(1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
(2) In subsection (2)—
(a) after “duty of the” insert “clinical commissioning group or”,
(b) omit “Primary Care Trust or” in each place it appears, and
(c) after “such time as the” insert “clinical commissioning group or”.
(3) After subsection (2C) insert—
(2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”.
(2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board.
(2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.
(2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.
(4) In subsection (3)—
(a) after “section “the” insert “clinical commissioning group or”,
(b) omit “Primary Care trust or” in each place it appears, and
(c) after “means the”, in the first place it appears, insert “clinical commissioning group or”.
(5) In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert—
(5) In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)—
(a) in section 223K(8), paragraph (a) of the definition of “relevant services”,
(b) in section 244(3), paragraph (a)(i) of the definition of “relevant health service provider”,
(c) in section 252A(10), the definition of “service arrangements”,
(d) section 253(1A)(d)(ii).
(6) In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after “the National Health Service Act 2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
(7) In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after “section 7A of that Act)” insert “or section 117 of the Mental Health Act 1983 (after-care)”.
(8) In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.
(1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows.
(2) In subsection (1)—
(a) for “Secretary of State may” substitute “Welsh Ministers may (in relation to Wales)”,
(b) for “he thinks fit” substitute “the Welsh Ministers think fit”,
(c) for “their” substitute “those persons'”,
(d) for “him” substitute “the Welsh Ministers”, and
(e) for “they” substitute “those persons”.
(3) In subsection (2)—
(a) omit “the National Health Service Act 2006 and”, and
(b) for “either of those Acts” substitute “that Act”.
(4) In section 146 of that Act (application to Scotland), omit “122,”.
(1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals).
(2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)—
(a) after paragraph (c), insert “or”,
(b) omit the “or” following paragraph (d), and
(c) omit paragraph (e).
(3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit “or under section 123 above”.
(4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999.
(5) This section does not affect—
(a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section,
(b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or
(c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.
(1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)—
(a) for “The Secretary of State” substitute “A local social services authority whose area is in England”, and
(b) at the end insert “for whom the authority is responsible for the purposes of this section”.
(2) In subsection (4) of that section, for “the Secretary of State” substitute “a local social services authority”.
(3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert—
(4A) A local social services authority is responsible for a qualifying patient if—
(a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;
(b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;
(c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;
(d) in the case of a qualifying patient falling within subsection (3)—
(i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or
(ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.
(4B) In subsection (4A)(d) above—
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;
(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;
(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.
(4) In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Mental Health Act 1983, at the appropriate place insert—
Section 130A | Making arrangements to enable independent mental health advocates to be available to help qualifying patients
.
(1) In section 134 of the Mental Health Act 1983 (patients' correspondence), in subsection (1)—
(a) before “the approved clinician” insert “or”, and
(b) omit “or the Secretary of State”.
(2) Subsection (1) of this section does not affect the validity of any requests made to the Secretary of State under section 134(1) of that Act and having effect immediately before the commencement of this section.
45 Notification of hospitals having arrangements for special cases
(1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)—
(a) after “the duty of” insert “every clinical commissioning group and of”,
(b) omit “every Primary Care Trust and of”,
(c) after “the area of the” insert “clinical commissioning group or”,
(d) omit “Primary Care Trust or” in the first place it appears,
(e) after “available to the” insert “clinical commissioning group or”, and
(f) omit “Primary Care Trust or” in the second place it appears.
(2) In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c).
46 Role of the Board and clinical commissioning groups in respect of emergencies
For the cross-heading preceding section 253 of the National Health Service Act 2006 substitute “Emergencies: role of the Secretary of State, the Board and clinical commissioning groups” and after the cross-heading insert—
Role of the Board and clinical commissioning groups in respect of emergencies
252A (1) The Board and each clinical commissioning group must take appropriate steps for securing that it is properly prepared for dealing with a relevant emergency.
(2) The Board must take such steps as it considers appropriate for securing that each clinical commissioning group is properly prepared for dealing with a relevant emergency.
(3) The steps taken by the Board under subsection (2) must include monitoring compliance by each clinical commissioning group with its duty under subsection (1).
(4) The Board must take such steps as it considers appropriate for securing that each relevant service provider is properly prepared for dealing with a relevant emergency.
(5) The steps taken by the Board under subsection (4) must include monitoring compliance by the service provider with any requirements imposed on it by its service arrangements for the purpose of securing that it is properly prepared for dealing with a relevant emergency.
(6) The Board may take such steps as it considers appropriate for facilitating a co-ordinated response to an emergency by the clinical commissioning groups and relevant service providers for which it is a relevant emergency.
(7) The Board may arrange for any body or person to exercise any functions of the Board under subsections (2) to (6).
(8) Where the Board makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that the Board has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004.
(9) A relevant service provider must appoint an individual to be responsible for—
(a) securing that the provider is properly prepared for dealing with a relevant emergency,
(b) securing that the provider complies with any requirements mentioned in subsection (5), and
(c) providing the Board with such information as it may require for the purpose of discharging its functions under this section.
(10) In this section—
“relevant emergency”—
in relation to the Board or a clinical commissioning group, means any emergency which might affect the Board or the group (whether by increasing the need for the services that it may arrange or in any other way);
in relation to a relevant service provider, means any emergency which might affect the provider (whether by increasing the need for the services that it may provide or in any other way);
“relevant service provider” means any body or person providing services in pursuance of service arrangements;
“service arrangements”, in relation to a relevant service provider, means arrangements made by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.
(1) Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows.
(2) In subsection (1) for the words from “it is necessary” to the end of the subsection substitute “it is appropriate to do so”.
(3) After subsection (1) insert—
(1A) A direction under this section may be given to—
(a) an NHS body other than a Local Health Board;
(b) the National Institute for Health and Care Excellence;
(c) the Health and Social Care Information Centre;
(d) any body or person, other than an NHS body, providing services in pursuance of arrangements made—
(i) by the Secretary of State under section 12,
(ii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
(iii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
(iv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A.
(4) For subsection (2) substitute—
(2) In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be exercised—
(a) to give directions to the body about the exercise of any of its functions;
(b) to direct the body to cease to exercise any of its functions for a specified period;
(c) to direct the body to exercise any of its functions concurrently with another body or person for a specified period;
(d) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person).
(2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised—
(a) to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d);
(b) to direct the body or person to cease to provide any of those services for a specified period;
(c) to direct the body or person to provide other services for the purposes of the health service for a specified period.
(5) After subsection (2A) insert—
(2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this section.
(2C) The Secretary of State may give directions to the Board about its exercise of any functions that are the subject of a direction under subsection (2B).
(2D) In this section, “specified” means specified in the direction.
(6) Omit subsection (4) (exclusion of NHS foundation trusts from application of emergency powers).
(7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.
49 Primary care services: directions as to exercise of functions
(1) After section 98 of the National Health Service Act 2006 insert—
Directions
Exercise of functions
98A (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)).
(4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services.
(5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)).
(6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction.
(8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function.
(9) A report under subsection (8) must be made in such form and manner as the Board may specify.
(10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8).
(2) After section 114 of that Act insert—
Directions
Exercise of functions
114A (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary dental services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)).
(3) After section 125 of that Act insert—
Directions
Exercise of functions
125A (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)).
(4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services.
(5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)).
(6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed.
(7) Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction.
(8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates.
(9) A report under subsection (8) must be made in such form and manner as the Board may specify.
(10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8).
(4) After section 168 of that Act insert—
Directions
Exercise of functions
168A (1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part.
(2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations.
(3) The Secretary of State may give directions to the Board about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)).
50 Charges in respect of certain public health functions
(1) After section 186 of the National Health Service Act 2006 insert—
Charges in respect of public health functions
186A (1) The Secretary of State may make charges under this subsection in respect of any step taken under section 2A.
(2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health.
(3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate.
(4) Regulations may provide for the making and recovery of charges in respect of—
(a) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and
(b) the taking of prescribed steps by a local authority under section 2B.
(5) Regulations under subsection (4) may make provision as to the calculation of charges authorised by the regulations, including provision prescribing the amount or the maximum amount that may be charged.
(6) Nothing in this section affects any other power conferred by or under this Act to make charges.
(2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert—
(zd) regulations under section 186A(4),
.
(1) After section 165 of the National Health Service Act 2006 insert—
Pharmaceutical remuneration: further provision
165A (1) The Board must provide the Secretary of State with such information relating to the remuneration paid by the Board to persons providing pharmaceutical services or local pharmaceutical services as the Secretary of State may require.
(2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require.
(3) Schedule 12A makes further provision about pharmaceutical remuneration.
(2) After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this Act.
52 Secretary of State's duty to keep health service functions under review
In Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert—
Duty to keep under review
Secretary of State's duty to keep health service functions under review
247C (1) The Secretary of State must keep under review the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service in England.
(2) The bodies mentioned in this subsection are—
(a) the Board;
(b) Monitor;
(c) the Care Quality Commission and its Healthwatch England committee;
(d) the National Institute for Health and Care Excellence;
(e) the Health and Social Care Information Centre;
(f) Special Health Authorities.
(3) The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service.
After section 247C of the National Health Service Act 2006 insert—
Annual report
Secretary of State's annual report
247D (1) The Secretary of State must publish an annual report on the performance of the health service in England.
(2) The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C.
(3) The Secretary of State must lay any report prepared under this section before Parliament.
55 Amendments related to Part 1 and transitional provision
(1) Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect.
(2) Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect.
(3) Schedule 6 (which makes transitional provision in connection with this Part) has effect.
(1) The Health Protection Agency is abolished.
(2) The Health Protection Agency Act 2004 is repealed.
(3) Subsection (2) does not apply to—
(a) paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and
(b) section 11(1) of that Act so far as it gives effect to that paragraph.
(4) Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect.
(1) The appropriate authority must—
(a) devise standards for the purity and potency of biological substances,
(b) prepare, approve, hold and distribute standard preparations of biological substances,
(c) design appropriate procedures for testing biological substances,
(d) provide or arrange for the provision of laboratory facilities for testing biological substances,
(e) carry out tests on biological substances,
(f) examine records kept in connection with the manufacture and quality control of biological substances,
(g) report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and
(h) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g).
(2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
(3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom).
(4) The appropriate authority must co-operate with the person in the exercise of those functions.
(5) The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section.
(6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
(7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly).
(8) In this section “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means.
(1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not).
(2) The steps that may be taken under subsection (1) include—
(a) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding;
(b) providing technical services (whether in laboratories or otherwise);
(c) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation;
(d) providing training;
(e) providing information and advice;
(f) making available the services of any person or any facilities.
(3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section.
(4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section.
(5) In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must—
(a) consult the body, and
(b) have regard to the body's policies.
(6) Each of the following is a Health and Safety body—
(a) the Health and Safety Executive;
(b) the Health and Safety Executive for Northern Ireland.
(c) the Office for Nuclear Regulation.
(7) In subsection (2)(f), “facilities” has the same meaning as in the National Health Service Act 2006.
(8) In this section, “the appropriate authority” means—
(a) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998);
(b) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998);
(c) the Secretary of State in any other case.
(9) In this section, “the public” means—
(a) where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland,
(b) where the appropriate authority is the Scottish Ministers, the public in Scotland, and
(c) where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland.
(10) This section does not apply in relation to England.
60 Co-operation with bodies exercising functions in relation to public health
(1) In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert—
Co-operation in relation to public health functions
Co-operation in relation to public health functions
247B (1) This section applies to any body or other person that exercises functions similar to those of the Secretary of State under section 2A (whether or not in relation to the United Kingdom).
(2) The Secretary of State must co-operate with the body or other person in the exercise by it of those functions.
(3) If the Secretary of State acts under subsection (2) at the request of the body or other person, the Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so.
(4) The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State of functions under section 2A.
(5) If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose charges in respect of any costs incurred by it in doing so.
(2) In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert—
(da) section 247B (co-operation in relation to public health functions),
.
81 Requirement for health service providers to be licensed
(1) Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter.
(2) Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service.