Health and Social Care Act 2012

Yn ddilys o 01/04/2013

Mental Health Act 1983 (c. 20) E+W

24 E+W The Mental Health Act 1983 is amended as follows.

25 E+W In section 19 (regulations as to transfers of patients), in subsection (3)—

(a) for “NHS foundation trust,”, in each place it appears, substitute “NHS foundation trust or”, and

(b) omit “or Primary Care Trust” in each place it appears.

26 E+W In section 23 (discharge of patients), in subsection (5)(a)—

(a) for “, Special Health Authority”, in each place it appears, substitute “or Special Health Authority”,

(b) omit “or Primary Care Trust” in each place it appears, and

(c) omit “, trust” in each place it appears.

27 E+W In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit “, Primary Care Trusts”.

28 (1) Section 39 (power of court to request information from hospitals) is amended as follows. E+W

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning group or”,

(c) in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning group or”,

(e) after “such information as that” insert “clinical commissioning group or”,

(f) after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and

(g) after “order, and that” insert “clinical commissioning group or”.

(3) After subsection (1) insert—

“(1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.”

(4) In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.

29 E+W In section 134 (patients' correspondence), in subsection (3)(e)—

(a) at the beginning insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health Authority”, and

(d) omit “or Primary Care Trust”.

30 E+W In section 139 (protection for acts done in pursuance of that Act), in subsection (4)—

(a) after “the Secretary of State or against” insert “the National Health Service Commissioning Board, a clinical commissioning group,”,

(b) omit “Strategic Health Authority,”,

(c) for “, Special Health Authority” substitute “or Special Health Authority”, and

(d) omit “or Primary Care Trust”.

31 (1) In section 145 (interpretation), in subsection (1)— E+W

(a) in the definition of “the managers”, in paragraph (a)—

(i) after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert “the Secretary of State where the Secretary is responsible for the administration of the hospital or”,

(ii) omit “Primary Care Trust,”, and

(iii) omit “Strategic Health Authority,”,

(b) in paragraph (bb) of that definition, omit “a Primary Care Trust or”,

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

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

(2) In consequence of the repeals made by sub-paragraph (1)—

(a) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and

(b) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006.