trust may be required to do under that subsection.(7)
(8)
(9)
(10)
In this section, a reference to failing to discharge functions includes a
reference to failing to discharge those functions properly.”
Omit sections 112 to 114 (which provide for section 111 to apply for a limited
duration only).
The Health and Social Care Act 2012 is amended as follows.
In section 134 (duty to establish mechanisms for providing financial
assistance)—
in subsection (1) omit paragraph (b) and the “or” before it;
in subsection (2)(a) omit “or under section 65D(12) of the National
Health Service Act 2006”.
In section 136 (applications), in subsection (10), for paragraph (a) (but not the “special administrator” means a person appointed as a health
“and” at the end) substitute—
“(a)
special administrator under Chapter 5,”.
In section 144 (investment principles and reviews), in subsection (3) omit
paragraph (b) (but not the “and” at the end).
Schedule 6 contains amendments to do with special administration for NHS trusts and NHS foundation trusts, including—
amendments arising out of the abolition of NHS England, and
amendments removing the statutory objective for trust special
administration in relation to NHS foundation trusts.
Omit section 7A (exercise of Secretary of State’s public health functions) and
the italic heading before that section.
In section 65Z5 (joint working and delegation arrangements)—
“(1A)
The Secretary of State may arrange for any functions of the
Secretary of State which relate to the health service in England to be exercised by or jointly with any one or more of the following—(a)
a relevant body;
(b)
a local authority (within the meaning of section 2B);
(c)
a combined authority;
(d)
a combined county authority;
(e)
such other person as may be prescribed.”;
in subsection (2) omit paragraph (a);
in subsection (3)(a), after “(1)” insert “or (1A) ”;
in subsection (4)(b)—
for “body” substitute “person”;
for “it” substitute “them”;
in subsections (5) and (6), for “body”, in each place it occurs, substitute
“person”.
“65Z6 Joint committees and pooled funds
(1)
This section applies where—
(a)
a function is exercisable jointly by one or more persons by
virtue of an arrangement under section 65Z5, or(b)
a function is otherwise exercisable jointly by a relevant body
and one or more of the following—(i)
a relevant body;
(ii)
a local authority (within the meaning of section 2B);
(iii)
a combined authority;
(iv)
a combined county authority.
(2)
The persons by whom the function is exercisable jointly may—
(a)
arrange for the function to be exercised by a committee of
persons appointed by them;(b)
arrange for one or more of the persons, or a committee
appointed as mentioned in paragraph (a) , to establish and maintain a pooled fund.(3)
A pooled fund is a fund—
(a)
which is made up of payments received in accordance with
the arrangement from any of the following who is a party to the arrangement—(i)
relevant bodies;
(ii)
the Secretary of State; and
(b)
out of which payments may be made in accordance with the
arrangement towards expenditure incurred in the exercise of functions in relation to which the arrangements are made.(4)
Arrangements under this section may be made on such terms as may
be agreed between the parties, including terms as to payment.(5)
In this section “relevant body” has the meaning given by section
65Z5(2).”
In section 65Z7 (joint working and delegation: guidance by NHS England)—
in the heading, for “NHS England” substitute “the Secretary of State”;
in subsection (1)—
for “NHS England” substitute “The Secretary of State”;
for “their powers” substitute “powers by relevant bodies”.
In section 73A (appointment of directors of public health)—
in subsection (1)—
omit paragraph (c);
in paragraph (ca) omit “with another body”;
in subsection (3)(a), for sub-paragraph (ii) (but not the “and” at the subsection (1)(ca),”.
end), substitute—
“(ii)
In each of sections 73B and 73C (which relate to the exercise of public health
functions by local authorities), in subsection (2)—
omit paragraph (c);
in paragraph (ca) omit “with another body”.
In section 26 of the Local Government Act 1974 (matters subject to
investigation), in subsection (1)(d) omit “7A,”.
Section 75 of the National Health Service Act 2006 (arrangements between
NHS bodies and local authorities) is amended as follows.
In subsection (6), for the words from “consultation” to the end substitute “the
making of arrangements by virtue of this section”.
Omit subsections (7A) to (7L).
““
local authority” includes—(a)
a combined authority,
(b)
a combined county authority, and
(c)
the Greater London Authority;”.
The National Health Service Act 2006 is amended as follows.
In section 132 (persons authorised to provide pharmaceutical services)—
“(1)
Except as may be provided for by or under regulations, no
arrangements may be made by an integrated care board with a person providing primary medical services under Part 4 to provide pharmaceutical services.”;
in subsection (3), for “medical practitioners” substitute “persons
providing primary medical services under Part 4”;
in subsection (4)—
“(a)
as to grounds on which an integrated care board
may, or must, refuse to grant an application for inclusion in a list referred to in subsection (3),”;
in paragraph (aa) omit “of medical practitioners”;
in paragraph (b), for “NHS England by a medical practitioner”
substitute “an integrated care board by a person”;
omit paragraph (c).
In section 134 (pilot schemes), in subsection (8) omit “by a medical practitioner
or dental practitioner to a patient of his”.
In Schedule 12 (LPS schemes), in paragraph 1(8) omit “by a medical
practitioner or dental practitioner to a patient of his”.
Section 133 of the National Health Service Act 2006 (inadequate provision of
pharmaceutical services) is amended as follows.
“(1)
Subsection (2) applies if the Secretary of State is satisfied that a
situation or event has caused or is likely to cause a disruption resulting in the inadequate provision of pharmaceutical services in England or in an area within England.”
In subsection (2)—
after “Secretary of State” insert “may by direction”;
“(a)
require an integrated care board to make other
arrangements,”;
in paragraph (b) omit “may”.
“(3)
A direction under subsection (2) must specify the period for which it
has effect.(4)
The period must not be more than 6 months.
(5)
But the Secretary of State may by further direction extend the period
for which a direction under subsection (2) has effect by up to 6 months at a time.(6)
The Secretary of State must publish any directions under this section.”
Schedule 7 makes provision about the destination of appeals, and jurisdiction to determine certain matters, currently governed by Part 7 of the National Health Service Act 2006 (pharmaceutical services and local pharmaceutical services).
For section 65Z4 of the National Health Service Act 2006 substitute— The Secretary of State must, in respect of each financial year, prepare all integrated care boards, all NHS trusts established under this Act, and all NHS foundation trusts. The Secretary of State must send a copy of the consolidated accounts The Comptroller and Auditor General must— examine, certify and report on the consolidated accounts, and send a copy of the report to the Secretary of State. The Secretary of State must lay before Parliament a copy of— the consolidated accounts, and the Comptroller and Auditor General’s report on them.”
“65Z4
Consolidated accounts for certain NHS bodies
(1)
a set of accounts that consolidates the annual accounts of—
(a)
(b)
(c)
(2)
to the Comptroller and Auditor General.
(3)
(a)
(b)
(4)
(a)
(b)
In section 71 of the National Health Service Act 2006 (schemes for meeting
liabilities etc of certain health service bodies), in subsection (2), for paragraph
(ha) substitute— a company formed under section 223 other than by an
“(ha)
integrated care board by virtue of section 223A,”.
In the National Health Service Act 2006 omit—
the italic heading (“NHS England”) before section 223B;
sections 223B to 223F (NHS England funding and financial
responsibilities).
In the Health and Care Act 2022 omit sections 27 and 28 (NHS England’s
financial responsibilities and expansion of NHS England’s duties in respect
of expenditure).
The National Health Service Act 2006 is amended as follows.
“223G Allotment of sums to integrated care boards
(1)
The Secretary of State must, in respect of each financial year, allot an
amount to each integrated care board towards meeting the expenditure of the board attributable to the performance of its functions in that year.(2)
An amount is allotted to an integrated care board by the Secretary of
State notifying the board in writing of the allotted amount.(3)
The Secretary of State must pay the allotted amount to an integrated
care board in such instalments and at such times as the Secretary of State considers appropriate.(4)
In determining the amount to be allotted to an integrated care board
in respect of a financial year, the Secretary of State may take into account the expenditure of the board during any previous financial year.(5)
The Secretary of State may make a new allotment under this section
increasing or reducing a previous allotment.(6)
A sum falling to be paid to an integrated care board under this section
is payable subject to such conditions as to records, certificates or otherwise as the Secretary of State may determine.223GA Directions about use and management of resources
(1)
The Secretary of State may give integrated care boards directions about
their use or management of financial or other resources.(2)
The directions that may be given under subsection (1) to an integrated
care board include—(a)
a direction imposing limits on expenditure or resource use by
the board;(b)
a direction to pay sums to the Secretary of State in respect of
charges or other sums referable to the valuation or disposal of assets.(3)
A direction under subsection (1) may include conditions relating to
the approval of the Secretary of State.(4)
If an integrated care board fails to comply with a direction under
subsection (1) relating to the use or management of sums paid to the board under section 223G, the Secretary of State may direct the board to repay some or all of those sums.(5)
The Secretary of State must publish any directions under this section.
223GB Expenditure on service integration
(1)
A direction under section 223GA that requires an integrated care board
to use an amount (a “designated amount”) of the sums paid to the board under section 223G in respect of a financial year for purposes relating to service integration may—(a)
require the integrated care board to transfer some or all of the
designated amount into one or more funds (“pooled funds”) established under arrangements under section 75(2)(a) (“pooling arrangements”);(b)
impose requirements relating to the preparation and agreement
by the integrated care board and one or more relevant local authorities of a plan for how to use the designated amount (a “spending plan”);(c)
impose requirements relating to the approval of a spending
plan by the Secretary of State;(d)
impose requirements relating to the inclusion of performance
objectives in a spending plan;(e)
impose requirements relating to the meeting of any performance
objectives included in a spending plan or specified by the Secretary of State.(2)
(3)
The payments that may be made out of a pooled fund into which a
designated amount is transferred include payments to a local authority which is not party to the pooling arrangements in question in connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (disabilities facilities grants).(4)
A reference in this section to service integration is a reference to the
integration of the provision of health services with the provision of health-related services or social care services, as referred to in section 14Z42.(5)
In this section—
“
health services” means services provided as part of the health
service in England;“
relevant local authority”, in relation to an integrated care board,
means a local authority whose area coincides with, or includes the whole or any part of, the area of the board.”
In section 223GC (financial duties of integrated care boards: expenditure
limits), in subsection (2), for “NHS England” substitute “The Secretary of
State”.
Omit section 223K (payments in respect of quality).
In section 275 (interpretation), in subsection (5) omit paragraph (a).
In the National Health Service Act 2006—
“223L Joint financial objectives for integrated care boards etc
(1)
The Secretary of State may set joint financial objectives for an
integrated care board and one or more of its partner NHS trusts and NHS foundation trusts.(2)
An integrated care board, NHS trust or NHS foundation trust
must seek to achieve any financial objectives under this section that applies to it.(3)
For the purposes of this section an NHS trust or NHS
foundation trust is a “partner” of an integrated care board if the trust provides services for the purposes of the health service to people for whom the integrated care board is responsible.”;
omit sections 223M and 223N (financial duties of integrated care boards
etc: use of resources);
omit the italic heading (“Directions about resources etc to be taken
into account”) before section 223O;
omit section 223O (resources etc relevant to section 223D, 223E or
223M);
in Schedule 12A (pharmaceutical remuneration), in paragraph 2(9),
for “sections 223GC and 223M(1)(b)” substitute “section 223GC”.
In the Health and Care Act 2022 omit section 30 (expansion of financial duties
of integrated care boards and their partners).
In section 96 of the Health and Social Care Act 2012 (limits on power to set
or modify licence conditions), in subsection (2), after paragraph (h) insert— for the purpose of promoting or securing compliance by licence
“(ha)
holders with obligations arising under or by virtue of any
enactment;”.
The Health and Social Care Act 2012 is amended as follows.
In section 148 (permitted methods of service)—
“(A1)
A notice required by section 100, 114C, 114D or 114E to be
given or sent to a person may be given or sent to them—(a)
by being delivered to them personally,
(b)
by being sent to them by post, or
(c)
by being sent to them by an electronic communication.”;
in subsection (1), after “under” insert “any other provision of”;
in subsection (3)—
for “in accordance with section 149” substitute “(and in
accordance with section 149, where applicable)”;
in subsection (5), after “clerk” insert “or a director”;
in subsection (6)(a), for “NHS England” substitute “the Secretary of
State”;
in subsection (7), after “clerk” insert “or a director”;
In section 149 (electronic communication)—
“(A1)
This section applies in relation to any notice required to be
given or sent to or served on a person under any provision of this Part other than—(a)
section 100 (modification of standard licence conditions);
(b)
section 114C (the NHS payment scheme: impact
assessment and consultation);(c)
section 114D (objections to proposed NHS payment
scheme);(d)
section 114E (amendments of the NHS payment
scheme).(1)
If the notice is sent by an electronic communication it is to be
treated as given, sent or served only if the requirements of subsection (2) or (3) are met.”;
in subsections (2), (3) and (4), for “NHS England”, in each place it
occurs, substitute “the Secretary of State”;
in subsection (5), for “NHS England” substitute “The Secretary of
State”.
The National Health Service Act 2006 is amended as follows.
“250E Single patient record
(1)
The Secretary of State may by regulations make provision for the
purpose of establishing a system for making patient information readily available to—(a)
patients who have received health care as part of the health
service in England or have received social care in England, and(b)
people involved in the provision to patients of health care or
social care in England.(2)
The regulations may, in particular, make provision—
(a)
conferring functions on public authorities in connection with
the establishment or operation of the system;(b)
requiring or authorising the disclosure or other processing of
patient information, or information held in connection with it, for the purpose of making it available through the system;(c)
requiring or authorising the making available of patient
information, or information held in connection with it, through the system, including—(i)
making it available to people other than a patient on
the patient’s behalf;(ii)
making it available to people involved in the provision
to patients of health care or social care anywhere in the British Islands;(d)
conferring on the Secretary of State, the Care Quality
Commission or a Special Health Authority the power to impose financial penalties in circumstances specified in the regulations (see further section 250F ).(3)
The regulations may provide that the processing of information in
accordance with the regulations does not breach any obligation of confidence owed by the person processing the information.(4)
In making the regulations the Secretary of State must have regard to
the need to ensure that adequate safeguards are in place to prevent the improper use of information made available under the regulations.(5)
(6)
Before making regulations under this section the Secretary of State
must consult such persons as the Secretary of State considers appropriate.(7)
In this section—
“
health care” includes all forms of health care whether relating
to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;“
patient” includes an individual who needs or receives social care
or whose need for such care is being assessed;“
patient information” means information (however recorded)
which relates to the physical or mental health or condition of a person, to the diagnosis of their condition or to their care or treatment, whether or not the person’s identity is ascertainable from the information;“
processing” has the same meaning as in Parts 5 to 7 of the Data
Protection Act 2018 (see section 3(4) of that Act);“
social care” includes all forms of personal care and other practical
assistance provided for individuals who are in need of such care or other assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances.250F Enforcement of regulations under section 250E
(1)
(2)
The amount of the financial penalty is to be specified in, or determined
in accordance with, the regulations.(3)
The regulations must include provision—
(a)
requiring the enforcement authority, before imposing a financial
penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;(b)
ensuring that the person is given an opportunity to make
representations about the proposed financial penalty;(c)
requiring the enforcement authority, after the period for making
representations, to decide whether to impose the financial penalty;(d)
requiring the enforcement authority, if it decides to impose the
financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;(e)
enabling a person on whom a financial penalty is imposed to
appeal to the First-tier Tribunal in accordance with the regulations;(f)
as to the powers of the Tribunal on such an appeal.
(4)
The regulations may include provision—
(a)
enabling a notice of intent or final notice to be withdrawn or
amended;(b)
requiring a final notice to be withdrawn in circumstances
specified in the regulations;(c)
for a financial penalty to be increased by an amount specified
in or determined in accordance with the regulations in the event of late payment;(d)
for the recovery of financial penalties in the county court.”
In section 272 (orders, regulations, rules and directions), in subsection (6), regulations under section
250E
,”.
after paragraph (zd) insert—
“(ze)
Section 264B of the National Health Service Act 2006 (disclosure of information
about health service products) is amended as follows.
In subsection (1)—
omit paragraph (a);
“(ba)
a person with whom the Secretary of State or an
integrated care board has made arrangements under this Act to provide health services as part of the health service in England;”;
in paragraph (j), for “(a)” substitute “(b)”.
In subsection (2)(b), for “subsection (4)” substitute “subsections (4) and (6) ”.
In subsection (3)(a), for “(1)(a) or (b)” substitute “(1)(b) or (ba)”.
“(6)
Where—
(a)
a service provider provides services to a person falling within
subsection (1)(b) to (i), and(b)
in consequence, confidential or commercially sensitive
information is disclosed to the service provider under subsection (1)(j),the service provider may disclose the confidential or commercially sensitive information to that person.
(7)
A person to whom confidential or commercially sensitive information
is disclosed under subsection (6) may not—(a)
use the information for any purpose other than the purpose
for which they could have used it if it had been disclosed to them under subsection (1) by the Secretary of State;(b)
disclose the information to another person.”
The Health and Social Care Act 2012 is amended as follows.
Omit the following (which confer powers to delegate functions of the Secretary
of State under various provisions in Part 9 of the 2012 Act)—
section 251ZD;
section 274;
section 277C;
section 277F.
“Exercise of functions under Chapter 1
251ZF Exercise of functions of Secretary of State by others
(1)
The Secretary of State may make arrangements for a person prescribed
by regulations under this subsection to exercise some or all of the functions of the Secretary of State under this Chapter other than—(a)
a function under section 251ZC (public censure of relevant IT
providers);(b)
a function of making regulations.
(2)
Arrangements under subsection (1) may—
(a)
provide for the Secretary of State to make payments to the
person, and(b)
make provision as to the circumstances in which such payments
are to be repaid to the Secretary of State.(3)
Section 304(9) applies in relation to the power to make arrangements
under subsection (1) as it applies to a power of the Secretary of State to give directions under this Act.”
“Chapter 5 Exercise of functions under Part 9
277G Power to direct public bodies to exercise Secretary of State’s functions
(1)
The Secretary of State may—
(a)
direct a public body that exercises functions in, or in relation
to, England to exercise some or all of the Secretary of State’s relevant information functions;(b)
give the public body directions about the exercise of those
functions, including directions about the processing of information that the body obtains in exercising those functions.(2)
Any rights acquired, or liabilities (including liabilities in tort) incurred,
in respect of the exercise by a body of any function by virtue of a direction under this section are enforceable by or against that body (and no other person) unless or to the extent that the direction provides otherwise.(3)
The Secretary of State must publish any directions under this section.
(4)
In this section—
“
adult social care”—(a)
includes all forms of personal care and other practical
assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but(b)
does not include anything provided by an establishment
or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;“
health care” includes all forms of health care whether relating
to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;“
health services” means services which must or may be provided
as part of the health service in England;“
processing” has the same meaning as in Parts 5 to 7 of the Data
Protection Act 2018 (see section 3(4) of that Act);“
public body” means a body or other person whose functions—(a)
are of a public nature, or
(b)
include functions of that nature;
“
relevant information function” means any of the following
functions other than a function of making regulations—(a)
a function of the Secretary of State conferred by or
under—(i)
any provision of Chapter 1 (information
standards), other than section 251ZC (public censure of relevant IT providers);(ii)
any provision of Chapter 2 (health and social
care information etc), other than section 267 (power to establish accreditation scheme);(iii)
any provision of Chapter 3 (information about
adult social care);(iv)
paragraph 7B(1)(d) of Schedule 1 to the National
Health Service Act 2006 (processing of information resulting from weighing or measuring of children etc);(v)
section 2 of the Access to Medical Treatments
(Innovation) Act 2016 (database of innovative treatments);(vi)
sections 7A and 19 of the Medicines and Medical
Devices Act 2021 (information systems about medicines and medical devices);(b)
a function of the Secretary of State that is exercisable
in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England;(c)
any other functions of the Secretary of State that—
(i)
relate to the processing of information in
connection with the provision of health care or adult social care in England, and(ii)
are specified in regulations made by the
Secretary of State for the purposes of this paragraph.”
Schedule 8 amends Chapter 2 of Part 9 of the Health and Social Care Act 2012 to—
extend its extent to Scotland and Northern Ireland,
transfer functions of NHS England to the Secretary of State, and
make other changes to do with information systems.
In section 42 of the Statistics and Registration Service Act 2007 (sharing of
information about births and deaths etc), in subsection (4A), after paragraph
(d) insert— an NHS trust established under the National Health Service an NHS foundation trust,”.
“(da)
Act 2006,
(db)
In section 1 of the Care Act 2014 (promoting individual well-being), in subsection (3)—
“(ea)
the importance of the individual being able to involve
other people in such decisions and of those people receiving the information and support necessary to facilitate that involvement;”;
“(fa)
the importance of the individual having appropriate
opportunities to receive visitors;(fb)
in the case of a person who is provided with
accommodation in a care home, the importance of them having appropriate opportunities to take trips outside of the care home;”.
Before section 295 of the Health and Social Care Act 2012 (but after the italic
heading “Arrangements with devolved authorities etc”) insert— The Secretary of State may— make arrangements with the Scottish Ministers or a Scottish the Scottish health service, or the provision of social care in, or in relation to, Scotland; make arrangements with the Welsh Ministers or a Welsh health the Welsh health service, or the provision of social care in, or in relation to, Wales; make arrangements with a Northern Ireland department or a make arrangements with a public body in the Isle of Man or health care, or social care. Arrangements under this section may be on such terms as may be The Secretary of State may— direct a public body that exercises functions in, or in relation give the public body directions about the exercise of those Any rights acquired, or liabilities (including liabilities in tort) incurred, The Secretary of State must publish any directions under this section.”
“294A
Arrangements with devolved authorities etc about information
services
(1)
(a)
health body for the provision by the Secretary of State of
services or facilities in connection with the processing of
information for the purposes of—
(i)
(ii)
(b)
body for the provision by the Secretary of State of services or
facilities in connection with the processing of information for
the purposes of—
(i)
(ii)
(c)
Northern Ireland health body for the provision by the Secretary
of State of services or facilities in connection with the processing
of information for the purposes of the Northern Ireland health
service;
(d)
Channel Islands for the provision by the Secretary of State of
services or facilities in connection with the processing of
information for purposes connected with the provision in, or
in relation to, the Isle of Man or Channel Islands of—
(i)
(ii)
(2)
agreed between the parties, including terms as to payment.
294B
Delegation of functions under section
294A
(1)
(a)
to, England to exercise some or all of the Secretary of State’s
functions under section
294A
or under arrangements under
that section;
(b)
functions including directions about the processing of
information that the body obtains in exercising those functions.
(2)
in respect of the exercise by a body of any function by virtue of a
direction under this section are enforceable by or against that body
(and no other person) unless or to the extent that the direction provides
otherwise.
(3)
The Health and Social Care Act 2012 is amended as follows.
“295 Arrangements to commission services for devolved authorities
(1)
The Secretary of State may—
(a)
make arrangements with the Scottish Ministers or a Scottish
health body for the Secretary of State to commission services or facilities for the purposes of the Scottish health service;(b)
make arrangements with the Welsh Ministers or a Welsh health
body for the Secretary of State to commission services or facilities for the purposes of the Welsh health service;(c)
make arrangements with a Northern Ireland department for
the Secretary of State to commission services or facilities for the purposes of the Northern Ireland health service.(2)
Arrangements under this section may be made on such terms as may
be agreed between the parties, including terms as to payment.”
Omit section 296 (arrangements between NHS England and Scottish Ministers
etc).
For section 296A of the Health and Social Care Act 2012 substitute— The Secretary of State may make arrangements with the Scottish to exercise on behalf of the devolved authority any function to provide services or facilities in so far as the devolved Arrangements under this section may be on such terms as may be
“296A
Arrangements with devolved authorities in respect of education and
training
(1)
Ministers, the Welsh Ministers or a Northern Ireland department (“a
devolved authority”) for the Secretary of State—
(a)
of that authority that corresponds to a function of the Secretary
of State that relates to the education and training of people to
meet the workforce needs of the health service continued under
section 1 of the National Health Service Act 2006;
(b)
authority requires them in connection with the exercise of such
a function.
(2)
agreed between the parties.”
After section 296A of the Health and Social Care Act 2012 insert— The Secretary of State may— give the public body directions about the exercise of those Any rights acquired, or liabilities (including liabilities in tort) incurred, The Secretary of State must publish any directions under this section.”
“296B
Delegation of functions under section
295
and
296A
arrangements
(1)
(a)
(b)
functions, including directions about the processing of
information that the body obtains in exercising those functions.
(2)
in respect of the exercise by a body of any function by virtue of a
direction under this section are enforceable by or against that body
(and no other person) unless or to the extent that the direction provides
otherwise.
(3)
For section 298 of the Health and Social Care Act 2012 substitute— The Secretary of State or an integrated care board may provide advice Advice or assistance under this section may be provided on such
“298
Advice or assistance to public authorities in the Isle of Man or
Channel Islands
(1)
or assistance to any public body in the Isle of Man or Channel Islands
for purposes connected with the provision of health care.
(2)
terms, including terms as to payment, as the person providing the
advice or assistance considers appropriate.”
After section 298 of the Health and Social Care Act 2012 insert—
In sections
294A
to 298—
“
“
“
“ a special health and social care agency established under a Health and Social Care trust established under Article the Health and Social Care Regulation and Quality the Regional Agency for Public Health and Social the Regional Business Services Organisation established
“
“
“ are of a public nature, or include functions of that nature;
“ a Health Board or Special Health Board constituted the Common Services Agency for the Scottish Health
“
“
“ an NHS trust established under the National Health a Special Health Authority established under that Act, a Local Health Board;
“
“298A
Sections
294A
to 298: interpretation
commission”, in relation to a service, means arrange for the
provision of;
facilities” has the meaning given by section 275 of the National
Health Service Act 2006;
health care” includes all forms of health care whether relating
to physical or mental health and also includes procedures that
are similar to forms of medical or surgical care but are not
provided in connection with a medical condition;
Northern Ireland health body” means—
(a)
Article 3 of the Health and Personal Social Services
(Special Agencies) (Northern Ireland) Order 1990 (S.I.
1990/247 (N.I. 3)),
(b)
10 of the Health and Personal Social Services (Northern
Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)),
(c)
Improvement Authority (so named by section 1 of the
Health and Social Care (Reform) Act (Northern Ireland)
2009),
(d)
Well-being established under section 12 of the Health
and Social Care (Reform) Act (Northern Ireland) 2009,
or
(e)
under section 14 of the Health and Social Care (Reform)
Act (Northern Ireland) 2009;
Northern Ireland health service” means the system of health and
social care referred to in section 2 of the Health and Social Care
(Reform) Act (Northern Ireland) 2009;
processing” has the same meaning as in Parts 5 to 7 of the Data
Protection Act 2018 (see section 3(4) of that Act);
public body” means a body or other person whose functions—
(a)
(b)
Scottish health body” means—
(a)
under section 2 of the National Health Service (Scotland)
Act 1978, or
(b)
Service constituted by section 10 of that Act;
Scottish health service” means the health service continued under
section 1 of the National Health Service (Scotland) Act 1978;
social care” includes all forms of personal care and other practical
assistance provided for individuals who, by reason of age,
illness, disability, pregnancy, childbirth, dependence on alcohol
or drugs, or any other similar circumstances, are in need of
such care or other assistance;
Welsh health body” means—
(a)
Service (Wales) Act 2006,
(b)
or
(c)
Welsh health service” means the health service continued under
section 1 of the National Health Service (Wales) Act 2006.”
In section 237 of the Health and Social Care Act 2012 (NICE recommendations
etc), after subsection (8) insert— Provision made under subsection (8)(b) may include provision about
“(8A)
the period within which a recommendation is to be complied with
(including provision for the period to be determined by NICE or the
Secretary of State).”
The Health Services Safety Investigations Body is abolished.
Schedule 9
transfers the Health Services Safety Investigations Body’s functions
to the Care Quality Commission and makes other consequential amendments.
The Secretary of State may make one or more schemes for the transfer of
property, rights and liabilities from the Health Services Safety Investigations
Body to the Care Quality Commission.
The things that may be transferred under a transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making
of the scheme;
criminal liabilities.
A transfer scheme may—
create rights, or impose liabilities, in relation to property, rights or
liabilities transferred;
make provision about the continuing effect of things done by the
Health Services Safety Investigations Body in respect of anything
transferred;
make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the Health Services Safety Investigations Body in respect of anything
transferred;
make provision for references to the Health Services Safety
Investigations Body in an instrument or other document in respect of
anything transferred to be treated as references to the Care Quality
Commission;
make provision for the shared ownership or use of property;
make provision which is the same as or similar to the TUPE
regulations;
make other consequential, supplementary, incidental or transitional
provision.
In
subsection (3)
(f)
, “the TUPE regulations” means the Transfer of
Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
A transfer scheme may provide—
for modifications by agreement;
for modifications to have effect from the date when the original scheme
came into effect.
In this section, references to rights and liabilities include rights and liabilities
relating to a contract of employment.
The Treasury may by regulations make provision varying the way in which
a relevant tax has effect in relation to—
anything transferred under a scheme under section 66 , or
anything done for the purposes of, or in relation to, a transfer under
such a scheme.
The provision which may be made under
subsection (1)
(a)
includes in
particular provision for—
a tax provision not to apply, or to apply with modifications, in relation
to anything transferred;
anything transferred to be treated in a specified way for the purposes
of a tax provision;
the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything transferred.
The provision which may be made under
subsection (1)
(b)
includes in
particular provision for—
a tax provision not to apply, or to apply with modifications, in relation
to anything done for the purposes of, or in relation to, the transfer;
anything done for the purposes of, or in relation to, the transfer to
have or not have a specified consequence or be treated in a specified
way;
the Secretary of State to be required or permitted to determine, or
specify the method for determining, anything which needs to be
determined for the purposes of any tax provision so far as relating to
anything done for the purposes of, or in relation to, the transfer.
The power to make regulations under this section includes power to make—
consequential, supplementary, incidental, transitional or saving
provision;
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
Regulations under this section are subject to annulment in pursuance of a
resolution of the House of Commons.
In this section—
“
relevant tax” means income tax, corporation tax, capital gains tax, value
added tax, stamp duty or stamp duty reserve tax;
“
tax provision” means a provision of an enactment about a relevant tax.
Section 48 of the Health and Social Care Act 2008 (special reviews and
investigations) is amended as follows.
In subsection (1), after “subsection (2)(ba)” insert “, (baa) ”.
“(ba)
the exercise of the functions of an integrated care board in
arranging for the provision of NHS care under—(i)
the National Health Service Act 2006, or
(ii)
section 117 of the Mental Health Act 1983 (after-care),
In
section 90
of the
Health and Social Care Act 2008
(proceedings for offences),
in
subsection (2)
, for “3 years” substitute “5 years”.
The amendment made by subsection
(1)
does not apply in relation to
proceedings for an offence committed before it comes into force.
The Healthwatch England committee is abolished.
Schedule 10 contains consequential amendments.
Schedule 11 contains amendments which—
remove the obligation on local authorities to make arrangements for
certain activities to be carried on by Local Healthwatch organisations,
and
ensure that local authorities and integrated care boards perform or
arrange for the performance of corresponding activities.
The Medicines and Medical Devices Act 2021 is amended as follows.
In section 2 (power to make regulations about human medicines), after Regulations under subsection (1) making provision in reliance on
subsection (4) insert—
“(4A)
section 3, 4, 5 or 7 may refer to international agreements or standards
relating to human medicines, including agreements or standards as
they have effect from time to time.”
In section 16 (manufacture, marketing and supply) for subsection (2) The provision that may be made in reliance on subsection (1)(a) refers to international agreements, including such agreements refers to international standards, including such standards as refers to United Kingdom standards that are specified in a list Regulations made under section 15(1) that contain provision made in the device complies with regulatory requirements applicable a description of the device and the regulatory requirements In this section “United Kingdom standard” means a standard that is— set by the British Standards Institution, or primarily developed for use in the United Kingdom, or part
substitute—
“(2)
includes provision that—
(a)
as they have effect from time to time;
(b)
they have effect from time to time;
(c)
published by the Secretary of State from time to time.
(3)
reliance on subsection (1)(a) about relevant requirements (or exceptions
from them) may include provision in relation to a medical device
where—
(a)
somewhere outside the United Kingdom which is specified in
regulations, and
(b)
applicable to it are contained in a list published by the Secretary
of State from time to time.
(4)
(a)
(b)
of the United Kingdom.”
The Medical Devices Regulations 2002 (S.I. 2002/618) are amended as follows.
“1A Schedule
Schedule 2A has effect.”
In regulation 2 (interpretation), in paragraph (1)—
in the definition of “mutual recognition agreement”, in paragraph (a),
for “country listed in Schedule 2” substitute “country specified in a
list published by the Secretary of State from time to time”;
in the definition of “third country conformity assessment body”, for
“established in a country which is listed in Schedule 2 and designated
in accordance with a relevant” substitute “designated in accordance
with a”.
Omit Schedule 2 (mutual recognition agreements).
The Medicines and Medical Devices Act 2021 is amended as follows.
In the heading of Chapter 2 of Part 2 omit “International agreements:”.
In section 8 (disclosure of information in accordance with international
agreements)—
in the heading omit “in accordance with international agreements”;
“(2)
The relevant authority may disclose such information—
(a)
for the purposes of enabling or facilitating the exercise
by a public authority of any of its functions,(b)
for the purposes of enabling or facilitating the carrying
out by a person of an activity relating to human medicines,(c)
for the purposes of giving effect to an international
agreement or arrangement (and the disclosure that may be made for this purpose includes disclosure to a person outside the United Kingdom),(d)
for the purposes of civil proceedings or the prevention,
investigation, detection or prosecution of criminal offences, or(e)
for the purposes of warning members of the public
about matters in relation to human medicines.(3)
(3A)
The relevant authority may not disclose commercially sensitive
information in reliance on subsection (2) unless the relevant authority considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of any person to whom the commercially sensitive information relates.(3B)
In considering whether the disclosure of commercially sensitive
information in reliance on subsection (2) is appropriate the overarching objective of the relevant authority must be to safeguard public health (taking into account the safety and availability of human medicines) where that is relevant to the disclosure in question.(3C)
Where information to which this section applies is disclosed
to a person in reliance on subsection (2) (a) , (b) , (c) or (d) , the person may not use or further disclose the information except—(a)
with the agreement of the relevant authority and for a
purpose mentioned in subsection (2) , or(b)
in accordance with an enactment or order of a court or
tribunal.”;
in subsection (4), for “subsections (5) and” substitute “subsection”;
omit subsection (5);
in subsection (6)—
omit the “or” at the end of paragraph (a);
“, or
(c)
contravenes any obligation or restriction created
or arising by or under the Windsor Framework, whether or not an obligation or restriction to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies.”;
in subsection (8)—
omit the definition of “relevant person”;
““
Windsor Framework” has the meaning given by section
20(1) of the European Union (Withdrawal) Act 2018.”
Section 39 of the Medicines and Medical Devices Act 2021 (disclosure of
information relating to medical devices) is amended as follows.
“(2)
The Secretary of State may disclose such information—
(a)
for the purposes of enabling or facilitating the exercise by a
public authority of any of its functions,(b)
for the purposes of enabling or facilitating the carrying out by
a person of an activity relating to medical devices,(c)
for the purposes of giving effect to an international agreement
or arrangement (and the disclosure that may be made for this purpose includes disclosure to a person outside the United Kingdom),(d)
for the purposes of civil proceedings or the prevention,
investigation, detection or prosecution of criminal offences, or(e)
for the purposes of warning members of the public about
matters in relation to a medical device.(3)
(4)
The Secretary of State may not disclose commercially sensitive
information in reliance on subsection (2) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of any person to whom the commercially sensitive information relates.(5)
In considering whether the disclosure of commercially sensitive
information in reliance on subsection (2) is appropriate the overarching objective of the Secretary of State must be to safeguard public health (taking into account the safety and availability of medical devices) where that is relevant to the disclosure in question.”
In subsection (8)—
in the words before paragraph (a), for “subsection (3) or (4)” substitute
“
subsection (2)
(a)
,
(b)
,
(c)
or
(d)
”;
in paragraph (a), for “subsection (3) or (4)” substitute “subsection (2) ”.
In subsection (10)(c), for “the Protocol on Ireland/Northern Ireland in the EU
withdrawal agreement” substitute “the Windsor Framework (as defined by
section 20(1) of the European Union (Withdrawal) Act 2018)”.
In subsection (12)—
omit the definition of “relevant person”;
““
Windsor Framework” has the meaning given by section 20(1) of
the European Union (Withdrawal) Act 2018.”
Section 45 of the Medicines and Medical Devices Act 2021 (consultation) is
amended as follows.
In subsection (1), for “a provision of Part 1, 2, 3 or 4” substitute “Part 1 or
3”.
“(1ZA)
Before making regulations under Part 2, 4 or 5 the relevant authority
must—(a)
carry out a public consultation, or
(b)
consult such persons as it considers appropriate.”
In subsection (3), at the beginning insert “Where a public consultation is
carried out”.
In subsection (4), in the words before paragraph (a), for “subsection (1)”
substitute “subsection
(1ZA)
”.
In section 47 of the Medicines and Medical Devices Act 2021 (regulations:
procedure), for subsection (3) substitute— Regulations under Part 1 are subject to the draft affirmative procedure. Regulations under Part 2— are subject to the negative procedure if they contain only provision made in reliance on section 6(1)(a) (fees); provision amending the meaning of “appropriate regulations 217C(3) or 217CA(3) (original pack Schedule 13 (prescription only medicines for Schedule 15 (requirements for specific products Schedule 16 (patient group directions and Schedule 17 (exemption for sale, supply or Schedule 18 (substances that may not be sold or Schedule 19 (medicinal products for parenteral Schedule 21 (medicinal products at high provision amending regulation 250 of the Human are subject to the made affirmative procedure if they— contain only provision that is made in reliance on contain a declaration that the person making them are not within paragraph
(a)
; Regulations under Part 3— are subject to the negative procedure if they contain only are subject to the draft affirmative procedure if they are not Regulations under Part 4— are subject to the negative procedure if they contain only section 17(1)(a) (fees), or paragraph 9 of Schedule 2 (supplementary provision amending or revoking regulation 1ZA of the are subject to the made affirmative procedure if they— contain only provision made in reliance on section 18 contain a declaration that the person making them
“(3)
(3A)
(a)
provision of one or more of the following descriptions—
(i)
(ii)
practitioner” or “approved country health professional”
for the purposes of Part 12 of the Human Medicines
Regulations 2012 (see regulation 214 of those
regulations);
(iii)
the Human Medicines Regulations 2012—
dispensing for products containing relevant
substances: definition of “relevant substance”),
which community practitioner nurse prescribers
are appropriate practitioners),
subject to general sale),
vaccine group directions),
administration by certain persons),
supplied by a pharmacist without a prescription
in reliance on emergency provisions),
administration in an emergency), or
dilutions);
(iv)
Medicines Regulations 2012 (restrictions on persons to
be supplied with medicinal products: exceptions) for
the purpose of changing the products to which any
exception from time to time provided for by that
regulation applies;
(b)
(i)
section 7 (emergencies),
(ii)
considers that they need to be made urgently to protect
the public from an imminent risk of serious harm to
health, and
(iii)
(3B)
(a)
provision made in reliance on section 12(1)(a) (fees), and
(b)
within paragraph
(a)
.
(3C)
(a)
provision of one or more of the following descriptions—
(i)
provision about civil sanctions);
(ii)
Medical Devices Regulations 2002 (expiry of certain
provisions) or consequential on such provision;
(b)
(i)
(emergencies), and
(ii)
considers that they need to be made urgently to protect
the public from an imminent risk of serious harm to
health;
In Schedule 7 to the European Union (Withdrawal) Act 2018 (regulations), in paragraph 12—
in sub-paragraph (1) for “relate to altering the amount of a fee or
charge to reflect changes in the value of money” substitute “fall within
sub-paragraph (1A)
”.
“(1A)
Provision falls within this sub-paragraph if it relates to—
(a)
altering the amount of a fee or charge to reflect
changes in the value of money,(b)
altering the amount of a fee or charge to be charged
in connection with the exercise of a function which a public authority has by virtue of provision made under section 8C in connection with the EU medical devices Regulations, or(c)
altering the amount of a fee or charge to be charged
under the Blood Safety and Quality Regulations 2005 (S.I. 2005/50).(1B)
(a)
Regulation (EU) 2017/745 of the European Parliament
and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC, or(b)
Regulation (EU) 2017/746 of the European Parliament
and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU,as they have effect from time to time by virtue of Article 5(4) of the Windsor Framework.”
At the beginning of Part 4 of the Medicines and Medical Devices Act 2021
insert— The Secretary of State may by regulations (“medical devices prohibit a person from carrying out the following activities in supplying medical devices; advertising medical devices; prohibit a person from carrying out the following activities in manufacturing medical devices; importing medical devices; supplying medical devices by way of wholesale dealing; prohibit a person from carrying out a clinical investigation in importing medical devices into the United Kingdom as a result removing medical devices to Great Britain from Northern The Secretary of State’s overarching objective in making medical In considering whether the exercise of a function would contribute to the safety of medical devices; the availability of medical devices; the likelihood of the United Kingdom being seen as a carry out research relating to medical devices, develop medical devices, or manufacture or supply medical devices. In this Chapter—
“ Nothing in the later provisions of this Chapter limits the breadth of Medical devices regulations may make provision about the grant of The provision that may be made includes provision— requiring the Secretary of State not to grant a licence unless requiring the Secretary of State to have regard, in deciding Medical devices regulations may make provision about licence The provision that may be made includes provision— enabling the Secretary of State to include conditions in a licence; requiring the Secretary of State to include in a licence a specifying conditions that, by virtue of the regulations, are to The provision that may be made includes provision about the variation Conditions may, in particular— impose requirements on the licence holder, or in the case of a product licence, impose requirements relating Conditions imposing requirements on a licence holder may, in require the monitoring, investigation or evaluation of the safety require the provision of information to the Secretary of State; require the appointment by the licence holder of an individual
Medical devices regulations may make provision about the duration,
renewal, variation, suspension, revocation or transfer of licences.
Medical devices regulations may authorise the Secretary of State to The regulations may provide for an exemption to be subject to
Medical devices regulations may include provision for or in connection
with the establishment of a public register containing information
about licences.
Medical devices regulations may create offences in relation to— a failure to comply with specified provisions of the regulations, the provision of false or misleading information to a person The regulations must provide for any such offence to be punishable— on summary conviction in England and Wales, by on summary conviction in Scotland, to imprisonment for a if the offence is committed before the time when section 281(5) if the offence is committed after that time, 51 weeks.
Medical devices regulations may confer functions on the Secretary of
State or a local weights and measures authority in relation to the
enforcement of the regulations.
Medical devices regulations may make provision for the charging of in connection with an application for the grant of a licence, or by the holder of a licence. Fees must not exceed an amount specified in, or determined in The amount, or method for determining it, may take into account the The regulations may confer power on the Secretary of State to waive In this Chapter—
“
“
“
“
“ agreeing to supply, or offering or exposing for supply. In this Chapter— a reference to doing anything in the course of business includes a reference to the supply of a medical device by way of
“Chapter A1
Medical devices regulations (Great Britain)
14A
Licensing of medical devices
(1)
regulations”)—
(a)
the course of business otherwise than in accordance with a
product licence—
(i)
(ii)
(b)
the course of business otherwise than in accordance with a
personal licence—
(i)
(ii)
(iii)
(c)
relation to a medical device otherwise than in accordance with
a personal licence.
(2)
(a)
of their entry into Great Britain, or
(b)
Ireland.
(3)
devices regulations, and in exercising any functions under them, is to
safeguard public health.
(4)
that objective, the Secretary of State must have regard to—
(a)
(b)
(c)
favourable place in which to—
(i)
(ii)
(iii)
(5)
product licence” means a licence, issued by the Secretary of State,
authorising the supply or advertising of a medical device of a
description specified in the licence (whether by the licence
holder or otherwise).
(6)
the power conferred by subsection
(1)
.
14B
Grant of licences
(1)
licences.
(2)
(a)
satisfied as to matters specified in the regulations;
(b)
whether to grant a licence, to matters specified in the
regulations.
14C
Licence conditions
(1)
conditions.
(2)
(a)
(b)
condition specified in the regulations;
(c)
be treated as included in every licence.
(3)
of conditions included in a licence.
(4)
(a)
(b)
to the supply or advertising (by anyone) of the medical device
to which the licence relates.
(5)
particular—
(a)
or performance of a medical device;
(b)
(c)
who is resident in the United Kingdom and is authorised or
required to act on the licence holder’s behalf in relation to
matters of a specified description.
14D
Duration of licences etc
14E
Exemptions for public health purposes
(1)
grant a temporary exemption from any provision of the regulations
for the purposes of protecting public health.
(2)
conditions set out in the regulations or published by the Secretary of
State.
14F
Register of licences
14G
Offences
(1)
(a)
or
(b)
for the purposes of anything required or authorised by the
regulations.
(2)
(a)
imprisonment for a term not exceeding the maximum term for
summary offences or a fine (or both), or
(b)
term not exceeding 12 months or a fine not exceeding level 5
on the standard scale (or both).
(3)
(a)
of the Criminal Justice Act 2003 comes into force, six months;
(b)
14H
Enforcement
14I
Fees
(1)
fees that are payable—
(a)
(b)
(2)
accordance with, the regulations.
(3)
cost of exercising any functions conferred by virtue of the regulations.
(4)
fees.
14J
Interpretation
(1)
clinical investigation” means an investigation that involves
human subjects, or specimens from the human body, and is
undertaken to assess the safety or performance of a medical
device;
grant”, in relation to a licence, includes vary or renew;
licence” means a product licence or personal licence;
manufacturing” includes assembling;
supplying” includes—
(a)
(b)
(2)
(a)
doing it in connection with the provision of services in
pursuance of arrangements made under any legislation;
(b)
wholesale dealing includes the supply of it to a person who
receives it for the purposes of providing services to a patient
or for the purposes of supplying it to a patient.
(3)
After section
14J
of the Medicines and Medical Devices Act 2021 (inserted by
section 79
of this Act) insert— The Secretary of State may by regulations restate, to any extent, the In this section, “the Northern Ireland medical devices legislation” regulations under section 15(1) (before its repeal by
section 82
of the Health Act 2026),
the Medical Devices Regulations 2002 (S.I. 2002/618), the Medical Devices (Northern Ireland Protocol) Regulations the EU Medical Devices Regulations. A restatement may use words or concepts that are different from those A restatement may make any change which the Secretary of State resolving ambiguities; removing doubts or anomalies; facilitating improvement in the clarity or accessibility of the The provision that may be made by the regulations may be made by
“Chapter A2
Power to restate law in Northern Ireland
14K
Power to restate law in Northern Ireland
(1)
Northern Ireland medical devices legislation.
(2)
means—
(a)
(b)
(c)
2021, and
(d)
(3)
used in the law being restated.
(4)
considers appropriate for one or more of the following purposes—
(a)
(b)
(c)
law (including by omitting anything which is legally
unnecessary).
(5)
modifying any enactment.”
In section 42 of the Medicines and Medical Devices Act 2021 (interpretation
of Part 4), after subsection (2) insert— The Secretary of State may by regulations make provision about the
“(3)
meaning of “medical device” in this Part (including by amending this
section).”
The Medicines and Medical Devices Act 2021 is amended as follows.
Omit Chapter 1 of Part 4 (medical devices - regulations: general).
The repeal of Chapter 1 of Part 4 of the Medicines and Medical Devices Act
2021 by subsection
(2)
does not affect any regulations made under section
15(1) of that Act before its repeal in so far as they extend to Northern Ireland.
In section 21 (compliance notices)—
in subsection (1) omit “involved in marketing or supplying a medical
device”;
“(5)
Where—
(a)
there is a failure to comply with a medical devices
provision as it extends to Northern Ireland, and(b)
the person mentioned in subsection (1) is a manufacturer
for the purposes of any provision in the EU Medical Devices Regulations,a notice under subsection (2) may be served on the manufacturer or on another person who has been designated by the manufacturer to act as their representative (or both).
(5A)
Nothing in subsection (5) limits the circumstances in which a
notice can otherwise be given to a person by giving it to someone on their behalf.”
In section 34 (recovery of expenses of enforcement), in subsection (1)(a), before regulations under
section 14A
(1)
,”.
paragraph (i) insert—
“(ai)
In section 42 of the Medicines and Medical Devices Act 2021 (interpretation
of Part 4), in subsection (2) omit the definition of “manufacturer”.
“43 Power to make consequential etc provision
(1)
Regulations under this Act may make consequential provision.
(2)
The Secretary of State may by regulations—
(a)
make provision that—
(i)
(ii)
extends to Northern Ireland;
(3)
The provision that may be made by regulations under section 14A (1) by virtue of subsection (1) of this section, or by regulations under subsection (2) (b) of this section, includes provision amending—
(a)
an Act (including this Act),
(b)
an Act of the Scottish Parliament, or
(c)
an Act of Senedd Cymru.
(4)
The provision that may be made by regulations under section 14K (1) by virtue of subsection (1) of this section, or by regulations under subsection (2) (a) of this section, includes provision amending—
(a)
an Act (including this Act), or
(b)
Northern Ireland legislation.
(5)
Regulations under this Act may—
(a)
make supplementary, incidental, transitional, transitory or
saving provision;(b)
make different provision for different purposes;
(c)
make different provision for different areas;
(d)
make provision for all cases to which the power applies or for
those cases subject to specified exceptions or for any specified cases or descriptions of case.(6)
This section does not apply in relation to—
(a)
regulations under sections 50 or 51 (commencement and
transitional provision);(b)
regulations under paragraph 9 of Schedule 2 (supplementary
provision about civil sanctions).”
In section 45 (consultation), in subsection (3)—
“(3C)
Regulations under Part 4—
(a)
are subject to the negative procedure if they contain only
provision made in reliance on paragraph 9 of Schedule 2 (supplementary provision about civil sanctions);(b)
are subject to the draft affirmative procedure if they are not
within paragraph (a).(3D)
Regulations under Part 5—
(a)
(b)
are subject to the draft affirmative procedure if they are not
within paragraph (a) .”
Omit Part 6 (duty to report on operation of medicines and medical devices
legislation within 5 years of passing of Act).
In Schedule 2 (medical devices: civil sanctions)—
“(za)
regulations under section 14A (1) ,”;
“(ai)
regulations under section 14A (1) ,”;
“(ai)
regulations under section 14A (1) ,”;
in paragraph 13(1), in paragraph (a), after “under” insert “regulations
under
section 14A
(1)
,”
In Schedule 1 to the Civil Contingencies Act 2004 (responders), after paragraph A National Health Service trust established under the National ambulance services, or hospital accommodation and services in relation to accidents
4B insert—
“5
Health Service Act 2006 if, and in so far as, it has the function of
providing—
(a)
(b)
and emergencies.”
In the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644) omit
article 47(2) (which makes transitory modifications the effects of which are
replicated by the amendment made by subsection
(1)
).
Schedule 12 contains minor and consequential amendments, including amendments—
transferring various functions of NHS England to the Secretary of
State, and
repealing certain of NHS England’s functions.
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under this section may amend, repeal or revoke provision made
by primary legislation passed or made—
before this Act, or
later in the same session of Parliament as this Act
(as well as amending or revoking provision made under such primary legislation).
The power to make regulations under this section includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
A statutory instrument containing regulations under this section that amend,
repeal or revoke provision made by primary legislation (whether alone or
with other provision) may not be made unless a draft of the instrument has
been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.
In this section “primary legislation” means—
an Act,
an Act or Measure of Senedd Cymru,
an Act of the Scottish Parliament, or
Northern Ireland legislation.
There is to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State under or by virtue
of this Act, and
any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
This Act extends to England and Wales only, subject as follows.
The following extend to England and Wales, Scotland and Northern Ireland—
section
58
(arrangements with devolved authorities etc about
information services);
section
61
(delegation of functions under arrangements with devolved
authorities);
section 63 (sections 58 to 62 : interpretation);
paragraph
4
of Schedule
9
in so far as it inserts
section 51P
of the
Health and Social Care Act 2008;
Section 80 extends to Northern Ireland only.
An amendment, repeal or revocation made by any provision of this Act not
mentioned in subsection
(2)
has the same extent as the provision amended,
repealed or revoked.
The following comes into force at the end of the period of two months
beginning with the day on which this Act is passed—
section
69
(Care Quality Commission: time limit for bringing
proceedings);
The other provisions of this Act come into force on such day as the Secretary
of State may by regulations appoint.
Different days may be appointed for different purposes.
The Secretary of State may by regulations make transitional or saving provision
in connection with the coming into force of any provision of this Act.
The power to make regulations under
subsection (6)
includes power to make
different provision for different purposes.
Regulations under this section are to be made by statutory instrument.
This Act may be cited as the Health Act 2026.
The National Health Service Act 2006 is amended as follows.
“Meaning of primary medical services
82A Primary medical services for purposes of this Act
(1)
Regulations may provide that services of a prescribed description
must, or must not, be regarded as primary medical services for the purposes of this Act.(2)
Regulations under this section may, in particular, describe services
by reference to the manner or circumstances in which they are provided.Duty of integrated care boards to arrange primary medical services
82B Duty of integrated care boards to arrange primary medical services
(1)
Each integrated care board must exercise its powers so as to secure
the provision of primary medical services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility.(2)
For the purposes of this section an integrated care board has
responsibility for—(a)
the group of people for whom it has core responsibility (see
section 14Z31), and(b)
such other people as may be prescribed (whether generally
or in relation to a prescribed service).General functions
83 General power to make arrangements
(1)
An integrated care board may make such arrangements for the
provision of primary medical services as it considers appropriate for the purpose of discharging its functions under section 82B (and may, in particular, make contractual arrangements with any person).(2)
The arrangements that may be made by an integrated care board
under this section include arrangements for the performance of a service outside its area (whether or not in England).(3)
The powers under this section are in addition to the powers
conferred by sections 84 and 92.83A Publication of information
Each integrated care board must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act.”
Section 84 (general medical services contracts: introductory) is amended as
follows.
In subsection (1), for “The Board” substitute “An integrated care board”.
In subsection (3) for “the Board” substitute “the integrated care board”.
“(4)
The services to be provided under a general medical services contract
may include services which are not primary medical services.(4A)
The services to be provided under a general medical services contract
entered into by an integrated care board may include services to be performed outside its area (whether or not in England).”
In subsection (5), for “the Board” substitute “the integrated care board”.
In section 86 (persons eligible to enter into GMS contracts), in subsection
(1), for “The Board” substitute “An integrated care board”.
In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board”
substitute “an integrated care board”.
In section 89 (GMS contracts: other required terms), in subsection (4)(a),
for “the Board” substitute “an integrated care board”.
Section 91 (persons performing primary medical services) is amended as
follows.
In subsection (1)—
for “the Board” substitute “an integrated care board”;
for “NHS England” substitute “the Secretary of State”.
“(b)
an integrated care board is responsible for a primary medical
service if it secures its provision under or by virtue of any enactment.”
In subsection (3)(j), for “NHS England” substitute “the Secretary of State”.
In subsection (4)(a), (b) and (d), for “NHS England” substitute “the Secretary
of State”.
“(za)
ensuring that only suitable persons are included in a list,
(zb)
addressing inappropriate conduct,”.
Omit subsection (6).
Section 92 (arrangements for the provision of primary medical services) is
amended as follows.
In the heading, for “the Board” substitute “an integrated care board”.
“(1)
An integrated care board may make agreements, other than
arrangements pursuant to section 83 or general medical services contracts, under which primary medical services are provided.”
Section 93 (persons with whom agreements may be made under section
92) is amended as follows.
In subsection (1), for “The Board” substitute “An integrated care board”.
In subsection (3), for the definition of “the Northern Ireland health service”
““
substitute—
the Northern Ireland health service” means the system of health and
social care referred to in section 2 of the Health and Social Care
(Reform) Act (Northern Ireland) 2009,”.
Section 94 (regulations about section 92 arrangements) is amended as
follows.
In subsection (2), for “the Board” substitute “an integrated care board”.
“(ca)
provide that section 92 arrangements made by an integrated
care board may be made in relation to services to be performed outside its area (whether or not in England),”.
In subsection (6), for “the Board” substitute “an integrated care board”.
In subsection (7), in the words before paragraph (a), for the words from
“as” to “the” substitute “as to the”.
Omit section 96 (assistance and support: primary medical services) and the
italic heading before it.
Section 97 (Local Medical Committees) is amended as follows.
In subsection (1), for “The Board may recognise a committee formed for
an area, which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part
of the integrated care board’s area if it is satisfied that the committee”.
In subsection (3)(b), for “the Board” substitute “the integrated care board”.
In subsection (6), for “the Board” substitute “an integrated care board”.
In subsection (10)—
for “The Board” substitute “An integrated care board”;
in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.
Omit section 98A (power to direct integrated care boards) and the italic
heading before it.
“Meaning of primary dental services
98C Primary dental services for purposes of this Act
(1)
Regulations may provide that services of a prescribed description
must, or must not, be regarded as primary dental services for the purposes of this Act.(2)
Regulations under this section may, in particular, describe services
by reference to the manner or circumstances in which they are provided.Duty of integrated care boards to arrange primary dental services
99 Duty of integrated care boards to arrange primary dental services
Each integrated care board must exercise its powers so as to secure the provision of primary dental services within its area to such extent as it considers necessary to meet the reasonable requirements of people seeking to obtain those services there.
General functions
99A General power to make arrangements
(1)
An integrated care board may make such arrangements for the
provision of primary dental services as it considers appropriate for the purpose of discharging its functions under section 99 (and may, in particular, make contractual arrangements with any person).(2)
The powers in this section are in addition to the powers conferred
by sections 100 and 107.99B Publication of information
Each integrated care board must publish information about such matters as may be prescribed in relation to the primary dental services provided under this Act.”
Section 100 (general dental services contracts: introductory) is amended as
follows.
In subsection (1), for “The Board” substitute “An integrated care board”.
In subsection (3)—
for “the Board” substitute “the integrated care board”;
in paragraph (a) omit the words from “(which” to the end.
“(3A)
The services to be provided under a general dental services contract
may include services which are not primary dental services.”
In subsection (4), for “the Board” substitute “the integrated care board”.
In section 102 (persons eligible to enter into GDS contracts), in subsection
(1), for “The Board” substitute “An integrated care board”.
In section 103 (GDS contracts: payments), in subsection (3)(d), for “the
Board” substitute “an integrated care board”.
In section 104 (GDS contracts: other required terms), in subsection (3), for
“the Board” substitute “an integrated care board”.
Section 106 (persons performing primary dental services) is amended as
follows.
In subsection (1)—
for “the Board” substitute “an integrated care board”;
for “NHS England” substitute “the Secretary of State”.
“(b)
an integrated care board is responsible for a primary dental
service if it secures its provision under or by virtue of any enactment.”
In subsection (3)(j), for “NHS England” substitute “the Secretary of State”.
In subsection (4)(a), (b) and (d), for “NHS England” substitute “the Secretary
of State”.
“(za)
ensuring that only suitable persons are included in a list,
(zb)
addressing inappropriate conduct,”.
Omit subsection (6).
Section 107 (arrangements for the provision of primary dental services) is
amended as follows.
In the heading, for “the Board” substitute “an integrated care board”.
“(1)
An integrated care board may make agreements, other than
arrangements pursuant to section 99A or general dental services contracts, under which primary dental services are provided.”
Omit subsection (6).
Section 108 (persons with whom agreements may be made under section
107) is amended as follows.
In subsection (1), for “The Board” substitute “An integrated care board”.
In subsection (3), for the definition of “the Northern Ireland health service”
““
substitute—
the Northern Ireland health service” means the system of health and
social care referred to in section 2 of the Health and Social Care
(Reform) Act (Northern Ireland) 2009,”.
Section 109 (regulations about section 107 arrangements) is amended as
follows.
In subsection (2), for “the Board” substitute “an integrated care board”.
In subsection (3) omit paragraph (ca).
In subsection (6), for “the Board” substitute “an integrated care board”.
In subsection (7), in the words before paragraph (a), for the words from
“as” to “terms” substitute “as to the terms”.
Omit section 112 (assistance and support: primary dental services) and the
italic heading before it.
Section 113 (Local Dental Committees) is amended as follows.
In subsection (1), for “The Board may recognise a committee formed for
an area, which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part
of the integrated care board’s area if it is satisfied that the committee”.
In subsection (3)—
in paragraph (a) omit sub-paragraph (i);
in paragraph (b), for “the Board” substitute “the integrated care
board”.
In subsection (6), for “the Board” substitute “an integrated care board”.
In subsection (10)—
for “The Board” substitute “An integrated care board”;
in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.
Omit section 114A (power to direct integrated care boards) and the italic
heading before it.
“Meaning of primary ophthalmic services
114B Primary ophthalmic services for purposes of this Act
(1)
(2)
Regulations under this section may, in particular, describe services
by reference to the manner or circumstances in which they are provided.”
In the italic heading before section 115, for “the Board” substitute “integrated
care boards”.
Section 115 (primary ophthalmic services) is amended as follows.
For the heading substitute “Duty of integrated care boards to arrange
primary ophthalmic services”.
“(1)
Each integrated care board must exercise its powers so as to secure
the provision, within its area, of the following primary ophthalmic services—(a)
the sight-testing service mentioned in subsection (2),
(b)
such other primary ophthalmic services as may be prescribed,
and(c)
to the extent that it considers necessary to meet all reasonable
requirements, any further primary ophthalmic services.”
Omit subsections (1A), (4), (4A), (5), (7) and (8).
“General functions
116A General powers to make arrangements
(1)
An integrated care board may make such arrangements for the
provision of primary ophthalmic services as it considers appropriate for the purpose of discharging its functions under section 115 (and may, in particular, make contractual arrangements with any person).(2)
The powers in this section are in addition to the power conferred
by section 117.116B Publication of information
Each integrated care board must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.”
Section 117 (general ophthalmic services contracts: introductory) is amended
as follows.
In subsection (1), for “The Board” substitute “An integrated care board”.
In subsection (3) for “the Board” substitute “the integrated care board”.
“(4)
The services to be provided under a general ophthalmic services
contract may include services which are not primary ophthalmic services.”
In subsection (5), for “the Board” substitute “the integrated care board”.
In section 118 (persons eligible to enter into GOS contracts), in subsection
(1), for “The Board” substitute “An integrated care board”.
In section 119 (exclusion of contractors), in subsection (1), for “the Board”
substitute “an integrated care board”.
In section 120 (GOS contracts: payments), in subsection (3)(d), for “the
Board” substitute “an integrated care board”.
In section 121 (GOS contracts: other required terms), in subsection (3)(a),
for “the Board” substitute “an integrated care board”.
Section 123 (persons performing primary ophthalmic services) is amended
as follows.
In subsection (1)—
for “the Board” substitute “an integrated care board”;
for “NHS England” substitute “the Secretary of State”.
“(b)
an integrated care board is responsible for a primary
ophthalmic service if it secures its provision under or by virtue of any enactment.”
In subsection (3)(j), for “NHS England” substitute “the Secretary of State”.
In subsection (4)(a), (b) and (d), for “NHS England” substitute “the Secretary
of State”.
“(za)
ensuring that only suitable persons are included in a list,
(zb)
addressing inappropriate conduct,”.
Omit subsection (7).
Omit section 124 (assistance and support: primary ophthalmic services)
and the italic heading before it.
Section 125 (Local Optical Committees) is amended as follows.
In subsection (1), for “The Board may recognise a committee formed for
an area, which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part
of the integrated care board’s area if it is satisfied that the committee”.
In subsection (3)(b), for “the Board” substitute “the integrated care board”.
In subsection (7), for “the Board” substitute “an integrated care board”.
In subsection (10)—
for “The Board” substitute “An integrated care board”;
in paragraphs (a) and (b), for “the Board” substitute “the integrated
care board”.
Omit section 125A (power to direct integrated care boards) and the italic
heading before it.
Section 126 (arrangements for pharmaceutical services) is amended as
follows.
In subsection (1), for “NHS England” substitute “Each integrated care
board”.
In subsection (3), for “persons who are in England” substitute “people for
whom the integrated care board has responsibility”.
In subsection (6), for “NHS England” substitute “an integrated care board”.
“(8A)
For the purposes of this section an integrated care board has
responsibility for—(a)
the group of people for whom it has core responsibility (see
section 14Z31), and(b)
such other people as may be prescribed (whether generally
or in relation to a prescribed service).”
In subsection (9), for the definition of “the Northern Ireland health service”
““
substitute—
the Northern Ireland health service” means the system of health and
social care referred to in section 2 of the Health and Social Care
(Reform) Act (Northern Ireland) 2009.”
Section 127 (arrangements for additional pharmaceutical services) is
amended as follows.
In subsection (1)—
in paragraph (a)—
for “NHS England” substitute “an integrated care board”;
for “persons in England” substitute “people for whom the
integrated care board has responsibility”;
in paragraph (b), for “NHS England” substitute “an integrated care
board”.
In subsection (2), for “NHS England” substitute “an integrated care board”.
In subsection (3), for “the Drug Tariff or in such other” substitute “such”.
“(3A)
For the purposes of this section an integrated care board has
responsibility for—(a)
the group of people for whom it has core responsibility (see
section 14Z31), and(b)
such other people as may be prescribed (whether generally
or in relation to a prescribed service).”
In subsection (4) omit the definition of “Drug Tariff”.
Section 128 (terms and conditions, etc) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (4), for “NHS England” substitute “An integrated care board”.
In subsection (5), for “NHS England” substitute “an integrated care board”.
Section 129 (regulations as to pharmaceutical services) is amended as
follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (2)—
in paragraph (a)—
for “NHS England” substitute “an integrated care board”;
for “from premises in England” substitute “at or from
premises in its area”;
in paragraph (b)—
in the words before sub-paragraph (i), for “NHS England”
substitute “an integrated care board”;
in sub-paragraph (ii), after “premises” insert “at or”;
in paragraph (c), for “NHS England” substitute “an integrated care
board”;
in paragraph (d)—
in sub-paragraph (i), after “provided” insert “at or”;
in sub-paragraph (ii), after “provide” insert “at or”;
in the words after sub-paragraph (ii), after “provide” insert
“at or”.
In subsection (2ZA), for “NHS England” substitute “An integrated care
board”.
Omit subsection (2ZB).
In subsection (2A), for “NHS England” substitute “An integrated care
board”.
In subsection (2B), after “premises” insert “at or”.
In subsection (2C)—
in the words before paragraph (a), for “NHS England” substitute
“an integrated care board”;
in paragraphs (a) and (b), for “NHS England” substitute “the
integrated care board”.
In subsection (3A), for “NHS England” substitute “an integrated care board”.
In subsection (4)—
in the words before paragraph (a), for “NHS England” substitute
“an integrated care board”;
in paragraphs (b) and (c), for “NHS England” substitute “the
integrated care board”.
In subsection (5)—
for “NHS England” substitute “the integrated care board”;
after “at” insert “or from”.
In subsection (6)—
in paragraph (za), for “NHS England” substitute “an integrated care
board”;
in paragraph (a), for “NHS England” substitute “an integrated care
board”;
in paragraph (b)—
for “NHS England”, in the first place it occurs, substitute
“an integrated care board”;
for “NHS England”, in the second place it occurs, substitute
“the board”;
in paragraph (c)—
for “NHS England”, in the first place it occurs, substitute
“an integrated care board”;
for “NHS England”, in the second place it occurs, substitute
“the board”;
in paragraph (d) omit “an application to NHS England”;
in paragraph (e)—
after “premises”, in the first place it occurs, insert “at or”;
for “NHS England” substitute “the integrated care board”;
in each of paragraphs (f), (g), (h), (i), (j) and (k) for “NHS England”,
in each place it occurs, substitute “an integrated care board”.
In subsection (8)(b), for “NHS England” substitute “an integrated care
board”.
In subsection (10A), for “NHS England” substitute “An integrated care
board”.
In section 130 (regulations under section 129: appeals, etc), in subsection
(2)—
for “NHS England”, in the first place it occurs, substitute “an
integrated care board”;
for “the decision of NHS England” substitute “any such refusal”.
Section 131 (power to charge) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (2)(b), for “NHS England” substitute “the integrated care
board”.
In subsection (3)(b), for “NHS England” substitute “the integrated care
board”.
In subsection (5), for “NHS England” substitute “the integrated care board”.
Section 132 (persons authorised to provide pharmaceutical services) is
amended as follows.
In subsection (3)—
for “NHS England”, in the first place it occurs, substitute “each
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
integrated care board”.
In subsection (4)—
in paragraph (d), for “NHS England” substitute “an integrated care
board”;
in paragraph (e)—
for “NHS England” substitute “an integrated care board”;
for “Primary Care Trust” substitute “board”.
In subsection (5)—
for “NHS England”, in the first place it occurs, substitute “an
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
board”.
Section 134 (pilot schemes) is amended as follows.
In subsection (1), for “NHS England” substitute “An integrated care board”.
In subsection (2)—
in paragraph (a), for “NHS England” substitute “an integrated care
board”;
in paragraph (b), after “provided” insert “to people for whom the
integrated care board has responsibility”.
“(2A)
For the purposes of this section an integrated care board has
responsibility for—(a)
the group of people for whom it has core responsibility (see
section 14Z31), and(b)
such other people as may be prescribed (whether generally
or in relation to a prescribed service).”
“(4A)
Regulations may make provision about the remuneration to be paid
to persons who provide services under a pilot scheme, including provision about determination of the remuneration and who is liable to pay it (and the provision that may be made by virtue of this paragraph includes provision corresponding to any provision that may be made by regulations under section 164).”
In subsection (5), for “NHS England” substitute “an integrated care board”.
Section 136 (designation of priority neighbourhoods or premises) is amended
as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (2)—
in paragraph (b), for “NHS England” substitute “an integrated care
board”;
“(d)
requiring a designation to be cancelled in prescribed
circumstances.”
In section 137 (reviews of pilot schemes), in subsection (3), for paragraph the integrated care board that established the pilot scheme,”.
(a) (but not the “and” at the end) substitute—
“(a)
Section 138 (variation and termination of pilot schemes) is amended as
follows.
In subsection (1), for “NHS England” substitute “integrated care boards”.
In subsections (2) and (3), for “NHS England” substitute “the integrated
care board concerned”.
Section 140 (funding of preparatory work) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State or
an integrated care board”.
In subsection (3)(b) and (c), for “NHS England” substitute “the Secretary
of State or an integrated care board”.
In section 141 (application of Act) omit paragraph (b) and the “but” before
it.
In section 144 (local pharmaceutical services schemes) for “NHS England
or the Secretary of State” substitute “integrated care boards”.
Omit section 147 (assistance and support: local pharmaceutical services)
and the italic heading before it.
Section 147A (performers of pharmaceutical services and assistants) is
amended as follows.
“(1)
Regulations may make provision for the preparation, maintenance
and publication by the Secretary of State or an NHS body of one or more lists of—(a)
persons approved by the Secretary of State or the NHS body
for the purpose of assisting in the provision of pharmaceutical services which an integrated care board arranges;(b)
persons approved by the Secretary of State or the NHS body
for the purpose of performing local pharmaceutical services.”
In subsection (2)(a), for “NHS England” substitute “an integrated care
board”.
In subsection (3)(f), (i) and (k), for “NHS England” substitute “the Secretary
of State or the NHS body”.
In subsection (5)(a), (b) and (d), for “NHS England” substitute “the Secretary
of State or the NHS body”.
“(za)
ensuring that only suitable persons are included in a list,
(zb)
addressing inappropriate conduct,”.
In subsection (7), for “NHS England”, in each place it occurs, substitute
“the Secretary of State or the NHS body”.
In subsection (8), for “NHS England”, in both places it occurs, substitute
“the Secretary of State or the NHS body”.
In subsection (9), for “NHS England”, in both places it occurs, substitute
“the Secretary of State or the NHS body”.
Omit subsection (10).
Section 147B (further provision about regulations under section 147A) is
amended as follows.
In subsection (2)(d) omit “NHS England by”.
In subsection (3), for “by NHS England” substitute “as mentioned in
subsection (2)(a) to (d)”.
Section 148 (conditional inclusion in pharmaceutical lists) is amended as
follows.
In subsection (1)—
“(a)
that a person included in a pharmaceutical list is
subject to conditions determined by the integrated care board in whose list the person is included,”;
in paragraphs (b), (c) and (e), for “NHS England” substitute “the
integrated care board”.
Omit subsection (2).
In subsection (3)—
in paragraph (a)—
for “NHS England”, in the first place it occurs, substitute
“the integrated care board”;
for “their” substitute “its”;
for “NHS England”, in the second place it occurs, substitute
“the integrated care board”.
in paragraph (b)(ii) and (iii), for “NHS England”, in each place it
occurs, substitute “the integrated care board”.
In subsection (4), for “NHS England”, in each place it occurs, substitute
“the integrated care board”.
In subsection (6), for “NHS England” substitute “an integrated care board”.
Section 150A (notices and penalties) is amended as follows.
In subsection (1)—
for “NHS England”, in the first place it occurs, substitute “an
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
integrated care board”.
In subsection (2), for “NHS England” substitute “integrated care boards”.
Section 151 (disqualification of practitioners) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (5), for “NHS England” substitute “the integrated care board”.
In subsection (6), for “NHS England” substitute “The integrated care board”.
Section 152 (contingent removal) is amended as follows.
In subsection (1), for “NHS England” substitute “the integrated care board”.
In subsection (3), for “NHS England” substitute “the integrated care board”.
In subsection (4), for “NHS England” substitute “An integrated care board”.
Section 154 (suspension) is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “NHS England” substitute
“an integrated care board”;
“(i)
the practitioner,”.
In subsection (3), for “NHS England” substitute “the integrated care board”.
In subsection (4)—
for “NHS England”, in the first place it occurs, substitute “the
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
board”.
In subsection (6)(b) and (c), for “NHS England” substitute “the integrated
care board”.
In subsection (8), for “NHS England” substitute “the integrated care board”.
Section 155 (suspension pending appeal) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (3), for “NHS England” substitute “the integrated care board”.
“(5)
If an integrated care board suspends a practitioner under this section
it may revoke the suspension.”
In subsection (6), for “NHS England” substitute “an integrated care board”.
Section 157 (review of decisions) is amended as follows.
In subsection (1)—
for “NHS England” substitute “An integrated care board”;
after “suspension”, in the first place it occurs, insert “by the board”.
In subsection (2)(a), for “NHS England” substitute “the integrated care
board”.
In subsection (3), for “NHS England” substitute “the integrated care board”.
Section 158 (appeals) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (2), for “NHS England” substitute “The integrated care board”.
In subsections (3) and (4), for “NHS England” substitute “the integrated
care board”.
In subsection (5)—
for “NHS England”, in the first place it occurs, substitute “the
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
board”.
In subsection (6), for “NHS England” substitute “The integrated care board”.
In subsection (7), for “NHS England” substitute “integrated care boards”.
In section 160 (notification of decisions), for “NHS England” substitute “an
integrated care board”.
In section 161 (withdrawal from lists), in paragraphs (a) and (b), for “NHS
England” substitute “an integrated care board”.
Section 162 (regulations about decisions under this Chapter) is amended
as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsections (2)(b) and (c) and (3), for “NHS England” substitute “the
integrated care board”.
Section 164 (remuneration for persons providing pharmaceutical services)
is amended as follows.
“(1)
Regulations must make provision about the remuneration to be paid
to persons who provide pharmaceutical services under Chapter 1 of this Part, including provision about—(a)
determination of the remuneration;
(b)
who is liable to pay the remuneration.
(2)
The regulations may include provision about the remuneration to
be paid to those persons in respect of the instruction of any person in matters relating to those services.(3)
(a)
who is to determine the remuneration (the “determining
authority”), and(b)
the things in respect of which remuneration is payable (and
the regulations may provide for things in respect of which remuneration is payable to be determined by the determining authority).(3A)
See also section 165 (which makes further provision about
determinations under the regulations).(3B)
(3C)
The regulations may—
(a)
specify services in respect of which the integrated care board
is liable to make payments;(b)
specify elements of remuneration in respect of which the
integrated care board is liable to make payments.”
In subsection (6), for the words from the beginning to “under this section
and” substitute “Regulations under subsection
(1)
”.
In subsection (7)—
after “Regulations” insert “under subsection (1) ”;
in paragraph (a), for “this section” substitute “the regulations”.
In subsection (8A), in the words before paragraph (a), after “Regulations”
insert “under subsection
(1)
”.
In subsection (9), after “Regulations” insert “under subsection (1) ”.
In subsection (10)—
omit “or section 165”;
for “this section”, in the second place it occurs, substitute
“regulations under subsection
(1)
”.
Section 165 (section 164: supplementary) is amended as follows.
“(A1)
This section applies in relation to determinations under regulations
under section 164(1).”
In subsection (6), for the words before paragraph (a) substitute “A
determination may, in particular, relate to—”.
“165A Pharmaceutical remuneration: further provision
Schedule 12A makes further provision in connection with remuneration paid by the Secretary of State to persons providing pharmaceutical services or local pharmaceutical services.”
Section 166 (indemnity cover) is amended as follows.
In subsection (2)(b)—
for “NHS England”, in the first place it occurs, substitute “an
integrated care board”;
for “NHS England”, in the second and third places it occurs,
substitute “the board”.
In subsection (3), in the definition of “indemnity cover”, for “NHS England”
substitute “an integrated care board”.
Section 167 (Local Pharmaceutical Committees) is amended as follows.
In subsection (1) for “NHS England may recognise a committee formed for
an area which it is satisfied” substitute “An integrated care board may
recognise a committee formed for an area that includes the whole or part
of the integrated care board’s area if it is satisfied that the committee”.
In subsection (2)—
in paragraph (a), for “NHS England” substitute “an integrated care
board”;
in paragraph (b), for “NHS England” substitute “the integrated care
board that recognises the committee”.
In subsection (3)—
in paragraph (a), for “NHS England” substitute “an integrated care
board”;
in paragraph (b), for “NHS England” substitute “the integrated care
board that recognises the committee”.
In subsections (6) and (7), for “NHS England” substitute “an integrated
care board”.
In subsection (9)—
for “NHS England”, in the first place it occurs, substitute “An
integrated care board”;
for “NHS England”, in the second place it occurs, substitute “the
board”.
“(10)
The amount of any sums allotted under subsection (9) must be
deducted by the relevant person from pharmaceutical remuneration payable by them to persons of whom the committee is representative under subsection (1)(a) in such proportions as the Secretary of State may determine.(11)
In subsection (10) —
“
pharmaceutical remuneration” means remuneration payable
by the Secretary of State or an integrated care board to persons providing pharmaceutical services;“
relevant person” means—(a)
the Secretary of State, or
(b)
if the Secretary of State so directs, the integrated care
board that allotted the sums under subsection (9).”
Omit section 168A (exercise of functions) and the italic heading before it.
Schedule 11 (pilot schemes) is amended as follows.
In paragraph 1(1)(a), for “NHS England” substitute “an integrated care
board”.
In paragraph 2—
in sub-paragraphs (1) and (2) for “NHS England” substitute “an
integrated care board”;
omit sub-paragraphs (3) to (6).
In paragraph 3(2) and (3)(a) and (b), for “NHS England” substitute “the
integrated care board”.
In paragraph 4—
in sub-paragraph (1), for “NHS England” substitute “an integrated
care board”;
in sub-paragraph (2), for “NHS England” substitute “The integrated
care board”;
in sub-paragraph (4), for “NHS England” substitute “the integrated
care board”.
In paragraph 5(1)(a) and (3), for “NHS England” substitute “the integrated
care board”.
In paragraph 7—
“(1)
If the Secretary of State notifies an integrated care board
in accordance with paragraph 3(3)(a) that proposals for a pilot scheme have been approved, the board must implement those proposals.”;
in sub-paragraph (2), for “NHS England” substitute “an integrated
care board”;
in sub-paragraph (3) omit “(either under sub-paragraph (1) or
generally)”;
omit sub-paragraph (4).
“8
As soon as is reasonably practicable after implementing proposals
for a pilot scheme, the integrated care board concerned must publish details of the scheme.”
Schedule 12 (local pharmaceutical services schemes) is amended as follows.
In paragraph 1—
“(1)
Integrated care boards may establish LPS schemes.”;
in sub-paragraph (2)—
“(a)
made by an integrated care board in
accordance with this Schedule;”;
in paragraph (b), for “(otherwise than by the commissioner)”
substitute “, otherwise than by the board, to people for whom
the board has responsibility”;
“(2ZA)
For the purposes of this paragraph an integrated care
board has responsibility for—(a)
the group of people for whom it has core
responsibility (see section 14Z31), and(b)
such other people as may be prescribed (whether
generally or in relation to a prescribed service).”;
omit sub-paragraphs (2B) and (2C);
in sub-paragraph (5), for “NHS England” substitute “an integrated
care board”;
in sub-paragraph (6), for “, an NHS foundation trust and NHS
England” substitute “ and an NHS foundation trust”.
In paragraph 2—
in sub-paragraph (1), for “NHS England” substitute “an integrated
care board”;
in sub-paragraph (2)—
in paragraph (b), for “NHS England” substitute “an
integrated care board”;
“(d)
requiring a designation to be cancelled in
prescribed circumstances.”
In paragraph 3—
in sub-paragraph (2), for “the commissioner” substitute “the
integrated care board”;
in sub-paragraph (3)—
“(da)
make provision about the remuneration to be
paid to persons who provide services under an LPS scheme, including provision about determination of the remuneration and who is liable to pay it (and the provision that may be made by virtue of this paragraph includes provision corresponding to any provision that may be made by regulations under section 164),”;
in paragraph (k), for “NHS England or the Secretary of State”
substitute “an integrated care board”.
Schedule 12A (pharmaceutical remuneration) is amended as follows.
In paragraph 1(b), for “NHS England” substitute “the Secretary of State”.
In paragraph 2—
in sub-paragraph (1), for “NHS England must determine the”
substitute “The Secretary of State may determine”;
in sub-paragraph (3), for “NHS England” substitute “The Secretary
of State”;
“(4)
The Secretary of State must apportion the sums paid by
the Secretary of State in respect of each designated element during the financial year among all integrated care boards, in such manner as the Secretary of State thinks appropriate.”;
in sub-paragraph (5), for “NHS England” substitute “the Secretary
of State”;
in sub-paragraph (6)—
in the words before paragraph (a), for “NHS England”
substitute “the Secretary of State”;
in paragraph (a), for “it would otherwise pay” substitute
“would otherwise be paid”;
in paragraph (b), for “it” substitute “the Secretary of State”;
omit sub-paragraph (7);
“(8)
In determining the amount to be allotted to an integrated
care board under section 223G, the Secretary of State must take into account the effect of this Schedule.”;
in sub-paragraph (9), for “sections 223GC and 223M(1)(b)” substitute
“section 223GC”.
in paragraph 3—
in sub-paragraph (2)—
for “NHS England”, in the first place it occurs, substitute
“The Secretary of State”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
in sub-paragraph (3), for “NHS England” substitute “the Secretary
of State”.
omit paragraph 4 and the italic heading before it.
In section 176 (dental charging), in subsection (3), for “NHS England”
substitute “an integrated care board”.
Section 180 (payments in respect of costs of optical appliances and sight
tests) is amended as follows.
In subsection (1), for “NHS England” substitute “an integrated care board”.
In subsection (3)—
in paragraph (za)—
for “NHS England”, in the first place it occurs, substitute
“an integrated care board”;
for “NHS England”, in the second place it occurs, substitute
“the board”;
in paragraph (a)—
for “NHS England”, in the first place it occurs, substitute
“an integrated care board”;
for “NHS England”, in the second place it occurs, substitute
“the board”;
in paragraph (b)—
for “NHS England”, in the first place it occurs, substitute
“an integrated care board”;
for “NHS England”, in the second place it occurs, substitute
“the board”.
In subsection (6A)—
for “NHS England”, in the first place it occurs, substitute “An
integrated care board”;
for “NHS England’s”, in the second place it occurs, substitute “the
board’s”.
The Dentists Act 1984 is amended as follows.
In section 40 (definition of business of dentistry), in subsection (2)(aa), for
“under a contract under section 100 of the National Health Service Act
2006” substitute “in accordance with arrangements under section
99A
of
the National Health Service Act 2006 or a contract under section 100 of
that Act”.
In section 1 of the Access to Health Records Act 1990 (“Health record” and in the case of a record made by a health professional in the case of a record made by a health professional in the case of a record made by a health professional
related expressions) as it has effect under the law of England and Wales,
in subsection (2), for paragraphs (a) and (aa) substitute—
“(a)
performing primary medical services under a general medical
services contract made with an integrated care board or a
Local Health Board, the person or body who entered into
the contract with the integrated care board or Local Health
Board (or, in a case where more than one person so entered
into the contract, any such person);
(aza)
performing such services under a contract made with an
integrated care board under section 100 of the National
Health Service Act 2006 (general dental services contracts),
the person or body who entered into the contract with the
integrated care board (or, in a case where more than one
person so entered into the contract, any such person);
(aa)
performing such services in accordance with arrangements
under section
83
, 92,
99A
or 107 of the National Health
Service Act 2006, or section 50 or 64 of the National Health
Service (Wales) Act 2006, with an integrated care board or
a Local Health Board, the person or body which made the
arrangements with the integrated care board or Local Health
Board (or, in a case where more than one person so made
the arrangements, any such person);”.
Section 279 of the Trade Union and Labour Relations (Consolidation) Act
1992 (health service practitioners) is amended as follows.
In subsection (1)(a), for “NHS England” substitute “an integrated care
board”.
“(2)
In this Act “worker” also includes an individual regarded in their
capacity as one who works or normally works or seeks to work as a person performing primary medical services, primary dental services or primary ophthalmic services—(a)
(b)
in accordance with arrangements made by a Local Health
Board under section 50 or 64 of the National Health Service (Wales) Act 2006;(c)
under a contract under section 84, 100 or 117 of the National
Health Service Act 2006 entered into by the individual with an integrated care board;(d)
under a contract under section 42 or 57 of the National
Health Service (Wales) Act 2006 entered into by the individual with a Local Health Board,and “employer” in relation to such an individual, regarded in that capacity, means that body.”
In section 2A of the Health Service Commissioners Act 1993 (persons subject
to investigation), in subsection (1)—
in paragraph (a), for “NHS England” substitute “an integrated care
board”;
in paragraph (b), after “services” insert “or local pharmaceutical
services”;
in paragraph (c)—
for “or primary dental services” substitute “, primary dental
services or primary ophthalmic services”;
omit paragraph (d).
Section 43K of the Employment Rights Act 1996 (extension of meaning of
“worker” etc. for Part 4A) is amended as follows.
In subsection (1)—
in paragraph (ba), omit the words from “with NHS England” to
“2006 or”;
in paragraph (c)(i), for “NHS England” substitute “an integrated
care board”.
In subsection (2)—
“(aza)
in relation to a worker falling within paragraph (bza) of that subsection, the integrated care board referred to in that paragraph,”;
in paragraph (aa) omit “NHS England, or”;
in paragraph (b), for “NHS England or the board” substitute “the
integrated care board or Health Board”.
In section 150 of the Health and Social Care (Community Health and
Standards) Act 2003 (liability to pay NHS charges), in subsection (7)(d), for
“99” substitute “
99A
”.
In Schedule 8 to the Health Act 2006 (minor and consequential amendments)
omit paragraph 30 and the italic heading above it.
The National Health Service Act 2006 is amended as follows.
Section 259 (sale of medical practices) is amended as follows.
In subsection (4)(e), for “83(2)” substitute “83”.
In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”.
In subsection (5), in the definition of “relevant area”, after paragraph (b) in relation to an integrated care board, in a case where a
insert—
“(ba)
person has at any time provided or performed services by
arrangement or contract with the board, means the prescribed
area (at the prescribed time).”
In section 276 (index of defined expressions)—
in the entry relating to “primary dental services” for “section 99”
substitute “section
98C
”;
in the entry relating to “primary medical services” for “section 83”
substitute “section
82A
”;
in the entry relating to “primary ophthalmic services” for “section
115” substitute “section
114B
”.
In Schedule 4 (NHS trusts), for paragraph 24 and the italic heading before An NHS trust may— enter into arrangements under Part 4 or 5 for the provision be a member of a body that does so.”
it substitute—
“Provision of primary care services
24
(a)
of services, or
(b)
Section 51 (persons with whom agreements may be made under section
50 for the provision of primary medical services) is amended as follows.
In subsection (1)—
in paragraph (d)(ii), after “section 64 arrangements,” insert “section 83 arrangements,”;
in paragraph (e), after “a section 64 employee,” insert “a section 83 employee,”.
In subsection (3)—
for the definition of “the Northern Ireland health service”
““
substitute—
the Northern Ireland health service” means the system of
health and social care referred to in section 2 of the Health
and Social Care (Reform) Act (Northern Ireland) 2009,”;
““
section 83 arrangements” means arrangements for the provision
of services made under section 83 of the National Health Service Act 2006,”;
““
section 83 employee” means an individual who, in connection
with the provision of services in accordance with section 83 arrangements, is employed by a person providing or performing those services,”.
Section 65 (persons with whom agreements may be made under section
64 for the provision of primary dental services) is amended as follows.
In subsection (1)—
in paragraph (d)(ii), after “section 92 arrangements,” insert “section 99A arrangements,”;
in paragraph (e), after “a section 92 employee,” insert “a section 99A employee,”.
In subsection (3)—
for the definition of “the Northern Ireland health service”
““
substitute—
the Northern Ireland health service” means the system of
health and social care referred to in section 2 of the Health
and Social Care (Reform) Act (Northern Ireland) 2009,”;
““
section 99A arrangements” means arrangements for the
provision of services made under section 99A of the National Health Service Act 2006,”;
““
section 99A employee” means an individual who, in connection
with the provision of services in accordance with section 99A arrangements, is employed by a person providing or performing those services,”.
In section 80 (arrangements for pharmaceutical services), in subsection (9),
““
for the definition of “the Northern Ireland health service” substitute—
the Northern Ireland health service” means the system of health and
social care referred to in section 2 of the Health and Social Care
(Reform) Act (Northern Ireland) 2009.”
In section 2 of the Health Act 2009 (duty to have regard to NHS
constitution), in subsection (6)—
“(a)
section 83 (arrangements for provision of primary
medical services);”;
“(ca)
section 99A (arrangements for provision of primary
dental services);”;
“(ea)
section 116A (arrangements for provision of primary
ophthalmic services);”.
In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for any arrangements made under section
83
of that
the provision of medical evidence of domestic abuse), in subsection (5)(a),
for sub-paragraph (ii) substitute—
“(ii)
Act;”.
The Health and Care Act 2022 is amended as follows.
Omit sections 22 and 23 (commissioning primary care services and transfer
schemes).
Omit Schedule 3 (commissioning primary care services etc).
“Schedule 1C Patient choice: undertakings by integrated care boards
Introductory
1
This Schedule makes further provision about undertakings under
section 14Z45C .Procedure
2
(1)
The Secretary of State must publish a procedure for entering into
undertakings.(2)
The Secretary of State may revise the procedure and, if it is
revised, must publish the procedure as revised.(3)
The Secretary of State must consult such persons as the Secretary
of State considers appropriate before publishing or revising the procedure.3
(1)
Where the Secretary of State accepts an undertaking, the Secretary
of State must publish the undertaking.(2)
But the Secretary of State must not under sub-paragraph (1)
publish any part of an undertaking which contains information which the Secretary of State is satisfied is—(a)
commercial information the disclosure of which would,
or might, significantly harm the legitimate business interests of the person to whom it relates;(b)
information relating to the private affairs of an individual
the disclosure of which would, or might, significantly harm that person’s interests.Variation of terms
4
The terms of an undertaking (including, in particular, the action
specified under it and the period so specified within which the action must be taken) may be varied if both the integrated care board giving the undertaking and the Secretary of State agree.Compliance certificates
5
(1)
Where the Secretary of State is satisfied that an undertaking has
been complied with, the Secretary of State must issue a certificate to that effect (referred to in this Schedule as a “compliance certificate”).(2)
An integrated care board which has given an undertaking may
at any time make an application to the Secretary of State for a compliance certificate.(3)
The application must be made in such form, and accompanied
by such information, as the Secretary of State requires.(4)
The Secretary of State must decide whether or not to issue a
compliance certificate, and give notice to the applicant of the decision, before the end of the period of 14 days beginning with the day after that on which the application is received.6
(1)
An appeal lies to the First-tier Tribunal against a decision of the
Secretary of State to refuse an application for a compliance certificate.(2)
The grounds for an appeal under this paragraph are that the
decision was—(a)
based on an error of fact,
(b)
wrong in law, or
(c)
unfair or unreasonable.
(3)
On an appeal under this paragraph, the Tribunal may confirm
the Secretary of State’s decision or direct that it is not to have effect.Inaccurate, incomplete or misleading information
7
Where the Secretary of State is satisfied that an integrated care
board which has given an undertaking has supplied the Secretary of State with inaccurate, misleading or incorrect information in relation to the undertaking—(a)
the Secretary of State may treat the integrated care board
as having failed to comply with the undertaking, and(b)
if the Secretary of State decides so to treat the integrated
care board, the Secretary of State must by notice revoke any certificate of compliance given to that integrated care board.”
In section 142B of the Mental Health Act 1983 (delegation of powers of
managers of NHS foundation trusts), in subsection (2)—
for “a public benefit corporation” substitute “an NHS foundation
trust”.
The National Health Service Act 2006 is amended as follows.
“30 NHS foundation trusts
(1)
This Chapter makes provision about NHS foundation trusts.
(2)
An NHS foundation trust may be created by virtue of—
(a)
section 36 (conversion of NHS trusts),
(b)
section 56 (mergers), or
(c)
section 56B (separations).
(3)
See also section 56A (which provides for the reconstitution of an
NHS foundation trust in the context of acquisitions).(4)
An NHS foundation trust is a body corporate.
(5)
Schedule 7 makes further provision about the constitution of NHS
foundation trusts.”
“(4)
Once an NHS trust has made the application—
(a)
(b)
the NHS trust may do anything which appears to it to be
necessary or expedient for the purpose of preparing it for NHS foundation trust status.”
In section 35 (authorisation of NHS foundation trusts), in subsection (2)—
omit paragraph (b);
in paragraph (c) omit “a council of governors, and”.
“37 Amendments of constitution
An NHS foundation trust may make amendments of its constitution with the approval of the Secretary of State.”
Omit section 39A (panel for advising governors).
In section 43 (provision of goods and services), in subsection (3D), for “more
than half of the members of the council of governors of the trust voting
approve” substitute “the Secretary of State approves”.
Omit section 51A (significant transactions).
In section 56 (mergers) omit subsection (1A).
In section 56A (acquisitions) omit subsection (2).
In section 56B (separations) omit subsection (2).
In section 57A (dissolution) omit subsection (2).
Omit sections 59 to 61 (membership and elections etc of council of
governors).
“Schedule 7 Constitution of NHS foundation trusts
Requirement for a constitution
1
(1)
An NHS foundation trust must have a constitution.
(2)
As well as any provision authorised or required to be made by
any other provision of this Schedule, the constitution may make further provision (other than provision as to the powers of the NHS foundation trust) consistent with this Schedule.Name
2
(1)
The constitution must specify the name of the NHS foundation
trust.(2)
The name must include the words “NHS foundation trust”.
Principal purpose
3
The constitution must specify the NHS foundation trust’s principal
purpose (as to which, see section 43(1)).Composition of board of directors
4
An NHS foundation trust is to have a board of directors.
5
(1)
The board of directors is to consist of—
(a)
executive directors, one of whom is the chief executive
(and accounting officer) and another the finance director, and(b)
non-executive directors, one of whom is the chair.
(2)
Unless or except to the extent that regulations provide otherwise,
the executive directors must include—(a)
at least one person who is a registered medical practitioner
or a registered dentist (within the meaning of the Dentists Act 1984), and(b)
at least one other person who is a registered nurse or a
registered midwife.(3)
An executive director is a director who is an employee of the
NHS foundation trust, and a non-executive director is a director who is not an employee of the NHS foundation trust, subject to any regulations under sub-paragraph (4) .(4)
The Secretary of State may by regulations make provision with
respect to the circumstances in which a person who is not an employee of the NHS foundation trust is, on appointment as a director, to be regarded as an executive rather than a non-executive director.Eligibility for appointment as director
6
(1)
A person may not be appointed as a director if disqualified by
sub-paragraph (2) .(2)
The following are disqualified by this sub-paragraph—
(a)
a person who has been made bankrupt or whose estate
has been sequestrated and (in either case) has not been discharged;(b)
a person in relation to whom a moratorium period under
a debt relief order applies (under Part 7A of the Insolvency Act 1986);(c)
a person who has made a composition or arrangement
with, or granted a trust deed for, the person’s creditors and has not been discharged in respect of it;(d)
a person who within the preceding five years has been
convicted in the British Islands of any offence if a sentence of imprisonment (whether suspended or not) for a period of at least three months (without the option of a fine) was imposed.7
The Secretary of State may by regulations make further provision
about eligibility for appointment as a director.Appointment etc, tenure and terms
8
(1)
It is for the Secretary of State to appoint, suspend or remove the
chair and the other non-executive directors.(2)
It is for the non-executive directors to appoint, suspend or remove
the chief executive.(3)
It is for a committee consisting of the chief executive, the chair
and the other non-executive directors to appoint, suspend or remove the executive directors.(4)
9
(1)
The Secretary of State may by regulations make provision as to
the tenure of office of non-executive directors.(2)
It is for the Secretary of State to decide the remuneration and
allowances, and the other terms and conditions of office, of the non-executive directors (subject to any regulations under sub-paragraph (1) ).(3)
The NHS foundation trust must establish a committee of
non-executive directors to decide the remuneration and allowances, and the other terms and conditions of office, of the executive directors; but the constitution may make provision for those matters to be decided pending the establishment of such a committee.10
(1)
(2)
The power to appoint the initial chair of the NHS foundation
trust must be exercised by appointing the chair of the NHS trust, if the chair of the NHS trust wishes to be appointed.(3)
The power to appoint the other initial non-executive directors of
the NHS foundation trust must be exercised, so far as possible, by appointing any of the non-executive directors of the NHS trust (other than the chair) who wish to be appointed.(4)
(5)
The power to appoint the initial chief executive of the NHS
foundation trust must be exercised by appointing the chief officer of the NHS trust, if the chief officer of the NHS trust wishes to be appointed.Duties of directors and avoiding conflicts of interest
11
The general duty of the board of directors, and of each director
individually, is to act with a view to promoting the success of the NHS foundation trust so as to maximise the benefits for the public.12
(1)
The duties that a director of an NHS foundation trust has by
virtue of being a director include in particular—(a)
a duty to avoid a situation in which the director has (or
can have) a direct or indirect interest that conflicts (or possibly may conflict) with the interests of the NHS foundation trust;(b)
a duty not to accept a benefit from a third party by reason
of being a director or doing (or not doing) anything in that capacity.(2)
(a)
the situation cannot reasonably be regarded as being likely
to give rise to a conflict of interest, or(b)
the matter has been authorised in accordance with the
constitution.(3)
(4)
(a)
the NHS foundation trust, or
(b)
a person acting on its behalf.
13
(1)
If a director of an NHS foundation trust has in any way a direct
or indirect interest in a proposed transaction or arrangement with the NHS foundation trust, the director must declare the nature and extent of that interest to the other directors.(2)
If a declaration under this paragraph proves to be, or becomes,
inaccurate or incomplete, a further declaration must be made.(3)
Any declaration required by this paragraph must be made before
the NHS foundation trust enters into the transaction or arrangement.(4)
This paragraph does not require a declaration of an interest of
which the director is not aware or where the director is not aware of the transaction or arrangement in question.(5)
A director need not declare an interest—
(a)
if it cannot reasonably be regarded as likely to give rise
to a conflict of interest;(b)
if, or to the extent that, the directors are already aware of
it;(c)
if, or to the extent that, it concerns terms of the director’s
appointment that have been or are to be considered—(i)
by a meeting of the board of directors, or
(ii)
by a committee of the directors appointed for the
purpose under the constitution.Meetings of board of directors
14
(1)
The constitution must provide for meetings of the board of
directors to be open to members of the public.(2)
But the constitution may provide for members of the public to
be excluded from a meeting for special reasons.Registers of directors and their interests
15
(1)
An NHS foundation trust must have—
(a)
a register of directors, and
(b)
a register of interests of the directors.
(2)
The constitution may make further provision about the registers
including, in particular, provision about admission to, and removal from, the registers.16
The constitution must make provision for dealing with conflicts
of interest of the directors.Arrangements for discharge of functions
17
(1)
The constitution must provide for all functions of the NHS
foundation trust to be exercisable by the board of directors on its behalf.(2)
But the constitution may provide for any of those powers to be
exercisable by—(a)
a committee of directors, or
(b)
an executive director.
Accounts
18
(1)
An NHS foundation trust must keep proper accounts and proper
records in relation to the accounts.(2)
An NHS foundation trust must prepare annual accounts in respect
of each financial year.(3)
The Secretary of State may direct an NHS foundation trust to
prepare accounts in respect of such period or periods as may be specified in the direction.(4)
The Secretary of State may give directions to an NHS foundation
trust as to—(a)
the methods and principles according to which any
accounts under this paragraph must be prepared, and(b)
the form and content of any accounts prepared under this
paragraph.(5)
For the audit of the annual accounts, see the Local Audit and
Accountability Act 2014 (and, in particular, section 4 of that Act).(6)
Accounts prepared under sub-paragraph (3) are also to be audited
under that Act if the Secretary of State so directs.(7)
The Comptroller and Auditor General may examine—
(a)
the annual accounts, or accounts prepared under
sub-paragraph (3) , and any records relating to them, and(b)
any report on them by the auditor.
(8)
An NHS foundation trust must lay before Parliament a copy of—
(a)
its annual accounts, and
(b)
any report of the auditor on them.
(9)
An NHS foundation trust must send to the Secretary of State—
(a)
a copy of its annual accounts and of any accounts prepared
under sub-paragraph (3) , and(b)
any report of the auditor on them.
(10)
An NHS foundation trust must comply with sub-paragraph (9) by such date as the Secretary of State may direct.
(11)
The constitution of an NHS foundation trust must provide for its
functions under this paragraph to be delegated to the accounting officer for that trust.(12)
In this paragraph “financial year” means—
(a)
the period—
(i)
beginning with the date on which the NHS
foundation trust is created by virtue of section 36, 56 or 56B, and(ii)
ending with the next 31 March, and
(b)
each successive period of twelve months beginning with
1 April.Annual reports and forward plans
19
(1)
An NHS foundation trust must prepare annual reports and send
them to the Secretary of State.(2)
The reports must give—
(a)
(b)
information about such other procedures as the NHS
foundation trust has on pay, and(c)
information about the remuneration of the directors and
the allowances of the directors.(3)
It is for the Secretary of State to decide—
(a)
the form of the reports,
(b)
when the reports must be sent to the Secretary of State,
and(c)
the periods to which the reports are to relate.
20
(1)
An NHS foundation trust must give information to the Secretary
of State as to its forward planning in respect of each financial year.(2)
In this paragraph “financial year” means—
(a)
the period—
(i)
beginning with the date on which the NHS
foundation trust is created by virtue of section 36, 56 or 56B, and(ii)
ending with the next 31 March, and
(b)
each successive period of twelve months beginning with
1 April.Publication of constitution etc
21
(1)
An NHS foundation trust must publish the following—
(a)
its current constitution,
(b)
its register of directors and register of interests of the
directors,(c)
its latest annual accounts and any report of the auditor
on them, and(d)
its latest annual report.
(2)
Public meetings
22
(1)
At such time or times as may be prescribed, an NHS foundation
trust must hold a public meeting at which must be presented—(a)
its latest audited annual accounts, and
(b)
its latest annual report.
(2)
In such circumstances and at such time or times as may be
prescribed, an NHS foundation trust must hold a public meeting at which such documents as may be prescribed must be presented.Instruments etc
23
(1)
The constitution must make provision for the authentication of
the fixing of the NHS foundation trust’s seal.(2)
A document purporting to be duly executed under the NHS
foundation trust’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.”
In section 26D of the Public Finance and Accountability (Scotland) Act 2000
(disclosure of results of data matching), in subsection (7), in paragraph (b)
of the definition of “relevant NHS body” omit “, (b) or (c)”.
In Article 4D of the Audit and Accountability (Northern Ireland) Order
2003 (disclosure of results of data matching etc), in paragraph 6(b)(ii) omit
“, (b) or (c)”.
In section 64D of the Public Audit (Wales) Act 2004 (disclosure of results
of data matching etc), in subsection (6)(b)(ii) omit “, (b) or (c)”.
The National Health Service Act 2006 is amended as follows.
Omit section 62 (audit of accounts of NHS foundation trusts).
Omit Schedule 10 (audit of accounts of NHS foundation trusts).
The Local Audit and Accountability Act 2014 is amended as follows.
In section 3 (general requirements for accounts), in subsection (9), after an NHS foundation trust.”
paragraph (b) insert—
“(c)
“(7)
In relation to an NHS foundation trust, “accounts” means—
(a)
In section 8 (procedure for appointment), in subsection (4)(d), after “NHS
trust” insert “or NHS foundation trust”.
In section 10 (functions of auditor panel), in subsection (10)(d), after “NHS
trust” insert “or NHS foundation trust”.
Section 13 (failure of health service bodies to appoint local auditor) is
amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
Omit subsections (2) and (3).
“(4)
If it appears to the Secretary of State that a health service body has
failed to appoint an auditor in accordance with this Part, the Secretary of State may—(a)
direct the health service body to appoint an auditor named
in the direction, or(b)
appoint an auditor on behalf of the health service body.”
In subsection (5)(b) omit “or (as the case may be) NHS England”.
In subsections (6) and (7) omit “or NHS England” in each place.
In section 21 (general duties of auditors of accounts of health service bodies),
in subsection (2A), after “NHS trust”, in both places it occurs, insert “or
NHS foundation trust”.
In section 30 (unlawful expenditure or activity of health service bodies), in
subsection (2) omit paragraph (b) and the “and” before it.
In section 32B (independence requirement) (inserted by the English
Devolution and Community Empowerment Act 2026), in subsection (4)(a)
and (b), after “NHS trust” insert “or NHS foundation trust”.
“23B
An NHS foundation trust.”
In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5,
in the modified section 1214(3A)(a) and (b) of the Companies Act 2006,
after “NHS trust” insert “or NHS foundation trust”.
In Schedule 6 (codes of audit practice and guidance) omit paragraph 10
and the italic heading before it.
Schedule 7 (reports and recommendations) is amended as follows.
In paragraph 2(3) omit paragraph (d) (but not the “and” at the end).
In paragraph 3(2) omit paragraph (c) (but not the “and” at the end).
In paragraph 4(8)(d), after “NHS trust” insert “or NHS foundation trust”.
Schedule 9 (data matching) is amended as follows.
In paragraph 2(2)—
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” before it.
In paragraph 3(2), for “, a best value authority or an NHS foundation trust”
substitute “or a best value authority”.
In paragraph 4(12), in the definition of “relevant NHS body” omit
paragraphs (b) and (c).
In Schedule 11 (disclosure of information), in paragraph 2(1)(d)(i) omit “,
NHS England”.
“Schedule 9A Conversion of failing NHS foundation trusts
Introduction
1
2
In this Schedule “the NHS foundation trust” means the body as
it was constituted immediately before it became an NHS trust.Board of directors
3
(1)
Pending the coming into force of the provision made by virtue
of paragraph 5 (1) (c) of Schedule 4 specifying the number of executive directors and non-executive directors for the NHS trust, the NHS trust is to have the same number of executive directors and non-executive directors as the NHS foundation trust had.(2)
A reference in sub-paragraph (1) to the non-executive directors
of a trust does not include the chair.4
Public dividend capital
5
(1)
The amount which was the public dividend capital of the NHS
foundation trust continues as public dividend capital of the NHS trust, held on the same conditions.(2)
Sub-paragraph (1) is subject to any determination under paragraph
1(6) of Schedule 5.(3)
Paragraph 1(1) of that Schedule does not apply to the NHS trust.
Continuity: general
6
Nothing in this Act affects the continuity of the body that is
established as an NHS trust or of its property or liabilities (including its criminal liabilities).Contracts
7
(1)
Nothing in this Act—
(a)
prevents the NHS trust continuing to be a party to a
contract to which the NHS foundation trust was a party, or(b)
affects the rights or liabilities of any person under such a
contract.(2)
A contract to which the NHS foundation trust was a party does
not, as a result of the body becoming an NHS trust, become an NHS contract by virtue of section 9(1).Other property
8
Nothing in this Act—
(a)
prevents the NHS trust continuing to hold property which
the NHS foundation trust held, or(b)
affects the rights or liabilities of any person in respect of
that property.Membership of bodies corporate
9
Nothing in this Act—
(a)
prevents the NHS trust remaining a member of a body
corporate of which the NHS foundation trust was a member, or(b)
affects the rights or liabilities of any person in respect of
that membership.Directions
10
The National Health Service Act 2006 is amended as follows.
“65B NHS trusts and NHS foundation trusts: appointment of trust special
administrator(1)
The Secretary of State may make an order in accordance with this
section authorising the appointment of a trust special administrator to exercise the functions of the chair and directors of—(a)
an NHS trust to which this Chapter applies, or
(b)
an NHS foundation trust.
(2)
An order may be made under subsection (1) —
(a)
in relation to an NHS trust, only if the Secretary of State is
satisfied that—(i)
there is a serious failure by the trust to provide
services that are of sufficient quality to be provided under this Act, or(ii)
it is otherwise appropriate in the interests of the
health service;(b)
in relation to an NHS foundation trust, only if the Secretary
of State is satisfied that—(i)
there is a serious failure by the trust to provide
services that are of sufficient quality to be provided under this Act, or(ii)
the trust is, or is likely to become, unable to pay its
debts.(3)
An order under subsection (1) must specify the date when the
appointment is to take effect, which must be within the period of five working days beginning with the day on which the order is made.(4)
Before making an order under subsection (1) the Secretary of State
must consult—(a)
the trust,
(b)
any integrated care board in whose area the trust has
hospitals, establishments or facilities,(c)
any other person to whom the trust provides goods or
services under this Act and whom the Secretary of State considers it appropriate to consult, and(d)
the Care Quality Commission.
(5)
If an order is made under subsection (1) , the Secretary of State must
lay before Parliament a report stating the reasons for making the order (at the same time as laying before Parliament the statutory instrument containing the order).(6)
If an order is made under subsection (1) , the Secretary of State
must—(a)
appoint a person as the trust special administrator with effect
from the day specified in the order, and(b)
publish the name of the person appointed.
(7)
A person appointed as a trust special administrator holds and
vacates office in accordance with the terms of the appointment.(8)
The Secretary of State may pay remuneration and expenses to a
trust special administrator appointed under this section.65BA Recommendation by Care Quality Commission to appoint trust
special administrator(1)
(2)
If a recommendation is made under subsection (1) the Secretary of
State must consider whether to make the requested order.65BB Care Quality Commission report on safety and quality of services
65BC Suspension of chair and directors
(1)
When the appointment of a trust special administrator in relation
to an NHS trust or NHS foundation trust takes effect, the trust’s chair and its executive and non-executive directors are suspended from office.(2)
Subsection (1) does not affect the employment of the executive
directors or their membership of any committee or sub-committee of the trust.”
“65F Draft report
(1)
A trust special administrator appointed in relation to an NHS trust
or NHS foundation trust must, within the period of 65 working days beginning with the day on which the administrator’s appointment takes effect—(a)
provide the Secretary of State with a draft report
recommending what action (if any) the Secretary of State should take in relation to the trust, and(b)
publish a copy of that draft report.
(2)
When preparing a draft report under subsection (1) , the
administrator must consult—(a)
any person to whom the trust provides goods or services
under this Act and whom the Secretary of State directs the administrator to consult, and(b)
the Care Quality Commission.
(3)
The Secretary of State must lay before Parliament any report received
under subsection (1) .”
In section 65G (consultation plan) omit subsections (4) to (9).
Section 65H (consultation requirements) is amended as follows.
In subsection (7)—
omit paragraph (bze);
in paragraphs (c) and (d), for “NHS England” substitute “the
Secretary of State”.
In subsection (9)(c)—
omit “and Local Healthwatch organisations”;
for “, (bzd) and (bze)” substitute “and (bzd)”.
In subsection (9A), for “NHS England” substitute “The Secretary of State”.
Omit subsection (10).
“65I Final report
(1)
A trust special administrator appointed in relation to an NHS trust
or NHS foundation trust must, within the period of 15 working days beginning with the end of the consultation period, provide the Secretary of State with a final report stating any action that the administrator recommends that the Secretary of State should take in relation to the trust.(2)
The administrator must attach to the final report a summary of the
responses to the draft report which were received by the administrator in the period beginning with the publication of the draft report and ending with the last day of the consultation period.(3)
The Secretary of State must publish and lay before Parliament any
report received under subsection (1) .”
Section 65J (power to extend time) is amended as follows.
In subsection (1)(a) and (c) omit “or (1A)”.
In subsection (2), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In the italic heading before section 65K omit “and NHS England”.
“65K Decision of Secretary of State
(1)
Within the period of 20 working days beginning with the day on
which the Secretary of State receives a final report under section 65I relating to an NHS trust or NHS foundation trust, the Secretary of State must decide what (if any) action to take in relation to the trust.(2)
The Secretary of State must as soon as reasonably practicable—
(a)
publish a notice of the decision and of the reasons for it;
(b)
lay a copy of the notice before Parliament.
65L Trusts coming out of administration
(1)
This section applies if the Secretary of State’s decision under section 65K does not involve dissolving the NHS trust or NHS foundation
trust.(2)
The Secretary of State must make an order specifying a date when
the following come to an end—(a)
the appointment of the trust special administrator, and
(b)
the suspension of the chair and directors of the trust.
(3)
If it appears to the Secretary of State to be necessary in order to
comply with Schedule 4 or 7, the Secretary of State may—(a)
terminate the appointment of an executive director of the
trust;(b)
appoint a person to be an executive director of the trust.
(4)
For the Secretary of State’s powers to take the actions mentioned
in subsection (3) in relation to other officers of an NHS trust or NHS foundation trust, see Schedules 4 and 7.”
Section 65LA (trusts to be dissolved) is amended as follows.
Omit subsections (1) and (2).
In subsection (3), for “NHS England” substitute “If the Secretary of State
decides under section 65K(1) that it is appropriate to dissolve an NHS
foundation trust, the Secretary of State”.
“(6)
For power to dissolve NHS trusts and transfer their property and
liabilities, see paragraphs 28 and 29 of Schedule 4.”
Section 65M (replacement of trust special administrator) is amended as
follows.
In subsection (1)—
omit “or (2B)”;
for “NHS England” substitute “the Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
Section 65N (guidance) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (1A) omit “, in so far as it applies to NHS trusts,”.
Omit subsection (2A).
In subsection (3A), for “NHS England” substitute “the Secretary of State”.
Section 272 (orders, regulations, rules and directions) is amended as follows.
The National Health Service Act 2006 is amended as follows.
Section 130 (regulations as to pharmaceutical services: appeals, etc) is
amended as follows.
In subsection (2) for “First-tier Tribunal” substitute “relevant appeal body”.
“(2A)
In subsection (2) “relevant appeal body” has the meaning given by
section 158 (9) .”
Section 132 (persons authorised to provide pharmaceutical services) is
amended as follows.
In subsection (5) for “First-tier Tribunal” substitute “relevant appeal body”.
“(5A)
In subsection (5) “relevant appeal body” has the meaning given by
section 158 (9) .”
Section 154 (suspension) is amended as follows.
In subsections (6)(b) and (c), (7) and (8), for “First-tier Tribunal”, in each
place it occurs, substitute “relevant appeal body”.
“(8A)
In subsections (6) to (8) “relevant appeal body” has the meaning
given by section 158 (9) .”
Section 155 (suspension pending appeal) is amended as follows.
In subsections (4) and (6), for “First-tier Tribunal” substitute “relevant
appeal body”.
“(8)
In this section “relevant appeal body” has the meaning given by
section 158 (9) .”
Section 157 (review of decisions) is amended as follows.
In subsection (1), for “First-tier Tribunal” substitute “relevant appeal body”.
“(4)
In this section “relevant appeal body” has the meaning given by
section 158 (9) .”
Section 158 (appeals) is amended as follows.
In subsections (1), (4), (5), (6) and (7), for “First-tier Tribunal”, in each place
it occurs, substitute “relevant appeal body”.
“(9)
In this section “relevant appeal body” means an NHS body specified
by regulations made by the Secretary of State.”
“159 Pharmaceutical lists: national disqualification
(1)
The relevant appeal body may impose a national disqualification
on a person if—(a)
it removes the person from a pharmaceutical list, or
(b)
it dismisses an appeal by the person against a refusal to
include them in a pharmaceutical list.(2)
A national disqualification under this section disqualifies the person
on whom it is imposed from inclusion in any pharmaceutical list prepared by an integrated care board.(3)
An integrated care board—
(a)
must not include a person in a pharmaceutical list if the
person is subject to a national disqualification under this section, and(b)
must remove from a pharmaceutical list any person who is
subject to a national disqualification under this section.(4)
A person on whom a national disqualification is imposed under
this section may request the relevant appeal body to review their decision to impose the disqualification.(5)
On a review, the relevant appeal body may confirm or revoke the
disqualification.(6)
A person may not request a review before the end of the period
of—(a)
two years beginning with the date on which the national
disqualification was imposed, or(b)
one year beginning with the date of the decision on the last
such review.(7)
See section 168B for an alternative power to disqualify a person
from inclusion in the pharmaceutical lists (and other lists) on an application to the First-tier Tribunal.”
“Part 7A Primary care: national disqualification
168B National disqualification orders
(1)
The First-tier Tribunal may make a disqualification order in respect
of a person on an application made in accordance with this section.(2)
A disqualification order is an order—
(a)
disqualifying a person from inclusion in any relevant list,
or(b)
disqualifying a person from inclusion in a description of
relevant lists specified in the order.(3)
A disqualification order may be made only on an application by
the person responsible for preparing a relevant English list and only if they have—(a)
removed the person in respect of whom the disqualification
order is sought from a relevant English list, or(b)
refused to include that person in a relevant English list.
(4)
Any such application must be made before the end of the period
of three months beginning with the date of the removal or refusal.(5)
In this section—
“
relevant English list” means—(a)
a pharmaceutical list,
(b)
a list under section 147A,
(c)
a list under section 91, 106, or 123, or
(d)
a list corresponding to a list under section 91
prepared by virtue of regulations made under section 145;
- “
relevant list” means—- (a)
a relevant English list, or
- (b)
a relevant Welsh list;
“
relevant Welsh list” means a list corresponding to a relevant
English list prepared by each Local Health Board under or by virtue of the National Health Service (Wales) Act 2006.168C Effect of disqualification order
(1)
A person responsible for preparing a relevant list—
(a)
must not include a person in the list if that person is
disqualified from inclusion in that list by a disqualification order under section 168B , and(b)
must remove from the list any person who is disqualified
from inclusion in that list by such an order.(2)
168D Right to request review of disqualification order
(1)
A person against whom a disqualification order is made under
section 168B may apply to the First-tier Tribunal to review the decision to make the order.(2)
On a review, the First-tier Tribunal may confirm or revoke the order.
(3)
A person may not apply for a review before the end of the period
of—(a)
two years beginning with the date on which the order was
made, or(b)
one year beginning with the date of the decision on the last
such review.”
Chapter 2 of Part 9 of the Health and Social Care Act 2012 extends to
Scotland and Northern Ireland (as well as to England and Wales by virtue
of section 308 of that Act).
The Health and Social Care Act 2012 is amended as follows.
In the heading of Chapter 2 of Part 9 omit “NHS England:”.
Section 253 (NHS England data functions: general) is amended as follows.
In the heading omit “NHS England”.
In subsection (1)—
in the words before paragraph (a)—
for “NHS England” substitute “The Secretary of State”;
omit “its”;
omit paragraphs (a) and (b).
“(2)
When exercising relevant data functions other than those under the
Medicines and Medical Devices Act 2021, the Secretary of State must seek to minimise the burdens imposed on others.”
In subsection (3), in the definition of “relevant data functions”—
in the words before paragraph (a)—
omit “, in relation to NHS England,”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
“(b)
paragraph 7B(1)(d) of Schedule 1 to the National
Health Service Act 2006;”.
“254 Powers to establish information systems
(1)
The Secretary of State must establish and operate such systems for
the collection, analysis or other processing of information as the Secretary of State considers to be appropriate and in the interests of—(a)
the health service in England, or
(b)
recipients or providers of adult social care in England.
(2)
The Secretary of State may establish and operate other systems for
the collection, analysis or other processing of information for the purposes of, or in connection with, the provision in the British Islands of health care or adult social care.(3)
In this Chapter—
“
health care” includes all forms of health care whether relating
to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;
Omit section 255 (power to request NHS England to establish information
systems).
Omit section 256 (requests for collection under section 255: confidential
information).
Section 257 (requests under section 255: supplementary) is amended as
follows.
For the heading substitute “Requests to establish information systems”.
“(A1)
Any person (anywhere) may request the Secretary of State to
establish and operate an information system.”
In subsection (1)—
in the words before paragraph (a), for “NHS England” substitute
“The Secretary of State”;
in paragraph (a), for “requests under section 255” substitute “a
request to establish and operate an information system”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
“(3)
The Secretary of State may charge a person a reasonable fee in
respect of the cost of complying with a request to establish and operate an information system.(4)
A person must consult the Secretary of State before making a request
for the Secretary of State to establish and operate an information system.(5)
If the Secretary of State complies with a request to establish and
operate an information system, the Secretary of State must publish details of the request.”
Section 258 (information systems: supplementary) is amended as follows.
In subsection (1)—
for the words before paragraph (a) substitute “Before establishing
an information system the Secretary of State must consult—”;
“(a)
any person who made a request for the Secretary of
State to establish the information system,”;
in paragraph (b)—
for “NHS England” substitute “the Secretary of State”;
omit “to which the direction or request relates”;
in paragraph (d), for “NHS England” substitute “the Secretary of
State”.
“(2)
If the Secretary of State reasonably believes that there is no longer
any need to retain information obtained in the operation of an information system, the Secretary of State may destroy the information.”
Section 259 (powers to require and request provision of information) is
amended as follows.
“(1)
The Secretary of State may—
(a)
require any person mentioned in subsection (2) to provide
the Secretary of State with any information which the Secretary of State considers it necessary or expedient to have for the purposes of any function that the Secretary of State exercises by virtue of this Chapter,(b)
require any health care provider, not within paragraph (a) , to provide the Secretary of State with any information which the Secretary of State considers it necessary or expedient to have for the purposes of establishing and operating an information system, and
(c)
request any person to provide the Secretary of State with
any information which the Secretary of State considers it necessary or expedient to have for the purposes of any function that the Secretary of State exercises by virtue of this Chapter.”
In subsection (2), for the words before paragraph (a) substitute “The persons
mentioned in this subsection are—”.
Omit subsection (3).
Omit subsection (4).
“(5)
A requirement or request under this section may specify—
(a)
the form and manner in which the information is to be
provided, and(b)
the time within which it is to be provided.
(5A)
A person on whom a requirement is imposed under this section
must comply with it.(6)
Omit subsection (7).
In subsection (8), for “NHS England” substitute “The Secretary of State”.
In subsection (9)—
for “NHS England” substitute “the Secretary of State”;
“(10A)
(10B)
In this section “health care provider” means a person who is required
to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of health care.”
“260 Publication of information
(1)
The Secretary of State may publish information obtained in the
operation of an information system.(2)
But the Secretary of State may not publish personal information
under subsection (1) unless—(a)
the individual to whom it relates has consented to the
publication, or(b)
the Secretary of State considers that publishing the
information is a proportionate means of achieving a legitimate aim.(3)
In this section—
“
legitimate aim” means one, or a combination, of the following
aims—(a)
the protection of the life or health of humans;
(b)
the protection of public safety or security;
“
personal information” means information in a form which—(a)
identifies an individual, other than a provider of
health care or adult social care, to whom the information relates, or(b)
enables the identity of such an individual to be
ascertained.261 Other disclosure of information
(1)
The Secretary of State may disclose (otherwise than by publication)
information obtained in the operation of an information system.(2)
But the Secretary of State may not disclose personal information
under subsection (1) unless—(a)
the individual to whom it relates has consented to the
disclosure,(b)
the information has previously been lawfully disclosed to
the public,(c)
the disclosure is made to a person to whom the information
could have been lawfully disclosed by the person from whom the Secretary of State collected it,(d)
the disclosure is made for the purpose of facilitating the
carrying out of clinical trials or otherwise for the purpose of facilitating research (including by enabling potential participants in research to be identified and contacted),(e)
the disclosure is made in accordance with a court order,
(f)
the disclosure is necessary or expedient for the purposes of
protecting the welfare of an individual,(g)
the disclosure is to a person in circumstances where it is
necessary or expedient for the person to have the information for the purpose of exercising functions conferred on them under or by virtue of any provision of this or any other Act,(h)
the disclosure is made in connection with the investigation
of a criminal offence (whether or not in the United Kingdom),(i)
the disclosure is made for the purpose of criminal
proceedings (whether or not in the United Kingdom), or(j)
the Secretary of State considers that disclosing the
information is a proportionate means of achieving a legitimate aim.(3)
(4)
Nothing in this section limits the Secretary of State from disclosing
information under or by virtue of any other provision of this Act or any other Act.(5)
Omit section 262 (other dissemination: directions and requests under sections
254 and 255).
“262A Publication and other disclosure: supplementary
In exercising any function of publishing or otherwise disclosing information obtained in connection with the exercise of the Secretary of State’s relevant data functions, the Secretary of State must have regard to any relevant advice given by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information disclosure etc).”
Omit section 263 (code of practice on confidential information).
In section 264 (information register)—
for “NHS England” substitute “The Secretary of State”;
for “by virtue of this Chapter” substitute “in the operation of
information systems”.
“265 Guidance
(1)
The Secretary of State may give guidance to health or social care
bodies on any matter relating to the processing of information so far as relevant to the exercise of their functions in connection with the provision of health services or of adult social care in England.(2)
A health or social care body must have regard to guidance given
under this section.”
For the italic heading before section 266 substitute “Accreditation scheme
for information service providers”.
Omit section 266 (assessment of quality of information).
Section 267 (power to establish accreditation scheme) is amended as follows.
“(2)
The regulations must provide for the accreditation scheme to be
established and operated by—(a)
the Secretary of State, or
(b)
a public body that—
(i)
exercises functions in, or in relation to, England, and
(ii)
is designated by the Secretary of State in accordance
with provision made by the regulations.(2A)
The person for the time being responsible for establishing and
operating the accreditation scheme in accordance with provision made by virtue of subsection (2) is referred to in this section as the “operator”.”
In subsection (5)—
omit “other than a public body”;
for “collection, analysis, publication or other dissemination”
substitute “processing”.
Section 268 (database of quality indicators) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (2)—
in paragraph (b), for “NHS England” substitute “the Secretary of
State”;
in paragraph (c) omit “or NHS England”.
In section 269 (power to confer functions in relation to identification of
GPs), in subsection (1), for “NHS England” substitute “the Secretary of
State”.
Omit section 270 (additional functions).
Omit section 274A (Secretary of State’s guidance about NHS England data
functions).
Before section 275 insert an italic heading “Interpretation etc”.
In section 275 (interpretation of Chapter 2 of Part 9)—
omit the definition of “devolved authority”;
omit the definition of “mandatory request”;
omit the definition of “Northern Ireland Minister”;
omit the definition of “relevant person”;
In section 304 (regulations, orders and directions), in subsection (12), for
“section 234(1) (direction to NICE to prepare quality standards);
section 245(1) (direction to NICE to perform functions);”.
the numbered list in paragraph (a) substitute—
The Health and Social Care Act 2008 is amended as follows.
In section 2 (Commission’s functions), in subsection (2)—
omit the “and” at the end of paragraph (b), and
“(ba)
investigation functions under Chapter 3A , and”.
In section 48 (special reviews and investigations), in subsection (2), in the
words before paragraph (a), after “an investigation”
insert “(other than an
.
investigation under
Chapter 3A
)”
“Chapter 3A Health services safety investigations
Investigations
51A Investigation of incidents with safety implications
(1)
The Commission may carry out such investigations as it considers
appropriate into incidents that—(a)
occur in England during the provision of health care services,
and(b)
have or may have implications for the safety of patients.
(2)
The purpose of the investigations is to—
(a)
identify risks to the safety of patients, and
(b)
address those risks by facilitating the improvement of
systems and practices in the provision of NHS services or other health care services in England.(3)
In particular, where an investigation relates to an incident that
occurred during the provision of health care services that are not NHS services, the Commission must consider whether, in relation to any risks identified, the systems and practices in the provision of NHS services could be improved.(4)
The purpose of the investigations does not include assessing or
determining—(a)
blame,
(b)
civil or criminal liability, or
(c)
whether action needs to be taken in respect of an individual
by a regulatory body.(5)
In this Chapter, an incident within subsection (1) is called a
“qualifying incident”.51B Deciding which incidents to investigate
(1)
The Commission’s function under section 51A includes determining
which qualifying incidents it will investigate, subject to subsection
(2) .(2)
The Secretary of State may direct the Commission to carry out an
investigation under section 51A of—(a)
a particular qualifying incident that has occurred, or
(b)
qualifying incidents that have occurred and are of a
particular description.(3)
A direction under subsection (2) may specify the date by which the
Commission must publish its final report (see section 51D ).(4)
Once the Commission has begun an investigation into a qualifying
incident, it must, in such manner as it considers appropriate, publish a statement which—(a)
reports that it has begun the investigation,
(b)
contains a brief description of the incident, and
(c)
sets out, in general terms, the issues that the Commission
expects to consider in the investigation.(5)
The Commission may give advance notice of a statement under subsection (4) to any person the Commission considers may be
affected by the investigation.(6)
Where the Commission discontinues an investigation under section
51A , it must, in such manner as it considers appropriate, publish a
statement which—(a)
reports that it has discontinued the investigation, and
(b)
gives its reasons for doing so.
(7)
Where the Commission determines not to investigate a qualifying
incident, it may give notice of its determination to any person the Commission considers to have an interest in the determination.(8)
Notice under subsection (7) may include—
(a)
a brief description of the incident, and
(b)
the Commission’s reasons for not investigating it.
51C Criteria, principles and processes
(1)
The Commission must determine and publish—
(a)
the criteria it will use in determining which qualifying
incidents it will investigate under section 51A ,(b)
the principles which are to govern such investigations,
(c)
the processes to be followed in carrying out such
investigations, and(d)
the processes for ensuring that, so far as reasonable and
practicable, patients and their families are involved in such investigations.(2)
The processes determined under subsection (1) (c) must include—
(a)
the procedures and methods to be used in investigations
(including in the interviewing of persons), and(b)
the time periods within which the Commission aims to
complete investigations.(3)
(4)
Anything published under subsection (1) (d) must be—
(a)
easily accessible to patients and their families, and
(b)
capable of being easily understood by them.
(5)
The Commission must review the criteria, principles and processes—
(a)
within the period of five years beginning with their
publication under subsection (1) , and(b)
subsequently within each period of five years beginning with
the completion of the previous review.(6)
If the Commission revises the criteria, principles and processes it
must publish them as revised.(7)
In determining or revising the criteria, principles and processes the
Commission must consult—(a)
the Secretary of State, and
(b)
any other persons the Commission considers appropriate.
Reports
51D Final reports
(1)
When the Commission completes an investigation under section
51A , it must publish a report on the outcome of the investigation
(the “final report”).(2)
The final report must—
(a)
contain a statement of findings of fact made as a result of
the investigation and an analysis of those findings,(b)
make such recommendations as to the action to be taken by
any person as the Commission considers appropriate (including recommendations as to any action to be taken by the Commission itself), and(c)
set out the Commission’s conclusions on the matters it
considered in accordance with section 51A (3) (but only if that provision is applicable to the investigation).(3)
The final report must focus on ascertaining risks to the safety of
patients and any recommendations as to the action to be taken by any person must focus on addressing those risks (rather than on the activities of individuals involved in the incident).(4)
In particular, the final report may not include an assessment or
determination of—(a)
blame,
(b)
civil or criminal liability, or
(c)
whether action needs to be taken in respect of an individual
by a regulatory body.(5)
Information which is protected material (see section 51M ) may be
disclosed in a final report if the Commission determines that the benefits to the safety of patients served by the disclosure outweigh—(a)
any adverse impact on current or future investigations under section 51A by deterring persons from providing information
for the purposes of such investigations, and(b)
any adverse impact on securing the improvement of the
safety of health care services provided to patients in England.(6)
The final report may not, without their consent, include the name
of any individual—(a)
who has provided information to the Commission for the
purposes of the investigation, or(b)
who was involved in the incident being investigated.
(7)
51E Interim reports
(1)
While the Commission is carrying out an investigation under section
51A , it may publish a report on any matter relating to the
investigation (an “interim report”).(2)
An interim report may—
(a)
contain a statement of findings of fact made as a result of
the investigation to date and an analysis of those findings,(b)
make such recommendations as to the action to be taken by
any person as the Commission considers appropriate (including recommendations as to any action to be taken by the Commission itself), and(c)
set out the Commission’s conclusions to date on the matters
it has considered in accordance with section 51A (3) (but only if that provision is applicable to the investigation).(3)
Subsections (3) to (7) of section 51D apply in relation to an interim
report as they apply in relation to a final report.51F Final and interim reports: drafts
(1)
Before it publishes a final or interim report, the Commission—
(a)
must send a draft of the report to any person who the
Commission reasonably believes could be adversely affected by the report, and(b)
may send a draft of the report to any other person who the
Commission believes should be sent a draft.(2)
If a person who the Commission reasonably believes could have
been adversely affected by the report has died, the draft report must be sent to the person (if any) who appears to the Commission to best represent the interests of the person who has died.(3)
The Commission must notify every person to whom a draft report
is sent—(a)
that the person has an opportunity to comment on the draft
report before the deadline specified by the Commission, and(b)
how any such comments should be made.
(4)
If a person’s comments on a draft report are not taken into account
in the final or interim report as published, the Commission must explain to the person why that is.(5)
Where this section would otherwise require the report to be sent to
the Commission, the report is to be sent to the chief executive of the Commission or a person nominated by the chief executive.51G Response to reports
(1)
This section applies where a final or interim report includes
recommendations as to the action to be taken by any person.(2)
The Commission must, in such manner as it considers appropriate,
send the report to that person or make it available to them.(3)
The report must specify—
(a)
the deadline for that person to provide a written response,
and(b)
how the written response should be provided.
(4)
Before that deadline, the person must respond to the Commission
in writing setting out the actions they propose to take in pursuance of the recommendations.(5)
The Commission may publish the response.
(6)
Subsection (4) does not require a person to respond to the extent
that the person could be required to respond to the Commission by an Act of Senedd Cymru (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006).(7)
Where this section would otherwise require the report to be sent
or made available to the Commission, the report is to be sent or made available to the chief executive of the Commission or a person nominated by the chief executive.51H Admissibility of reports
(1)
A final report, an interim report and the draft of a final or interim
report sent to a person under section 51F are not admissible in any proceedings within subsection (2) .(2)
Those proceedings are—
(a)
proceedings to determine civil or criminal liability in respect
of any matter;(b)
proceedings before any employment tribunal;
(c)
proceedings before a regulatory body (including proceedings
for the purposes of investigating an allegation);(3)
But the High Court may order that a final or interim report is
admissible in proceedings within subsection (2) on an application by a person who is a party to the proceedings or otherwise entitled to appear in them.(4)
The Commission may make representations to the High Court about
any application under subsection (3) .(5)
The High Court may make an order under subsection (3) only if it
determines that the interests of justice served by admitting the report outweigh—(a)
any adverse impact on current or future investigations under section 51A by deterring persons from providing information
for the purposes of such investigations, and(b)
any adverse impact on securing the improvement of the
safety of health care services provided to patients in England.Investigatory powers etc
51I Powers of entry, inspection and seizure
(1)
If an investigator considers it necessary for the purposes of an
investigation under section 51A , the investigator may—(a)
enter and inspect premises in England, other than premises
used wholly or mainly as a private dwelling;(b)
inspect and take copies of any document at, or capable of
being viewed using equipment at, the premises;(c)
inspect any item at the premises;
(d)
seize and remove from the premises any document or other
item (unless that would risk the safety of any patient).(2)
In subsection (1) (b) the reference to inspecting and taking copies of
any document includes requiring any document which is kept in electronic form to be produced in a form in which it is legible and can be taken away.(3)
Where any document or other item is seized by an investigator, or
any copy of a document is taken, it may be retained by the Commission for so long as is necessary for the purposes of the investigation.(4)
An investigator exercising any power conferred by this section must,
if asked, produce evidence of the investigator’s authority from the Commission to act on its behalf.51J Powers to require information etc
(1)
An investigator may by notice require any person—
(a)
to attend at a specified time and place and to provide
information by answering questions;(b)
to provide specified information, or information of a specified
description, by a specified date;(c)
to provide specified documents or items, or documents or
items of a specified description, by a specified date.(2)
An investigator may give a person a notice under subsection (1) only if the investigator reasonably believes that—
(a)
in the case of a requirement under subsection (1) (a) , the
person is able to provide information which is necessary for the purposes of an investigation under section 51A ;(b)
in the case of a requirement under subsection (1) (b) —
(i)
it is necessary to obtain the information for the
purposes of an investigation under section 51A , and(ii)
the person is able to provide it;
(c)
in the case of a requirement under subsection (1) (c) —
(i)
it is necessary to obtain the document or other item
for the purposes of an investigation under section
51A , and(ii)
the person is able to provide it.
(3)
But a person is not required by virtue of subsection (1) to provide
any information, document or other item where—(a)
its provision would risk the safety of any patient,
(b)
its provision might incriminate the person, or
(c)
in the case of information or a document, the person would
be entitled to refuse to provide it in any proceedings in any court on the grounds that it is the subject of legal professional privilege.(4)
A notice must—
(a)
specify the grounds for the investigator believing the matters
in subsection (2) ,(b)
give an explanation of the consequences of failing to comply
with the notice (see section 51L ), and(c)
attach evidence of the investigator’s authority from the
Commission to exercise the powers conferred by this section.(5)
If a notice requires a person to provide anything which is kept in
electronic form, the notice may require it to be provided in a form in which it is legible.(6)
An investigator may withdraw a notice under subsection (1) by
giving notice of withdrawal to the person to whom the notice was given.(7)
Where any document or other item is provided to an investigator
pursuant to a notice, it may be retained by the Commission for so long as is necessary for the purposes of the Commission’s investigation function under section 51A , unless its retention would risk the safety of any patient.(8)
Where a person attends to answer questions pursuant to a notice
under subsection (1) (a) , the Commission—(a)
must reimburse the person the reasonable costs incurred in
attending;(b)
may record, by any means, the answers given.
(9)
In this section “specified” means specified in the notice.
51K Voluntary provision of information etc
A person may disclose any information, document or other item to the Commission if the person reasonably believes that the disclosure is necessary for the purpose of enabling the Commission to carry out its investigation function under section 51A .
51L Offences relating to investigations
(1)
A person commits an offence if the person—
(a)
intentionally obstructs an investigator in the performance of
functions conferred by section 51I , or(b)
fails without reasonable excuse to comply with a notice given
under section 51J .(2)
A person commits an offence if the person provides information to
the Commission for the purposes of the Commission’s investigation function under section 51A which the person knows or suspects is false or misleading in a material respect.(3)
It is a defence for a person charged with an offence under subsection
(2) to show that—(a)
the person reasonably believed that the information would
assist the Commission in carrying out its investigation function under section 51A , and(b)
at the time of providing the information the person informed
the Commission that the person knew or suspected that it was false or misleading.(4)
If a person charged with an offence under subsection (2) relies on
the defence under subsection (3) , and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.(5)
A person who commits an offence under this section is liable on
summary conviction to a fine.Protection of material held by the Commission under Chapter 3A
51M Prohibition on disclosure of material
(1)
The Commission, or a connected individual, must not disclose
protected material to any person.(2)
In this Chapter “protected material” means any information,
document or other item which—(a)
is held by the Commission, or a connected individual, for
the purposes of the Commission’s investigation function under section 51A ,(b)
relates to a qualifying incident (whether or not investigated
by the Commission), and(c)
has not already been lawfully made available to the public.
(3)
In this Chapter “connected individual” means—
(a)
a member of the Commission,
(b)
a member of a committee or sub-committee of the
Commission,(c)
an investigator, or
(d)
an individual (other than an investigator) who works for the
Commission.(4)
For the purposes of subsection (3) (d) an individual “works for” the
Commission if the individual works—(a)
under a contract of employment with the Commission,
(b)
under a contract of apprenticeship with the Commission,
(c)
under a contract under which the individual undertakes to
do or perform personally any work or services for the Commission, or(d)
as an agency worker within the meaning of the Agency
Workers Regulations 2010 (S.I. 2010/93) in circumstances where the Commission is the hirer within the meaning of those Regulations.(5)
An individual who was, but has ceased to be, a connected individual
must not disclose to any person, other than a connected individual who is involved in the exercise of the Commission’s investigation function under section 51A , any information, document or other item held by that individual—(a)
which the individual obtained because they were a connected
individual,(b)
which, immediately before they ceased to be a connected
individual, was protected material, and(c)
which has not already been lawfully made available to the
public.51N Exceptions to prohibition on disclosure
(1)
(a)
(b)
any other provision of this Chapter, or
(c)
regulations under this subsection.
(2)
Regulations under subsection (1) (c) may, for example, require or
authorise disclosures of protected material by reference to—(a)
the kind of material that it is (for example, a particular kind
of equipment),(b)
the matters to which it relates,
(c)
the person from whom it was obtained,
(d)
the purpose for which it was produced or is held, or
(e)
the purpose for which it is disclosed.
(3)
But regulations under subsection (1) (c) may not require or authorise
disclosures of protected material by reference to the qualifying incident to which the material relates.(4)
Regulations under subsection (1) (c) may provide for a person to
exercise a discretion in dealing with any matter.(5)
Regulations under subsection (1) (c) may provide that disclosures
which are required or authorised by the regulations do not breach—(a)
obligations of confidence owed by the person making the
disclosure, or(b)
any other restrictions on disclosure.
51O Offences of unlawful disclosure
(1)
A person commits an offence if the person—
(a)
breaches the prohibition in section 51M (1) by knowingly or
recklessly disclosing protected material to another person, and(b)
knows or suspects that the disclosure is prohibited.
(2)
An individual commits an offence if the individual—
(a)
breaches the prohibition in section 51M (5) by knowingly or
recklessly disclosing any information, document or other item to another person, and(b)
knows or suspects that the disclosure is prohibited.
(3)
Subsection (4) applies where protected material is disclosed to a
person who is not a connected individual—(a)
in a draft report sent to the person under section 51F (1) ,
(b)
under paragraph 4 , 5 or 6 of Schedule 2A (disclosures for
purposes of an investigation, offence or safety risk), or(c)
under regulations under section 51N (1) (c) .
(4)
The person to whom protected material is disclosed commits an
offence if the person—(a)
knowingly or recklessly discloses the protected material to
another person without reasonable excuse, and(b)
knows or suspects that it is protected material.
(5)
A person who commits an offence under this section is liable on
summary conviction to a fine.51P Restriction of statutory powers requiring disclosure
(1)
A power under any enactment (whenever passed or made) other
than this Chapter to require the disclosure of, or to seize, any information, document or other item may not be used—(a)
to require the disclosure of protected material by the
Commission, or(b)
to seize protected material from the Commission.
(2)
Subsection (1) applies to a power to require disclosure, or to seize,
however it is expressed (and, for example, it applies if the power is to require a person to give, supply, furnish or produce any information, document or other item).(3)
Subsection (1) does not apply to a power to the extent that the
provision conferring it is within the legislative competence of a devolved legislature.(4)
A provision is within the legislative competence of a devolved
legislature if—(a)
it would be within the legislative competence of the Scottish
Parliament if it were contained in an Act of that Parliament;(b)
it would be within the legislative competence of Senedd
Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006);(c)
the provision—
(i)
would be within the legislative competence of the
Northern Ireland Assembly if it were contained in an Act of that Assembly, and(ii)
would not, if it were contained in a Bill in the
Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.(5)
References to the Commission in subsection (1) include—
(a)
a connected individual, and
(b)
an individual who was, but has ceased to be, a connected
individual.Relationship with other bodies
51Q Co-operation with other bodies
(1)
This section applies where—
(a)
the Commission is carrying out an investigation under section 51A into a qualifying incident, and
(b)
a listed person is also carrying out an investigation into the
same or a related incident.(2)
The Commission and the listed person must co-operate with each
other regarding practical arrangements for co-ordinating those investigations.(3)
The following are listed persons—
(a)
an English NHS body or any other person providing NHS
services;(b)
a cross-border Special Health Authority;
(c)
the Health Research Authority;
(d)
the Human Tissue Authority;
(e)
the Human Fertilisation and Embryology Authority;
(f)
the Health Service Commissioner for England;
(g)
the Parliamentary Commissioner for Administration;
(h)
any regulatory body;
(i)
the Health and Safety Executive;
(j)
the Commissioner for Patient Safety.
(4)
The Commission must publish guidance about when a qualifying
incident is to be regarded as related to another incident for the purposes of this section.(5)
If the Commission revises the guidance the Commission must
publish it as revised.51R Provision of assistance to Secretary of State, NHS bodies and other
persons(1)
The Commission must comply with—
(a)
any request by a relevant NHS body to provide it with
assistance in connection with the carrying out of investigations into incidents occurring during the provision of NHS services or occurring at premises at which NHS services are provided;(b)
any request by the Secretary of State to provide a relevant
NHS body with such assistance;(c)
any request by the Secretary of State to provide the Secretary
of State with such assistance.(2)
In subsection (1) “relevant NHS body” means—
(a)
an NHS foundation trust;
(b)
an NHS trust;
(c)
an integrated care board.
(3)
For the purposes of this section, providing assistance includes—
(a)
disseminating information about best practice,
(b)
developing standards to be adopted, and
(c)
giving advice, guidance or training.
(4)
Subsection (1) does not apply if—
(a)
the assistance requested is giving advice, guidance or
training, and(b)
the Commission determines that it is impracticable for it to
give the assistance.(5)
The Commission may give assistance to a person other than a
relevant NHS body or the Secretary of State in relation to any matter connected with the carrying out of investigations if the Commission has been requested to provide the assistance by the person to whom it is to be given.(6)
But the Commission may give assistance under subsection (5) only
to the extent that the assistance does not to any significant extent interfere with the exercise by the Commission of its investigation function under section 51A .(7)
The activities which the Commission may carry out in, or in
connection with, giving assistance under subsection (5) are not restricted to activities carried out in the United Kingdom.(8)
The Commission may impose charges for or in connection with
giving assistance under subsection (5) .(9)
Charges under subsection (8) must not exceed the costs incurred
by the Commission in giving the assistance.51S Investigations relating to Wales and Northern Ireland
(1)
The Commission may enter into an agreement with any person for
the Commission to carry out an investigation falling within subsection (2) .(2)
An investigation falls within this subsection if—
(a)
it is an investigation into one or more incidents that have
occurred, or are occurring, in the United Kingdom—(i)
during the provision of any of the services mentioned
in subsection (3) , or(ii)
at premises at which any of those services are, or
were, provided,(b)
the incident or incidents have or may have implications for
the safety of persons for whom those services are provided,(c)
the investigation is carried out for the purpose of identifying
risks to the safety of such persons and addressing those risks by facilitating the improvement of systems and practices in the provision of any of the services mentioned in subsection
(3) , and(d)
the investigation does not involve the assessment or
determination of blame or civil or criminal liability.(3)
The services referred to in subsection (2) are—
(a)
services provided for the purposes of the health service
continued under section 1 of the National Health Service (Wales) Act 2006, and(b)
health care, within the meaning of the Health and Social
Care (Reform) Act (Northern Ireland) 2009, provided for the purposes of the system promoted under section 2(1) of that Act.(4)
The Commission may impose charges for providing services under
an agreement under subsection (1) .(5)
Those charges must not exceed the costs incurred by the Commission
in providing the services.(6)
The Commission may enter into an agreement under subsection (1) only if it considers that the provision of the services under the agreement will not to any significant extent interfere with the exercise by the Commission of its investigation function under section 51A .
Oversight of functions
51T Review
(1)
Before the end of the period mentioned in subsection (2) , the
Secretary of State must—(a)
review the effectiveness of the exercise by the Commission
of its investigation function under section 51A ,(b)
prepare and publish a report of the review, and
(c)
lay the report before Parliament.
(2)
The period is four years beginning with the day on which section
51A comes into force.Supplementary
51U Obligations of confidence etc
A disclosure of any information, document or other item which is required or authorised by or under section 51J or 51K or Schedule
2A does not breach—(a)
any obligation of confidence owed by the person making
the disclosure, or(b)
any other restriction on disclosure.
51V Interpretation of Chapter 3A
In this Chapter—
“
connected individual” has the meaning given by section
51M (3) ;“disclose”, in relation to information, documents and other items, includes to permit access to such things;
“documents” includes records, including personal and medical records;
“final report” means a report under section 51D ;
“interim report” means a report under section 51E ;
“investigator” means a person authorised by the Commission to carry out functions in relation to investigations under section 51A on its behalf;
“NHS services” means health care services provided in England for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006;
“notice” means notice in writing;
“patients” means individuals for whom health care services are provided;
“premises” includes a vehicle;
“protected material” has the meaning given by section 51M (2) ;
“qualifying incident” has the meaning given by section 51A (5) ;
“regulatory body” means—
(a)
the General Medical Council,
(b)
the General Dental Council,
(c)
the General Optical Council,
(d)
the General Osteopathic Council,
(e)
the General Chiropractic Council,
(f)
the General Pharmaceutical Council,
(g)
the Nursing and Midwifery Council,
(h)
the Health and Care Professions Council, or
(i)
any other regulatory body, within the meaning of
Schedule 3 to the Health Act 1999, established at any time by an Order in Council under section 60 of that Act;“
responsible person” means the person appointed in accordance
with paragraph 1 of Schedule 2A .”
In the italic heading before section 60, at the end insert “for regulatory
purposes”.
In the italic heading before section 62, at the end insert “for regulatory
purposes”.
In section 64 (power to require documents and information etc.), after A person is not required by subsection (1) to provide any its provision would risk the safety of any patient, its provision might incriminate the person, or in the case of information, a document or a record, the
subsection (3) insert—
“(3A)
information, document, record or other item where—
(a)
(b)
(c)
person would be entitled to refuse to provide it in any
proceedings in any court on the grounds that it is the subject
of legal professional privilege.”
In section 69 (co-operation between the Commission and Welsh Ministers), Subsection (3) is subject to
section 51M
(prohibition on disclosure
after subsection (3) insert—
“(4)
of material).”
In section 74 (arrangements with Northern Ireland Ministers), in subsection
(1)(a), after “the Commission”
insert “(other than its investigation function
.
under
section 51A
)”
In section 76 (disclosure of confidential personal information: offence), in
subsection (1)—
omit the “and” at the end of paragraph (a);
“, and
(c)
is not protected material within the meaning of section 51M (2) .”
Section 78 (use of information etc.) is amended as follows.
The existing text becomes subsection (1).
“(2)
Subsection (1) does not apply to protected material within the
meaning of section 51M (2) .”
In section 79 (permitted disclosures), in subsection (1), at the end insert “
.
other than protected material within the meaning of
section 51M
(2)
”
In section 82 (failure by the Commission in discharge of functions), in in relation to the performance of functions in a particular which directs the outcome of a particular investigation under
section 51A
.”
subsection (2A) for “in relation to” to the end substitute “—
(a)
case, or
(b)
Section 83 (reports for each financial year) is amended as follows.
In subsection (5), for “The”
at the beginning substitute “Subject to subsection
.
(5A), the”
“(5A)
The Secretary of State may not require the Commission to provide
any reports or information that relate to an investigation that the Commission is carrying out or has carried out under Chapter 3A .”
“(3)
This section does not apply in relation to an offence under Chapter
3A .”
Section 96 (application to the Crown) is amended as follows.
In subsection (1), for “or 3” substitute “, 3 or 3A ”.
In subsection (3), for “or 3” substitute “, 3 or 3A ”.
In subsection (4), for “and 3” substitute “, 3 and 3A ”.
In subsection (5), after “sections” insert “ 51I ,”.
In section 97 (general interpretation of Part 1), in subsection (2), after “
insert
Chapter 2”“or
3A
.”
In section 162 (orders and regulations: Parliamentary control), in subsection regulations under section 46B(13) (amendment of definition regulations under
section 51N
(exceptions to prohibition on
(3), for paragraph (c) as inserted by the Health and Care Act 2022
substitute—
“(ca)
of relevant health care),
(cb)
disclosure),”.
Schedule 1 (the Care Quality Commission) is amended as follows.
In paragraph 2, in sub-paragraph (2)—
omit the “and”
at the end of paragraph (d);
“, and
(f)
developing and exploiting ideas and exploiting
intellectual property in relation to its functions under Chapter 3A .”
“Losses and liabilities etc
9A
(1)
Section 265 of the Public Health Act 1875 (which relates to the
protection of members and officers of certain authorities from personal liability) has effect as if the Commission were an authority of the kind referred to in that section.(2)
In its application to the Commission as a result of sub-paragraph
(1), section 265 of that Act has effect as if the references in that section to that Act were references to this Part of this Act.”
“Schedule 2A Prohibition on disclosure of protected material: exceptions
Appointment of responsible person
1
(1)
The Commission must appoint a person to discharge the functions
of the responsible person under this Schedule.(2)
The responsible person is to be an employee of the Commission.
(3)
The responsible person may arrange for any of their functions
under this Schedule to be exercised by a connected individual who is involved in the exercise of the Commission’s functions under Chapter 3A .(4)
An arrangement under sub-paragraph (3) may relate to a
particular case, a particular class of case or all cases.Disclosure to the responsible person
2
The Commission, or a connected individual, may disclose
protected material to the responsible person if the person making the disclosure reasonably believes that the disclosure is necessary for the purposes of the responsible person exercising their functions under this Schedule.Disclosures for purposes of investigations
3
The Commission, or a connected individual, may disclose
protected material to a connected individual who is involved in the exercise of the Commission’s functions under Chapter 3A if the person making the disclosure reasonably believes that the disclosure is necessary for the purposes of carrying out the Commission’s investigation function under section 51A .4
The Commission, or a connected individual, may disclose
protected material to a person if the responsible person reasonably believes that the disclosure is necessary for the purposes of carrying out the Commission’s investigation function under section 51A .Disclosures relating to prosecution or investigation of offences
5
The Commission, or a connected individual, may disclose
protected material to a person if the responsible person reasonably believes that the disclosure is necessary for the purposes of the prosecution or investigation of an offence under section 51L (offences relating to investigations) or 51O (unlawful disclosure).Disclosures relating to safety risks
6
The Commission, or a connected individual, may disclose
protected material to a person (“the recipient”) where—(a)
the responsible person reasonably believes that the
disclosure of the material is necessary to address a serious and continuing risk to the safety of any patient or to the public,(b)
the responsible person reasonably believes that the
recipient is in a position to address the risk, and(c)
the disclosure is only to the extent necessary to enable the
recipient to take steps to address the risk.Disclosure by order of the High Court
7
(1)
A person may apply to the High Court for an order that any
protected material be disclosed by the Commission to the person for the purposes specified in the application.(2)
Those purposes may include onward disclosure by the person
making the application to a person specified in the application.(3)
The Commission may make representations to the High Court
about any application under this paragraph.(4)
The High Court may make an order on an application under this
paragraph only if it determines that the interests of justice served by the disclosure outweigh—(a)
any adverse impact on current and future investigations
under section 51A by deterring persons from providing information for the purposes of such investigations, and(b)
any adverse impact on securing the improvement of the
safety of health care services provided to patients in England.Guidance
8
(1)
The Commission must publish guidance as to—
(a)
(b)
the types of protected material which it might be
appropriate to disclose under any such provision, and(c)
the processes which should be used when disclosing
protected material under any such provision.(2)
If the Commission revises the guidance, the Commission must
publish it as revised.Interpretation
9
In this Schedule, a reference to the Commission’s functions under Chapter 3A does not include the Commission’s function in
responding to a report under section 51G (4) .”
In Schedule 4 (interaction with other authorities), in paragraph 5, after This paragraph does not apply in relation to the Commission’s
sub-paragraph (5) insert—
“(6)
functions under Chapter 3A.”
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table in paragraph 3, in the entry for the Care Quality
Commission, after “Commission” insert “(except for any record that is
prohibited from being disclosed by
section 51M
of the Health and Social
Care Act 2008)”.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which Act applies), in paragraph 1 omit sub-paragraph (q).
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
subject to investigation) omit the entry for the Health Services Safety
Investigations Body.
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership of the House of Commons), in Part 3 omit
the entry relating to the Chief Investigator, chair or other members of the
Health Services Safety Investigations Body.
In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit “the Health Services Safety Investigations Body,”.
The Employment Rights Act 1996 is amended as follows.
In section 49B (regulations prohibiting discrimination because of protected
disclosure), in subsection (7) omit paragraph (ga).
In section 50 (right to time off for public duties), in subsection (8) omit
paragraph (ae).
In section 218 (change of employer), in subsection (10) omit paragraph (ce).
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other
public bodies and officers: general) omit the entry for the Health Services
Safety Investigations Body.
The National Health Service Act 2006 is amended as follows.
In section 9 (NHS contracts), in subsection (4) omit paragraph (kd).
In section 71 (schemes for meeting losses and liabilities etc of certain health
service bodies), in subsection (2) omit paragraph (fb).
In section 247C (duty to keep health service functions under review), in
subsection (2) omit paragraph (eb).
In section 253 (emergency powers), in subsection (1A) omit paragraph (ca).
In Schedule 1B (integrated care boards), in paragraph 19(4)(b) omit
sub-paragraph (vii).
In section 2 of the Health Act 2009 (duty to have regard to NHS
Constitution), in subsection (2) omit paragraph (i).
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to
which public sector equality duty applies), in the group of entries that
includes entries for bodies whose functions relate to health, social care and
social security omit the entry for the Health Services Safety Investigations
Body.
The Health and Care Act 2022 is amended as follows.
Omit Part 4 (the Health Services Safety Investigations Body).
In section 183 (regulations), in subsection (4) omit paragraph (d).
Omit Schedules 13 to 15 (the Health Services Safety Investigations Body).
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership of the House of Commons), in Part 2, in the
entry relating to the Care Quality Commission omit “and the Healthwatch
England committee”.
In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(offices disqualifying for membership of the Northern Ireland Assembly),
in Part 2, in the entry relating to the Care Quality Commission omit “and
the Healthwatch England committee”.
In section 247C of the National Health Service Act 2006 (Secretary of State’s
duty to keep health service functions under review), in subsection (2)(c)
omit “and its Healthwatch England committee”.
The Health and Social Care Act 2008 is amended as follows.
Omit sections 45A to 45C (Healthwatch England) and the italic heading
before section 45A.
Section 82 (failure by the Commission or Healthwatch England in discharge
of functions) is amended as follows.
In the heading omit “or Healthwatch England”.
Omit subsection (1A).
In subsection (2)—
omit “or (1A)”;
omit “or (as the case may be) the committee”.
In subsection (2A) omit “or (1A)”.
In subsection (3)—
omit “or the committee”;
omit “or (1A)”.
In subsection (4) omit “, (1A)”.
In section 83 (reports for each financial year etc.) omit subsections (1A) and
(2A).
In Schedule 1 (the Care Quality Commission), in paragraph 6 omit
sub-paragraphs (1A), (1B) and (5A) to (5D).
The Health and Social Care Act 2012 is amended as follows.
In section 83 (NHS provider licensing exemption regulations), in subsection
(4)(c) omit “and its Healthwatch England committee”.
In section 84 (exemption regulations: supplementary), in subsection (5)(a)(iii)
omit “and its Healthwatch England committee”.
In section 95 (special conditions), in subsection (2)(e) omit “and its
Healthwatch England committee”.
In section 100 (modification of standard conditions), in subsection (2)(e)
omit “and its Healthwatch England committee”.
In section 150 (interpretation) omit subsection (4).
In section 181 (Healthwatch England) omit subsection (14).
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which the Act applies), in paragraph 1 omit sub-paragraph (bl).
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership of the House of Commons), in Part 3 omit
the entry relating to a director of a Local Healthwatch organisation.
In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(offices disqualifying for membership of the Northern Ireland Assembly),
in Part 3 omit the entry relating to a director of a Local Healthwatch
organisation.
Paragraph 35E of Schedule 1 to the Freedom of Information Act 2000 (public
authorities to which the Act applies) is amended as follows.
In the words before paragraph (a), before “Local Healthwatch organisation”
insert “former”
.
In paragraph (a), after “Local Government and Public Involvement in Health
insert
Act 2007”“(which was repealed by the Health Act 2026)”
.
The National Health Service Act 2006 is amended as follows.
For section 14Z45 (public involvement and consultation by integrated care This section applies in relation to any health services which are, or An integrated care board must make such arrangements as it what health services are needed, their experiences of health services, the standard of provision of health services, whether, and how, health services could be improved, and whether, and how, health services ought to be improved. An integrated care board must consider views obtained under
subsection (2)
when exercising its functions. The reference in subsection
(2)
to users or potential users of a service This section does not require an integrated care board to make
boards) substitute—
“14Z45
Consultation by integrated care boards
(1)
may be, provided pursuant to arrangements made by an integrated
care board in the exercise of its functions.
(2)
considers appropriate to obtain the views of users or potential users
of those services about—
(a)
(b)
(c)
(d)
(e)
(3)
(4)
includes any carers or representatives of users or potential users of
the service.
(5)
arrangements in relation to matters to which a trust special
administrator’s draft or final report under section 65F or 65I relates
before the Secretary of State has made a decision under section
65K.”
In section 73B (exercise of public health functions of local authorities: further
provision), in subsection (2), in paragraph (a), after “111”
insert “, 242ZA”
.
Section 242 (public involvement and consultation) is amended as follows.
In the heading, at the end insert “: health services”.
In subsection (1B) omit “, whether directly or through representatives,”.
“(1FA)
The reference in subsection (1B) to users of health services (as
defined by subsection (1F)(b)) includes any carers or representatives of users of those services.”
“242ZA Consultation: public health services
(1)
This section applies in relation to any services which are, or may
be, provided by or pursuant to arrangements made by a local authority (within the meaning of section 2B) in the exercise of its public health functions.(2)
The local authority must make such arrangements as it considers
appropriate to obtain the views of users or potential users of those services about—(a)
what services are needed,
(b)
their experiences of services,
(c)
the standard of provision of services,
(d)
whether, and how, services could be improved, and
(e)
whether, and how, services ought to be improved.
(3)
A local authority must consider views obtained under subsection
(2) when exercising its public health functions.(4)
The reference in subsection (2) to users or potential users of a service
includes any carers or representatives of users or potential users of the service.(5)
The Secretary of State may require a local authority to provide the
Secretary of State with information relating to the exercise of its functions under this section.(6)
The information must be provided in such form, and at such time
or within such period, as the Secretary of State may require.”
In Schedule 1B (integrated care boards), in paragraph 14, in sub-paragraph
(a) after “section 14Z45(2)”
insert “and
(3)
”
.
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
In section 116 (health and social care: joint strategic needs assessments), in
subsection (8)—
omit paragraph (ba);
in paragraph (bb), for “that area” substitute “the area of the
responsible local authority”.
Omit sections 221 to 223 (Local Healthwatch organisations and local
authority arrangements).
Section 223A (independent advocacy services) is amended as follows.
Omit subsection (4).
“(9A)
Any power of the Secretary of State to make regulations under this
section includes power to make incidental, supplementary, consequential, transitory or transitional provision or savings.”
Omit sections 224 to 227 (duties of responsible persons and
service-providers, referrals and annual reports).
Section 229 (interpretation) is amended as follows.
For the heading substitute “Meaning of local authority”
.
In subsection (1), for “sections 221 to 228” substitute “section 223A”.
Omit subsection (2).
In section 240 (orders, regulations and guidance), in subsection (6) omit “
.
regulations under section 221, 224(2)(e) or 225,”
The Health and Social Care Act 2008 is amended as follows.
In section 4 (matters to which the Care Quality Commission must have
regard in performing its functions) omit subsections (1)(c) and (3).
Omit section 45D (and accordingly any licence under that section lapses).
The Health and Social Care Act 2012 is amended as follows.
Omit section 188 (transitional arrangements).
In section 194 (establishment of Health and Wellbeing Boards) omit
subsections (2)(e) and (5).
The Care Act 2014 is amended as follows.
“5A Consultation on the provision of services
(1)
This section applies in relation to any services for meeting care and
support needs (within the meaning of section 5(7)) which are, or may be, provided by or pursuant to arrangements made by a local authority.(2)
The local authority must make such arrangements as it considers
appropriate to obtain the views of users or potential users of those services about—(a)
what services are needed,
(b)
their experiences of services,
(c)
the standard of provision of services,
(d)
whether, and how, services could be improved, and
(e)
whether, and how, services ought to be improved.
(3)
A local authority must consider views obtained under subsection
(2) when exercising its functions under this Part.(4)
The reference in subsection (2) to users or potential users of a service
includes any carers or representatives of users or potential users of the service.(5)
The Secretary of State may require a local authority to provide the
Secretary of State with information relating to the exercise of its functions under this section.(6)
The information must be provided in such form, and at such time
or within such period, as the Secretary of State may require.”
Schedule 2 (safeguarding adults boards) is amended as follows.
“(2)
In preparing its strategic plan, the SAB must involve the
community in its area.”
In paragraph 4, in sub-paragraph (2)—
omit paragraph (c) (but not the “and”
at the end);
in paragraph (d), for “that area” substitute “the local authority’s
area”.
In Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil
Interests) Act 1951 (paying authorities), in Part 1, in entry 15 omit “NHS
England,” in both places.
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960
(bodies to which Act applies), in paragraph 1—
omit sub-paragraph (fa);
in paragraph (l) omit “section 25 of”.
The Leasehold Reform Act 1967 is amended as follows.
In section 28 (land required for public purposes) (which is repealed by the
Leasehold and Freehold Reform Act 2024), in subsections (5)(d) and (6)(c)
omit “NHS England,”.
In section 38 (modification of right to possession under Landlord and
Tenant Act 1954), in subsection (2) (as substituted by the Leasehold and
Freehold Reform Act 2024) omit paragraphs (g), (m), (n) and (o).
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not
subject to investigation), in paragraph 8(1) and (2) omit “NHS England,”.
The Health Services and Public Health Act 1968 is amended as follows.
Section 63 (provision of instruction for officers of hospital authorities and
other persons employed, or contemplating employment, in certain activities
connected with health or welfare) is amended as follows.
In subsection (1)(a) omit “NHS England or”.
In subsection (2)(a) and (b) omit “NHS England,”.
In subsection (8), in the definition of “the relevant enactments”, for in relation to subsection (2)(a)— any enactment functions under which are social the National Health Service Act 2006;”.
paragraph (a) substitute—
“(a)
(i)
services functions within the meaning of the Local
Authority Social Services Act 1970 or the Social
Services and Well-being (Wales) Act 2014, and
(ii)
In section 64 (financial assistance to certain voluntary organisations), in
subsection (3)(b) omit “NHS England or”.
In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969
(employers exempted from insurance), in subsection (2)(a) omit—
“NHS England,”;
“section 25 of”.
In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions), in the table, in the entry relating to the Children Act 1989 omit
“, NHS England”.
Section 113 of the Local Government Act 1972 (placing of staff of local
authorities at disposal of other local authorities) is amended as follows.
In subsection (1A) omit “NHS England,” in each place.
In subsection (4)—
for “under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule
1 to,” substitute “in relation to the health service continued under
section 1 of”;
omit “section 25 of”.
In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc
referred to in section 1) omit the entry relating to employment by NHS
England.
Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary
provision about the employment medical advisory service) is amended as
follows.
In subsection (1) omit “NHS England or”.
In subsection (2), for “the National” substitute “each integrated care board”.
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership of the House of Commons), in Part 3 omit
the entry relating to the chair and non-executive members of NHS England.
In Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(offices disqualifying for membership of the Northern Ireland Assembly),
in Part 3 omit the entry relating to the chair and non-executive members
of NHS England.
The National Health Service (Scotland) Act 1978 is amended as follows.
In section 17A (NHS contracts), in subsection (2) omit paragraph (ja).
In section 27 (arrangements for provision of pharmaceutical services), in
subsection (1)—
in paragraphs (a) and (cc), for the “health service for England and
Wales” substitute “health service in England, the health service in
Wales”;
for the definitions of “the health service for England and Wales”
““
“
“
and “the Northern Ireland health service” substitute—
the health service in England” means the health service
continued under section 1 of the National Health Service
Act 2006;
the health service in Wales” means the health service continued
under section 1 of the National Health Service (Wales) Act
2006;
the Northern Ireland health service” means the system of
health and social care referred to in section 2 of the Health
and Social Care (Reform) Act (Northern Ireland) 2009.”.
The Acquisition of Land Act 1981 is amended as follows.
In section 16 (statutory undertakers’ land excluded from compulsory
purchase), in subsection (3)—
omit paragraph (aa);
in paragraph (b) omit “section 25 of”.
In section 17 (local authority and statutory undertakers’ land), in subsection
(4), in the definition of “statutory undertakers”—
in paragraph (aa) omit “section 25 of”;
omit paragraph (ae).
The Mental Health Act 1983 is amended as follows.
Section 12ZB (requirement to exercise approval functions: England) is
amended as follows.
In subsection (1)—
in the words before paragraph (a) omit “NHS England (“NHS
England”) or”;
in paragraph (a), for “NHS England or (as the case may be)”
substitute “the”.
In subsection (2), for “body” substitute “Special Health Authority”.
In subsection (3), in the words before paragraph (a), for “body” substitute
“Special Health Authority”.
In subsection (4), for “NHS England or (as the case may be)” substitute
“the”.
In subsection (7) omit “NHS England or”.
In section 12ZC (provision of information for the purposes of section 12ZA a Special Health Authority on which a requirement is
or 12ZB), in subsection (2), for paragraph (c) substitute—
“(c)
imposed under section 12ZB.”
Section 39 (information as to hospitals) is amended as follows.
In subsection (1), for “NHS England”, in each place it occurs, substitute
“the Secretary of State”.
In subsection (1ZA), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In section 47A (hospital treatment for prisoners: 28 day transfer period),
in subsection (3)(c) omit sub-paragraph (i).
In section 48A (hospital treatment for other prisoners: 28 day transfer
period), in subsection (3)(c) omit sub-paragraph (i).
Section 117 (after-care) is amended as follows.
In subsection (2E), for “NHS England” substitute “the Secretary of State”.
In subsection (2F), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In section 118 (code of practice), in subsection (1)(f) omit “NHS England,”.
In section 125G (interpretation of Part 8A), in subsection (1)—
in the definition of “commissioning functions”—
for “NHS commissioning body” substitute “NHS
commissioning authority”;
for “the body” substitute “the NHS commissioning authority”;
““
NHS commissioning authority” means the Secretary of State
or an integrated care board;”;
omit the definition of “NHS commissioning body”;
in the definition of “responsible commissioner” for “NHS
commissioning body” substitute “NHS commissioning authority”.
Section 130M (advance choice documents: England) is amended as follows.
In subsection (1)—
in the words before paragraph (a)—
for “NHS England” substitute “The Secretary of State”;
for “it considers” substitute “they consider”;
in paragraph (a), for “it is” substitute “they are”;
in paragraphs (b) and (c), for “it considers” substitute “they
consider”.
In subsections (2) and (3), for “NHS England” substitute “the Secretary of
State”.
“(a)
the Secretary of State is “responsible” for any people for
whom the Secretary of State is made responsible by regulations made by virtue of section 3B(3) of the National Health Service Act 2006;”.
In section 134 (correspondence of patients), in subsection (3)(e) omit “NHS
England,”.
In section 139 (protection for acts done in pursuance of the Mental Health
Act 1983), in subsection (4) omit “NHS England,”.
In section 142C (Human Rights Act 1998: extension to certain private care
providers), in subsection (2)(c), after “NHS body” insert “or the Secretary
of State”.
The Disabled Persons (Services, Consultation and Representation) Act 1986
is amended as follows.
Section 2 (rights of authorised representatives of disabled persons) is
amended as follows.
In subsection (5)(a), for “NHS England” substitute “the Secretary of State”.
In subsection (9), in the definition of “health authority”, in paragraph (a)
omit “NHS England,”.
In section 7 (persons discharged from hospital), in subsection (3A)(a), for
“NHS England” substitute “the Secretary of State”.
In section 48 of the Copyright, Designs and Patents Act 1988 (material
communicated to the Crown in the course of public business), in subsection
(6) omit—
“NHS England,”;
“section 25 of”.
In section 144 of the Road Traffic Act 1988 (exceptions from requirement
of third-party insurance), in subsection (2)(db) omit “section 25 of”.
The Children Act 1989 is amended as follows.
In section 21 (provision of accommodation for children in police protection
or detention or on remand, etc), in subsection (3) omit “, NHS England”.
In section 24 (persons qualifying for advice and assistance), in subsection
(2)(d)(ii) omit “, NHS England”.
In section 24C (information), in subsection (2)—
in paragraph (c) omit “or NHS England”;
“(ca)
by a person in pursuance of arrangements made by
the Secretary of State in the exercise of functions in relation to the health service continued under section 1 of the National Health Service Act 2006;”.
In section 27 (co-operation between authorities), in subsection (3) omit
paragraph (ca).
In section 29 (recoupment of cost of providing services etc), in subsection
(8)(c) omit “, NHS England”.
In section 47 (local authority’s duty to investigate), in subsection (11) omit
paragraph (ca).
In section 80 (inspection of children’s homes etc. by persons authorised by
the Appropriate National Authority), in subsections (1)(d) and (5)(ea) omit
“, NHS England”.
In section 85 (children accommodated by health authorities and local
education authorities), in subsection (2ZA) omit “, NHS England” in both
places.
In section 105 (interpretation), in subsection (7B), for “NHS England”
substitute “the Secretary of State”.
In Schedule 10 to the Local Government and Housing Act 1989 (security
of tenure on ending of long residential leases), in paragraph 5(4A)(c) omit
sub-paragraphs (i), (vii), (viii) and (ix).
In section 11 of the Access to Health Records Act 1990 (interpretation), in
the definition of “health service body”—
in paragraph (d) omit “section 25 of”;
omit paragraph (f).
In section 4 of the London Local Authorities Act 1991 (interpretation of
Part 2), in the definition of “establishment for special treatment”, in
paragraph (d), for “ by the Secretary of State, by any person in pursuance
of arrangements made by NHS England” substitute “in pursuance of
arrangements made by the Secretary of State”.
In Article 8 of the Health and Personal Social Services (Northern Ireland)
Order 1991 (health and social care contracts), in paragraph (2) omit
sub-paragraph (ga).
In section 2 of the Health Service Commissioners Act 1993 (the bodies
subject to investigation), in subsection (1) omit paragraph (dc).
In section 41 of the Value Added Tax Act 1994 (application to the Crown),
in subsection (7)—
“(b)
a National Health Service trust established under the
National Health Service Act 2006 or the National Health Service (Wales) Act 2006;”;
omit paragraphs (d) and (h);
in paragraph (k) omit “(also established under that Act)”.
The Employment Rights Act 1996 is amended as follows.
In section 49B (regulations prohibiting discrimination because of protected
disclosure), in subsection (7) omit paragraph (a).
In section 50 (right to time off for public duties), in subsection (8)—
omit paragraph (za);
in paragraph (a) omit “section 25 of”.
In section 218 (change of employer), in subsection (10) omit paragraph (za).
In section 3 of the Housing Grants, Construction and Regeneration Act
1996 (ineligible applicants), in subsection (2)(f) omit “NHS England,”.
In section 115 of the Crime and Disorder Act 1998 (disclosure of
information), in subsection (2) omit paragraph (fa).
In section 309E of the Greater London Authority Act 1999 (the Mayor's
health inequalities strategy), in subsection (5)—
omit paragraph (gb);
in paragraph (h) omit “section 25 of”.
In section 61 of the Health Act 1999 (English and Scottish border provisions),
in subsection (2) omit “, NHS England”.
In Schedule A1 to the Immigration and Asylum Act 1999 (persons to whom
section 20A applies), in paragraph 19 omit “section 25 of”.
In Schedule 1 to the Freedom of Information Act 2000 (public authorities)—
omit paragraph 37A;
in paragraph 40 omit “section 25 of”.
In section 9FF of the Local Government Act 2000 (reports and
recommendations of overview and scrutiny committees: duties of certain
partner authorities), in subsection (6) omit paragraph (zb).
In section 8 of the Adoption and Children Act 2002 (adoption support
agencies), in subsection (2) omit paragraph (ca).
Section 168 of the Enterprise Act 2002 (regulated markets) is amended as
follows.
In subsection (4)(r), for “NHS England under sections 62 and 66 of that
Act” substitute “the Secretary of State under sections 1 to 1E and
12E
of
the National Health Service Act 2006”.
In subsection (5) omit paragraph (ia).
In Schedule 1 to the International Development Act 2002 (statutory bodies
to which section 9 applies) omit the entry relating to NHS England.
In section 133 of the Nationality, Immigration and Asylum Act 2002 (medical
inspectors), in subsection (4)(a)—
omit sub-paragraph (ia);
in sub-paragraph (ii) omit “section 25 of”.
In section 325 of the Criminal Justice Act 2003 (arrangements for assessing
etc risks posed by certain offenders), in subsection (6)—
in paragraph (b), after “in relation to” insert “health,”;
omit paragraph (ba).
The Finance Act 2003 is amended as follows.
In section 61 (compliance with planning obligations), in the table in
subsection (3), in the entry for a National Health Service Trust omit “section
25 of”.
In section 66 (transfers involving public bodies), in subsection (4)—
omit the entry relating to a Primary Care Trust;
in the entry relating to a National Health Service Trust omit “section
25 of”.
In section 67A (acquisitions by certain health service bodies), in subsection
(1)—
omit paragraph (a);
in paragraph (ba) omit “section 25 of”.
The Health and Social Care (Community Health and Standards) Act 2003
is amended as follows.
In section 113 (complaints about health care), in subsection (1), before the exercise of any functions of the Secretary of State in
paragraph (a) insert—
“(za)
arranging for the provision of services as part of the health
service continued under section 1 of the National Health
Service Act 2006;”.
In section 148 (interpretation of Part 2), in the definition of “English NHS
body” omit paragraph (ca).
In section 160 (provision of information), in subsection (4)—
in paragraph (a)(i) of the definition of “ambulance trust” omit
“section 25 of”;
in paragraph (a)(i) of the definition of “responsible body” omit
“section 25 of”.
In section 162 (payment of NHS charges to hospitals or ambulance trusts),
in subsection (6), in paragraph (a)(i) of the definition of “relevant ambulance
trust” omit “section 25 of”.
In section 165 (power to apply Part 3 to treatment at non-health service
hospitals), in subsection (3)(b)—
“(ia)
the Secretary of State in the exercise of
functions in relation to the health service continued under section 1 of the National Health Service Act 2006,”;
in sub-paragraph (ii) omit “section 25 of”.
In section 16 of the Licensing Act 2003 (applicant for premises licence), in
subsection (3), in paragraph (a) of the definition of “health service body”
omit “section 25 of”.
The Children Act 2004 is amended as follows.
In section 10 (co-operation to improve well-being), in subsection (4) omit
paragraph (da).
In section 11 (arrangements to safeguard and promote welfare), in subsection the Secretary of State so far as exercising any functions which
(1), for paragraph (ba) substitute—
“(ba)
relate to the health service in England other than functions
conferred by regulations under section
250E
of the National
Health Service Act 2006 (single patient record);”.
In Schedule 1 to the Civil Contingencies Act 2004 (Category 1 and 2
responders) omit paragraph 4A.
The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
In section 8A (establishment and conduct of reviews) (inserted by the
Victims and Prisoners Act 2024), in subsection (6)—
omit “NHS England;”;
omit “section 25 of”.
In section 9 (establishment and conduct of reviews), in subsection (4)(a)—
omit “NHS England”;
omit “section 25 of”.
In section 59 of the Finance Act 2004 (contractors), in subsection (5), in
paragraph (a) of the definition of “NHS trust” omit “section 25 of”.
In Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty: In paragraph 6(1)(d) “NHS continuing healthcare” has the meaning
authorisation of arrangements enabling care and treatment) (as inserted by
section 1 of the Mental Capacity (Amendment) Act 2019), for paragraph 8,
substitute—
“8
given by section 12(10) of the Care Act 2014.”
The Armed Forces Act 2006 is amended as follows.
In section 343AA (due regard to principles: England), in subsection (3) omit
paragraph (g).
In section 343AZB (inserted by the Armed Forces Act 2026), in subsection
(5)(a) omit sub-paragraph (i).
In section 4 of the Childcare Act 2006 (duty of local authority and relevant
partners to work together), in subsection (1) omit paragraph (za).
Section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing
or hindering certain emergency workers responding to emergency
circumstances) is amended as follows.
“(a)
in relation to England and Wales—
(i)
the Secretary of State in the exercise of any functions
in relation to the health service continued under section 1 of the National Health Service Act 2006,(ii)
a local authority in the exercise of public health
functions,(iii)
an integrated care board,
(iv)
an NHS foundation trust,
(v)
a National Health Service trust,
(vi)
a Special Health Authority, or
(vii)
a Local Health Board;”.
The National Health Service Act 2006 is amended as follows.
Section 1GA (Secretary of State’s duty to report on workforce systems) is
amended as follows.
In subsection (1) omit “in England”.
Omit subsection (2).
Omit the italic heading before section 1H.
Omit section 1H (NHS England and its general functions).
In section 1I (general functions of integrated care boards) omit “in England”.
In section 2 (general power), in subsection (2) omit “NHS England or”.
In section 5 (other services) omit “in England”.
Section 6 (performance of functions outside England) is amended as follows.
In subsection (1), for “or 2B” substitute “, 2B, 3B or 4”.
In subsection (1A)—
omit “or NHS England”;
for “, 3A, 3B or 4” substitute “or 3A”.
In subsection (2) omit “, NHS England”.
In section 6C (regulations as to the exercise by local authorities of certain In this Act— a reference to the public health functions of the Secretary of a reference to the public health functions of local authorities
public health functions), after subsection (6) insert—
“(7)
(a)
State is a reference to the functions of the Secretary of State
under sections 2A and 2B and paragraphs 7C, 8 and 12 of
Schedule 1;
(b)
is a reference to the functions of local authorities under
sections 2B and 111 and paragraphs 1 to 7B and 13 of
Schedule 1.”
In section 7 (functions of Special Health Authorities), in subsections (1) and
(1C) omit “in England”.
Section 7C (power of direction: investigation functions) is amended as
follows.
“(1)
The Secretary of State may direct a public body to exercise any of
the investigation functions specified in the direction.”
In subsection (4), for “NHS England or any other” substitute “a”.
Omit subsection (6).
In subsection (8), for “NHS England or any other” substitute “a”.
“(9)
In this section “the investigation functions” means the functions
which, immediately before 1 July 2022 (the day on which section 36 of the Health and Care Act 2022 came into force), were exercised by the Special Health Authority called the National Health Service Trust Development Authority pursuant to the National Health Service Trust Development Authority (Healthcare Safety Investigation Branch) (Additional Investigatory Functions in respect of Maternity Cases) Directions 2018 given under sections 7 and 8.”
In section 7D (transfer schemes in connection with a direction under section
7C), in subsection (2), for “NHS England or any other” substitute “a”.
In section 9 (NHS contracts), in subsection (4) omit paragraph (za).
In section 11 (arrangements to be treated as NHS contracts), in subsection
(1)—
for “NHS England” substitute “an integrated care board”;
for “arrange” substitute “arranges”.
Omit the italic heading (“Arrangements with other bodies”) before section
12.
Omit sections 12 and 12ZA (arrangements with other bodies).
Section 12ZB (procurement regulations) is amended as follows.
In subsection (1)(a) omit “in England”.
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
Omit subsection (6).
In subsection (7), in the definition of “relevant authority”—
omit paragraph (d);
in paragraph (f), for “section 25” substitute “this Act”;
“(g)
the Secretary of State.”
In section 12ZC (eradicating slavery and human trafficking in supply
chains), in subsections (1), (2)(a) and (c) and (3) omit “in England”.
Section 12A (direct payments for health care) is amended as follows.
In subsection (1) omit “, NHS England”.
“(2)
Subsection (1) applies to—
(a)
anything which a local authority has a duty or power to
provide or arrange under section 2B or Schedule 1;(b)
anything which an integrated care board has a duty or power
to arrange under this Act or any other enactment;(c)
anything which the Secretary of State has a duty or power
to provide or arrange in the exercise of a function that—(i)
relates to the health service, and
(ii)
is conferred by this Act or any other enactment.”
In subsection (4), for “NHS England” substitute “the Secretary of State”.
Section 12B (regulations about direct payments) is amended as follows.
In subsection (2)(d),(g),(h) and (j) omit “, NHS England”.
In subsection (4)—
omit “, NHS England”;
omit “NHS England” in the second place it occurs.
In subsection (5)—
in paragraph (a) omit “NHS England or”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
Omit section 12C (direct payments pilot schemes).
In section 12D (arrangements with other bodies relating to direct payments),
in subsections (1) and (3) omit “NHS England,”.
“Information in relation to safety
12DB Information on safety of services provided by the health service
(1)
The Secretary of State must establish and operate systems for
collecting and analysing information relating to the safety of the services provided by the health service.(2)
The Secretary of State must make information collected by virtue
of subsection (1) , and any other information obtained by analysing it, available to such persons as the Secretary of State considers appropriate.(3)
The Secretary of State must give advice and guidance, to such
persons as the Secretary of State considers appropriate, for the purpose of maintaining and improving the safety of the services provided by the health service.(4)
The Secretary of State must monitor the effectiveness of advice and
guidance given under subsection (3) .(5)
An integrated care board must have regard to any advice or
guidance given to it under subsection (3) .”
Section 12F (expected mental health spending) is amended as follows.
In subsection (1)(a)(i) and (ii)—
for “NHS England” substitute “the Secretary of State”;
after “mental health” insert “services”.
“(3)
In this section “mental health services” means services that are
provided as part of the health service in relation to mental health.”
“Interpretation
12G Interpretation
In this Part—
“
the health service” means the health service in England;“
health services” means services provided as part of the health
service.”
Omit Chapter A1 of Part 2 (NHS England).
In the italic heading before section 14Z25 omit “(including by re-purposing
clinical commissioning groups)”.
Section 14Z25 (duty to establish integrated care boards) is amended as
follows.
“(1)
There are to continue to be integrated care boards established in
accordance with this Chapter.(2)
The Secretary of State may by order establish an integrated care
board for an area within England.”
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
omit “on and after the appointed day”.
In subsection (7)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (8), for “NHS England” substitute “The Secretary of State”.
Omit subsection (9).
Omit section 14Z26 (process for establishing initial integrated care boards).
Omit section 14Z27 (abolition of clinical commissioning groups).
In section 14Z30 (register of interests and management of conflicts of
interests) omit subsection (5).
Section 14Z31 (people for whom integrated care board has responsibility)
is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (5), for “NHS England” substitute “the Secretary of State”.
In section 14Z41 (duty to promote education and training), for the words
from “for the persons mentioned” to the end substitute “to meet the
workforce needs of the health service in England, so as to assist the
Secretary of State in discharging the duty under section 1F.”
Section 14Z43 (duty to have regard to wider effects of decisions) is amended
as follows.
Omit subsection (3).
In subsection (4)—
omit paragraph (a);
in paragraph (c), for “section 25” substitute “this Act”.
In section 14Z44 (duties as to climate change etc) omit subsection (2).
In the italic heading before section 14Z50, for “NHS England’s” substitute
“Secretary of State’s”.
Section 14Z50 (responsibility for payments to providers) is amended as
follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
Omit subsection (6).
Omit subsection (7).
Section 14Z51 (guidance by NHS England) is amended as follows.
In the heading, for “NHS England” substitute “the Secretary of State”.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
Section 14Z58 (integrated care boards: annual reports) is amended as
follows.
In subsection (2) omit paragraph (c) (but not the “and” at the end of it).
In subsection (5), for “NHS England” substitute “The Secretary of State”.
In subsection (6)(a), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In the italic heading before 14Z60, for “NHS England” substitute “the
Secretary of State”.
Section 14Z60 (power of NHS England to obtain information) is amended
as follows.
In the heading, for “NHS England” substitute “the Secretary of State”.
In subsection (1)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
“Intervention powers in respect of reconfiguration of NHS services
14Z60A Power to call in proposal for reconfiguration
(1)
The Secretary of State may give an integrated care board a direction
calling in any proposal by the board for the reconfiguration of NHS services.(2)
Where a direction is given under subsection (1) , the Secretary of
State—(a)
may, within the period of six months beginning with the
date of the direction, take any decision in relation to the proposal that could have been taken by the integrated care board, and(b)
must notify the board once the Secretary of State has finished
considering the proposal.(3)
(a)
power to decide whether a proposal should, or should not,
proceed, or should proceed in a modified form;(b)
power to decide particular results to be achieved by the
integrated care board in taking decisions in relation to the proposal;(c)
power to decide procedural or other steps that should, or
should not, be taken in relation to the proposal;(d)
power to retake any decision previously taken by the
integrated care board.(4)
The Secretary of State must, before acting under subsection (2) (a) , give each of the following an opportunity to make representations to the Secretary of State in relation to the proposal—
(a)
the integrated care board,
(b)
each local authority (within the meaning of section 2B) to
whose area the proposed reconfiguration of NHS services relates, and(c)
any other person that the Secretary of State considers
appropriate.(5)
The Secretary of State must—
(a)
(b)
notify the integrated care board of the decision and the
reasons.(6)
The Secretary of State must publish a summary of any
representations made under subsection (4) .(7)
An integrated care board, NHS trust established under this Act or
NHS foundation trust must give the Secretary of State any information or other assistance that the Secretary of State requires it to give for the purposes of carrying out any functions under this section.(8)
The Secretary of State must publish guidance for integrated care
boards, NHS trusts and NHS foundation trusts about—(a)
the exercise of their functions under this section, and
(b)
how the Secretary of State proposes to exercise the Secretary
of State’s functions under this section.(9)
Integrated care boards, NHS trusts and NHS foundation trusts must
have regard to guidance published under subsection (8) .(10)
In this section “reconfiguration of NHS services” means a change
in the arrangements made by an integrated care board for the provision of NHS services where that change has an impact on—(a)
the manner in which a service is delivered to individuals (at
the point when the service is received by users), or(b)
the range of health services available to individuals.
14Z60B Effect of direction under section 14Z60A on integrated care board
(1)
(2)
Until notified that the Secretary of State has finished considering
the proposal, the integrated care board must not take further steps in relation to a proposal except to such extent (if any) as may be permitted by the direction.(3)
“14Z60C Power to require consideration of proposals for reconfiguration
(1)
The Secretary of State may direct an integrated care board to
consider a reconfiguration of NHS services.(2)
The Secretary of State must publish any direction under this section,
together with an explanation of the reasons for giving it.(3)
In section 25 (NHS trusts), in subsection (4), after “NHS trusts” insert
“established under this Act”.
In section 26 (general duty of NHS trust), after “An NHS trust” insert
“established under this Act”.
Section 26A (NHS trusts: duty to have regard to wider effect of decisions)
is amended as follows.
In subsection (1), for “section 25” substitute “this Act”.
In subsection (3), for “guidance published by NHS England under section
13NB” substitute “any guidance published by the Secretary of State for the
purposes of this section”.
In subsection (4)—
omit paragraph (a);
in paragraph (c), for “section 25” substitute “this Act”.
Section 26B (NHS trusts: duties as to climate change etc) is amended as
follows.
In subsection (1), for “section 25” substitute “this Act”.
In subsection (2), for “guidance published by NHS England under section
13ND” substitute “any guidance published by the Secretary of State for the
purposes of this section”.
In section 27 (financial provisions relating to NHS trusts), after “NHS trusts”
insert “established under this Act”.
Omit sections 27A to 27D (NHS England oversight functions in relation to
NHS trusts).
Section 33 (applications by NHS trusts) is amended as follows.
In subsection (1)—
after “NHS trust” insert “established under this Act”;
for “NHS England” substitute “the Secretary of State”.
In subsections (2) and (3), for “NHS England” substitute “the Secretary of
State”.
Section 35 (authorisation of NHS foundation trusts) is amended as follows.
“(1)
The Secretary of State may give an authorisation under this section
to an NHS trust if—(a)
the NHS trust has applied under section 33, and
(b)
the Secretary of State is satisfied as to the matters set out in
subsection (2).”
In subsection (2)(f), for “NHS England” substitute “the Secretary of State”.
In subsection (3), for “NHS England” substitute “the Secretary of State”.
In section 42A (criteria for making loans etc), in subsection (7) omit
paragraph (b) (but not the “and” at the end).
In section 48 (information), in subsection (1A), for “any of its partner NHS
foundation trusts” substitute “an NHS foundation trust”.
Section 56 (mergers) is amended as follows.
In subsection (1)—
in paragraph (b), for “section 25” substitute “this Act”;
in the words after paragraph (b), for “NHS England” substitute “the
Secretary of State”.
“(4)
The Secretary of State must grant the application if satisfied that
such steps as are necessary to prepare for the dissolution of the trusts and the establishment of the new trust have been taken, and must otherwise refuse the application.”
Section 56A (acquisitions) is amended as follows.
In subsection (1)—
in paragraph (b), for “section 25” substitute “this Act”;
in the words after paragraph (b), for “NHS England” substitute “the
Secretary of State”.
“(4)
The Secretary of State must grant the application if satisfied that
such steps as are necessary to prepare for the acquisition have been taken, and must otherwise refuse the application.”
In subsection (4A)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In section 56AA (acquisitions under section 56A: supplementary), in
subsection (1)(a) omit “by NHS England”.
Section 56B (separations) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
“(4)
The Secretary of State must grant the application if satisfied that
such steps as are necessary to prepare for the dissolution of the trust and the establishment of each of the proposed new trusts have been taken, and must otherwise refuse the application.”
Section 57 (sections 56 to 56B: supplementary) is amended as follows.
In subsections (1) and (2), for “NHS England”, in each place it occurs,
substitute “the Secretary of State”.
In subsections (3)(a) and (4), for “section 25” substitute “this Act”.
In subsection (5) omit “or NHS England”.
Section 57A (dissolution) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
for “NHS England” substitute “The Secretary of State”;
omit “it is”.
In subsection (4)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (b), for “section 25” substitute “this Act”.
Section 63A (NHS foundation trusts: duty to have regard to wider effects
of decisions) is amended as follows.
In subsection (3), for “guidance published by NHS England under section
13NB” substitute “any guidance published by the Secretary of State for the
purposes of this section”.
In subsection (4)—
omit paragraph (a);
in paragraph (c), for “section 25” substitute “this Act”.
In section 63B (NHS foundation trusts’ duties as to climate change etc), in
subsection (2), for “guidance published by NHS England under section
13ND” substitute “any guidance published by the Secretary of State for the
purposes of this section”.
Omit section 64 (orders and regulations under Chapter 5 of Part 2).
In section 65 (interpretation of Chapter 5 of Part 2), in subsection (1)—
in the definition of “authorisation” omit “or 56”;
omit the definition of “health service body”.
In section 65Z5 (joint working and delegation arrangements), in subsection
(2)(c), for “section 25” substitute “this Act”.
“(1)
This section applies to—
(a)
NHS trusts established under this Act, and
(b)
Special Health Authorities.”
In section 67 (effect of intervention orders), in subsection (1)(a) and (b) omit
“or Local Health Board”.
“(1)
This section applies to—
(a)
NHS trusts established under this Act, and
(b)
Special Health Authorities.”
Omit the italic heading before section 68A.
Omit section 68A (reconfiguration of NHS services).
Section 69A (transfer schemes: NHS trusts and NHS foundation trusts) is
amended as follows.
In subsection (1)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (3)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (8), in paragraph (a) of the definition of “relevant NHS body”,
for “section 25” substitute “this Act”.
In section 70 (transfer of residual liabilities of certain health service bodies),
in subsection (1), after “NHS trust” insert “established under this Act”.
Section 71 (schemes for meeting losses and liabilities etc of certain health
service bodies) is amended as follows.
In subsection (2)—
omit paragraph (za);
in paragraph (c), after “NHS trusts” insert “established under this
Act”;
in paragraph (i), for “(za)”, in both places it occurs, substitute “(zb)”.
In subsection (2A)(b), for “(za)” substitute “(zb)”.
In subsection (3)(a) omit “or NHS England”.
In subsection (6) for “NHS England or a” substitute “then an”.
In section 72A (exemption from Part 3 of the Enterprise Act 2002), in
subsection (3)(a), for “section 25” substitute “this Act”.
Section 74 (supply of goods and services by local authorities) is amended
as follows.
In subsection (1)(a) omit “NHS England and”.
In subsection (4), at the beginning insert “In this section”.
In section 76 (power of local authorities to make payments), in subsection
(1)—
for “NHS England” substitute “the Secretary of State”;
for “body in connection with the performance by it” substitute
“recipient in connection with the performance by the recipient”.
In section 77 (Care Trusts), in subsection (1)(a), after “NHS trust” insert
“established under this Act”.
In section 78 (directed partnership agreements), in subsection (3)(c), for
“section 25” substitute “this Act”.
Section 80 (supply of goods and services by the Secretary of State, NHS
England and integrated care boards) is amended as follows.
In the heading omit “, NHS England”.
In subsection (1) omit “, NHS England”.
In subsection (3), after paragraph (a) (but before the “and” at the end) any facilities the provision of which is arranged by the
insert—
“(aa)
Secretary of State in pursuance of functions under this Act,”.
In subsection (3A)—
in the words before paragraph (a) omit “NHS England or”;
in paragraphs (a), (b) and (c) omit “NHS England or (as the case
may be)”.
In subsection (4) omit “NHS England or”.
Omit subsection (5).
“(aa)
any services (other than the services of any person) or other
facilities the provision of which is arranged by the Secretary of State in pursuance of functions under this Act,”.
In subsection (6A)—
in the words before paragraph (a) omit “NHS England and”;
in paragraphs (a), (b) and (c) omit “NHS England or (as the case
may be)”.
In subsection (7), for “NHS England” substitute “An integrated care board”.
In subsection (9)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
In section 183 (payment of travelling expenses)—
in paragraph (a) omit “, NHS England”;
in paragraph (b), for “NHS England,” substitute “the Secretary of
State”;
in paragraph (c), for “NHS England,” substitute “the Secretary of
State”.
In section 185 (charges for more expensive supplies), in subsection (2) omit
“NHS England,”.
In section 186 (charges for repairs and replacements in certain cases), in
subsection (2) omit “NHS England,”.
In section 187 (charges for designated services or facilities), for the words
from “section” to “(whether” substitute “section 3(1)(g), (h) or (i) (whether”.
In section 188 (sums otherwise payable to those providing services), in
subsection (2), for “NHS England” substitute “the Secretary of State”.
In section 196 (persons and bodies about which provision is made by this
Part), in subsection (3) omit paragraph (za).
In section 201 (disclosure of information), in subsection (3)(a) omit “NHS
England,”.
Section 222 (power to raise money) is amended as follows.
In subsection (3), for “the appropriate authority” substitute “the Secretary
of State”.
Omit subsection (3A).
In section 223 (public-private partnerships), in subsections (1), (2) and (5)
omit “or NHS England”.
In section 223A (application of section 223 to integrated care boards), in
subsection (1), for “NHS England” substitute “the Secretary of State”.
In section 236 (payments for certain medical examinations), in subsection
(2)(b)(ii) omit “NHS England or”.
In section 242 (public involvement and consultation), for subsection (6)
substitute—
“(6)
Section 244 (review and scrutiny by local authorities) is amended as follows.
Omit subsections (2ZA) to (2ZC).
In subsection (3), for “subsections (2) and (2ZA)” substitute “subsection
(2)”.
In section 245 (joint overview and scrutiny committees etc), in subsection
(1) omit “to (2ZC)”.
In section 246 (business relating to functions of local authorities by virtue
of section 244: exempt information), in subsection (1) omit “to (2ZC)”.
In section 247 (application to City of London), in subsections (1) and (4)
omit “to (2ZC)”.
In section 247C (Secretary of State’s duty to keep health service functions
under review), in subsection (2) omit paragraph (a).
“252ZA Code of practice on confidential patient information
(1)
The Secretary of State must issue a code of practice relating to the
processing of confidential patient information in connection with the provision of health services or of adult social care in England.(2)
The Secretary of State must keep the code under review and may
from time to time—(a)
revise the whole or any part of the code, and
(b)
issue a revised code.
(3)
Before issuing or revising a code the Secretary of State must consult
such persons as the Secretary of State considers appropriate.(4)
The Secretary of State must publish any code issued under this
section.(5)
A health or social care body must have regard to a code under this
section in exercising functions in connection with the provision of health services or of adult social care in England.(6)
A person, other than a public body, who provides health services,
or adult social care in England, pursuant to arrangements made with a health or social care body must, in providing those services or that care, have regard to the code.(7)
In this section—
“
adult social care”—(a)
includes all forms of personal care and other practical
assistance provided for individuals who are in need of such care or other assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, but(b)
does not include anything provided by an
establishment or agency for which His Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;“
confidential patient information” has the same meaning as in
section 251 (see subsections (10) and (11) of that section);“
health or social care body” means a public body which
exercises functions in connection with the provision of health services or of adult social care in England;“
health services” means services which must or may be
provided as part of the health service in England;“
public body” means a body or other person whose functions—(a)
are of a public nature, or
(b)
include functions of that nature,
but in the latter case, the body or person is a public body to the extent only of those functions.”
In the italic heading before section 252A omit “, NHS England”.
Section 252A (role of NHS England and integrated care boards in respect
of emergencies) is amended as follows.
In the heading, for “NHS England” substitute “the Secretary of State”.
“(A1)
The Secretary of State must take appropriate steps for securing that
the Secretary of State is properly prepared to exercise the functions of the Secretary of State in relation to the health service in England in the event of an emergency.”
In subsection (1) omit “NHS England and”.
In subsection (2)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (3), for “NHS England” substitute “the Secretary of State”.
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (5), for “NHS England” substitute “the Secretary of State”.
In subsection (6)—
for “NHS England” substitute “The Secretary of State”;
for “it”, in the first place it occurs, substitute “the Secretary of State”.
In subsection (7)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
Omit subsection (8).
In subsection (9)(c)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”;
for “its” substitute “the Secretary of State”.
In subsection (10), in paragraph (a) of the definition of “relevant emergency”
omit “NHS England or”, in both places.
In section 253 (emergency powers) omit subsections (2B) and (2C).
Omit section 254A (support functions of Secretary of State) and the italic
heading before it.
Section 256 (power of NHS England or an integrated care board to make
payments towards expenditure on community services) is amended as
follows.
In the heading for “NHS England” substitute “Secretary of State”.
Omit subsection (1).
In subsection (2), for the words before paragraph (za) substitute “The
Secretary of State or an integrated care board may make payments to any
of the following towards expenditure incurred or to be incurred by them
in connection with the provision of housing accommodation if, in the
opinion of the Secretary of State or (as the case may be) the integrated care
board, making such a payment is in the interests of the health service—”.
In subsection (3)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
“(4)
In subsection (3)—
“
local authority” includes the Council of the Isles of Scilly but
only in respect of its functions under Part 2 of the Housing Act 1985;“
NHS functions” means the functions of an NHS body.”
Omit subsection (5A) and (5B).
In subsection (6)—
after “payments” insert “by integrated care boards”;
omit “or section 257”.
In subsection (8), after “section” insert “by an integrated care board”.
“(8A)
Payments under this section by the Secretary of State may be made
subject to conditions, including, in particular, conditions of the kind described in subsection (7).”
Omit subsection (9).
Section 257 (payments in respect of voluntary organisations under section
256) is amended as follows.
In subsection (2)—
for “NHS England” substitute “the Secretary of State”;
for “256(1)” substitute “256(2)”.
In subsection (3) omit paragraph (a) (together with the “and” at the end).
“(3A)
The Secretary of State may by directions prescribe conditions relating
to—(a)
payments by integrated care boards under subsection (2), or
(b)
payments by local authorities under subsection (3),
including, in particular, conditions of the kind described in section 256(7).”
“(4)
Where conditions have been prescribed as mentioned in subsection (3A) , no payment may be made by an integrated care board under
subsection (2) or by a local authority under subsection (3) except subject to conditions which conform with any prescribed conditions that are relevant to the payment.(5)
Payments under subsection (2) by the Secretary of State may be
made subject to conditions, including, in particular, conditions of the kind described in section 256(7).(6)
In this section “local authority” includes the Council of the Isles of
Scilly.”
Section 258 (university clinical teaching and research) is amended as follows.
In subsection (1) omit “, NHS England” in both places.
In subsection (2)(a) omit “NHS England,”.
Omit subsection (3).
In section 269 (special notices of births and deaths), in subsection (11) omit
paragraph (a).
In section 270 (provision of information by Registrar General), in subsection
(1) omit paragraph (b).
Section 271 (territorial limit of exercise of functions) is amended as follows.
“(ga)
sections 256 and 257 (payments towards expenditure on
community services),”.
Omit subsection (4).
In section 271A (services to be treated as services of the Crown for certain the functions of an integrated care board under section 3 or
purposes), in subsection (2), for paragraph (a) (but not the “or” at the end)
substitute—
“(a)
3A or Schedule 1,”.
Section 272 (orders, regulations, rules and directions) is amended as follows.
In subsection (1) (but not the “and” at the end), for paragraph (a) section 42B,”.
substitute—
“(a)
“(aza)
section 56A(4A),
(azb)
section 57,
(azc)
section 57A,”.
“(zbb)
an order or regulations under Chapter 5 of Part 2 that, by
virtue of subsection (8)(a), amend an Act,”.
Omit subsection (6ZA).
In section 273 (further provision about orders and directions under this
Act) omit subsection (3).
Section 275 (interpretation) is amended as follows.
In subsection (1)—
in the definition of “NHS body” omit paragraph (a);
“education and training functions”;
“regulatory functions”.
In subsection (5)—
in the words before paragraph (a), for “section 3” substitute “this
Act”;
omit paragraph (b);
“(d)
section 253(1A)(d).”
In section 276 (index of defined expressions)—
omit the entry for “partner in relation to an NHS trust or NHS
foundation trust and an integrated care board”;
in the entry for “public health functions of the Secretary of State”
for “section 1H(5)(a)” substitute “section 6C
(7)
”;
in the entry for “public health functions of local authorities”, for
“section 1H(5)(b)” substitute “section 6C
(7)
”.
Omit Schedule A1 (NHS England).
In Schedule 1 (further provision about the Secretary of State and services
under this Act), in paragraph 13(1) and (3) omit “, NHS England” in each
place it occurs.
Schedule 1B (integrated care boards) is amended as follows.
In paragraph 5 omit “NHS England, with the approval of”.
In paragraph 6 omit “NHS England, and any such power must be expressed
to be subject to the approval of”.
In paragraph 7(1), for “NHS England” substitute “the Secretary of State”.
In paragraph 15(2)—
in paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “its” substitute “the Secretary of State’s”;
in paragraph (b), for “NHS England’s” substitute “the Secretary of
State’s”.
In paragraph 19(4)(b)—
omit sub-paragraph (i);
in sub-paragraph (ii), for “section 25” substitute “this Act”.
In paragraph 22—
in sub-paragraphs (3) and (4) for “NHS England may, with the
approval of the Secretary of State,” substitute “The Secretary of State
may”;
in sub-paragraphs (6) and (8), for “NHS England”, in each place it
occurs, substitute “the Secretary of State”;
in sub-paragraph (9)—
for “NHS England”, in the first place it occurs, substitute
“The Secretary of State”;
for “it” substitute “the Secretary of State”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”.
Schedule 4 (NHS trusts established under section 25) is amended as follows.
In the heading for “section 25” substitute “this Act”.
“Application
A1
This Schedule applies in relation to NHS trusts established under
this Act.”
In paragraph 3(1)(a), for “NHS England” substitute “the Secretary of State”.
In paragraph 12—
in sub-paragraph (1), for “NHS England”, in both places it occurs,
substitute “the Secretary of State”;
omit sub-paragraph (1B).
In paragraph 13—
in sub-paragraph (1) omit “or NHS England” in both places;
in sub-paragraph (2), for “any of its partner NHS trusts” substitute
“an NHS trust”.
In paragraph 20(2)—
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” before it.
In paragraph 25(3) omit “and any directions given by NHS England under
section 27B”.
In paragraph 28—
in sub-paragraph (1) omit “or NHS England”;
omit sub-paragraph (1A);
in sub-paragraphs (2)(b) and (3) omit “or NHS England”.
In paragraph 29(1) omit “or NHS England”.
In paragraph 30(1) omit “or NHS England”.
Schedule 5 (financial provision about NHS trusts established under section
25) is amended as follows.
In the heading for “section 25” substitute “this Act”.
“Application
A1
This Schedule applies in relation to NHS trusts established under
this Act.”
In paragraph 2(2), for “NHS England” substitute “The Secretary of State”.
Omit Schedule 10A (intervention powers in relation to the reconfiguration
of NHS services).
The National Health Service (Wales) Act 2006 is amended as follows.
In section 7 (NHS contracts), in subsection (4) omit paragraph (ba).
In section 13 (exercise of Local Health Board functions), in subsection (3)
omit paragraph (aa).
In section 17 (plans for improving health etc), in subsection (6)(g) and (h)
omit “NHS England,”.
In section 26 (intervention orders), in subsection (1) omit “NHS England,”.
In section 28 (default powers), in subsection (1) omit “NHS England,”.
In section 34 (power of local authorities to make payments), in subsection
(1) omit “NHS England,”.
In section 106 (further provision about regulations under section 105 a list corresponding to a list mentioned in any of paragraphs
(supplementary lists)), in subsection (2), for paragraph (f) substitute—
“(f)
(a), (c) or (d) prepared under or by virtue of the National
Health Service Act 2006,”.
Section 115 (national disqualification) is amended as follows.
In subsection (1)—
“(f)
any list corresponding to a list mentioned in any of
paragraphs (a), (c) or (d) prepared under or by virtue of the National Health Service Act 2006,”;
in the words after paragraph (f) omit “prepared by each Local Health
Board and NHS England”.
“(6)
A person responsible for preparing a list—
(a)
must not include a person in the list if that person is
disqualified from inclusion in that list by a national disqualification, and(b)
must remove from the list any person who is disqualified
from inclusion in that list by a national disqualification.”
In section 162 (transfer of functions and property to or from special trustees),
in subsection (1) omit “NHS England,”.
In section 197 (university clinical teaching and research), in subsection (2)(a)
omit “NHS England,”.
In section 206 (interpretation), in subsection (1) omit paragraph (e) of the
definition of “NHS body” (but not the “and” at the end).
In Schedule 5 (Special Health Authorities established under section 22), in
paragraph 13, for “, another Special Health Authority or NHS England”
substitute “or another Special Health Authority”.
In section 1 of the NHS Redress Act 2006 (power to establish redress
scheme), in subsection (3)—
omit paragraph (aa);
in paragraph (d) omit “, (aa)”.
Section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity
providers) is amended as follows.
“(8C)
The Secretary of State or an integrated care board does not make
arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State or board does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).”
Omit subsection (8E).
In section 6 of the Corporate Manslaughter and Corporate Homicide Act
2007 (emergencies), in subsection (7), in the definition of “relevant NHS
body” omit paragraph (za).
The Local Government and Public Involvement in Health Act 2007 is
amended as follows.
In section 104 (application of Chapter 1 of Part 5: partner authorities), in
subsection (2) omit paragraph (jb).
In section 116 (health and social care: joint strategic needs assessments), in
subsection (7)(a)(ii) and (b)(i) omit “or NHS England”.
Omit section 234 (reports on consultation).
In section 42 of the Statistics and Registration Service Act 2007 (information
relating to births and deaths etc), in subsection (4A) omit paragraph (c).
In section 119 of the Criminal Justice and Immigration Act 2008 (offence
of causing nuisance or disturbance on NHS premises), in subsection (4), in
paragraph (a) of the definition of “relevant English NHS body” omit “section
25 of”.
The Health and Social Care Act 2008 is amended as follows.
Section 20A (functions relating to processing of information by registered
persons) is amended as follows.
“(1)
The Commission must monitor the practice followed by registered
persons in relation to the processing of relevant information.”
In subsection (2), for “those functions” substitute “that function”.
“20B Secretary of State guidance in relation to processing of information
(1)
The Secretary of State must issue guidance for registered persons
on the practice to be followed by them in relation to the processing of—(a)
patient information, and
(b)
any other information obtained or generated in the course
of the provision of the health service.(2)
Registered persons who carry on an activity which involves, or is
connected with, the provision of health care must have regard to any guidance published under this section.(3)
The Secretary of State may from time to time revise guidance issued
under this section and issue the revised guidance.(4)
In this section, “patient information”, “processing” and “registered
person” have the same meaning as in section 20A.”
In section 29 (warning notice), in subsection (1A) omit “section 25 of”.
Section 29A (warning notice: quality of health care) is amended as follows.
In subsection (1) omit “section 25 of”.
In subsection (5), in paragraph (b)—
for “require NHS England” substitute “make a recommendation to
the Secretary of State”;
omit “section 65D(2)”.
In section 30 (urgent procedure for cancellation), in subsection (3)(za), for
“NHS England” substitute “the Secretary of State”.
Section 39 (bodies required to be notified of certain matters) is amended
as follows.
In subsection (1)(za), for “NHS England” substitute “the Secretary of State”.
In subsection (3), for “(1)(a)” substitute “(1)(za)”.
In section 46B (reviews and performance assessments: integrated care Before preparing or revising a statement under subsection (7) the
system), for subsection (9) substitute—
“(9)
Commission must consult any persons it considers appropriate.”
In section 54 (studies as to economy, efficiency etc), in subsection (5) omit
“NHS England,”.
Section 59 (additional functions) is amended as follows.
Omit subsection (2).
In subsection (3) omit “NHS England or”.
In section 64 (power to require documents and information etc), in a person providing health care commissioned by an
subsection (2), for paragraph (b) substitute—
“(b)
integrated care board,”.
Section 70 (co-operation between the Commission and NHS England) is
amended as follows.
For the heading substitute “Co-ordination in relation to licensing of NHS
providers”.
Omit subsection (1).
In subsection (2)—
in the words before paragraph (a) omit “In particular”;
omit paragraph (a);
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
In subsection (3)—
omit “Without prejudice to subsection (2)(a)”;
for “the NHS England” substitute “the Secretary of State”.
In section 80 (code of practice on confidential personal information), in the Secretary of State,”.
subsection (3), for paragraph (a) (but not the “and” at the end) substitute—
“(a)
In section 81 (publication of programme of reviews etc.), in subsection (2)—
at the end of paragraph (a) insert “and”;
omit paragraph (aa) (including the “and” at the end).
Section 97 (general interpretation of Part 1) is amended as follows.
In subsection (1)—
in the definition of “English NHS body” omit paragraph (ca);
in paragraph (a) of the definition of “NHS care”, for “NHS England”
substitute “the Secretary of State”.
In subsection (2A)—
for “NHS England”, in both places it occurs, substitute “the Secretary
of State”;
for “it” substitute “the Secretary of State or an integrated care board”.
In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in
the definition of “NHS body” omit paragraph (ca).
In section 18A of the Coroners and Justice Act 2009 (medical examiners:
England), in subsection (4)—
omit paragraph (a);
in paragraph (c) omit “section 25 of”.
The Health Act 2009 is amended as follows.
Section 2 (duty to have regard to NHS Constitution) is amended as follows.
In subsection (2) omit paragraph (ca).
In subsection (4)(za), for “NHS England” substitute “the Secretary of State”.
In section 8 (duty of providers to publish information), in subsection (6),
in the definition of “relevant health services”, for “NHS England” substitute
“the Secretary of State”.
In section 9 (supplementary provision about duty under section 8), in
subsection (3), for “NHS England” substitute “the Secretary of State”.
Omit Chapter 4 of Part 1 (innovation prizes).
In section 36 (disclosure of information by His Majesty's Revenue and
Customs), in subsection (3) omit paragraph (aa).
In section 986 of the Corporation Tax Act 2010 (meaning of “health service
body”), in the table—
in the entry for a National Health Service trust omit “section 25 of”;
omit the entry for a Primary Care Trust;
omit the entry for NHS England.
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to
which public sector equality duty applies), in the group of entries that
includes entries for bodies whose functions relate to health, social care and
social security—
omit the entry for NHS England;
in the entry for NHS trusts established under section 25 of the
National Health Service Act 2006 omit “section 25 of”.
In section 149 of the Charities Act 2011 (audit or examination of English
NHS charity accounts), in subsection (7) omit paragraph (ba).
The Health and Social Care Act 2012 is amended as follows.
Section 83 (NHS provider licensing exemption regulations) is amended as
follows.
In subsection (3)(a), (b) and (c), for “NHS England” substitute “the Secretary
of State”.
In subsection (4) omit paragraph (b) and the “and” at the end of that
paragraph.
In section 84 (exemption regulations: supplementary), in subsection (5)(a)
omit sub-paragraph (ii).
In section 85 (application for licence), in subsections (1) and (2), for “NHS
England” substitute “the Secretary of State”.
“86 Licensing criteria
The Secretary of State must by regulations specify the criteria that must be met by a person in order to be granted a licence under this Chapter.”
Section 87 (grant or refusal of licence) is amended as follows.
“(2)
If the Secretary of State is satisfied that the applicant meets the
criteria for holding a licence for the time being prescribed by regulations under section 86, the Secretary of State must as soon as reasonably practicable grant the application, and must otherwise refuse the application.”
In subsection (3), for “NHS England” substitute “the Secretary of State”.
In section 87A (application and grant: NHS trusts), in subsection (1)—
after “section 25” insert “or 57B ”;
in paragraph (b), for “published” substitute “prescribed by
regulations”.
In section 88 (application and grant: NHS foundation trusts), in subsection
(2)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (b), for “published” substitute “prescribed by
regulations”.
“88A Lapse of licences on conversion of NHS trust or NHS foundation
trust(1)
This section applies where—
(a)
a body that is an NHS trust is converted into an NHS
foundation trust under section 36 of the National Health Service Act 2006, or(b)
a body that is an NHS foundation trust is converted into an
NHS trust under section 57B of that Act.(2)
Any licence under this Chapter that is held by the body lapses.
(3)
Any discretionary requirements imposed on the body under section
105 lapse (but liabilities incurred under Schedule 11 do not).(4)
Any enforcement undertakings given by the body under section
106 lapse.”
In section 89 (revocation of licence)—
in the words before paragraph (a), for “NHS England” substitute
“The Secretary of State”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
Section 90 (right to make representations) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (2)—
in paragraph (a), for “NHS England’s reasons for its” substitute “the
Secretary of State’s reasons for the”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
Section 91 (notice of decisions) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (2)—
for “NHS England” substitute “The Secretary of State”;
for “its” substitute “the”.
In subsection (4), for “NHS England”, in each place it occurs, substitute
“the Secretary of State”.
Section 92 (appeals to tribunal) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
in paragraph (a), for “NHS England’s” substitute “the Secretary of
State’s”;
in paragraph (a), for “NHS England” substitute “the Secretary of
State”.
Section 93 (register of licence holders) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
Omit subsections (3) to (6).
Section 94 (standard conditions) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (4), for “NHS England” substitute “the Secretary of State”.
Section 95 (special conditions) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (2)—
for “NHS England” substitute “the Secretary of State”;
omit paragraph (b).
In subsection (3), for “NHS England” substitute “The Secretary of State”.
In subsection (4)—
in paragraph (a), for “NHS England” substitute “the Secretary of
State”;
in paragraph (b), for “NHS England’s” substitute “the Secretary of
State’s”.
in paragraph (c), for “NHS England” substitute “the Secretary of
State”.
Section 96 (limits on NHS England’s functions to set or modify licence
conditions) is amended as follows.
In the heading omit “NHS England’s”.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (2)—
in the words before paragraph (a), for “NHS England” substitute
“The Secretary of State”;
in paragraphs (e) and (f), for “NHS England” substitute “the
Secretary of State”;
omit paragraph (i).
In subsection (2A)(b)(i) and (ii) and (c), for “bodies” substitute “authorities”.
In subsection (2C)—
for “bodies” substitute “authorities”;
“(a)
the Secretary of State,”;
in paragraph (c), for “section 25” substitute “the National Health
Service Act 2006”.
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
Section 97 (conditions: supplementary) is amended as follows.
In subsection (1)—
in paragraph (a)—
for “NHS England”, in the first and second place it occurs,
substitute “the Secretary of State”;
for “NHS England of its” substitute “the Secretary of State
of”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”;
in paragraph (e)—
for “NHS England”, in both places it occurs, substitute “the
Secretary of State”;
omit “its”;
in paragraphs (f), (h), (i)(ii) and (iii), for “NHS England”, in each
place it occurs, substitute “the Secretary of State”.
In subsection (3), for “NHS England” substitute “The Secretary of State”.
In subsection (4)(a), for the words from “a body” to “section 25 of” substitute
“NHS trust established under”.
In subsection (6), after “NHS foundation trust” insert “or NHS trust”.
Section 98 (conditions relating to the continuation of the provision of
services etc.) is amended as follows.
In subsection (1)—
in paragraph (a), for “NHS England” substitute “the Secretary of
State”;
in paragraph (b), for “NHS England” substitute “a person authorised
by the Secretary of State”;
in paragraph (c), for “NHS England” substitute “the Secretary of
State”.
In subsection (3), for “NHS England” substitute “the Secretary of State”.
In subsection (4), for “NHS England” substitute “The Secretary of State”.
In subsection (5A), for “NHS England” substitute “the Secretary of State”.
“(6)
The Secretary of State may revise the guidance under subsection
(4) and, if it is revised, must publish the guidance as revised.”
Omit subsection (7).
Section 99 (notification of commissioners where continuation of services at
risk) is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (b), for “it is” substitute “the Secretary of State is”.
In subsection (3)—
in the words before paragraph (a)—
for “NHS England”, in the first place it occurs, substitute
“The Secretary of State”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
in paragraph (a) omit “it has”;
in paragraph (b), for “its” substitute “the”.
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
omit “that it has”;
for “NHS England’s” substitute “the Secretary of State’s”.
Section 100 (modification of standard conditions) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (1A)—
in the words before paragraph (a)—
for “NHS England consider” substitute “the Secretary of State
considers”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
in paragraph (b), for “its” substitute “the”.
In subsection (2)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
omit paragraph (b).
In subsection (3), for “NHS England” substitute “The Secretary of State”.
In subsection (4)—
in paragraphs (a) and (ba), for “NHS England” substitute “the
Secretary of State”;
in paragraph (c), for “NHS England’s” substitute “the Secretary of
State’s”;
in paragraph (d), for “NHS England” substitute “the Secretary of
State”.
In subsection (10)—
in the words before paragraph (a), for “NHS England”, in both
places it occurs, substitute “the Secretary of State”;
in paragraph (a), for “it” substitute “the Secretary of State”.
Section 102 (modification of conditions by order under other enactments)
is amended as follows.
In subsection (4)(c)(i), for “NHS England” substitute “the Secretary of State”.
In subsection (6)(a) omit “, after consultation with NHS England,”.
In section 103 (standard condition as to transparency of certain criteria), in
subsection (3)(a), for “NHS England” substitute “the Secretary of State”.
Section 104 (power to require documents and information) is amended as
follows.
“(1)
The Secretary of State may require a person mentioned in subsection
(2) to provide any information, documents, records or other items that the Secretary of State considers it necessary or expedient to have for the purposes of any relevant regulatory functions.”
“(4)
In this section “relevant regulatory functions” means—
(a)
the Secretary of State’s functions under the provisions listed
in subsection (5) , and(b)
any other functions of the Secretary of State so far as
exercisable in connection with those functions.(5)
Those provisions are—
(a)
in Part 2 of the National Health Service Act 2006—
(i)
Chapter 5 (NHS foundation trusts);
(ii)
Chapter 5A (trust special administrators);
(b)
the following provisions of this Part—
(i)
this Chapter (licensing);
(ii)
Chapter 4 (NHS payment scheme);
(iii)
Chapter 5 (health special administration);
(iv)
Chapter 6 (financial assistance in special
administration cases).”
Section 105 (discretionary requirements) is amended as follows.
In subsection (1)—
in the words before paragraph (a)—
for “NHS England”, in the first place it occurs, substitute
“The Secretary of State”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
in paragraph (c), for “NHS England” substitute “the Secretary of
State”.
In subsection (2)(a), (b) and (c), for “NHS England”, in each place it occurs,
substitute “the Secretary of State”.
In subsection (3), for “NHS England” substitute “The Secretary of State”.
Section 106 (enforcement undertakings) is amended as follows.
In subsection (1)—
in the words before paragraph (a)—
for “NHS England”, in the first place it occurs, substitute
“The Secretary of State”;
for “NHS England”, in the second place it occurs, substitute
“the Secretary of State”;
in paragraph (c), for “NHS England” substitute “the Secretary of
State”.
In subsection (4)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”;
in paragraph (b), for “NHS England” substitute “the Secretary of
State”.
In subsection (5), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
Section 108 (guidance as to use of enforcement powers) is amended as
follows.
“(1)
The Secretary of State must publish guidance about how the
Secretary of State intends to exercise functions under sections 105 and 106 and Schedule 11.(2)
The Secretary of State may revise the guidance and, if it is revised,
must publish the guidance as revised.(3)
The Secretary of State must consult such persons as the Secretary
of State considers appropriate before publishing the guidance or revised guidance.”
In subsection (4)—
in the words before paragraph (a), for “NHS England’s” substitute
“the Secretary of State’s”;
in paragraphs (a), (b) and (c), for “NHS England” substitute “the
Secretary of State”.
In subsection (5)—
for “NHS England” substitute “The Secretary of State”;
omit “its”.
Omit section 109 (publication of enforcement action).
Omit section 110 (notification of enforcement action).
Section 114A (NHS payment scheme) is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “NHS England” substitute
“The Secretary of State”;
“(aa)
for the provision of services in pursuance of
arrangements made by the Secretary of State in the exercise of the Secretary of State’s public health functions, within the meaning of the National Health Service Act 2006;”;
in paragraph (b) omit “NHS England or”.
In subsections (3)(f) and (5)(c), for “NHS England” substitute “the Secretary
of State”.
In subsection (6)—
for “(1)(a) or (b)” substitute “(1)”;
for “NHS England” substitute “the Secretary of State”.
In section 114B (the NHS payment scheme: enforcement), for “NHS
England” substitute “the Secretary of State”.
Section 114C (the NHS payment scheme: impact assessment and
consultation) is amended as follows.
In subsection (1)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (b), for “its” substitute “the Secretary of State’s”.
In subsection (2), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In subsections (3) and (5), for “NHS England” substitute “The Secretary of
State”.
In subsection (6)—
in paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “its” substitute “the Secretary of State’s”;
in paragraph (b), for “NHS England’s” substitute “the Secretary of
State’s”;
in the words after paragraph (b), for “NHS England” substitute “the
Secretary of State”.
“(ii)
services in pursuance of arrangements of the kind
mentioned in section 114A(1) (aa) or (b).”
Section 114D (objections to proposed NHS payment scheme) is amended
as follows.
In subsection (1)(a), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
In subsection (4)—
in paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “its” substitute “the Secretary of State’s”;
in paragraph (b), for “NHS England’s” substitute “the Secretary of
State’s”;
in the words after paragraph (b), for “NHS England” substitute “the
Secretary of State”.
In subsection (5), in the words before paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
Section 114E (amendments of the NHS payment scheme) is amended as
follows.
In subsection (1)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (4), for “NHS England”, in both places it occurs, substitute
“the Secretary of State”.
In subsections (5) and (7), for “NHS England” substitute “The Secretary of
State”.
In section 128 (health special administration orders), in subsection (2), for
“NHS England” substitute “the Secretary of State”.
Section 130 (health special administration regulations) is amended as follows.
In subsection (5), for “NHS England” substitute “the Secretary of State”.
In subsection (6)—
in paragraph (a), for “NHS England” substitute “the Secretary of
State”;
in paragraph (b)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”;
omit paragraph (c);
in paragraphs (d), (e) and (f), for “NHS England” substitute “the
Secretary of State”.
In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for “NHS
England” substitute “the Secretary of State”.
In section 132 (indemnities), for “NHS England” substitute “the Secretary
of State”.
Section 134 (duty to establish mechanisms for providing financial assistance)
is amended as follows.
In subsection (1), in the words before paragraph (a), for “NHS England”
substitute “The Secretary of State”.
In subsection (2)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
in paragraph (a), for “NHS England” substitute “the Secretary of
State”.
“(3)
The Secretary of State may secure that a mechanism established
under this section operates so as to enable the recovery of the costs incurred by the Secretary of State in establishing and operating the mechanism.”
In subsection (4), for “NHS England” substitute “The Secretary of State”.
Omit subsections (5) and (6).
Section 135 (power to establish fund) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
for “NHS England” substitute “The Secretary of State”;
for “it establishes” substitute “established”.
In subsections (5) and (6)—
for “NHS England” substitute “The Secretary of State”;
omit “it is”.
In subsection (7), for “NHS England” substitute “The Secretary of State”.
In subsection (8)—
for “NHS England” substitute “The Secretary of State”;
for “ it establishes” substitute “established”.
Section 136 (applications) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (2), for “NHS England” substitute “the Secretary of State”.
In subsections (3) and (6)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (7)—
for “NHS England” substitute “The Secretary of State”;
omit “; but no individual” to the end.
In subsection (8), for “NHS England” substitute “the Secretary of State”.
“(9)
The Secretary of State must notify the applicant of the decision on
the reconsideration of the application and—(a)
if the decision is to grant the application, must notify the
applicant of the matters specified in subsection (3), and(b)
if the decision is to refuse the application, must notify the
applicant of the reasons for the refusal.”
Section 137 (grants and loans) is amended as follows.
In subsection (1), in the words before paragraph (a)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
“(3)
Subject to that, a grant or loan under section 136 may be given in
such manner and on such terms as the Secretary of State may determine.”
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (5), for “NHS England” substitute “the Secretary of State”.
Omit the italic heading (“Charges on commissioners”) before section 138.
Omit section 138 (power to impose charges on commissioners).
Section 139 (imposition of levy) is amended as follows.
“(1A)
Levies under this section must be set at a level that the Secretary
of State estimates will raise an amount not exceeding the cap.(1B)
“The cap” is an amount specified by the Secretary of State in
regulations.”
In subsection (2)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
omit paragraph (b) (but not the “and” at the end).
In subsection (3), in the words before paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
Omit section 140 (power of Secretary of State to set limit on levy and
charges).
Section 141 (consultation) is amended as follows.
In subsection (1), for “NHS England” substitute “the Secretary of State”.
In subsection (3)—
in the words before paragraph (a), for “NHS England” substitute
“the Secretary of State”;
omit paragraph (a).
In subsection (4)—
for “NHS England” substitute “The Secretary of State”;
for “that it sends” substitute “sent”.
In subsection (5)—
in paragraph (a), for “NHS England” substitute “the Secretary of
State”;
in paragraph (b) for “it” substitute “the Secretary of State”;
in paragraph (c) for “it”, in the first place it occurs, substitute “the
Secretary of State”.
In subsections (6) and (8), for “NHS England” substitute “the Secretary of
State”.
Section 143 (amount payable) is amended as follows.
In subsection (1), for “NHS England” substitute “The Secretary of State”.
In subsection (4)—
in the words before paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it”, in the first place it occurs, substitute “the Secretary
of State”;
in paragraph (b)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (5)—
for “NHS England”, in the first place it occurs, substitute “The
Secretary of State”;
for “NHS England”, in the second place it occurs, substitute “the
Secretary of State”.
In subsection (6)—
for “NHS England” substitute “the Secretary of State”;
for “it ” substitute “the Secretary of State”.
In subsection (8)—
in the words before paragraph (a), for “NHS England”, in each place
it occurs, substitute “the Secretary of State”;
in paragraph (b), for “its” substitute “the Secretary of State’s”.
Section 144 (investment principles and reviews) is amended as follows.
In subsection (1)—
for “NHS England” substitute “The Secretary of State”;
for “its”, in both places it occurs, substitute “the Secretary of State’s”.
In subsection (2)—
in the words before paragraph (a), for “NHS England” substitute
“The Secretary of State”;
in paragraph (b), for “it considers” substitute “the Secretary of State
considers it”;
in paragraph (c), for “it” substitute “the Secretary of State”.
In subsection (3), in the words before paragraph (a), for “NHS England”
substitute “the Secretary of State”.
In subsection (4)(b), for “NHS England” substitute “the Secretary of State”.
In subsection (6), in the words before paragraph (a)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
Omit sections 145 and 146 (borrowing and shortfall or excess of available
funds, etc).
Omit section 197 (participation of NHS England in Health and Wellbeing
Boards).
Section 234 (quality standards) is amended as follows.
In subsection (1), for “relevant commissioner” substitute “Secretary of State”.
In subsection (5)(a) and (b), for “relevant commissioner” substitute “Secretary
of State”.
In subsection (6), for “relevant commissioner”, in each place it occurs,
substitute “Secretary of State”.
Omit subsections (8) to (10).
In subsection (11), in the definition of “NHS services”—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “them”.
Section 236 (advice or guidance to the Secretary of State or NHS England)
is amended as follows.
In the heading omit “or NHS England”.
In subsection (1) omit—
“or NHS England”;
“or (as the case may be) NHS England”.
“(2)
“Quality matter” means any matter in relation to which the Secretary
of State has the power to direct NICE to prepare a quality standard.”
Section 237 (advice, guidance, information and recommendations) is
amended as follows.
Omit subsection (2).
In subsection (3), for “subsection (1)(b) or (c)” substitute “subsection (1)”.
In subsection (4) omit “(2)(b) or”.
In subsection (5)(b), for “, the Secretary of State or NHS England” substitute
“or the Secretary of State”.
Section 239 (training) is amended as follows.
Omit subsection (2).
In subsection (3), for “subsection (1)(b) or (c)” substitute “subsection (1)”.
Omit section 241 (commissioning guidance).
Section 249 (consequential and transitional provision) is amended as follows.
In subsection (2)—
at the end of paragraph (a) insert “and”;
omit paragraph (c) and the “and” before it.
Omit subsections (3) to (8).
Section 250 (powers to publish information standards) is amended as
follows.
In subsection (1) omit “or NHS England”.
In subsection (2B) omit paragraph (b).
Omit subsection (4).
Omit subsection (6).
In subsection (6A) omit “other”.
“(6B)
Regulations may confer a power on the Secretary of State to waive
a requirement for a person other than the Secretary of State to comply with an information standard (in whole or in part and generally or for a specific period).”
In subsection (7) omit the definition of “NHS services”.
In section 277E (enforcement of provisions under this Part), in subsection
(1)(b), for “(aa)” substitute “
(b)
”.
Omit section 288 (duty of NHS England to co-operate with Care Quality
Commission).
In section 291 (breaches of duties to co-operate), in subsection (2) omit
paragraphs (a) and (c).
Section 302 (transfer schemes in respect of previously transferred property)
is amended as follows.
In subsection (2) omit paragraph (b).
In subsection (8)(a) omit “or NHS England”.
In section 304 (regulations, orders and directions), in subsection (5)—
omit paragraph (c);
in paragraph (i), for “an order under section 140” substitute
“regulations under section 139
(1B)
”.
Schedule 11 (further provision about NHS England’s enforcement powers)
is amended as follows.
In the heading omit “NHS England’s”.
In paragraph 1(1), (2)(a), (d) and (e) and (4), for “NHS England”, in each
place it occurs, substitute “the Secretary of State”.
In paragraph 2—
in sub-paragraphs (1), (2) and (3)(a), for “NHS England”, in each
place it occurs, substitute “the Secretary of State”;
in sub-paragraph (5), for “NHS England” substitute “The Secretary
of State”.
In paragraph 3(1) and (4)(b) and (c), for “NHS England” substitute “the
Secretary of State”.
In paragraph 4, for “NHS England” substitute “The Secretary of State”.
In paragraph 5—
in sub-paragraphs (1), (2) and (5), for “NHS England”, in each place
it occurs, substitute “the Secretary of State”;
in sub-paragraph (6), for “NHS England” substitute “The Secretary
of State”.
In paragraph 6(1) and (4)(b), for “NHS England” substitute “the Secretary
of State”.
In paragraph 7(1), for “NHS England” substitute “the Secretary of State”.
Omit paragraph 8 and the italic heading before it.
In paragraph 9—
in sub-paragraph (1), for “NHS England” substitute “The Secretary
of State”;
“(2)
The Secretary of State may revise the procedure and, if it
is revised, must publish the procedure as revised.”;
in sub-paragraph (3)—
for “NHS England” substitute “The Secretary of State”;
for “it” substitute “the Secretary of State”.
In paragraph 10—
in sub-paragraph (1), for “NHS England”, in both places it occurs,
substitute “the Secretary of State”;
in sub-paragraph (2), in the words before paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In paragraph 11, for “NHS England” substitute “the Secretary of State”.
In paragraph 12—
in sub-paragraphs (1), (2) and (3), for “NHS England”, in each place
it occurs, substitute “the Secretary of State”;
in sub-paragraph (4)—
for “NHS England” substitute “The Secretary of State”;
for “its” substitute “the”.
In paragraph 13—
in sub-paragraph (1), for “NHS England” substitute “the Secretary
of State”;
in sub-paragraph (3), for “NHS England’s” substitute “the Secretary
of State’s”.
In paragraph 14, for “NHS England”, in each place it occurs, substitute
“the Secretary of State”.
In Schedule 21 (amendments relating to relationships between the health
services) omit paragraphs 8 to 10.
The Care Act 2014 is amended as follows.
Section 6 (co-operating generally) is amended as follows.
Omit subsection (1A).
“(ba)
the Minister of the Crown exercising functions in relation to
the provision of services as part of the health service;”.
In subsection (8) omit paragraph (a).
In section 12 (further provision about assessments), for subsection (10)
“NHS continuing healthcare” has the meaning given by
substitute—
“(10)
regulations.”
Section 22 (exception for provision of health services) is amended as follows.
In subsection (6)(b), for “NHS England” substitute “the Secretary of State”.
In subsection (9)—
for “NHS England”, in the first place it occurs, substitute “the
Secretary of State”;
for the words from “an integrated care board” to the end substitute
“obtaining consent from whichever integrated care board regulations
require is to be read as a reference to obtaining consent from the
Secretary of State”.
In section 52 (supplementary provision about provider failure), for
“NHS continuing healthcare” has the meaning given by section
subsection (10) substitute—
“(10)
12(10).”
In section 74 (discharge of hospital patients with care and support needs)—
in subsection (2), for “NHS England” substitute “the Secretary of
State”;
in subsection (4), in paragraph (a) of the definition of “relevant
trust” omit “section 25 of”.
Omit Chapter 1 of Part 3 (education and training functions of NHS
England).
The repeal of that Chapter does not affect the amendment made by section
97(7) of the Care Act 2014.
Section 111 (co-ordinating and promoting regulatory practice etc.) is
amended as follows.
In subsection (1) omit paragraph (c).
In subsection (7) omit “section 25 of”.
In the heading of Chapter 3 of Part 3, for “Chapters 1 and” substitute
“Chapter”.
In the heading of section 119, for “Chapters 1 and” substitute “Chapter”.
In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and
(c)(ii) omit “or NHS England”.
In Schedule 7 (the Health Research Authority), in paragraph 8(1)—
omit paragraph (b);
“(c)
to the Secretary of State in connection with—
(i)
the exercise by the Secretary of State of
functions conferred in regulations under section 251 of the National Health Service Act 2006 (processing of patient information for medical purposes);(ii)
any publication or other disclosure by the
Secretary of State of relevant information which is in a form which identifies an individual to whom the information relates or enables the identity of such an individual to be ascertained.
(1A)
In sub-paragraph (1)(c) “relevant information” means
information obtained by the Secretary of State in the exercise of a relevant data function within the meaning given by section 253(3) of the Health and Social Care Act 2012.”
The Children and Families Act 2014 is amended as follows.
Section 26 (joint commissioning arrangements) is amended as follows.
In subsection (1), for “commissioning bodies” substitute “commissioners”.
In subsection (8)—
in the words before paragraph (a), for “commissioning bodies”
substitute “commissioners”;
in paragraph (a)—
for “NHS England” substitute “the Secretary of State”;
for “it” substitute “the Secretary of State”.
In subsection (9), for “commissioning body”, in both place it occurs,
substitute “commissioner”.
In section 28 (co-operating generally: local authority functions), in subsection
(2) omit paragraph (k).
In section 31 (co-operating in specific cases: local authority functions), in
subsection (1) omit paragraph (d).
Section 42 (duty to secure special educational provision and health care
provision in accordance with EHC Plan) is amended as follows.
In subsection (3), for “commissioning body” substitute “commissioner”.
In subsection (4)—
for “commissioning body” substitute “commissioner”;
for “body (or each body)” substitute “person (or each person)”.
Section 49 (personal budgets and direct payments) is amended as follows.
In subsection (6)(b), for “commissioning body” substitute “commissioner”.
In subsection (7)—
for “commissioning body” substitute “commissioner”;
for “its” substitute “their”.
In subsection (8)—
for ““Commissioning body”” substitute ““Commissioner””;
for “body that” substitute “person who”.
Section 53 (mediation: health care issues) is amended as follows.
In subsection (2), for “relevant commissioning body” substitute “responsible
commissioner”.
In subsection (3)—
in the words before paragraph (a)—
for “commissioning body” substitute “commissioner”;
for “commissioning bodies” substitute “commissioners”;
in paragraph (a), “it (or them)” substitute “them”.
In subsection (4)(a)(i) and (b), for “commissioning body” substitute
“commissioner”.
(a)
employed by a local authority in England or an integrated
care board, or(b)
employed in the civil service of the state.”
In subsection (6)—
in the words before paragraph (a), for “commissioning body”
substitute “commissioner”;
in paragraphs (a) and (b), for “body that” substitute “person who”.
Section 56 (mediation: supplementary) is amended as follows.
In subsection (1)—
in paragraphs (c) and (g), for “commissioning body” substitute
“commissioner”;
in paragraph (j), for “commissioning body” substitute
“commissioners”.
(a)
employed by a local authority in England or an integrated
care board, or(b)
employed in the civil service of the state.”
In subsection (4), for ““commissioning body” means a body that” substitute
““commissioner” means a person who”.
Section 57 (resolution of disagreements) is amended as follows.
In subsection (3)(a) and (b), for “commissioning body” substitute
“commissioner”.
(a)
employed by a local authority in England or an integrated
care board, or(b)
employed in the civil service of the state.”
In subsection (10), in the definition of “responsible commissioning body”—
for “commissioning body” substitute “commissioner”;
for “body that” substitute “person who”.
In section 73 (EHC plans for certain detained persons: appeals and
mediation), in subsection (9)(a), for “commissioning bodies” substitute
“commissioners”.
In section 77 (code of practice), in subsection (1)—
in the words before paragraph (a), for “of their functions under this
Part to” substitute “by the following of their functions under this
Part”;
“(j)
the Secretary of State;”.
In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements), in paragraph 5—
“(1A)
An agreement—
(a)
under which accommodation is provided to a
person in pursuance of arrangements made by the Secretary of State in the exercise of functions relating to the health service continued under section 1 of the National Health Service Act 2006, and(b)
which is not excluded by another provision of this
Schedule.”;
in sub-paragraph (2)(a) omit sub-paragraph (ii) and the “or” before
it.
In the Welsh language text of section 70 of the Housing (Wales) Act 2014
(priority need for accommodation), in subsection (2), in the definition of
“yn derbyn gofal, yn cael ei letya neu’n cael ei faethu”, for “neu GIG Lloegr”
substitute “neu’r Ysgrifennydd Gwladol wrth arfer swyddogaethau a roddir
gan adrannau 3B neu 4 Deddf y Gwasanaeth Iechyd Gwladol 2006”.
In the English language text of section 70 of the Housing (Wales) Act 2014
(priority need for accommodation), in subsection (2), in paragraph (d)(ii)
of the definition of “looked after, accommodated or fostered”, for “NHS
England” substitute “by or on behalf of the Secretary of State in the exercise
of functions conferred by section 3B or 4 of the National Health Service
Act 2006”.
The Social Services and Well-being (Wales) Act 2014 is amended as follows.
In the Welsh language text of section 47 (exception for provision of health
services), in subsection (10)—
in the definition of “corff iechyd Seisnig” omit paragraph (b);
in the definition of “corff iechyd” omit paragraph (c).
In the English language text of section 47 (exception for provision of health
services), in subsection (10)—
in the definition of “English health body” omit paragraph (b);
in the definition of “health body” omit paragraph (c).
In the Welsh language text of section 77 (accommodation for children in
police protection or detention or on remand etc), in subsection (4)(b)(ii)
omit “, GIG Lloegr”.
In the English language text of section 77 (accommodation for children in
police protection or detention or on remand etc), in subsection (4)(b)(ii)
omit “, NHS England”.
In the Welsh language text of section 104 (young people entitled to support
under sections 105 to 115), in subsection (3)(d)(ii) omit “neu GIG Lloegr”.
In the English language text of section 104 (young people entitled to support
under sections 105 to 115), in subsection (3)(d)(ii) omit “or NHS England”.
In the Welsh language text of section 118 (information), in subsection (2)(c)
omit “neu GIG Lloegr”.
In the English language text of section 118 (information), in subsection
(2)(c) omit “or NHS England”.
In the Welsh language text of section 164A (duty of other persons to
co-operate and provide information), in subsection (4)—
omit paragraph (c);
omit “adran 25 o”.
In the English language text of section 164A (duty of other persons to
co-operate and provide information), in subsection (4)—
omit paragraph (c);
in paragraph (d) omit “section 25 of”.
In the Welsh language text of section 193 (recovery of costs between local
authorities), in subsection (4)(c) omit “GIG Lloegr”.
In the English language text of section 193 (recovery of costs between local
authorities), in subsection (4)(c) omit “, NHS England”.
In the Welsh language text of section 197 (general interpretation and index
of defined expressions), in subsection (1) omit the definition of “GIG Lloegr”.
In the English language text of section 197 (general interpretation and index
of defined expressions), in subsection (1) omit the definition of “NHS
England”.
The Counter-Terrorism and Security Act 2015 is amended as follows.
In Schedule 6 (specified authorities), in Part 1, in the group of entries for
health and social care bodies, in the entry for an NHS trust established
under section 25 of the National Health Service Act 2006 omit “section 25
of”.
In Schedule 7 (partners of local panels), in Part 1, in the group of entries
for health and social care bodies, in the entry for an NHS trust established
under section 25 of the National Health Service Act 2006 omit “section 25
of”.
In Schedule 3 to the Modern Slavery Act 2015 (public authorities under a
duty to co-operate with the Commissioner), in the group of entries for
health bodies, in the entry for a National Health Service trust omit “section
25 of”.
Section 18 of the Cities and Local Government Devolution Act 2016
(devolving health service functions) is amended as follows.
“(d)
Chapter A3 of Part 2 of the NHSA 2006 (integrated care
boards),”.
In subsection (3) omit paragraph (b) (but not the “and” at the end).
Omit subsection (4).
In subsection (5)—
omit paragraph (b);
“(c)
regulations or directions under the NHSA 2006 so
far as relating to service delivery;”.
Section 2 of the Access to Medical Treatments (Innovation) Act 2016
(database of innovative treatments) is amended as follows.
I n subsection (1) for “Health and Social Care Information Centre (“the
substitute
HSCIC”)”“Secretary of State”
.
In subsection (3)(a) in the words before sub-paragraph (i), for “HSCIC”
substitute “Secretary of State”
.
In subsection (4)(a) and (b) for “HSCIC” substitute “Secretary of State”.
Omit subsection (6).
The Additional Learning Needs and Education Tribunal (Wales) Act 2018
is amended as follows.
In the Welsh language text of section 4 (additional learning needs code),
in subsection (3) omit paragraph (i).
In the English language text of section 4 (additional learning needs code),
in subsection (3) omit paragraph (i).
In the Welsh language text of section 65 (duties to provide information
and other help), in subsection (4) omit paragraph (j).
In the English language text of section 65 (duties to provide information
and other help), in subsection (4) omit paragraph (j).
In the Welsh language text of section 99 (general interpretation), in
subsection (1) omit the definition of “GIG Lloegr”.
In the English language text of section 99 (general interpretation), in
subsection (1) omit the definition of “NHS England”.
The Data Protection Act 2018 is amended as follows.
In section 204 (meaning of “health professional” and “social work
professional”), in subsection (4)—
“
—
(i)
section 2A or 2B of, or paragraph 7C, 8 or 12
of Schedule 1 to, the National Health Service Act 2006, or(ii)
Chapter 2 of Part 9 of the Health and Social
Care Act 2012;”;
in paragraph (c) omit “section 25 of”;
omit paragraph (g).
In Schedule 3 (exemptions etc from the UK GDPR: health, social work,
education and child abuse data), in paragraph 8—
in sub-paragraph (1)(m) omit “section 25 of”;
in sub-paragraph (2)—
in paragraph (a) omit “section 25 of”;
omit paragraph (e).
In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation the Secretary of State;”.
of deaths or serious injuries), for paragraph (c) substitute—
“(c)
In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with
Commissioner), in subsection (7), in the definition of “NHS body in
England”—
in paragraph (a) omit “section 25 of”;
at the end of paragraph (b) insert “or”;
omit paragraph (c) and the “or” at the end of that paragraph.
The Medicines and Medical Devices Act 2021 is amended as follows.
In section 2 (power to make regulations about human medicines), in
subsection (6), after “Part,” insert “apart from section 7A,”.
In section 7A (medicines information systems)—
in subsection (1) for “NHS England” substitute “the Secretary of
State”;
in subsection (2)—
in paragraph (b), for “NHS England for the purposes of its”
substitute “the Secretary of State for the purposes of the
Secretary of State’s”;
“(d)
requiring the Secretary of State to have regard
to specified matters in exercising functions under the regulations.”;
“(b)
information that the Secretary of State considers it
necessary or expedient to have for the purposes of the Secretary of State’s functions under the regulations,”;
in subsection (4)—
in paragraph (a), for “NHS England”, in both places it occurs,
substitute “the Secretary of State”;
in paragraph (b), for “NHS England” substitute “the Secretary
of State”;
“(c)
about any procedural steps that the Secretary
of State must follow in requiring a person to provide information;”;
in paragraph (d), for “NHS England” substitute “the Secretary
of State”;
in subsection (6)(a) and (b), for “NHS England” substitute “the
Secretary of State”;
in subsection (8), for “NHS England”, in both places it occurs,
substitute “the Secretary of State”;
in subsection (9)(a), for “NHS England” substitute “the Secretary of
State”;
in subsection (10), for “NHS England”, in both places it occurs,
substitute “the Secretary of State”;
in subsection (11), for “NHS England” substitute “the Secretary of
State”.
““
appropriate authority” means—(a)
in relation to England and Wales and Scotland, the
Secretary of State, and(b)
in relation to Northern Ireland, the Department of
Health in Northern Ireland and the Secretary of State acting jointly;”.
In section 9 (interpretation of Part 2), for the definition of “appropriate
““ in section 7A, has the meaning given by subsection (13) of otherwise has the meaning given by section 2(6);”.
authority” substitute—
appropriate authority”—
(a)
that section, and
(b)
In section 19 (medical devices information systems)—
in subsection (1), for “NHS England” substitute “the Secretary of
State”;
in subsection (2)—
in paragraph (b), for “NHS England for the purposes of its”
substitute “the Secretary of State for the purposes of the
Secretary of State’s”;
“(d)
requiring the Secretary of State to have regard
to specified matters in exercising functions under the regulations.”;
in subsection (3)—
in paragraph (a), for “NHS England” substitute “the Secretary
of State”;
“(c)
enabling the Secretary of State to require
specified persons or descriptions of person to whom subsection (4) applies to provide, in a manner, and at a time, determined by the Secretary of State—(i)
information of a specified description;
(ii)
information for specified purposes;
(iii)
any other information that the
Secretary of State considers it necessary or expedient to have for the purposes of the Secretary of State’s functions under the regulations;(d)
about any procedural steps the Secretary of
State must follow in requiring a person to provide information;”;
in paragraph (e), for “NHS England” substitute “the Secretary
of State”;
in subsection (6)(a) and (b), for “NHS England” substitute “the
Secretary of State”.
In section 43 (power to make consequential etc provision) omit subsection
(3).
In section 44 (scope of powers of Northern Ireland departments) omit “,
7A(1)”.
In the Schedule to the Down Syndrome Act 2022 (relevant authorities and
relevant functions), in paragraph 2(1)—
omit paragraph (a);
in paragraph (d) omit “section 25 of”.
The Health and Care Act 2022 is amended as follows.
Omit section 46 (reconfiguration of services: intervention powers).
Omit section 98 (collection of information from private health care
providers).
In section 102 (relevant bodies and Special Health Authorities), in the
definition of “relevant body”—
at the end of paragraph (d) insert “or”;
omit paragraph (f) and the “or” before it.
In section 103 (power to transfer functions between bodies) omit subsection
(3).
In section 106 (transfer schemes in connection with regulations), in
subsection (10)(e) omit “section 25 of”.
Omit Schedule 6 (reconfiguration of services: intervention powers).
Section 138 of the Digital Markets, Competition and Consumers Act 2024
(final undertakings and orders: power to conduct trials) is amended as
follows.
In subsection (6)(a), after “amend a sectoral enactment” insert “other than
the Health and Social Care Act 2012”.
In subsection (7) omit paragraph (b).
In Schedule 9 to the Employment Rights Act 2025 (persons to whom
information may be disclosed under section 135), in the group of entries
relating to health and social care bodies, in the entry relating to a National
Health Service trust omit “section 25 of”.
In Schedule 1 to the Children’s Wellbeing and Schools Act 2026 (relevant
authorities)—
omit paragraph 9;
in paragraph 12, omit “section 25 of”
.
A
bill
to
Make provision about health and social care.
Brought from the Commons on
Ordered to be Printed, .
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