Health and Social Care Act 2012

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33) E+W

38 E+W The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

Commencement Information

I1 Sch. 5 para. 38 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

39 E+W In section 2 (rights of authorised representatives of disabled persons)—

(a) in subsection (5) in paragraph (a)—

(i) after “hospital accommodation” (in the first place it occurs) insert “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”,

(ii) for “the Secretary of State under section (3)(1)(a)” substitute “the Secretary of State under section 2A or 2B”, and

(iii) omit “by a Primary Care Trust established under that Act,”,

(b) in subsection (7) in paragraph (a), after “provision of services” insert “, or the arrangement for the provision of services,”, and

(c) in subsection (9) in the definition of “health authority”, in paragraph (a)—

(i) after “means” insert “the National Health Service Commissioning Board, a clinical commissioning group or”,

(ii) omit “a Strategic Health Authority,”, and

(iii) omit “or a Primary Care Trust”.

Commencement Information

I2 Sch. 5 para. 39 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

40 E+W In section 7 (persons discharged from hospital), in subsection (9)—

(a) in the definition of “health authority”, in paragraph (a) for “a Primary Care Trust” substitute “a clinical commissioning group”, and

(b) in the definition of “the managers”—

(i) in paragraph (a)(i) for “, an NHS foundation trust or a Primary Care Trust” substitute “or an NHS foundation trust”,

(ii) in the words following paragraph (a)(iii) after “means the” insert “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”,

(iii) in those words omit “Strategic Health Authority,”, and

(iv) omit paragraph (bb).

Commencement Information

I3 Sch. 5 para. 40 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

41 E+W In section 11 (reports to Parliament)—

(a) in subsection (1ZA) omit “subsection (1ZB) extends to England and Wales only and”, and

(b) omit subsection (1ZB).

Commencement Information

I4 Sch. 5 para. 41 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)

42 E+W In section 16 (interpretation), in subsection (1)—

(a) omit the definition of “Primary Care Trust”, and

(b) omit the definition of “Strategic Health Authority”.

Commencement Information

I5 Sch. 5 para. 42 in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)