Health and Care Act 2022

SCHEDULES

Section 1

SCHEDULE 1 U.K. Renaming of NHS Commissioning Board

General U.K.

1 (1) The enactments listed in sub-paragraph (2) are amended in accordance with the table.

For the following expression wherever it occurs in those enactments (unless the expression is replaced or removed by an amendment elsewhere in this Act)	substitute
“The National Health Service Commissioning Board”	“NHS England”
“the National Health Service Commissioning Board”	“NHS England”
“the National Health Service Commissioning Board (“the Board”)”	“NHS England”
“The Board”	“NHS England”
“the Board”	“NHS England”
“The Board’s”	“NHS England’s”

(2) The enactments are—

• the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, Schedule 2;

• the Public Records Act 1958, Part 1 of the Table at the end of paragraph 3 of Schedule 1;

• the Public Bodies (Admission to Meetings) Act 1960, the Schedule;

• the Leasehold Reform Act 1967, section 28;

• the Parliamentary Commissioner Act 1967, Schedule 3;

• the Health Services and Public Health Act 1968, sections 63(1) and (2) and 64;

• the Employers’ Liability (Compulsory Insurance) Act 1969, section 3;

• the Local Authority Social Services Act 1970, Schedule 1;

• the Local Government Act 1972, section 113;

• the Health and Safety at Work etc. Act 1974, section 60;

• the National Health Service (Scotland) Act 1978, section 17A;

• the Acquisition of Land Act 1981, sections 16 and 17;

• the Mental Health Act 1983, sections 12ZB, 12ZC, 39, 117, 134 and 139;

• the Disabled Persons (Services, Consultation and Representation) Act 1986, sections 2 and 7;

• the Copyright, Designs and Patents Act 1988, section 48;

• the Children Act 1989, sections 21, 24, 24C, 27, 29, 47, 80, 85 and 105;

• the London Local Authorities Act 1991 (c xiii), section 4;

• the Health Service Commissioners Act 1993, sections 2 and 2A;

• the Value Added Tax Act 1994, section 41 and Schedule 8;

• the Education Act 1996, section 322;

• the Employment Rights Act 1996, sections 43K, 49B, 50 and 218;

• the Housing Grants, Construction and Regeneration Act 1996, section 3;

• the Crime and Disorder Act 1998, section 115;

• the Greater London Authority Act 1999, section 309E;

• the Health Act 1999, section 61;

• the Freedom of Information Act 2000, Schedule 1;

• the Local Government Act 2000, section 9FF;

• the Adoption and Children Act 2002, section 8;

• the International Development Act 2002, Schedule 1;

• the Nationality, Immigration and Asylum Act 2002, section 133;

• the Criminal Justice Act 2003, section 325;

• the Finance Act 2003, section 67A;

• the Health and Social Care (Community Health and Standards) Act 2003, sections 148 and 165;

• the Children Act 2004, sections 10 and 11;

• the Civil Contingencies Act 2004, Schedule 1;

• the Domestic Violence, Crime and Victims Act 2004, section 9;

• the Armed Forces Act 2006, section 343AA (as inserted by section 8(3) of the Armed Forces Act 2021);

• the Childcare Act 2006, section 4;

• the Emergency Workers (Obstruction) Act 2006, section 1;

• the National Health Service Act 2006, except section 275;

• the National Health Service (Wales) Act 2006, sections 7, 13, 17, 26, 28, 34, 106, 115, 162, 197, 206 and Schedule 5;

• the NHS Redress Act 2006, section 1;

• the Safeguarding Vulnerable Groups Act 2006, section 6;

• the Corporate Manslaughter and Corporate Homicide Act 2007, section 6;

• the Local Government and Public Involvement in Health Act 2007, sections 104, 116, 222, 224 and 227;

• the Statistics and Registration Service Act 2007, section 42(4A);

• the Health and Social Care Act 2008, sections 20A, 30, 39, 45A, 48, 54, 59, 64, 80, 81 and 97;

• the Autism Act 2009, section 4;

• the Health Act 2009, sections 2, 8 and 36;

• the Charities Act 2011, section 149;

• the Health and Social Care Act 2012, sections 83, 84, 102, 130, 197, 234, 236, 237, 239, 241, 249, 250(4) and (7), 253, 254, 255, 260, 263, 265, 268, 274, 295, 296, 298 and Schedule 12;

• the Care Act 2014, sections 6, 22 and 101 and Schedule 1;

• the Children and Families Act 2014, sections 26, 28, 31, 53, 56, 57 and 77;

• the Immigration Act 2014, Schedule 3;

• the Local Audit and Accountability Act 2014, section 13 and Schedules 7 and 11;

• the Cities and Local Government Devolution Act 2016, section 18;

• the Data Protection Act 2018, Schedule 3;

• the Mental Health Units (Use of Force) Act 2018, section 9.

(3) In any other enactment (apart from this Act) passed before the day on which section 1 comes into force, and in any instrument or other document made before that day, any reference to the National Health Service Commissioning Board is to be read, in relation to any time on or after that day, as a reference to NHS England.

(4) In this paragraph “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see s. 186(6)

I2 Sch. 1 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

House of Commons Disqualification Act 1975 E+W

2 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, in the entry relating to the chairman or non-executive member of the National Health Service Commissioning Board, for “the National Health Service Commissioning Board” substitute “NHS England”.

Commencement Information

I3 Sch. 1 para. 2 not in force at Royal Assent, see s. 186(6)

I4 Sch. 1 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Access to Health Records Act 1990 E+W

3 In section 1(2) of the Access to Health Records Act 1990 as it has effect under the law of England and Wales—

(a) in paragraph (a)—

(i) for “the National Health Service Commissioning Board” substitute “NHS England”;

(ii) after “contract with” insert “NHS England”;

(b) in paragraph (aa)—

(i) for “the National Health Service Commissioning Board” substitute “NHS England”;

(ii) after “arrangements with” insert “NHS England”.

Commencement Information

I5 Sch. 1 para. 3 not in force at Royal Assent, see s. 186(6)

I6 Sch. 1 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Trade Union and Labour Relations (Consolidation) Act 1992 E+W

4 In section 279(1) of the Trade Union and Labour Relations (Consolidation) Act 1992—

(a) in paragraph (a), for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the words after paragraph (b), for “board” substitute “body”.

Commencement Information

I7 Sch. 1 para. 4 not in force at Royal Assent, see s. 186(6)

I8 Sch. 1 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Employment Rights Act 1996 E+W

5 In section 43K(2)(b) of the Employment Rights Act 1996 for “the authority or board” substitute “NHS England or the board”.

Commencement Information

I9 Sch. 1 para. 5 not in force at Royal Assent, see s. 186(6)

I10 Sch. 1 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service Act 2006 E+W

6 The National Health Service Act 2006 is amended as follows.

Commencement Information

I11 Sch. 1 para. 6 not in force at Royal Assent, see s. 186(6)

I12 Sch. 1 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

7 In the heading of section 3B, for “Board” substitute “NHS England”.

Commencement Information

I13 Sch. 1 para. 7 not in force at Royal Assent, see s. 186(6)

I14 Sch. 1 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 In the heading of section 13A, for “Board” substitute “NHS England”.

Commencement Information

I15 Sch. 1 para. 8 not in force at Royal Assent, see s. 186(6)

I16 Sch. 1 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

9 In the heading of section 13W, for “Board’s” substitute “NHS England’s”.

Commencement Information

I17 Sch. 1 para. 9 not in force at Royal Assent, see s. 186(6)

I18 Sch. 1 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

10 In the heading of section 13Y, for “Board’s” substitute “NHS England’s”.

Commencement Information

I19 Sch. 1 para. 10 not in force at Royal Assent, see s. 186(6)

I20 Sch. 1 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

11 In section 275(1)—

(a) omit the definition of “the Board”;

(b) in the definition of “NHS body” for paragraph (a) substitute—

“(a)

NHS England,”.

Commencement Information

I21 Sch. 1 para. 11 not in force at Royal Assent, see s. 186(6)

I22 Sch. 1 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 In Schedule 1A, in the italic heading before paragraph 18, for “Board” substitute “NHS England”.

Commencement Information

I23 Sch. 1 para. 12 not in force at Royal Assent, see s. 186(6)

I24 Sch. 1 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Corporation Tax Act 2010 E+W

13 In section 986 of the Corporation Tax Act 2010, in the table, for “National Health Service Commissioning Board” substitute “NHS England”.

Commencement Information

I25 Sch. 1 para. 13 not in force at Royal Assent, see s. 186(6)

I26 Sch. 1 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Equality Act 2010 E+W

14 In Part 1 of Schedule 19 to the Equality Act 2010, in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, for “The National Health Service Commissioning Board” substitute “NHS England”.

Commencement Information

I27 Sch. 1 para. 14 not in force at Royal Assent, see s. 186(6)

I28 Sch. 1 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W

15 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I29 Sch. 1 para. 15 not in force at Royal Assent, see s. 186(6)

I30 Sch. 1 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

16 In section 150, omit subsection (2).

Commencement Information

I31 Sch. 1 para. 16 not in force at Royal Assent, see s. 186(6)

I32 Sch. 1 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

17 In the heading of section 197, for “NHS Commissioning Board” substitute “NHS England”.

Commencement Information

I33 Sch. 1 para. 17 not in force at Royal Assent, see s. 186(6)

I34 Sch. 1 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 In section 247, omit the definition of “the Board”.

Commencement Information

I35 Sch. 1 para. 18 not in force at Royal Assent, see s. 186(6)

I36 Sch. 1 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 In section 250(1), for “the National Health Service Commissioning Board (referred to in this Chapter as “the Board”)” substitute “NHS England”.

Commencement Information

I37 Sch. 1 para. 19 not in force at Royal Assent, see s. 186(6)

I38 Sch. 1 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

20 In the heading of section 274, for “Board” substitute “NHS England”.

Commencement Information

I39 Sch. 1 para. 20 not in force at Royal Assent, see s. 186(6)

I40 Sch. 1 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 In section 275, omit the definition of “the Board”.

Commencement Information

I41 Sch. 1 para. 21 not in force at Royal Assent, see s. 186(6)

I42 Sch. 1 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

22 In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”.

Commencement Information

I43 Sch. 1 para. 22 not in force at Royal Assent, see s. 186(6)

I44 Sch. 1 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Audit and Accountability Act 2014 E+W

23 In Schedule 9 to the Local Audit and Accountability Act 2014, in paragraph 4(12), for paragraph (c) of the definition of “relevant NHS body” substitute—

“(c) NHS England;”.

Commencement Information

I45 Sch. 1 para. 23 not in force at Royal Assent, see s. 186(6)

I46 Sch. 1 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Social Services and Well-being (Wales) Act 2014 (anaw 4) E+W

24 The Social Services and Well-being (Wales) Act 2014 is amended as follows.

Commencement Information

I47 Sch. 1 para. 24 not in force at Royal Assent, see s. 186(6)

I48 Sch. 1 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

25 In section 47(10)—

(a) in the English language text—

(i) in the definition of “English health body”, for paragraph (b) substitute—

“(b)

NHS England;”;

(ii) in the definition of “health body”, for paragraph (c) substitute—

“(c)

NHS England;”;

(b) in the Welsh language text—

(i) in the definition of “corff iechyd”, for paragraph (c) substitute—

“(c)

GIG Lloegr;”;

(ii) in the definition of “corff iechyd Seisnig”, for paragraph (b) substitute—

“(b)

GIG Lloegr;”.

Commencement Information

I49 Sch. 1 para. 25 not in force at Royal Assent, see s. 186(6)

I50 Sch. 1 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

26 In section 77(4)(b)(ii)—

(a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Commencement Information

I51 Sch. 1 para. 26 not in force at Royal Assent, see s. 186(6)

I52 Sch. 1 para. 26 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

27 In section 104(3)(d)(ii)—

(a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Commencement Information

I53 Sch. 1 para. 27 not in force at Royal Assent, see s. 186(6)

I54 Sch. 1 para. 27 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

28 In section 118(2)(c)—

(a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Commencement Information

I55 Sch. 1 para. 28 not in force at Royal Assent, see s. 186(6)

I56 Sch. 1 para. 28 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

29 In section 164A(4)—

(a) in the English language text, for paragraph (c) substitute—

“(c) NHS England;”;

(b) in the Welsh language text, for paragraph (c) substitute—

“(c) GIG Lloegr;”.

Commencement Information

I57 Sch. 1 para. 29 not in force at Royal Assent, see s. 186(6)

I58 Sch. 1 para. 29 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

30 In section 193(4)(c)—

(a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the Welsh language text, for “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Commencement Information

I59 Sch. 1 para. 30 not in force at Royal Assent, see s. 186(6)

I60 Sch. 1 para. 30 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

31 In section 197(1)—

(a) in the English language text, for the definition of “National Health Service Commissioning Board” substitute—

• ““NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;”;

(b) in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

• ““ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Commencement Information

I61 Sch. 1 para. 31 not in force at Royal Assent, see s. 186(6)

I62 Sch. 1 para. 31 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Housing (Wales) Act 2014 (anaw 7) E+W

32 In section 70(2)(d)(ii) of the Housing (Wales) Act 2014—

(a) in the English language text, for “the National Health Service Commissioning Board” substitute “NHS England”;

(b) in the Welsh language text, for “Fwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” substitute “GIG Lloegr”.

Commencement Information

I63 Sch. 1 para. 32 not in force at Royal Assent, see s. 186(6)

I64 Sch. 1 para. 32 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Cities and Local Government Devolution Act 2016 E+W

33 In section 18(2)(d) and (5)(b) of the Cities and Local Government Devolution Act 2016, for “the NHS Commissioning Board” substitute “NHS England”.

Commencement Information

I65 Sch. 1 para. 33 not in force at Royal Assent, see s. 186(6)

I66 Sch. 1 para. 33 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) E+W

34 The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.

Commencement Information

I67 Sch. 1 para. 34 not in force at Royal Assent, see s. 186(6)

I68 Sch. 1 para. 34 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

35 In section 4(3)—

(a) in the English language text, for paragraph (i) substitute—

“(i) NHS England;”;

(b) in the Welsh language text, for paragraph (i) substitute—

“(i) GIG Lloegr;”.

Commencement Information

I69 Sch. 1 para. 35 not in force at Royal Assent, see s. 186(6)

I70 Sch. 1 para. 35 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

36 In section 65(4)—

(a) in the English language text, for paragraph (j) substitute—

“(j) NHS England;”;

(b) in the Welsh language text, for paragraph (j) substitute—

“(j) GIG Lloegr;”.

Commencement Information

I71 Sch. 1 para. 36 not in force at Royal Assent, see s. 186(6)

I72 Sch. 1 para. 36 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

37 In section 99(1)—

(a) in the English language text, omit the definition of “National Health Service Commissioning Board” and at the appropriate place insert—

• ““NHS England” (“GIG Lloegr”) means the body established under section 1H of the National Health Service Act 2006;”;

(b) in the Welsh language text, omit the definition of “Bwrdd Comisiynu’r Gwasanaeth Iechyd Gwladol” and at the appropriate place insert—

• ““ystyr “GIG Lloegr” (“NHS England”) yw’r corff a sefydlir o dan adran 1H o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Commencement Information

I73 Sch. 1 para. 37 not in force at Royal Assent, see s. 186(6)

I74 Sch. 1 para. 37 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Domestic Abuse Act 2021 E+W

38 In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), for paragraph (c) of the definition of “NHS body in England” substitute—

“(c)

NHS England, or”.

Commencement Information

I75 Sch. 1 para. 38 not in force at Royal Assent, see s. 186(6)

I76 Sch. 1 para. 38 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 19

SCHEDULE 2 E+W Integrated care boards: constitution etc

1 E+W Before Schedule 4 to the National Health Service Act 2006 insert—

“SCHEDULE 1B E+W Integrated care boards

PART 1 E+W Constitution of integrated care boards

Introduction

1 An integrated care board must have a constitution.

Name and area

2 The constitution must specify—

(a) the name of the integrated care board, and

(b) the area for which it is established.

Membership: general

3 (1) The constitution must provide for the integrated care board to consist of—

(a) a chair (see paragraphs 5 and 6),

(b) a chief executive (see paragraph 7), and

(c) at least three other members (see paragraph 8).

(2) In this Part of this Schedule a reference to an “ordinary member” is to a member other than the chair or chief executive.

4 The constitution must prohibit a person from appointing someone as a member (“the candidate”) if they consider that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

Chair

5 The constitution must provide for the chair to be appointed by NHS England, with the approval of the Secretary of State.

6 The constitution may not confer power to remove the chair from office on any person other than NHS England, and any such power must be expressed to be subject to the approval of the Secretary of State.

Chief executive

7 (1) The constitution must provide for the chief executive to be appointed by the chair, with the approval of NHS England.

(2) The constitution must provide that a person is eligible to become or remain the chief executive only if the person is an employee of the integrated care board.

Ordinary members

8 (1) The constitution must—

(a) specify who is to appoint the ordinary members, and

(b) provide that the appointment of an ordinary member is subject to the approval of the chair.

(2) The constitution must provide for the ordinary members to include—

(a) at least one member nominated jointly by the NHS trusts and NHS foundation trusts that—

(i) provide services for the purposes of the health service within the integrated care board’s area, and

(ii) are of a prescribed description,

(b) at least one member nominated jointly by persons who—

(i) provide primary medical services for the purposes of the health service within the integrated care board’s area, and

(ii) are of a prescribed description,

(c) 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.

(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 mentioned in sub-paragraph (2) must have regard to any guidance published by NHS England in relation to the selection of candidates.

(5) The descriptions of trusts or other persons that may be prescribed for the purposes of sub-paragraph (2)(a) or (b) may, in particular, be framed by reference to the nature of the services that they provide or the proportion of their services that are provided within the integrated care board’s area.

(6) The chair must exercise the approval function mentioned in sub-paragraph (1)(b) with a view to ensuring that at least one of the ordinary members has knowledge and experience in connection with services relating to the prevention, diagnosis and treatment of mental illness.

(7) In this paragraph “local authority” has the meaning given by section 2B(5).

Further provision in connection with membership

9 The constitution may make further provision in connection with the membership of the integrated care board, including provision about—

(a) how members are to be appointed;

(b) qualification and disqualification for membership;

(c) the tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);

(d) eligibility for re-appointment;

(e) terms of appointment (including provision about the remuneration or allowances of the chair and ordinary members);

(f) the validation of proceedings in the event of a vacancy or defect in an appointment.

10 (1) The constitution of an integrated care board must comply with any requirements in connection with membership that are imposed by regulations.

(2) The regulations may impose requirements in connection with any provision that may be included in an integrated care board’s constitution by virtue of paragraphs 3 to 9.

Arrangements for discharging functions

11 (1) The constitution must specify arrangements for the exercise of the integrated care board’s functions (including its functions in determining the terms and conditions of its employees).

(2) The arrangements may include provision—

(a) for the appointment of committees or sub-committees of the integrated care board, and

(b) for any such committees to consist of or include persons other than members or employees of the integrated care board.

(3) The arrangements may include provision for any functions of the integrated care board to be exercised on its behalf by—

(a) any of its members or employees;

(b) a committee or sub-committee of the board.

(4) If the constitution includes provision under this paragraph allowing committees or sub-committees to exercise commissioning functions, the constitution must—

(a) provide for the members of any such committee or sub-committee to be approved or appointed by the chair of the integrated care board, and

(b) prohibit the chair from approving or appointing someone as a member of any such committee or sub-committee (“the candidate”) if the chair considers that the appointment could reasonably be regarded as undermining the independence of the health service because of the candidate’s involvement with the private healthcare sector or otherwise.

(5) In sub-paragraph (4) “commissioning functions” means the functions of an integrated care board in arranging for the provision of services as part of the health service.

12 (1) The constitution must specify the procedure to be followed by the integrated care board in making decisions.

(2) The constitution must also specify the arrangements to be made by the integrated care board for securing that there is transparency about the decisions of the board and the manner in which they are made.

Arrangements for conflicts of interests

13 The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z30(1) to (4), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Arrangements for public involvement

14 The constitution must include—

(a) provision about the arrangements to be made by the integrated care board for discharging its functions under section 14Z45(2), and

(b) a statement of the principles to be followed by the board in implementing those arrangements.

Variation of constitution

15 (1) The constitution must include a power to vary the constitution in accordance with a procedure set out there.

(2) The provision made by the constitution in accordance with sub-paragraph (1) must—

(a) include power for NHS England to vary the constitution on its own initiative, and

(b) require NHS England’s approval to be obtained before any other variation is made.

Further provision

16 In addition to the provision authorised or required to be included under this Part of this Schedule, the constitution may make further provision.

PART 2 E+W Further provision about integrated care boards

Status

17 (1) An integrated care board is a body corporate.

(2) An integrated care board is not to be regarded—

(a) as a servant or agent of the Crown, or

(b) as enjoying any status, privilege or immunity of the Crown.

(3) An integrated care board’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Staff

18 (1) An integrated care board may appoint employees.

(2) Employees of an integrated care board are to be paid such remuneration and allowances as the board may determine.

(3) Employees of an integrated care board are to be appointed on such other terms and conditions as the board may determine.

(4) An integrated care board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the board.

19 (1) An integrated care board may make arrangements for a person to be seconded to the board to serve as a member of the board’s staff.

(2) A period of secondment to an integrated care board does not affect the continuity of a person’s employment with the employer from whose service the person is seconded.

(3) In paragraphs 11 and 18 a reference to an employee of an integrated care board includes a person seconded to the board.

(4) In paragraph 7(2) the reference to an employee of an integrated care board includes any of the following seconded to the board—

(a) a person employed in the civil service of the State, or

(b) a person employed by—

(i) NHS England,

(ii) an NHS trust established under section 25,

(iii) an NHS foundation trust,

(iv) a Special Health Authority performing functions only or mainly in respect of England,

(v) the Care Quality Commission,

(vi) the Health and Social Care Information Centre,

(vii) the Health Services Safety Investigations Body,

(viii) the Human Tissue Authority,

(ix) the Human Fertilisation and Embryology Authority, or

(x) NICE.

(5) The Secretary of State may by regulations amend this paragraph so as to provide that other references in this Act to an employee of an integrated care board include persons, or persons of a prescribed description, seconded to the board.

Additional powers in respect of payment of allowances

20 An integrated care board may pay such allowances as it considers appropriate to a member of a committee or sub-committee of the integrated care board who is not a member of the board.

Externally financed development agreements

21 (1) The powers of an integrated care board include power to enter into externally financed development agreements.

(2) For the purposes of this paragraph, an agreement is an externally financed development agreement if it is certified as such in writing by the Secretary of State.

(3) The Secretary of State may give a certificate under this paragraph if—

(a) in the Secretary of State’s opinion the purpose or main purpose of the agreement is the provision of services or facilities in connection with the exercise by an integrated care board of any of its functions, and

(b) a person proposes to make a loan to, or provide any other form of finance for, another party in connection with the agreement.

(4) If an integrated care board enters into an externally financed development agreement it may also, in connection with that agreement, enter into an agreement with a person who falls within sub-paragraph (3)(b) in relation to the externally financed development agreement.

(5) In sub-paragraph (3)(b) “another party” means any party to the agreement other than the integrated care board.

(6) The fact that an agreement made by an integrated care board has not been certified under this paragraph does not affect its validity.

Accounts and audits

22 (1) An integrated care board must keep proper accounts and proper records in relation to the accounts.

(2) An integrated care board must prepare annual accounts in respect of each financial year.

(3) NHS England may, with the approval of the Secretary of State, direct an integrated care board to prepare accounts in respect of such period or periods as may be specified in the direction.

(4) NHS England may, with the approval of the Secretary of State, give directions to an integrated care board 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 NHS England so directs.

(7) The Comptroller and Auditor General may examine—

(a) the annual accounts and any records relating to them, and

(b) any report on them by the auditor or auditors.

(8) An integrated care board must send any audited accounts prepared under this paragraph to NHS England by the date specified in a direction by NHS England.

(9) NHS England may direct an integrated care board to send it any unaudited accounts prepared under this paragraph by the date specified in a direction by NHS England.

Incidental powers

23 The power conferred on an integrated care board by section 2 includes, in particular, power to—

(a) enter into agreements,

(b) acquire and dispose of property, and

(c) accept gifts (including property to be held on trust for the purposes of the integrated care board).

Seal and evidence

24 (1) The application of an integrated care board’s seal must be authenticated by the signature of any person who has been authorised (generally or specially) for that purpose.

(2) A document purporting to be duly executed under an integrated care board’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proven, taken to be so executed or signed.”

Commencement Information

I77 Sch. 2 para. 1 not in force at Royal Assent, see s. 186(6)

I78 Sch. 2 para. 1 in force at 9.5.2022 for specified purposes by S.I. 2022/515, reg. 2(e)

I79 Sch. 2 para. 1 in force at 1.7.2022 in so far as not already in force by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

2 E+W In section 272 of that Act (orders, regulations, rules and directions), in subsection (6), after paragraph (d) (inserted by section 17 of this Act), insert—

“(e) regulations under paragraph 19(5) of Schedule 1B.”

Commencement Information

I80 Sch. 2 para. 2 not in force at Royal Assent, see s. 186(6)

I81 Sch. 2 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 22

SCHEDULE 3 E+W Conferral of primary care functions on integrated care boards etc

PART 1 E+W Conferral of functions etc

Prospective

Preliminary E+W

1 The National Health Service Act 2006 is amended as follows.

Commencement Information

I82 Sch. 3 para. 1 not in force at Royal Assent, see s. 186(6)

Prospective

Power to require NHS England to continue to exercise certain primary care functions E+W

2 In section 3B (Secretary of State’s power to require NHS England to commission services), in subsection (1)—

(a) before paragraph (a) insert—

“(za) primary medical services of a prescribed description;”;

(b) after paragraph (a), insert—

“(aa) primary ophthalmic services of a prescribed description;”.

Commencement Information

I83 Sch. 3 para. 2 not in force at Royal Assent, see s. 186(6)

Medical services E+W

3 For section 83 and the italic heading before it substitute—

“Meaning of primary medical services E+W

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 E+W

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 persons 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 E+W

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) NHS England may make such arrangements for the provision of primary medical services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person).

(3) The arrangements that may be made under this section include—

(a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);

(b) in the case of NHS England, arrangements for the performance of a service outside England.

(4) Arrangements under this section may confer discretions on a person with whom they are made in relation to anything to be provided under the arrangements.

(5) 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 and NHS England must publish information about such matters as may be prescribed in relation to the primary medical services provided under this Act.”

Commencement Information

I84 Sch. 3 para. 3 not in force at Royal Assent, see s. 186(6)

4 (1) Section 84 (general medical services contracts: introductory) is amended as follows.

(2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

(3) In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”.

(4) For subsection (4) substitute—

“(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 may include—

(a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);

(b) in the case of a contract entered into by NHS England, services to be performed outside England.

(4B) A general medical services contract may confer discretions on a person with whom it is made in relation to anything to be provided under the contract.”

(5) In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.

Commencement Information

I85 Sch. 3 para. 4 not in force at Royal Assent, see s. 186(6)

5 In section 86 (persons eligible to enter into GMS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

Commencement Information

I86 Sch. 3 para. 5 not in force at Royal Assent, see s. 186(6)

6 In section 87 (GMS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I87 Sch. 3 para. 6 not in force at Royal Assent, see s. 186(6)

7 (1) Section 89 (GMS contracts: other required terms) is amended as follows.

(2) Omit subsections (1A) to (1E).

(3) In subsection (4)(a), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I88 Sch. 3 para. 7 not in force at Royal Assent, see s. 186(6)

I89 Sch. 3 para. 7(1) in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

I90 Sch. 3 para. 7(2) in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 (1) Section 91 (persons performing primary medical services) is amended as follows.

(2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.

(3) In subsection (2), for paragraph (b) substitute—

“(b) an integrated care board or NHS England is responsible for a primary medical service if it secures its provision under or by virtue of any enactment.”

Commencement Information

I91 Sch. 3 para. 8 not in force at Royal Assent, see s. 186(6)

9 (1) Section 92 (arrangements for the provision of primary medical services) is amended as follows.

(2) In the heading, for “the Board” substitute “an integrated care board or NHS England”.

(3) For subsection (1), substitute—

“(1) An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 83 or general medical services contracts, under which primary medical services are provided.”

(4) After subsection (5) insert—

“(5A) An agreement may confer discretions on a person with whom it is made in relation to anything to be provided under the agreement.”

Commencement Information

I92 Sch. 3 para. 9 not in force at Royal Assent, see s. 186(6)

10 In section 93 (persons with whom agreements may be made under section 92), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

Commencement Information

I93 Sch. 3 para. 10 not in force at Royal Assent, see s. 186(6)

11 (1) Section 94 (regulations about section 92 arrangements) is amended as follows.

(2) In subsection (2), for “the Board” substitute “an integrated care board or NHS England”.

(3) In section (3), for paragraph (ca) substitute—

“(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),

(cb) provide that section 92 arrangements made by NHS England may be made in relation to services to be performed outside England,”.

(4) Omit subsections (3A) to (3E).

(5) In subsection (6), for “the Board” substitute “an integrated care board or NHS England”.

(6) In subsection (7), omit “to” in the first place it occurs.

Commencement Information

I94 Sch. 3 para. 11 not in force at Royal Assent, see s. 186(6)

I95 Sch. 3 para. 11(1) in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

I96 Sch. 3 para. 11(4) in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 (1) Section 96 (assistance and support: primary medical services) is amended as follows.

(2) In subsection (1)—

(a) for “The Board” substitute “An integrated care board”;

(b) in paragraph (za), for “83(2)” substitute “83”.

(3) In subsection (2)—

(a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;

(b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.

Commencement Information

I97 Sch. 3 para. 12 not in force at Royal Assent, see s. 186(6)

13 (1) Section 97 (Local Medical Committees) is amended as follows.

(2) 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”.

(3) In subsection (3)(b), for “the Board” substitute “the integrated care board”.

(4) In subsection (6), for “the Board” substitute “an integrated care board”.

(5) In subsection (10)—

(a) for “The Board” substitute “An integrated care board”;

(b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.

Commencement Information

I98 Sch. 3 para. 13 not in force at Royal Assent, see s. 186(6)

14 For section 98A substitute—

“98A Delegation of Secretary of State’s functions to NHS England

(1) The Secretary of State may direct NHS England 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.

98B NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”

Commencement Information

I99 Sch. 3 para. 14 not in force at Royal Assent, see s. 186(6)

Prospective

Dental services E+W

15 For section 99 and the italic heading before it substitute—

“Meaning of primary dental services E+W

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 E+W

99 Duty of integrated care boards to arrange primary dental services

(1) Each integrated care board must exercise its powers so as to secure the provision of primary dental 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 E+W

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) NHS England may make such arrangements for the provision of primary dental services as it considers appropriate for the purpose of discharging any functions under section 3B(1) (and may, in particular, make contractual arrangements with any person).

(3) The arrangements that may be made under this section include—

(a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);

(b) in the case of NHS England, arrangements for the performance of a service outside England.

(4) 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 and NHS England must publish information about such matters as may be prescribed in relation to the primary dental services provided under this Act.”

Commencement Information

I100 Sch. 3 para. 15 not in force at Royal Assent, see s. 186(6)

16 (1) Section 100 (general dental services contracts: introductory) is amended as follows.

(2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

(3) In subsection (3)—

(a) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”;

(b) in paragraph (a) omit the words from “(which” to the end.

(4) After subsection (3) insert—

“(3A) The services to be provided under a general dental services contract may include services which are not primary dental services.

(3B) The services to be provided under a general dental services contract may include—

(a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);

(b) in the case of a contract entered into by NHS England, services to be performed outside England.”

(5) In subsection (4), for “the Board” substitute “the integrated care board or NHS England”.

Commencement Information

I101 Sch. 3 para. 16 not in force at Royal Assent, see s. 186(6)

17 In section 102 (persons eligible to enter into GDS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

Commencement Information

I102 Sch. 3 para. 17 not in force at Royal Assent, see s. 186(6)

18 In section 103 (GDS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I103 Sch. 3 para. 18 not in force at Royal Assent, see s. 186(6)

19 In section 104 (GDS contracts: other required terms), in subsection (3), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I104 Sch. 3 para. 19 not in force at Royal Assent, see s. 186(6)

20 (1) Section 106 (persons performing primary dental services) is amended as follows.

(2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.

(3) In subsection (2), for paragraph (b) substitute—

“(b) an integrated care board or NHS England is responsible for a primary dental service if it secures its provision under or by virtue of any enactment.”

Commencement Information

I105 Sch. 3 para. 20 not in force at Royal Assent, see s. 186(6)

21 (1) Section 107 (arrangements for the provision of primary dental services) is amended as follows.

(2) In the heading, for “the Board” substitute “an integrated care board or NHS England”.

(3) For subsection (1) substitute—

“(1) An integrated care board or NHS England may make agreements, other than arrangements pursuant to section 99A or general dental services contracts, under which primary dental services are provided.”

(4) Omit subsection (6).

Commencement Information

I106 Sch. 3 para. 21 not in force at Royal Assent, see s. 186(6)

22 In section 108 (persons with whom agreements may be made under section 107), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

Commencement Information

I107 Sch. 3 para. 22 not in force at Royal Assent, see s. 186(6)

23 (1) Section 109 (regulations about section 107 arrangements) is amended as follows.

(2) In subsection (2), for “the Board” substitute “an integrated care board or NHS England”.

(3) In section (3), for paragraph (ca) substitute—

“(ca) provide that section 107 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),

(cb) provide that section 107 arrangements made by NHS England may be made in relation to services to be performed outside England,”.

(4) In subsection (6), for “the Board” substitute “an integrated care board or NHS England”.

(5) In subsection (7), omit “to” in the first place it occurs.

Commencement Information

I108 Sch. 3 para. 23 not in force at Royal Assent, see s. 186(6)

24 (1) Section 112 (assistance and support: primary dental services) is amended as follows.

(2) In subsection (1)—

(a) for “The Board” substitute “An integrated care board”;

(b) before paragraph (a) insert—

“(za) primary dental services pursuant to section 99A,”.

(3) In subsection (2)—

(a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;

(b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.

Commencement Information

I109 Sch. 3 para. 24 not in force at Royal Assent, see s. 186(6)

25 (1) Section 113 (Local Dental Committees) is amended as follows.

(2) 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”.

(3) In subsection (3)—

(a) in paragraph (a), omit sub-paragraph (i);

(b) in paragraph (b), for “the Board” substitute “the integrated care board”.

(4) In subsection (6), for “the Board” substitute “an integrated care board”.

(5) In subsection (10)—

(a) for “The Board” substitute “An integrated care board”;

(b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.

Commencement Information

I110 Sch. 3 para. 25 not in force at Royal Assent, see s. 186(6)

26 For section 114A substitute—

“114A Delegation of Secretary of State’s functions to NHS England

(1) The Secretary of State may direct NHS England 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.

114B NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”

Commencement Information

I111 Sch. 3 para. 26 not in force at Royal Assent, see s. 186(6)

Prospective

Ophthalmic services E+W

27 Before section 115 (and the italic heading before it) insert—

“Meaning of primary ophthalmic services E+W

114C Primary ophthalmic services for purposes of this Act

(1) Regulations may provide that services of a prescribed description must, or must not, be regarded as primary ophthalmic services for the purposes of this Act (but these regulations may not affect the duty in section 115(1)(a)).

(2) Regulations under this section may, in particular, describe services by reference to the manner or circumstances in which they are provided.”

Commencement Information

I112 Sch. 3 para. 27 not in force at Royal Assent, see s. 186(6)

28 In the italic heading before section 115, for “the Board” substitute “integrated care boards”.

Commencement Information

I113 Sch. 3 para. 28 not in force at Royal Assent, see s. 186(6)

29 (1) Section 115 (primary ophthalmic services) is amended as follows.

(2) For the heading substitute “Duty of integrated care boards to arrange primary ophthalmic services”.

(3) For subsections (1) and (1A) substitute—

“(1) Each integrated care board must exercise its powers so as to secure the provision of the following primary ophthalmic services to such extent as it considers necessary to meet the reasonable requirements of the people for whom it has responsibility—

(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.

(1A) 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).”

(4) Omit subsections (4), (4A), (5), (7) and (8).

Commencement Information

I114 Sch. 3 para. 29 not in force at Royal Assent, see s. 186(6)

30 After section 116 insert—

“General functions E+W

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) NHS England may make such arrangements for the provision of primary ophthalmic services as it considers appropriate for the purpose of discharging any functions under section 3B (and may, in particular, make contractual arrangements with any person).

(3) The arrangements that may be made under this section include—

(a) in the case of an integrated care board, arrangements for the performance of a service outside its area (whether or not in England);

(b) in the case of NHS England, arrangements for the performance of a service outside England.

(4) The powers in this section are in addition to the power conferred by section 117.

116B Publication of information

Each integrated care board and NHS England must publish information about such matters as may be prescribed in relation to the primary ophthalmic services provided under this Act.”

Commencement Information

I115 Sch. 3 para. 30 not in force at Royal Assent, see s. 186(6)

31 (1) Section 117 (general ophthalmic services contracts: introductory) is amended as follows.

(2) In subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

(3) In subsection (3) for “the Board” substitute “the integrated care board or NHS England (as the case may be)”.

(4) For subsection (4) substitute—

“(4) The services to be provided under a general ophthalmic services contract may include services which are not primary ophthalmic services.

(4A) The services to be provided under a general ophthalmic services contract may include—

(a) in the case of a contract entered into by an integrated care board, services to be performed outside its area (whether or not in England);

(b) in the case of a contract entered into by NHS England, services to be performed outside England.”

(5) In subsection (5), for “the Board” substitute “the integrated care board or NHS England”.

Commencement Information

I116 Sch. 3 para. 31 not in force at Royal Assent, see s. 186(6)

32 In section 118 (persons eligible to enter into GOS contracts), in subsection (1), for “The Board” substitute “An integrated care board or NHS England”.

Commencement Information

I117 Sch. 3 para. 32 not in force at Royal Assent, see s. 186(6)

33 In section 119 (exclusion of contractors), in subsection (1), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I118 Sch. 3 para. 33 not in force at Royal Assent, see s. 186(6)

34 In section 120 (GOS contracts: payments), in subsection (3)(d), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I119 Sch. 3 para. 34 not in force at Royal Assent, see s. 186(6)

35 In section 121 (GOS contracts: other required terms), in subsection (3)(a), for “the Board” substitute “an integrated care board or NHS England”.

Commencement Information

I120 Sch. 3 para. 35 not in force at Royal Assent, see s. 186(6)

36 (1) Section 123 (persons performing primary ophthalmic services) is amended as follows.

(2) In subsection (1), for “the Board”, in the first place it occurs, substitute “an integrated care board or NHS England”.

(3) In subsection (2), for paragraph (b) substitute—

“(b) an integrated care board or NHS England is responsible for a primary ophthalmic service if it secures its provision under or by virtue of any enactment.”

Commencement Information

I121 Sch. 3 para. 36 not in force at Royal Assent, see s. 186(6)

37 (1) Section 124 (assistance and support: primary ophthalmic services) is amended as follows.

(2) In subsection (1), for “The Board” substitute “An integrated care board”.

(3) In subsection (2)—

(a) for “the Board”, in the first place it occurs, substitute “an integrated care board”;

(b) for “the Board”, in the second place it occurs, substitute “the integrated care board”.

Commencement Information

I122 Sch. 3 para. 37 not in force at Royal Assent, see s. 186(6)

38 (1) Section 125 (Local Optical Committees) is amended as follows.

(2) 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”.

(3) In subsection (3)(b), for “the Board” substitute “the integrated care board”.

(4) In subsection (7), for “the Board” substitute “an integrated care board”.

(5) In subsection (10)—

(a) for “The Board” substitute “An integrated care board”;

(b) in paragraphs (a) and (b), for “the Board” substitute “the integrated care board”.

Commencement Information

I123 Sch. 3 para. 38 not in force at Royal Assent, see s. 186(6)

39 For section 125A substitute—

“125A Delegation of Secretary of State’s functions to NHS England

(1) The Secretary of State may direct NHS England 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.

125B NHS England’s power to direct integrated care boards

NHS England may give directions to an integrated care board about the exercise by it of any of its functions under this Part.”

Commencement Information

I124 Sch. 3 para. 39 not in force at Royal Assent, see s. 186(6)

Prospective

Pharmaceutical services E+W

40 For section 168A substitute—

“168A Delegation of Secretary of State’s functions to NHS England

(1) The Secretary of State may direct NHS England 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.”

Commencement Information

I125 Sch. 3 para. 40 not in force at Royal Assent, see s. 186(6)

Prospective

PART 2 E+W Consequential amendments

Dentists Act 1984 E+W

41 The Dentists Act 1984 is amended as follows.

Commencement Information

I126 Sch. 3 para. 41 not in force at Royal Assent, see s. 186(6)

42 In section 40 (definition of business of dentistry), in subsection (2)(aa), for “a contract under section 100 of the National Health Service Act 2006” substitute “arrangements under section 99A of the National Health Service Act 2006 or a contract under section 100 of that Act”.

Commencement Information

I127 Sch. 3 para. 42 not in force at Royal Assent, see s. 186(6)

43 In section 53 (interpretation), in subsection (3)(a)(i), for “92 or 107” substitute “83, 92, 99A or 107”.

Commencement Information

I128 Sch. 3 para. 43 not in force at Royal Assent, see s. 186(6)

Access to Health Records Act 1990 E+W

44 In section 1 of the Access to Health Records Act 1990 (“Health record” and related expressions) as it has effect under the law of England and Wales, in subsection (2)—

(a) in paragraph (a)—

(i) before “or a Local Health Board” insert “, an integrated care board”;

(ii) for “the Board” substitute “or the integrated care board or Local Health Board”;

(b) after paragraph (a) insert—

“(aza) in the case of a record made by a health professional performing such services under a contract made with NHS England or 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 NHS England or the integrated care board (or, in a case where more than one person so entered into the contract, any such person);”;

(c) in paragraph (aa)—

(i) for “92 or 107” substitute “83, 92, 99A or 107”;

(ii) before “or a Local Health Board” insert “, an integrated care board”;

(iii) for “the Board” substitute “or the integrated care board or Local Health Board”.

Commencement Information

I129 Sch. 3 para. 44 not in force at Royal Assent, see s. 186(6)

Trade Union and Labour Relations (Consolidation) Act 1992 E+W

45 In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners), for subsection (2) substitute—

“(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) in accordance with arrangements made by NHS England or an integrated care board under section 83, 92, 99A, 107 or 116A of the National Health Service Act 2006;

(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 NHS England or an integrated care board; or

(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.”

Commencement Information

I130 Sch. 3 para. 45 not in force at Royal Assent, see s. 186(6)

Health Service Commissioners Act 1993 E+W

46 In section 2A of the Health Service Commissioners Act 1993 (persons subject to investigation), in subsection (1)(c), for “92 or 107” substitute “83, 92, 99A or 107”.

Commencement Information

I131 Sch. 3 para. 46 not in force at Royal Assent, see s. 186(6)

Freedom of Information Act 2000 E+W

47 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), in paragraph 43A(a), for “92 or 107” substitute “83, 92, 99A, 107 or 116A”.

Commencement Information

I132 Sch. 3 para. 47 not in force at Royal Assent, see s. 186(6)

Health and Social Care (Community Health and Standards) Act 2003 E+W

48 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”.

Commencement Information

I133 Sch. 3 para. 48 not in force at Royal Assent, see s. 186(6)

Health Act 2006 E+W

49 In Schedule 8 to the Health Act 2006 (minor and consequential amendments), omit paragraph 30 and the italic heading above it.

Commencement Information

I134 Sch. 3 para. 49 not in force at Royal Assent, see s. 186(6)

National Health Service Act 2006 E+W

50 The National Health Service Act 2006 is amended as follows.

Commencement Information

I135 Sch. 3 para. 50 not in force at Royal Assent, see s. 186(6)

51 In section 80 (supply of goods and services by the Secretary of State and NHS bodies), in subsections (5) and (7), before “may” insert “or an integrated care board”.

Commencement Information

I136 Sch. 3 para. 51 not in force at Royal Assent, see s. 186(6)

52 (1) Section 259 (sale of medical practices) is amended as follows.

(2) In subsection (4)(e), for “83(2)” substitute “83”.

(3) In subsection (4A), for “83(2)”, in the first place it occurs, substitute “83”.

Commencement Information

I137 Sch. 3 para. 52 not in force at Royal Assent, see s. 186(6)

53 In section 276 (index of defined expressions)—

(a) in the entry relating to “primary dental services” for “section 99” substitute “section 98C”;

(b) in the entry relating to “primary medical services” for “section 83” substitute “section 82A”;

(c) in the entry relating to “primary ophthalmic services” for “section 115” substitute “section 114C”.

Commencement Information

I138 Sch. 3 para. 53 not in force at Royal Assent, see s. 186(6)

54 In Schedule 4 (NHS trusts), for paragraph 24 and the italic heading before it substitute—

“Provision of services under section 83, 92, 99A or 107

24 An NHS trust may provide services—

(a) under arrangements made under section 83 (primary medical services);

(b) under an agreement made under section 92 (primary medical services), and may do so as a member of a qualifying body (within the meaning given by section 93);

(c) under arrangements made under section 99A (primary dental services);

(d) under an agreement made under section 107 (primary dental services), and may do so as a member of a qualifying body (within the meaning given by section 108).”

Commencement Information

I139 Sch. 3 para. 54 not in force at Royal Assent, see s. 186(6)

National Health Service (Wales) Act 2006 E+W

55 (1) Section 51 (persons with whom agreement may be made under section 50 for the provision of primary medical services) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (d)(ii) after “section 64 arrangements,” insert “section 83 arrangements,”;

(b) in paragraph (e) after “a section 64 employee,” insert “a section 83 employee,”.

(3) In subsection (3)—

(a) after the definition of “section 17C employee” insert—

• ““section 83 arrangements” means arrangements for the provision of services made under section 83 of the National Health Service Act 2006,”;

(b) after the definition of “section 107 arrangements” insert—

• ““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,”.

Commencement Information

I140 Sch. 3 para. 55 not in force at Royal Assent, see s. 186(6)

56 (1) Section 65 (persons with whom agreement may be made under section 64 for the provision of primary dental services) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (d)(ii) after “section 92 arrangements,” insert “section 99A arrangements,”;

(b) in paragraph (e) after “a section 92 employee,” insert “a section 99A employee,”.

(3) In subsection (3)—

(a) after the definition of “section 92 arrangements” insert—

• ““section 99A arrangements” means arrangements for the provision of services made under section 99A of the National Health Service Act 2006,”;

(b) after the definition of “section 92 employee” insert—

• ““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,”.

Commencement Information

I141 Sch. 3 para. 56 not in force at Royal Assent, see s. 186(6)

Health Act 2009 E+W

57 In section 2 of the Health Act 2009 (duty to have regard to NHS constitution), in subsection (6)—

(a) for paragraph (a) substitute—

“(a) section 83 (arrangements for provision of primary medical services);”;

(b) after paragraph (c) insert—

“(ca) section 99A (arrangements for provision of primary dental services);”;

(c) after paragraph (e) insert—

“(ea) section 116A (arrangements for provision of primary ophthalmic services);”.

Commencement Information

I142 Sch. 3 para. 57 not in force at Royal Assent, see s. 186(6)

Domestic Abuse Act 2021 E+W

58 In section 80 of the Domestic Abuse Act 2021 (prohibition on charging for the provision of medical evidence of domestic abuse), in subsection (5)(a), for sub-paragraph (ii) substitute—

“(ii) any arrangements made under section 83 of that Act;”.

Commencement Information

I143 Sch. 3 para. 58 not in force at Royal Assent, see s. 186(6)

Section 32

SCHEDULE 4 E+W Integrated care system: minor and consequential amendments

Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 E+W

1 In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15—

(a) in the first column (headed “capacity”), for “, a clinical commissioning group,” substitute “, an integrated care board,”;

(b) in the second column (headed “paying authority”), for “, clinical commissioning group,” substitute “, integrated care board,”.

Commencement Information

I144 Sch. 4 para. 1 not in force at Royal Assent, see s. 186(6)

I145 Sch. 4 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Public Records Act 1958 E+W

2 In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in Part 1 of the Table at the end of paragraph 3—

(a) for “, clinical commissioning groups,” substitute “, integrated care boards,”;

(b) for “, a clinical commissioning group”, in both places it occurs, substitute “, an integrated care board”;

(c) for “paragraph 20 of Schedule 1A” substitute “paragraph 23 of Schedule 1B”.

Commencement Information

I146 Sch. 4 para. 2 not in force at Royal Assent, see s. 186(6)

I147 Sch. 4 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Public Bodies (Admission to Meetings) Act 1960 E+W

3 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (o) insert—

“(p) an integrated care board established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I148 Sch. 4 para. 3 not in force at Royal Assent, see s. 186(6)

I149 Sch. 4 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Leasehold Reform Act 1967 E+W

4 (1) Section 28 of the Leasehold Reform Act 1967 (land required for public purposes) is amended as follows.

(2) In subsection (5)(d), for “, any clinical commissioning group,” substitute “, any integrated care board,”.

(3) In subsection (6)(c), for “, a clinical commissioning group,” substitute “, an integrated care board,”.

Commencement Information

I150 Sch. 4 para. 4 not in force at Royal Assent, see s. 186(6)

I151 Sch. 4 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Parliamentary Commissioner Act 1967 E+W

5 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8(1) and (2), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I152 Sch. 4 para. 5 not in force at Royal Assent, see s. 186(6)

I153 Sch. 4 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health Services and Public Health Act 1968 E+W

6 The Health Services and Public Health Act 1968 is amended as follows.

Commencement Information

I154 Sch. 4 para. 6 not in force at Royal Assent, see s. 186(6)

I155 Sch. 4 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

7 In section 63 (provision of instruction for officers of hospital authorities etc), in subsections (1)(a) and (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I156 Sch. 4 para. 7 not in force at Royal Assent, see s. 186(6)

I157 Sch. 4 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I158 Sch. 4 para. 8 not in force at Royal Assent, see s. 186(6)

I159 Sch. 4 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Employers’ Liability (Compulsory Insurance) Act 1969 E+W

9 In section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a), for “, a clinical commissioning group established under section 14D” substitute “, an integrated care board established under section 14Z25”.

Commencement Information

I160 Sch. 4 para. 9 not in force at Royal Assent, see s. 186(6)

I161 Sch. 4 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Authority Social Services Act 1970 E+W

10 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed “Nature of functions”, for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I162 Sch. 4 para. 10 not in force at Royal Assent, see s. 186(6)

I163 Sch. 4 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Government Act 1972 E+W

11 (1) Section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons) is amended as follows.

(2) In subsection (1A), for “clinical commissioning group,”, in each place it occurs, substitute “integrated care board,”.

(3) In subsection (4), for ““clinical commissioning group” means a body established under section 14D” substitute ““integrated care board” means a body established under section 14Z25”.

Commencement Information

I164 Sch. 4 para. 11 not in force at Royal Assent, see s. 186(6)

I165 Sch. 4 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Safety at Work etc. Act 1974 E+W

12 In section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service), in subsection (1), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I166 Sch. 4 para. 12 not in force at Royal Assent, see s. 186(6)

I167 Sch. 4 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service (Scotland) Act 1978 E+W

13 In section 17A (NHS contracts), in subsection (2), for paragraph (jb) substitute—

“(jb) integrated care boards established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I168 Sch. 4 para. 13 not in force at Royal Assent, see s. 186(6)

I169 Sch. 4 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Mental Health Act 1983 E+W

14 The Mental Health Act 1983 is amended as follows.

Commencement Information

I170 Sch. 4 para. 14 not in force at Royal Assent, see s. 186(6)

I171 Sch. 4 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

15 In section 39 (information as to hospitals), in subsection (1), for “clinical commissioning group or”, in each place it occurs, substitute “integrated care board or”.

Commencement Information

I172 Sch. 4 para. 15 not in force at Royal Assent, see s. 186(6)

I173 Sch. 4 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

16 In section 117 (after-care), in subsections (2), (2D), (2E), (2F) and (3), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.

Commencement Information

I174 Sch. 4 para. 16 not in force at Royal Assent, see s. 186(6)

I175 Sch. 4 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

17 In section 134 (correspondence of patients), in subsection (3)(e), for “, a clinical commissioning group,” substitute “, an integrated care board,”.

Commencement Information

I176 Sch. 4 para. 17 not in force at Royal Assent, see s. 186(6)

I177 Sch. 4 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 In section 139 (protection for acts done in pursuance of this Act), in subsection (4), for “, a clinical commissioning group,” substitute “, an integrated care board,”.

Commencement Information

I178 Sch. 4 para. 18 not in force at Royal Assent, see s. 186(6)

I179 Sch. 4 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 In section 140 (notification of hospitals having arrangements for special cases) for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.

Commencement Information

I180 Sch. 4 para. 19 not in force at Royal Assent, see s. 186(6)

I181 Sch. 4 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Acquisition of Land Act 1981 E+W

20 The Acquisition of Land Act 1981 is amended as follows.

Commencement Information

I182 Sch. 4 para. 20 not in force at Royal Assent, see s. 186(6)

I183 Sch. 4 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 In section 16 (statutory undertakers’ land excluded from compulsory purchase), in subsection (3), for paragraph (ab) substitute—

“(ab) an integrated care board established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I184 Sch. 4 para. 21 not in force at Royal Assent, see s. 186(6)

I185 Sch. 4 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

22 In section 17 (local authority and statutory undertakers’ land), in subsection (4), in the definition of “statutory undertakers” for paragraph (af) substitute—

“(“af)

an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.

Commencement Information

I186 Sch. 4 para. 22 not in force at Royal Assent, see s. 186(6)

I187 Sch. 4 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

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

23 The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

Commencement Information

I188 Sch. 4 para. 23 not in force at Royal Assent, see s. 186(6)

I189 Sch. 4 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 (1) Section 2 (rights of authorised representatives of disabled persons) is amended as follows.

(2) In subsection (5)(a), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (9), in paragraph (a) of the definition of “health authority”, for “, a clinical commissioning group or” substitute “, an integrated care board or”.

Commencement Information

I190 Sch. 4 para. 24 not in force at Royal Assent, see s. 186(6)

I191 Sch. 4 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

25 (1) Section 7 (persons discharged from hospital) is amended as follows.

(2) In subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (9), in paragraph (a) of the definition of “health authority”, for “a clinical commissioning group”, substitute “an integrated care board”.

Commencement Information

I192 Sch. 4 para. 25 not in force at Royal Assent, see s. 186(6)

I193 Sch. 4 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Copyright, Designs and Patents Act 1988 E+W

26 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), for “, a clinical commissioning group established under section 14D of the National Health Service Act 2006,” substitute “, an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.

Commencement Information

I194 Sch. 4 para. 26 not in force at Royal Assent, see s. 186(6)

I195 Sch. 4 para. 26 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Children Act 1989 E+W

27 The Children Act 1989 is amended as follows.

Commencement Information

I196 Sch. 4 para. 27 not in force at Royal Assent, see s. 186(6)

I197 Sch. 4 para. 27 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

28 In section 21 (provision for accommodation for children in police protection or detention or on remand, etc), in subsection (3), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I198 Sch. 4 para. 28 not in force at Royal Assent, see s. 186(6)

I199 Sch. 4 para. 28 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

29 In section 24 (persons qualifying for advice and assistance), in subsection (2)(d)(ii), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I200 Sch. 4 para. 29 not in force at Royal Assent, see s. 186(6)

I201 Sch. 4 para. 29 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

30 In section 24C (information), in subsection (2)(c), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I202 Sch. 4 para. 30 not in force at Royal Assent, see s. 186(6)

I203 Sch. 4 para. 30 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

31 In section 27 (co-operation between authorities), in subsection (3)(d), for “clinical commissioning group,” substitute “integrated care board,”.

Commencement Information

I204 Sch. 4 para. 31 not in force at Royal Assent, see s. 186(6)

I205 Sch. 4 para. 31 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

32 In section 29 (recoupment of cost of providing services etc), in subsection (8)(c), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I206 Sch. 4 para. 32 not in force at Royal Assent, see s. 186(6)

I207 Sch. 4 para. 32 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

33 In section 47 (local authority’s duty to investigate), in subsection (11)(d), for “clinical commissioning group,” substitute “integrated care board,”.

Commencement Information

I208 Sch. 4 para. 33 not in force at Royal Assent, see s. 186(6)

I209 Sch. 4 para. 33 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

34 In section 80 (inspection of children’s homes etc by persons authorised by the Appropriate National Authority), in subsections (1)(d) and (5)(ea), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I210 Sch. 4 para. 34 not in force at Royal Assent, see s. 186(6)

I211 Sch. 4 para. 34 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

35 In section 85 (children accommodated by health authorities and local education authorities), in subsection (2ZA)—

(a) in paragraph (b), for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the words after paragraph (b), for “the clinical commissioning group” substitute “the integrated care board”.

Commencement Information

I212 Sch. 4 para. 35 not in force at Royal Assent, see s. 186(6)

I213 Sch. 4 para. 35 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

36 In section 105 (interpretation), in subsection (1)—

(a) omit the definition of “clinical commissioning group”;

(b) at the appropriate place insert—

• ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I214 Sch. 4 para. 36 not in force at Royal Assent, see s. 186(6)

I215 Sch. 4 para. 36 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service and Community Care Act 1990 E+W

37 In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), in the words after paragraph (b) for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”.

Commencement Information

I216 Sch. 4 para. 37 not in force at Royal Assent, see s. 186(6)

I217 Sch. 4 para. 37 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

London Local Authorities Act 1991 E+W

38 In section 4 of the London Local Authorities Act 1991 (interpretation of Part 2), in paragraph (d) of the definition of “establishment for special treatment”, for “a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)” substitute “an integrated care board under the National Health Service Act 2006”.

Commencement Information

I218 Sch. 4 para. 38 not in force at Royal Assent, see s. 186(6)

I219 Sch. 4 para. 38 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health Service Commissioners Act 1993 E+W

39 In section 2 of the Health Service Commissioners Act 1993 (the bodies subject to investigation), in subsection (1), for paragraph (dd) substitute—

“(dd) integrated care boards,”.

Commencement Information

I220 Sch. 4 para. 39 not in force at Royal Assent, see s. 186(6)

I221 Sch. 4 para. 39 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30, 31)

Value Added Tax Act 1994 E+W

40 The Value Added Tax Act 1994 is amended as follows.

Commencement Information

I222 Sch. 4 para. 40 not in force at Royal Assent, see s. 186(6)

I223 Sch. 4 para. 40 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

41 In section 41 (application to the Crown), in subsection (7), for paragraph (f) substitute—

“(f) an integrated care board,”.

Commencement Information

I224 Sch. 4 para. 41 not in force at Royal Assent, see s. 186(6)

I225 Sch. 4 para. 41 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

42 (1) Schedule 8 (zero-rating) is amended as follows.

(2) In Group 12, in Note (5H), for paragraph (ea) substitute—

“(ea) an integrated care board established under section 14Z25 of the National Health Service Act 2006;”.

(3) In Group 15, in Note (4), for paragraph (j) substitute—

“(j) an integrated care board established under section 14Z25 of the National Health Service Act 2006.”

Commencement Information

I226 Sch. 4 para. 42 not in force at Royal Assent, see s. 186(6)

I227 Sch. 4 para. 42 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Education Act 1996 E+W

43 The Education Act 1996 is amended as follows.

Commencement Information

I228 Sch. 4 para. 43 not in force at Royal Assent, see s. 186(6)

I229 Sch. 4 para. 43 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

44 In section 322 (duty of certain bodies to help local authority), in subsections (1), (3)(a) and (4), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I230 Sch. 4 para. 44 not in force at Royal Assent, see s. 186(6)

I231 Sch. 4 para. 44 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

45 In section 332 (duty of Local Health Board, a Primary Care Trust or National Health Service trust to notify parent etc), in subsection (1), for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I232 Sch. 4 para. 45 not in force at Royal Assent, see s. 186(6)

I233 Sch. 4 para. 45 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Employment Rights Act 1996 E+W

46 The Employment Rights Act 1996 is amended as follows.

Commencement Information

I234 Sch. 4 para. 46 not in force at Royal Assent, see s. 186(6)

I235 Sch. 4 para. 46 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

47 In section 49B (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), for paragraph (b) substitute—

“(b) an integrated care board;”.

Commencement Information

I236 Sch. 4 para. 47 not in force at Royal Assent, see s. 186(6)

I237 Sch. 4 para. 47 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

48 In section 50 (right to time off for public duties), in subsection (8), for paragraph (zb) substitute—

“(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.

Commencement Information

I238 Sch. 4 para. 48 not in force at Royal Assent, see s. 186(6)

I239 Sch. 4 para. 48 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

49 In section 218 (change of employer), in subsection (10), for paragraph (zb) substitute—

“(zb) an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.

Commencement Information

I240 Sch. 4 para. 49 not in force at Royal Assent, see s. 186(6)

I241 Sch. 4 para. 49 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Housing Grants, Construction and Regeneration Act 1996 E+W

50 In section 3 of the Housing Grants, Construction and Regeneration Act 1996 (ineligible applicants for grants), in subsection (2)(f), for “, a clinical commissioning group,” substitute “, an integrated care board,”.

Commencement Information

I242 Sch. 4 para. 50 not in force at Royal Assent, see s. 186(6)

I243 Sch. 4 para. 50 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Crime and Disorder Act 1998 E+W

51 The Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I244 Sch. 4 para. 51 not in force at Royal Assent, see s. 186(6)

I245 Sch. 4 para. 51 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

52 In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I246 Sch. 4 para. 52 not in force at Royal Assent, see s. 186(6)

I247 Sch. 4 para. 52 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

53 In section 38 (local provision of youth justice services), in subsection (2)(b), for “, clinical commissioning group or” substitute “, integrated care board or”.

Commencement Information

I248 Sch. 4 para. 53 not in force at Royal Assent, see s. 186(6)

I249 Sch. 4 para. 53 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

54 (1) Section 39 (youth offending teams) is amended as follows.

(2) In subsection (3)(b), for “, clinical commissioning group or” substitute “, integrated care board or”.

(3) In subsection (5)(d), for “a clinical commissioning group or” substitute “an integrated care board or”.

Commencement Information

I250 Sch. 4 para. 54 not in force at Royal Assent, see s. 186(6)

I251 Sch. 4 para. 54 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

55 In section 41 (the Youth Justice Board), in subsection (10), for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I252 Sch. 4 para. 55 not in force at Royal Assent, see s. 186(6)

I253 Sch. 4 para. 55 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

56 In section 42 (supplementary provision), in subsection (3), for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I254 Sch. 4 para. 56 not in force at Royal Assent, see s. 186(6)

I255 Sch. 4 para. 56 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

57 In section 115 (disclosure of information), in subsection (2), for paragraph (fb) substitute—

“(fb) an integrated care board;”.

Commencement Information

I256 Sch. 4 para. 57 not in force at Royal Assent, see s. 186(6)

I257 Sch. 4 para. 57 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Greater London Authority Act 1999 E+W

58 In section 309E of the Greater London Authority Act 1999 (the Mayor’s health inequalities strategy), in subsection (5), for paragraph (gc) substitute—

“(gc) any integrated care board (established under section 14Z25 of the National Health Service Act 2006) for an area wholly or partly in Greater London,”.

Commencement Information

I258 Sch. 4 para. 58 not in force at Royal Assent, see s. 186(6)

I259 Sch. 4 para. 58 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health Act 1999 E+W

59 In section 61 of the Health Act 1999 (English and Scottish border provisions), in subsections (2) and (5), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.

Commencement Information

I260 Sch. 4 para. 59 not in force at Royal Assent, see s. 186(6)

I261 Sch. 4 para. 59 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Freedom of Information Act 2000 E+W

60 In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales), for paragraph 37B substitute—

“37B An integrated care board established under section 14Z25 of the National Health Service Act 2006.”

Commencement Information

I262 Sch. 4 para. 60 not in force at Royal Assent, see s. 186(6)

I263 Sch. 4 para. 60 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Government Act 2000 E+W

61 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), for paragraph (za) substitute—

“(za) an integrated care board,”.

Commencement Information

I264 Sch. 4 para. 61 not in force at Royal Assent, see s. 186(6)

I265 Sch. 4 para. 61 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Adoption and Children Act 2002 E+W

62 The Adoption and Children Act 2002 is amended as follows.

Commencement Information

I266 Sch. 4 para. 62 not in force at Royal Assent, see s. 186(6)

I267 Sch. 4 para. 62 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

63 In section 4 (assessments etc for adoption support services), in subsection (9), in the words after paragraph (b), for “clinical commissioning group,” substitute “integrated care board,”.

Commencement Information

I268 Sch. 4 para. 63 not in force at Royal Assent, see s. 186(6)

I269 Sch. 4 para. 63 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

64 In section 8 (adoption support agencies), in subsection (2)(d), for “, clinical commissioning group” substitute “, integrated care board”.

Commencement Information

I270 Sch. 4 para. 64 not in force at Royal Assent, see s. 186(6)

I271 Sch. 4 para. 64 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

International Development Act 2002 E+W

65 In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)—

(a) omit the entry for a clinical commissioning group;

(b) before the entry for “A Health Board” insert—

• “An integrated care board”.

Commencement Information

I272 Sch. 4 para. 65 not in force at Royal Assent, see s. 186(6)

I273 Sch. 4 para. 65 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Nationality, Immigration and Asylum Act 2002 E+W

66 In section 133 of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in subsection (4)(a), for sub-paragraph (ib) substitute—

“(ib) an integrated care board established under section 14Z25 of the National Health Service Act 2006,”.

Commencement Information

I274 Sch. 4 para. 66 not in force at Royal Assent, see s. 186(6)

I275 Sch. 4 para. 66 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Criminal Justice Act 2003 E+W

67 In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders), in subsection (6)(g), for “clinical commissioning group or” substitute “integrated care board or”.

Commencement Information

I276 Sch. 4 para. 67 not in force at Royal Assent, see s. 186(6)

I277 Sch. 4 para. 67 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Finance Act 2003 E+W

68 In section 67A of the Finance Act 2003 (acquisitions by certain health service bodies), in subsection (1), for paragraph (b) substitute—

“(b) an integrated care board established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I278 Sch. 4 para. 68 not in force at Royal Assent, see s. 186(6)

I279 Sch. 4 para. 68 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care (Community Health and Standards) Act 2003 E+W

69 The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

Commencement Information

I280 Sch. 4 para. 69 not in force at Royal Assent, see s. 186(6)

I281 Sch. 4 para. 69 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

70 In section 148 (interpretation of Part 2), in the definition of “English NHS body”, for paragraph (cb) substitute—

“(“cb)

an integrated care board;”.

Commencement Information

I282 Sch. 4 para. 70 not in force at Royal Assent, see s. 186(6)

I283 Sch. 4 para. 70 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

71 In section 160 (provision of information), in subsection (1)(h)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the clinical commissioning group” substitute “the integrated care board”.

Commencement Information

I284 Sch. 4 para. 71 not in force at Royal Assent, see s. 186(6)

I285 Sch. 4 para. 71 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

72 In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b), for sub-paragraph (ib) substitute—

“(ib) an integrated care board,”.

Commencement Information

I286 Sch. 4 para. 72 not in force at Royal Assent, see s. 186(6)

I287 Sch. 4 para. 72 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Children Act 2004 E+W

73 The Children Act 2004 is amended as follows.

Commencement Information

I288 Sch. 4 para. 73 not in force at Royal Assent, see s. 186(6)

I289 Sch. 4 para. 73 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

74 In section 10 (co-operation to improve wellbeing), in subsection (4)(db), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I290 Sch. 4 para. 74 not in force at Royal Assent, see s. 186(6)

I291 Sch. 4 para. 74 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

75 In section 11 (arrangements to safeguard and promote welfare), in subsection (1), for paragraph (bb) substitute—

“(bb) an integrated care board;”.

Commencement Information

I292 Sch. 4 para. 75 not in force at Royal Assent, see s. 186(6)

I293 Sch. 4 para. 75 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

76 In section 16E (local arrangements for safeguarding and promoting welfare of children), in subsection (3), in paragraph (b) of the definition of “safeguarding partner” for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I294 Sch. 4 para. 76 not in force at Royal Assent, see s. 186(6)

I295 Sch. 4 para. 76 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

77 In section 16J (combining safeguarding partner areas and delegating functions), for subsection (4) substitute—

“(4) Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.”

Commencement Information

I296 Sch. 4 para. 77 not in force at Royal Assent, see s. 186(6)

I297 Sch. 4 para. 77 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

78 In section 16P (combining child death review partner areas and delegating functions), for subsection (4) substitute—

“(4) Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.”

Commencement Information

I298 Sch. 4 para. 78 not in force at Royal Assent, see s. 186(6)

I299 Sch. 4 para. 78 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

79 In section 16Q (guidance and interpretation), in subsection (2)(b), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I300 Sch. 4 para. 79 not in force at Royal Assent, see s. 186(6)

I301 Sch. 4 para. 79 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Civil Contingencies Act 2004 E+W

80 (1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.

(2) After paragraph 4A insert—

“4B An integrated care board established under section 14Z25 of the National Health Service Act 2006.”

(3) Omit paragraph 29ZA.

Commencement Information

I302 Sch. 4 para. 80 not in force at Royal Assent, see s. 186(6)

I303 Sch. 4 para. 80 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Domestic Violence, Crime and Victims Act 2004 E+W

81 In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a), for the entry relating to clinical commissioning groups substitute—

• “integrated care boards established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I304 Sch. 4 para. 81 not in force at Royal Assent, see s. 186(6)

I305 Sch. 4 para. 81 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Mental Capacity Act 2005 E+W

82 (1) Schedule AA1 to the Mental Capacity Act 2005 (deprivation of liberty: authorisation of arrangements enabling care and treatment) is amended as follows.

(2) In paragraph 3—

(a) omit the definition of “clinical commissioning group”;

(b) at the appropriate place insert—

• ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”.”.

(3) In paragraph 6(1)(d)—

(a) in sub-paragraph (i), for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the words after sub-paragraph (ii), for “clinical commissioning group” substitute “integrated care board”.

(4) In paragraph 11, for sub-paragraph (b) substitute—

“(b) an integrated care board;”.

(5) In paragraph 14(1), for paragraph (b) substitute—

“(b) each integrated care board;”.

Commencement Information

I306 Sch. 4 para. 82 not in force at Royal Assent, see s. 186(6)

I307 Sch. 4 para. 82 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Armed Forces Act 2006 E+W

83 (1) Section 343AA of the Armed Forces Act 2006 (due regard to principles: England) (as inserted by section 8(3) of the Armed Forces Act 2021) is amended as follows.

(2) In subsection (3), for paragraph (h) substitute—

“(h) an integrated care board;”.

(3) In subsection (8)—

(a) omit the definition of “clinical commissioning group”;

(b) at the appropriate place insert—

• ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I308 Sch. 4 para. 83 not in force at Royal Assent, see s. 186(6)

I309 Sch. 4 para. 83 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Childcare Act 2006 E+W

84 In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I310 Sch. 4 para. 84 not in force at Royal Assent, see s. 186(6)

I311 Sch. 4 para. 84 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Emergency Workers (Obstruction) Act 2006 E+W

85 In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers), in subsection (5)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I312 Sch. 4 para. 85 not in force at Royal Assent, see s. 186(6)

I313 Sch. 4 para. 85 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service Act 2006 E+W

86 The National Health Service Act 2006 is amended as follows.

Commencement Information

I314 Sch. 4 para. 86 not in force at Royal Assent, see s. 186(6)

I315 Sch. 4 para. 86 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

87 In section 1H (NHS England and its general functions), in subsection (3)(b), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I316 Sch. 4 para. 87 not in force at Royal Assent, see s. 186(6)

I317 Sch. 4 para. 87 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

88 (1) Section 6 (performance of functions outside England) is amended as follows.

(2) In subsection (1A), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (2), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I318 Sch. 4 para. 88 not in force at Royal Assent, see s. 186(6)

I319 Sch. 4 para. 88 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

89 (1) Section 6E (regulations as to the exercise of functions) is amended as follows.

(2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.

(3) In subsections (1) and (2), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.

(4) In subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”.

(5) In subsections (4)(a) and (c), (5)(a) and (b) and (7), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.

(6) In subsection (8), for “clinical commissioning group” substitute “integrated care board”.

(7) In subsection (10)(a) and (b), for “clinical commissioning groups”, in each place it occurs, substitute “integrated care boards”.

Commencement Information

I320 Sch. 4 para. 89 not in force at Royal Assent, see s. 186(6)

I321 Sch. 4 para. 89 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

90 In section 9 (NHS contracts), in subsection (4), for paragraph (zb) substitute—

“(zb) an integrated care board,”.

Commencement Information

I322 Sch. 4 para. 90 not in force at Royal Assent, see s. 186(6)

I323 Sch. 4 para. 90 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

91 (1) Section 12 (arrangements with other bodies) is amended as follows.

(2) In subsection (2), for paragraph (b) substitute—

“(b) integrated care boards,”.

(3) In subsection (4), for paragraph (ab) substitute—

“(ab) an integrated care board,”.

Commencement Information

I324 Sch. 4 para. 91 not in force at Royal Assent, see s. 186(6)

I325 Sch. 4 para. 91 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

92 (1) Section 12ZA (commissioning arrangements) is amended as follows.

(2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.

(3) In subsections (1), (3) and (4), for “a clinical commissioning group” substitute “an integrated care board”.

(4) In subsection (5), for paragraph (c) substitute—

“(c) an integrated care board,”.

(5) In subsection (9), in the definition of “service provider”, for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I326 Sch. 4 para. 92 not in force at Royal Assent, see s. 186(6)

I327 Sch. 4 para. 92 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

93 (1) Section 12A (direct payments for health care) is amended as follows.

(2) In subsections (1) and (2)(aa), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (4)—

(a) for “a clinical commissioning group”, in both places it occurs, substitute “an integrated care board”;

(b) for “the group” substitute “the board”.

Commencement Information

I328 Sch. 4 para. 93 not in force at Royal Assent, see s. 186(6)

I329 Sch. 4 para. 93 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

94 In section 12B (regulations about direct payments), in subsections (2)(d), (g), (h) and (j), (4) and (5)(a) and (b), for “a clinical commissioning group”, in each place it occurs, substitute “an integrated care board”.

Commencement Information

I330 Sch. 4 para. 94 not in force at Royal Assent, see s. 186(6)

I331 Sch. 4 para. 94 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

95 In section 12D (arrangements with other bodies relating to direct payments), in subsections (1) and (3), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I332 Sch. 4 para. 95 not in force at Royal Assent, see s. 186(6)

I333 Sch. 4 para. 95 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

96 In section 13A (mandate), in subsection (6), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I334 Sch. 4 para. 96 not in force at Royal Assent, see s. 186(6)

I335 Sch. 4 para. 96 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

97 In section 13N (duty as to promoting integration), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I336 Sch. 4 para. 97 not in force at Royal Assent, see s. 186(6)

I337 Sch. 4 para. 97 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

98 In section 13R (information on safety of services provided by the health service), in subsection (6), for “A clinical commissioning group” substitute “An integrated care board”.

Commencement Information

I338 Sch. 4 para. 98 not in force at Royal Assent, see s. 186(6)

I339 Sch. 4 para. 98 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

99 In section 13V (pooled funds), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I340 Sch. 4 para. 99 not in force at Royal Assent, see s. 186(6)

I341 Sch. 4 para. 99 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

100 In Part 2, omit Chapter A2 (clinical commissioning groups).

Commencement Information

I342 Sch. 4 para. 100 not in force at Royal Assent, see s. 186(6)

I343 Sch. 4 para. 100 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 23, 24, 28, 29, 30)

101 In section 71 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2), for paragraph (zb) substitute—

“(zb) integrated care boards,”.

Commencement Information

I344 Sch. 4 para. 101 not in force at Royal Assent, see s. 186(6)

I345 Sch. 4 para. 101 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

102 In section 74 (supply of goods and services by local authorities), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I346 Sch. 4 para. 102 not in force at Royal Assent, see s. 186(6)

I347 Sch. 4 para. 102 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

103 In section 76 (power of local authorities to make payments), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I348 Sch. 4 para. 103 not in force at Royal Assent, see s. 186(6)

I349 Sch. 4 para. 103 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

104 (1) Section 77 (care trusts) is amended as follows.

(2) In subsection (1), in paragraph (a), for “an NHS trust or a clinical commissioning group” substitute “an integrated care board, an NHS trust”.

(3) In subsection (10), for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”.

(4) In subsection (12), in the definition of “NHS functions”, for “NHS trust or clinical commissioning group” substitute “an integrated care board, NHS trust”.

Commencement Information

I350 Sch. 4 para. 104 not in force at Royal Assent, see s. 186(6)

I351 Sch. 4 para. 104 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

105 (1) In section 80 (supply of goods and services by the Secretary of State, the Board and clinical commissioning groups) is amended as follows.

(2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.

(3) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

(4) For subsection (3A) substitute—

“(3A) NHS England or an integrated care board may make available to persons falling within subsection (1)—

(a) any facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act;

(b) any facilities of NHS England or (as the case may be) the integrated care board;

(c) the services of persons employed by NHS England or (as the case may be) the integrated care board.”

(5) In subsection (4), for “a clinical commissioning group” substitute “an integrated care board”.

(6) For subsection (6A) substitute—

“(6A) NHS England and each integrated care board must make available to local authorities—

(a) any services (other than the services of any person) or other facilities the provision of which is arranged by NHS England or (as the case may be) the integrated care board in pursuance of its functions under this Act;

(b) the services of persons employed by NHS England or (as the case may be) the integrated care board;

(c) any facilities of NHS England or (as the case may be) the integrated care board,

so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health.”

(7) In subsection (9)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the clinical commissioning group” substitute “the integrated care board in the exercise of its functions”.

(8) Omit subsection (10).

Commencement Information

I352 Sch. 4 para. 105 not in force at Royal Assent, see s. 186(6)

I353 Sch. 4 para. 105 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

106 In section 183 (payment of travelling expenses), in paragraphs (a), (b) and (c), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I354 Sch. 4 para. 106 not in force at Royal Assent, see s. 186(6)

I355 Sch. 4 para. 106 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

107 In section 185 (charges for more expensive supplies), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I356 Sch. 4 para. 107 not in force at Royal Assent, see s. 186(6)

I357 Sch. 4 para. 107 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

108 In section 186 (charges for repairs and replacements in certain cases), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I358 Sch. 4 para. 108 not in force at Royal Assent, see s. 186(6)

I359 Sch. 4 para. 108 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

109 In section 187 (charges for designated services or facilities), for “section 3(1)(d) or (e)” substitute “section 3(1)(e) or (f)”.

Commencement Information

I360 Sch. 4 para. 109 not in force at Royal Assent, see s. 186(6)

I361 Sch. 4 para. 109 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

110 In section 188 (sums otherwise payable to those providing services), in subsection (2), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I362 Sch. 4 para. 110 not in force at Royal Assent, see s. 186(6)

I363 Sch. 4 para. 110 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

111 In section 196 (persons and bodies about which provision is made by this Part), in subsection (3), for paragraph (zb) substitute—

“(zb) an integrated care board,”.

Commencement Information

I364 Sch. 4 para. 111 not in force at Royal Assent, see s. 186(6)

I365 Sch. 4 para. 111 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

112 In section 201 (disclosure of information), in subsection (3)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I366 Sch. 4 para. 112 not in force at Royal Assent, see s. 186(6)

I367 Sch. 4 para. 112 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

113 In section 214 (transfer of functions and property to or from Welsh special trustees), in subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I368 Sch. 4 para. 113 not in force at Royal Assent, see s. 186(6)

I369 Sch. 4 para. 113 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

114 In section 222 (power to raise money), in subsection (3A)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I370 Sch. 4 para. 114 not in force at Royal Assent, see s. 186(6)

I371 Sch. 4 para. 114 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

115 For section 223A (application of provision about public-private partnerships) substitute—

“223A Application of section 223 to integrated care boards

(1) Section 223 applies in relation to an integrated care board as it applies in relation to NHS England.

(2) But the powers conferred by that section are exercisable by an integrated care board only for the purpose of securing improvement—

(a) in the physical and mental health of the group of people for whom it has core responsibility (see section 14Z31), or

(b) in the prevention, diagnosis and treatment of illness in such people.”

Commencement Information

I372 Sch. 4 para. 115 not in force at Royal Assent, see s. 186(6)

I373 Sch. 4 para. 115 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

116 In section 223B (funding of NHS England), in subsection (8), for “14Z1” substitute “14Z42”.

Commencement Information

I374 Sch. 4 para. 116 not in force at Royal Assent, see s. 186(6)

I375 Sch. 4 para. 116 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

117 In section 223F (power to establish contingency fund), in subsection (2)(b), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I376 Sch. 4 para. 117 not in force at Royal Assent, see s. 186(6)

I377 Sch. 4 para. 117 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

118 (1) Section 223G (means of meeting expenditure of clinical commissioning groups out of public funds) is amended as follows.

(2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.

(3) In subsection (1)—

(a) for “clinical commissioning group” substitute “integrated care board”;

(b) for “the group”, in both places it occurs, substitute “the board”.

(4) In subsection (2)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) in paragraph (a), for “clinical commissioning group” substitute “integrated care board”.

(5) In subsection (3)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the group” substitute “the board”.

(6) In subsections (5) and (6), for “a clinical commissioning group” substitute “an integrated care board”.

(7) In subsection (7), for “clinical commissioning groups” substitute “integrated care boards”.

(8) Omit subsection (8).

Commencement Information

I378 Sch. 4 para. 118 not in force at Royal Assent, see s. 186(6)

I379 Sch. 4 para. 118 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

119 (1) Section 223GA (expenditure on integration) is amended as follows.

(2) In subsection (3), for “the group” substitute “the integrated care board”.

(3) In subsection (4)(a)—

(a) for “the group” substitute “the integrated care board”;

(b) for “clinical commissioning group” substitute “integrated care board”.

(4) In subsections (5)(c) and (6)(b), for “clinical commissioning group” substitute “integrated care board”.

(5) In subsections (10)(b) and (11), for “14Z1” substitute “14Z42”.

Commencement Information

I380 Sch. 4 para. 119 not in force at Royal Assent, see s. 186(6)

I381 Sch. 4 para. 119 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

120 (1) Section 223K (payments in respect of quality) is amended as follows.

(2) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (6), omit the words from “(which may include” to the end.

(4) In subsection (7)—

(a) for “A clinical commissioning group” substitute “An integrated care board”;

(b) for “the group” substitute “the board”.

Commencement Information

I382 Sch. 4 para. 120 not in force at Royal Assent, see s. 186(6)

I383 Sch. 4 para. 120 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

121 (1) Section 236 (payments for certain medical examinations) is amended as follows.

(2) In subsection (1), for “clinical commissioning group” substitute “integrated care board”.

(3) In subsection (2)(b)(ii), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I384 Sch. 4 para. 121 not in force at Royal Assent, see s. 186(6)

I385 Sch. 4 para. 121 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

122 (1) Section 244 (review and scrutiny by local authorities) is amended as follows

(2) In subsection (2ZA)(c) and (d), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (3A), for paragraph (a) substitute—

“(a) in relation to an integrated care board, includes a person who is not a member of the board but is a member of a committee or sub-committee of it;”.

(4) Omit subsection (3B).

Commencement Information

I386 Sch. 4 para. 122 not in force at Royal Assent, see s. 186(6)

I387 Sch. 4 para. 122 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

123 In the italic heading before section 252A, for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I388 Sch. 4 para. 123 not in force at Royal Assent, see s. 186(6)

I389 Sch. 4 para. 123 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

124 (1) In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies).

(2) In the heading, for “clinical commissioning groups” substitute “integrated care boards”.

(3) In subsections (1), (2) and (3), for “clinical commissioning group” substitute “integrated care board”.

(4) In subsection (6), for “clinical commissioning groups” substitute “integrated care boards”.

(5) In subsection (10), in the definition of “relevant emergency”, in paragraph (a)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the group” substitute “the board”.

Commencement Information

I390 Sch. 4 para. 124 not in force at Royal Assent, see s. 186(6)

I391 Sch. 4 para. 124 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

125 (1) Section 256 (power of NHS England or a clinical commissioning group to make payments towards expenditure on community services) is amended as follows.

(2) In the heading, for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

(4) In subsection (3)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the clinical commissioning group” substitute “the integrated care board”.

Commencement Information

I392 Sch. 4 para. 125 not in force at Royal Assent, see s. 186(6)

I393 Sch. 4 para. 125 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

126 In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I394 Sch. 4 para. 126 not in force at Royal Assent, see s. 186(6)

I395 Sch. 4 para. 126 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

127 (1) Section 258 (university clinical teaching and research) is amended as follows.

(2) In subsection (1), for “clinical commissioning group”, in both places it occurs, substitute “integrated care board”.

(3) In subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I396 Sch. 4 para. 127 not in force at Royal Assent, see s. 186(6)

I397 Sch. 4 para. 127 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

128 In section 269 (special notices of births and deaths), in subsection (11), for paragraph (b) substitute—

“(b) integrated care boards,”.

Commencement Information

I398 Sch. 4 para. 128 not in force at Royal Assent, see s. 186(6)

I399 Sch. 4 para. 128 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

129 In section 270 (provision of information by Registrar General), in subsection (1), for paragraph (c) substitute—

“(c) an integrated care board,”.

Commencement Information

I400 Sch. 4 para. 129 not in force at Royal Assent, see s. 186(6)

I401 Sch. 4 para. 129 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

130 In section 271A (services to be treated as services of the Crown for certain purposes), in subsection (2)(a), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I402 Sch. 4 para. 130 not in force at Royal Assent, see s. 186(6)

I403 Sch. 4 para. 130 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

131 (1) Section 272 (orders, regulations, rules and directions) is amended as follows.

(2) In subsection (5), omit paragraph (za).

(3) In subsection (6), omit paragraph (zza).

Commencement Information

I404 Sch. 4 para. 131 not in force at Royal Assent, see s. 186(6)

I405 Sch. 4 para. 131 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

132 In section 275 (interpretation), in subsection (1)—

(a) omit the definition of “clinical commissioning group”;

(b) in the definition of “financial year”, after “any year” insert “(except that in relation to an integrated care board it has the meaning given by section 14Z52(8))”;

(c) at the appropriate places insert—

• ““integrated care board” means a body established under section 14Z25,”;

• ““information” includes documents or records,”;

(d) in the definition of “NHS body”, for paragraph (b) substitute—

“(b)

an integrated care board,”.

Commencement Information

I406 Sch. 4 para. 132 not in force at Royal Assent, see s. 186(6)

I407 Sch. 4 para. 132 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

133 In section 276 (index of defined expressions), in the appropriate places insert—

“group of people for whom an integrated care board has core responsibility

section 14Z31”

“partner, in relation to an NHS trust or NHS foundation trust and an integrated care board

section 14Z48”.

Commencement Information

I408 Sch. 4 para. 133 not in force at Royal Assent, see s. 186(6)

I409 Sch. 4 para. 133 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

134 (1) Schedule A1 (NHS England) is amended as follows.

(2) In paragraph 16(2)(b), for “clinical commissioning group” substitute “integrated care board”.

(3) In paragraph 17(2)(b)—

(a) for “clinical commissioning groups” substitute “integrated care boards”;

(b) for “paragraph 17(3) of Schedule 1A” substitute “paragraph 22(3) of Schedule 1B”.

Commencement Information

I410 Sch. 4 para. 134 not in force at Royal Assent, see s. 186(6)

I411 Sch. 4 para. 134 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 26, 27, 29, 30)

135 (1) Schedule 1 (further provision about services) is amended as follows.

(2) For paragraph 9 substitute—

“9(1) An integrated care board may make arrangements for the provision of vehicles (including wheelchairs) for people for whom the board has responsibility and who appear to it to have a physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

(2) 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 vehicle).”

(3) In paragraph 10—

(a) in sub-paragraph (2), for “clinical commissioning group” substitute “integrated care board”;

(b) in sub-paragraph (3), for “A clinical commissioning group” substitute “An integrated care board”;

(c) in sub-paragraph (5), for “clinical commissioning group” substitute “integrated care board”.

(4) In paragraph 13—

(a) in sub-paragraph (1)—

(i) for “a clinical commissioning group” substitute “an integrated care board”;

(ii) in paragraph (b), for “clinical commissioning group” substitute “integrated care board”;

(b) in sub-paragraph (3), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I412 Sch. 4 para. 135 not in force at Royal Assent, see s. 186(6)

I413 Sch. 4 para. 135 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

136 In Schedule 4 (NHS trusts: constitution etc), in paragraph 12, after sub-paragraph (1) insert—

“(1A) The annual report must, in particular, review the extent to which the NHS trust has exercised its functions in accordance with the plans published under—

(a) section 14Z52 (joint forward plans for integrated care board and its partners), and

(b) section 14Z56 (joint capital resource use plan for integrated care board and its partners).”

Commencement Information

I414 Sch. 4 para. 136 not in force at Royal Assent, see s. 186(6)

I415 Sch. 4 para. 136 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 16(b), 29, 30)

137 In Schedule 7 (constitution of public benefit corporations), in paragraph 26, after sub-paragraph (1) insert—

“(1A) The reports must, in particular, review the extent to which the public benefit corporation has exercised its functions in accordance with the plans published under—

(a) section 14Z52 (joint forward plans for integrated care board and its partners), and

(b) section 14Z56 (joint capital resource use plan for integrated care board and its partners).”

Commencement Information

I416 Sch. 4 para. 137 not in force at Royal Assent, see s. 186(6)

I417 Sch. 4 para. 137 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

138 In Schedule 12A (pharmaceutical remuneration), in paragraph 2—

(a) in the heading for “clinical commissioning groups” substitute “integrated care boards”;

(b) in sub-paragraph (3), for “clinical commissioning group” substitute “integrated care board”;

(c) in sub-paragraph (4), for “clinical commissioning groups” substitute “integrated care boards”;

(d) in sub-paragraph (5), for “clinical commissioning group” substitute “integrated care board”;

(e) in sub-paragraph (6)—

(i) for “a clinical commissioning group” substitute “an integrated care board”;

(ii) in paragraphs (a) and (b), for “the group”, in both places it occurs, substitute “the board”;

(f) in sub-paragraph (8), for “a clinical commissioning group” substitute “an integrated care board”;

(g) for sub-paragraph (9) substitute—

“(9) For the purposes of sections 223GC and 223M(1)(b) and paragraph 22 of Schedule 1B, any amount of which an integrated care board is notified under sub-paragraph (6) is to be treated as expenditure of the group which is attributable to the performance by it of its functions in the year in question.”

Commencement Information

I418 Sch. 4 para. 138 not in force at Royal Assent, see s. 186(6)

I419 Sch. 4 para. 138 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service (Wales) Act 2006 E+W

139 The National Health Service (Wales) Act 2006 is amended as follows.

Commencement Information

I420 Sch. 4 para. 139 not in force at Royal Assent, see s. 186(6)

I421 Sch. 4 para. 139 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

140 In section 7 (NHS contracts), in subsection (4), for paragraph (bb) substitute—

“(bb) an integrated care board,”.

Commencement Information

I422 Sch. 4 para. 140 not in force at Royal Assent, see s. 186(6)

I423 Sch. 4 para. 140 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

141 In section 13 (exercise of Local Health Board functions), in subsection (3), for paragraph (ab) substitute—

“(ab) integrated care boards,”.

Commencement Information

I424 Sch. 4 para. 141 not in force at Royal Assent, see s. 186(6)

I425 Sch. 4 para. 141 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

142 In section 17 (plans for improving health etc), in subsection (6)(g) and (h), for “, clinical commissioning groups,” substitute “, integrated care boards,”.

Commencement Information

I426 Sch. 4 para. 142 not in force at Royal Assent, see s. 186(6)

I427 Sch. 4 para. 142 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

143 In section 26 (intervention orders), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.

Commencement Information

I428 Sch. 4 para. 143 not in force at Royal Assent, see s. 186(6)

I429 Sch. 4 para. 143 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

144 In section 28 (default powers), in subsection (1), for “, clinical commissioning groups and” substitute “, integrated care boards and”.

Commencement Information

I430 Sch. 4 para. 144 not in force at Royal Assent, see s. 186(6)

I431 Sch. 4 para. 144 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

145 In section 34 (power of local authorities to make payments), in subsection (1), for “, a clinical commissioning group” substitute “, an integrated care board”.

Commencement Information

I432 Sch. 4 para. 145 not in force at Royal Assent, see s. 186(6)

I433 Sch. 4 para. 145 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

146 In section 162 (transfer of functions and property to or from special trustees), in subsection (1), for “, a clinical commissioning group,” substitute “, an integrated care board,”.

Commencement Information

I434 Sch. 4 para. 146 not in force at Royal Assent, see s. 186(6)

I435 Sch. 4 para. 146 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

147 In section 197 (university clinical teaching and research), in subsection (2)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I436 Sch. 4 para. 147 not in force at Royal Assent, see s. 186(6)

I437 Sch. 4 para. 147 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

148 In section 206 (interpretation), in subsection (1)—

(a) omit the definition of “clinical commissioning group”;

(b) at the appropriate place insert—

• ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006,”;

(c) in the definition of “NHS body”, for paragraph (f) substitute—

“(f)

an integrated care board.”

Commencement Information

I438 Sch. 4 para. 148 not in force at Royal Assent, see s. 186(6)

I439 Sch. 4 para. 148 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

NHS Redress Act 2006 E+W

149 In section 1 of the NHS Redress Act 2006 (power to establish redress scheme), in subsection (3), for paragraph (ab) substitute—

“(ab) an integrated care board,”.

Commencement Information

I440 Sch. 4 para. 149 not in force at Royal Assent, see s. 186(6)

I441 Sch. 4 para. 149 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Safeguarding Vulnerable Groups Act 2006 E+W

150 In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), in subsection (8E)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the clinical commissioning group” substitute “the integrated care board”.

Commencement Information

I442 Sch. 4 para. 150 not in force at Royal Assent, see s. 186(6)

I443 Sch. 4 para. 150 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Corporate Manslaughter and Corporate Homicide Act 2007 E+W

151 In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7), in paragraph (a) of the definition of “relevant NHS body”, for “a clinical commissioning group,” substitute “an integrated care board,”.

Commencement Information

I444 Sch. 4 para. 151 not in force at Royal Assent, see s. 186(6)

I445 Sch. 4 para. 151 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Government and Public Involvement in Health Act 2007 E+W

152 The Local Government and Public Involvement in Health Act 2007 is amended as follows.

Commencement Information

I446 Sch. 4 para. 152 not in force at Royal Assent, see s. 186(6)

I447 Sch. 4 para. 152 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

153 Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph (ca) substitute—

“(ca) an integrated care board;”.

Commencement Information

I448 Sch. 4 para. 153 not in force at Royal Assent, see s. 186(6)

I449 Sch. 4 para. 153 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

154 In section 224 (duties of services-providers to respond to local involvement networks), in subsection (2), for paragraph (zb) substitute—

“(zb) an integrated care board;”.

Commencement Information

I450 Sch. 4 para. 154 not in force at Royal Assent, see s. 186(6)

I451 Sch. 4 para. 154 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

155 In section 227 (Local Healthwatch organisations: annual reports), in subsection (4)(ab), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I452 Sch. 4 para. 155 not in force at Royal Assent, see s. 186(6)

I453 Sch. 4 para. 155 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Statistics and Registration Service Act 2007 E+W

156 (1) Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows.

(2) In subsection (4A), for paragraph (d) substitute—

“(d) an integrated care board,”.

(3) In subsection (7), for ““clinical commissioning group”” substitute ““integrated care board””.

Commencement Information

I454 Sch. 4 para. 156 not in force at Royal Assent, see s. 186(6)

I455 Sch. 4 para. 156 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Education and Skills Act 2008 E+W

157 The Education and Skills Act 2008 is amended as follows.

Commencement Information

I456 Sch. 4 para. 157 not in force at Royal Assent, see s. 186(6)

I457 Sch. 4 para. 157 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

158 In section 16 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—

“(da) an integrated care board,”.

Commencement Information

I458 Sch. 4 para. 158 not in force at Royal Assent, see s. 186(6)

I459 Sch. 4 para. 158 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

159 In section 77 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—

“(da) an integrated care board,”.

Commencement Information

I460 Sch. 4 para. 159 not in force at Royal Assent, see s. 186(6)

I461 Sch. 4 para. 159 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2008 E+W

160 The Health and Social Care Act 2008 is amended as follows.

Commencement Information

I462 Sch. 4 para. 160 not in force at Royal Assent, see s. 186(6)

I463 Sch. 4 para. 160 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

161 In section 30 (urgent procedure for cancellation), in subsection (3)(a), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I464 Sch. 4 para. 161 not in force at Royal Assent, see s. 186(6)

I465 Sch. 4 para. 161 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

162 In section 39 (bodies required to be notified of certain matters), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I466 Sch. 4 para. 162 not in force at Royal Assent, see s. 186(6)

I467 Sch. 4 para. 162 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

163 In section 48 (reviews and investigations), in subsection (2)(ba), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I468 Sch. 4 para. 163 not in force at Royal Assent, see s. 186(6)

I469 Sch. 4 para. 163 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

164 In section 54 (studies as to economy, efficiency etc), in subsection (5), for “a clinical commissioning group or” substitute “an integrated care board or”.

Commencement Information

I470 Sch. 4 para. 164 not in force at Royal Assent, see s. 186(6)

I471 Sch. 4 para. 164 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

165 In section 59 (additional functions), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I472 Sch. 4 para. 165 not in force at Royal Assent, see s. 186(6)

I473 Sch. 4 para. 165 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

166 In section 64 (power to require documents and information), in subsection (2)(b), for sub-paragraph (ii) (but not the “or” at the end) substitute—

“(ii) an integrated care board,”.

Commencement Information

I474 Sch. 4 para. 166 not in force at Royal Assent, see s. 186(6)

I475 Sch. 4 para. 166 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

167 In section 97 (general interpretation of Part 1), in subsection (1)—

(a) in the definition of “English NHS body”, for paragraph (cb) substitute—

“(“cb)

an integrated care board,”;

(b) in the definition of “NHS care”, for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I476 Sch. 4 para. 167 not in force at Royal Assent, see s. 186(6)

I477 Sch. 4 para. 167 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Autism Act 2009 E+W

168 In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of “NHS body”, for paragraph (cb) substitute—

“(cb) an integrated care board;”.

Commencement Information

I478 Sch. 4 para. 168 not in force at Royal Assent, see s. 186(6)

I479 Sch. 4 para. 168 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health Act 2009 E+W

169 The Health Act 2009 is amended as follows.

Commencement Information

I480 Sch. 4 para. 169 not in force at Royal Assent, see s. 186(6)

I481 Sch. 4 para. 169 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

170 (1) Section 2 (duty to have regard to NHS constitution) is amended as follows.

(2) In subsection (2) for paragraph (cb) substitute—

“(cb) integrated care boards;”.

(3) In subsection (4)(za) for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I482 Sch. 4 para. 170 not in force at Royal Assent, see s. 186(6)

I483 Sch. 4 para. 170 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

171 In section 8 (duty of providers to publish information), in subsection (6), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I484 Sch. 4 para. 171 not in force at Royal Assent, see s. 186(6)

I485 Sch. 4 para. 171 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Corporation Tax Act 2010 E+W

172 In section 986 of the Corporation Tax Act 2010 (meaning of “health service body”), in the table—

(a) omit the entry for a clinical commissioning group;

(b) after the entry for a Health Board insert—

“an integrated care board

section 14Z25 of the National Health Service Act 2006”.

Commencement Information

I486 Sch. 4 para. 172 not in force at Royal Assent, see s. 186(6)

I487 Sch. 4 para. 172 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Equality Act 2010 E+W

173 In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, for the entry for a clinical commissioning group substitute—

• “An integrated care board established under section 14Z25 of the National Health Service Act 2006.”

Commencement Information

I488 Sch. 4 para. 173 not in force at Royal Assent, see s. 186(6)

I489 Sch. 4 para. 173 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Charities Act 2011 E+W

174 In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7), for paragraph (bb) substitute—

“(bb) an integrated care board,”.

Commencement Information

I490 Sch. 4 para. 174 not in force at Royal Assent, see s. 186(6)

I491 Sch. 4 para. 174 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W

175 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I492 Sch. 4 para. 175 not in force at Royal Assent, see s. 186(6)

I493 Sch. 4 para. 175 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

176 In section 95 (licensing: special conditions), in subsection (2)(d), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I494 Sch. 4 para. 176 not in force at Royal Assent, see s. 186(6)

I495 Sch. 4 para. 176 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

177 In section 99 (notification of commissioners where continuation of services at risk), in subsection (5), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I496 Sch. 4 para. 177 not in force at Royal Assent, see s. 186(6)

I497 Sch. 4 para. 177 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

178 In section 100 (modification of standard conditions), in subsection (2)(d), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I498 Sch. 4 para. 178 not in force at Royal Assent, see s. 186(6)

I499 Sch. 4 para. 178 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

179 In section 102 (modification of conditions by order under other enactments), in subsection (4)(c)(i), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I500 Sch. 4 para. 179 not in force at Royal Assent, see s. 186(6)

I501 Sch. 4 para. 179 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

180 In section 104 (power to require documents and information), in subsection (2), for paragraph (f) substitute—

“(f) an integrated care board.”

Commencement Information

I502 Sch. 4 para. 180 not in force at Royal Assent, see s. 186(6)

I503 Sch. 4 para. 180 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

181 In section 110 (notification of enforcement action), in subsection (1)(b), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I504 Sch. 4 para. 181 not in force at Royal Assent, see s. 186(6)

I505 Sch. 4 para. 181 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

182 In section 141 (levy on providers: consultation), in subsection (3), for paragraph (c) substitute—

“(c) each integrated care board,”.

Commencement Information

I506 Sch. 4 para. 182 not in force at Royal Assent, see s. 186(6)

I507 Sch. 4 para. 182 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

183 In section 150 (interpretation, transitional provision and consequential amendments), omit subsection (3).

Commencement Information

I508 Sch. 4 para. 183 not in force at Royal Assent, see s. 186(6)

I509 Sch. 4 para. 183 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

184 In section 194 (establishment of Health and Wellbeing Boards), in subsections (2)(f) (6), (7), (10) and (13)(c), for “clinical commissioning group”, in each place it occurs, substitute “integrated care board”.

Commencement Information

I510 Sch. 4 para. 184 not in force at Royal Assent, see s. 186(6)

I511 Sch. 4 para. 184 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

185 In section 196 (other functions of Health and Wellbeing Boards), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I512 Sch. 4 para. 185 not in force at Royal Assent, see s. 186(6)

I513 Sch. 4 para. 185 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

186 In section 241 (commissioning guidance), in subsection (1), for “section 14Z8 of the National Health Service Act 2006” substitute “section 14Z51 of the National Health Service Act 2006 so far as relating to arrangements for the provision of services as part of the health service”.

Commencement Information

I514 Sch. 4 para. 186 not in force at Royal Assent, see s. 186(6)

I515 Sch. 4 para. 186 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

187 (1) Section 298 (advice or assistance to public authorities in the Isle of Man or Channel Islands) is amended as follows.

(2) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (2), for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I516 Sch. 4 para. 187 not in force at Royal Assent, see s. 186(6)

I517 Sch. 4 para. 187 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

188 In section 306 (commencement), omit subsection (7).

Commencement Information

I518 Sch. 4 para. 188 not in force at Royal Assent, see s. 186(6)

I519 Sch. 4 para. 188 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

189 Omit Schedule 6 (transitional provision in connection with clinical commissioning groups).

Commencement Information

I520 Sch. 4 para. 189 not in force at Royal Assent, see s. 186(6)

I521 Sch. 4 para. 189 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Anti-social Behaviour, Crime and Policing Act 2014 E+W

190 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

Commencement Information

I522 Sch. 4 para. 190 not in force at Royal Assent, see s. 186(6)

I523 Sch. 4 para. 190 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

191 In section 105 (ASB case reviews: interpretation), in subsection (2), for paragraph (c) of the definition of “relevant bodies” (but not the “and” at the end) substitute—

“(c)

each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area,”.

Commencement Information

I524 Sch. 4 para. 191 not in force at Royal Assent, see s. 186(6)

I525 Sch. 4 para. 191 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

192 In Schedule 4 (case reviews: supplementary provision), in paragraph 5(2)(a), for sub-paragraph (iii) substitute—

“(iii) each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area;”.

Commencement Information

I526 Sch. 4 para. 192 not in force at Royal Assent, see s. 186(6)

I527 Sch. 4 para. 192 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Care Act 2014 E+W

193 The Care Act 2014 is amended as follows.

Commencement Information

I528 Sch. 4 para. 193 not in force at Royal Assent, see s. 186(6)

I529 Sch. 4 para. 193 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

194 In section 6 (co-operating generally), in subsection (8)(b), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I530 Sch. 4 para. 194 not in force at Royal Assent, see s. 186(6)

I531 Sch. 4 para. 194 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

195 (1) Section 22 (exception for provision of health services) is amended as follows.

(2) In subsection (4)(a), for “clinical commissioning group” substitute “integrated care board”.

(3) In subsection (6)(b), for “a clinical commissioning group” substitute “an integrated care board”.

(4) In subsection (9), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I532 Sch. 4 para. 195 not in force at Royal Assent, see s. 186(6)

I533 Sch. 4 para. 195 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

196 In section 52 (sections 48 to 51: supplementary), in subsection (9)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) for “the group” substitute “the board”.

Commencement Information

I534 Sch. 4 para. 196 not in force at Royal Assent, see s. 186(6)

I535 Sch. 4 para. 196 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

197 In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and (c)(ii), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I536 Sch. 4 para. 197 not in force at Royal Assent, see s. 186(6)

I537 Sch. 4 para. 197 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

198 (1) Paragraph 1 of Schedule 2 (Safeguarding Adults Boards) is amended as follows.

(2) In sub-paragraph (1)(b), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In sub-paragraph (5)—

(a) for “clinical commissioning group” substitute “integrated care board”;

(b) for “clinical commissioning groups” substitute “integrated care boards”.

Commencement Information

I538 Sch. 4 para. 198 not in force at Royal Assent, see s. 186(6)

I539 Sch. 4 para. 198 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Children and Families Act 2014 E+W

199 The Children and Families Act 2014 is amended as follows.

Commencement Information

I540 Sch. 4 para. 199 not in force at Royal Assent, see s. 186(6)

I541 Sch. 4 para. 199 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

200 (1) Section 23 (duty of health bodies to bring certain children to local authority’s attention) is amended as follows.

(2) In subsection (1), for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsections (2) to (4), for “group”, in each place it occurs, substitute “board”.

Commencement Information

I542 Sch. 4 para. 200 not in force at Royal Assent, see s. 186(6)

I543 Sch. 4 para. 200 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

201 (1) Section 26 (joint commissioning arrangements) is amended as follows.

(2) In subsection (8)(b), for “clinical commissioning group” substitute “integrated care board”.

(3) In subsection (9), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I544 Sch. 4 para. 201 not in force at Royal Assent, see s. 186(6)

I545 Sch. 4 para. 201 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

202 In section 28 (co-operating generally: local authority functions), in subsections (2)(l) and (4), for “a clinical commissioning group” substitute “an integrated care board”.

Commencement Information

I546 Sch. 4 para. 202 not in force at Royal Assent, see s. 186(6)

I547 Sch. 4 para. 202 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

203 In section 31 (co-operating in specific cases: local authority functions), in subsection (1), for paragraph (e) substitute—

“(e) an integrated care board;”.

Commencement Information

I548 Sch. 4 para. 203 not in force at Royal Assent, see s. 186(6)

I549 Sch. 4 para. 203 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

204 In section 53 (mediation: health care issues), in subsection (5), for paragraph (b) substitute—

“(b) an integrated care board;”.

Commencement Information

I550 Sch. 4 para. 204 not in force at Royal Assent, see s. 186(6)

I551 Sch. 4 para. 204 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

205 In section 56 (mediation: supplementary), in subsection (3), for paragraph (b) substitute—

“(b) an integrated care board;”.

Commencement Information

I552 Sch. 4 para. 205 not in force at Royal Assent, see s. 186(6)

I553 Sch. 4 para. 205 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

206 In section 57 (resolution of disagreements), in subsection (7), for paragraph (b) substitute—

“(b) an integrated care board;”.

Commencement Information

I554 Sch. 4 para. 206 not in force at Royal Assent, see s. 186(6)

I555 Sch. 4 para. 206 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

207 In section 77 (code of practice), in subsection (1), for paragraph (k) substitute—

“(k) integrated care boards;”.

Commencement Information

I556 Sch. 4 para. 207 not in force at Royal Assent, see s. 186(6)

I557 Sch. 4 para. 207 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Immigration Act 2014 E+W

208 In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy agreements), in paragraph 5(2)(a), for sub-paragraph (i) (but not the “or” at the end) substitute—

“(i) an integrated care board,”.

Commencement Information

I558 Sch. 4 para. 208 not in force at Royal Assent, see s. 186(6)

I559 Sch. 4 para. 208 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Audit and Accountability Act 2014 E+W

209 The Local Audit and Accountability Act 2014 is amended as follows.

Commencement Information

I560 Sch. 4 para. 209 not in force at Royal Assent, see s. 186(6)

I561 Sch. 4 para. 209 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

210 In section 4 (general requirements for audit), for subsection (4) substitute—

“(4) In relation to an integrated care board, “accounts” means—

(a) the annual accounts of the board prepared under paragraph 22(2) of Schedule 1B to the National Health Service Act 2006 (accounts and audit of integrated care boards);

(b) any accounts of the board prepared under paragraph 22(3) of that Schedule in respect of which a direction has been given under paragraph 22(6) of that Schedule.”

Commencement Information

I562 Sch. 4 para. 210 not in force at Royal Assent, see s. 186(6)

I563 Sch. 4 para. 210 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

211 In section 8 (procedure for appointment), in subsection (4), for paragraph (b) substitute—

“(b) in the case of an integrated care board, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of—

(i) the group of people for whom it has core responsibility, and

(ii) anyone who lives within its area but does not fall within sub-paragraph (i)”.

Commencement Information

I564 Sch. 4 para. 211 not in force at Royal Assent, see s. 186(6)

I565 Sch. 4 para. 211 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

212 In section 10 (functions of auditor panel), in subsection (10), for paragraph (b)—

“(b) in the case of an integrated care board, it publishes the advice in such manner as it thinks is likely to bring the advice to the attention of—

(i) the group of people for whom it has core responsibility, and

(ii) anyone who lives within its area but does not fall within sub-paragraph (i);”.

Commencement Information

I566 Sch. 4 para. 212 not in force at Royal Assent, see s. 186(6)

I567 Sch. 4 para. 212 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

213 In section 21 (general duties of auditors of accounts of health service bodies), in subsection (1)—

(a) for “a clinical commissioning group” substitute “an integrated care board”;

(b) in paragraphs (c) and (f), for “the group” substitute “the board”.

Commencement Information

I568 Sch. 4 para. 213 not in force at Royal Assent, see s. 186(6)

I569 Sch. 4 para. 213 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

214 (1) Section 44 (interpretation of Act) is amended as follows.

(2) In subsection (1), for paragraph (b) of the definition of “area” substitute—

“(b)

in relation to an integrated care board, means the area specified in the board’s constitution (see Schedule 1B to the National Health Service Act 2006);”.

(3) For subsection (5) substitute—

“(5) References in this Act to the group of people for whom an integrated care board has core responsibility are to be read in accordance with section 14Z31 of the National Health Service Act 2006.”

Commencement Information

I570 Sch. 4 para. 214 not in force at Royal Assent, see s. 186(6)

I571 Sch. 4 para. 214 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

215 In Schedule 2 (relevant authorities), for paragraph 23 substitute—

“23 An integrated care board.”

Commencement Information

I572 Sch. 4 para. 215 not in force at Royal Assent, see s. 186(6)

I573 Sch. 4 para. 215 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

216 In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5, in the modified section 1214 of the Companies Act 2006—

(a) in subsection (1), omit “(3),”;

(b) for subsection (3) substitute—

“(3) In relation to a relevant authority that is an integrated care board, subsection (2)(a) has effect as if “or officer” were omitted.”

Commencement Information

I574 Sch. 4 para. 216 not in force at Royal Assent, see s. 186(6)

I575 Sch. 4 para. 216 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

217 In Schedule 7 (reports and recommendations), in paragraph 4(8), for paragraph (b) substitute—

“(b) in the case of an integrated care board, it publishes the notice or report in such manner as it thinks is likely to bring the notice or report to the attention of—

(i) the group of people for whom it has core responsibility, and

(ii) anyone who lives within its area but does not fall within sub-paragraph (i)”.

Commencement Information

I576 Sch. 4 para. 217 not in force at Royal Assent, see s. 186(6)

I577 Sch. 4 para. 217 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Social Services and Well-being (Wales) Act 2014 (anaw 4) E+W

218 The Social Services and Well-being (Wales) Act 2014 is amended as follows.

Commencement Information

I578 Sch. 4 para. 218 not in force at Royal Assent, see s. 186(6)

I579 Sch. 4 para. 218 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

219 In section 47 (exception for provision of health services), in subsection (10)—

(a) in the English language text—

(i) in the definition of “English health body”, for paragraph (a) substitute—

“(a)

an integrated care board;”;

(ii) in the definition of “health body”, for paragraph (b) substitute—

“(b)

an integrated care board;”;

(b) in the Welsh language text—

(i) in the definition of “corff iechyd”, for paragraph (b) substitute—

“(b)

bwrdd gofal integredig;”;

(ii) in the definition of “corff iechyd Seisnig”, for paragraph (a) substitute—

“(a)

bwrdd gofal integredig;”.

Commencement Information

I580 Sch. 4 para. 219 not in force at Royal Assent, see s. 186(6)

I581 Sch. 4 para. 219 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

220 In section 77 (accommodation for children in police protection or detention or on remand etc), in subsection (4)(b)(ii)—

(a) in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.

Commencement Information

I582 Sch. 4 para. 220 not in force at Royal Assent, see s. 186(6)

I583 Sch. 4 para. 220 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

221 In section 104 (young people entitled to support under sections 105 to 115), in subsection (3)(d)(ii)—

(a) in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the Welsh language text, for “grŵp comisiynu clinigol” substitute “bwrdd gofal integredig”.

Commencement Information

I584 Sch. 4 para. 221 not in force at Royal Assent, see s. 186(6)

I585 Sch. 4 para. 221 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

222 In section 118 (information), in subsection (2)(c)—

(a) in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the Welsh language text, for “grŵp comisiynu clinigol” substitute “bwrdd gofal integredig”.

Commencement Information

I586 Sch. 4 para. 222 not in force at Royal Assent, see s. 186(6)

I587 Sch. 4 para. 222 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

223 In section 164A (duty of other persons to co-operate and provide information), in subsection (4)(d)—

(a) in the English language text, for “clinical commissioning group” substitute “integrated care board”;

(b) in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.

Commencement Information

I588 Sch. 4 para. 223 not in force at Royal Assent, see s. 186(6)

I589 Sch. 4 para. 223 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

224 In section 193 (recovery of costs between local authorities), in subsection (4)(c)—

(a) in the English language text, for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the Welsh language text, for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.

Commencement Information

I590 Sch. 4 para. 224 not in force at Royal Assent, see s. 186(6)

I591 Sch. 4 para. 224 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

225 In section 197 (general interpretation and index of defined expressions), in subsection (1)—

(a) in the English language text—

(i) omit the definition of “clinical commissioning group”;

(ii) at the appropriate place insert—

• ““integrated care board” (“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;”;

(b) in the Welsh language text—

(i) omit the definition of “grŵp comisiynu clinigol”;

(ii) at the appropriate place insert—

• ““ystyr “bwrdd gofal integredig” (“integrated care board”) yw corff a sefydlir o dan adran 14Z25 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Commencement Information

I592 Sch. 4 para. 225 not in force at Royal Assent, see s. 186(6)

I593 Sch. 4 para. 225 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Housing (Wales) Act 2014 (anaw 7) E+W

226 (1) Section 70 of the Housing (Wales) Act 2014 (priority need for accommodation) is amended as follows.

(2) In subsection (2)—

(a) in the English language text, in paragraph (d)(ii), for “a clinical commissioning group” substitute “an integrated care board”;

(b) in the Welsh language text, in paragraph (d)(ii), for “grŵp comisiynu clinigol” substitute “fwrdd gofal integredig”.

(3) In subsection (3)—

(a) in the English language text—

(i) omit the definition of “clinical commissioning group”;

(ii) at the appropriate place insert—

• ““integrated care board” (“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;”;

(b) in the Welsh language text—

(i) omit the definition of “grŵp comisiynu clinigol”;

(ii) at the appropriate place insert—

• ““ystyr “bwrdd gofal integredig” (“integrated care board”) yw corff a sefydlir o dan adran 14Z25 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Commencement Information

I594 Sch. 4 para. 226 not in force at Royal Assent, see s. 186(6)

I595 Sch. 4 para. 226 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Counter-Terrorism and Security Act 2015 E+W

227 In Schedule 7 to the Counter-Terrorism and Security Act 2015 (partners of local panels), under the italic heading “Health and social care”, for “A clinical commissioning group established under section 14D” substitute “An integrated care board established under section 14Z25”.

Commencement Information

I596 Sch. 4 para. 227 not in force at Royal Assent, see s. 186(6)

I597 Sch. 4 para. 227 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Cities and Local Government Devolution Act 2016 E+W

228 (1) Section 18 of the Cities and Local Government Devolution Act 2016 (devolving health service functions) is amended as follows.

(2) In subsection (3)(b), for “Chapter A2 of Part 2 of the NHSA 2006 (clinical commissioning groups)” substitute “Chapter A3 of Part 2 of the NHSA 2006 (integrated care boards)”.

(3) In subsection (5)—

(a) in paragraph (b), for “clinical commissioning groups” substitute “integrated care boards”;

(b) for paragraph (f) substitute—

“(f) the guidance published under section 14Z51 of the NHSA 2006 (guidance for integrated care boards);”.

Commencement Information

I598 Sch. 4 para. 228 not in force at Royal Assent, see s. 186(6)

I599 Sch. 4 para. 228 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Data Protection Act 2018 E+W

229 In Schedule 3 to the Data Protection Act 2018 (social work data), in paragraph 8(2), for paragraph (d) substitute—

“(d) an integrated care board established under section 14Z25 of the National Health Service Act 2006;”.

Commencement Information

I600 Sch. 4 para. 229 not in force at Royal Assent, see s. 186(6)

I601 Sch. 4 para. 229 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) E+W

230 The Additional Learning Needs and Education Tribunal (Wales) Act 2018 is amended as follows.

Commencement Information

I602 Sch. 4 para. 230 not in force at Royal Assent, see s. 186(6)

I603 Sch. 4 para. 230 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

231 In section 4 (additional learning needs code), in subsection (3)—

(a) in the English language text, for paragraph (j) substitute—

“(j) an integrated care board;”;

(b) in the Welsh language text, for paragraph (j) substitute—

“(j) bwrdd gofal integredig;”.

Commencement Information

I604 Sch. 4 para. 231 not in force at Royal Assent, see s. 186(6)

I605 Sch. 4 para. 231 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

232 In section 64 (duty of health bodies to notify parents etc), in subsection (2)—

(a) in the English language text, for paragraph (c) substitute—

“(c) an integrated care board;”;

(b) in the Welsh language text, for paragraph (c) substitute—

“(c) bwrdd gofal integredig;”.

Commencement Information

I606 Sch. 4 para. 232 not in force at Royal Assent, see s. 186(6)

I607 Sch. 4 para. 232 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

233 In section 65 (duties to provide information and other help), in subsection (4)—

(a) in the English language text, for paragraph (k) substitute—

“(k) an integrated care board;”;

(b) in the Welsh language text, for paragraph (k) substitute—

“(k) bwrdd gofal integredig;”.

Commencement Information

I608 Sch. 4 para. 233 not in force at Royal Assent, see s. 186(6)

I609 Sch. 4 para. 233 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

234 In section 99 (general interpretation), in subsection (1)—

(a) in the English language text—

(i) omit the definition of “clinical commissioning group”;

(ii) at the appropriate place insert—

• ““integrated care board” (“bwrdd gofal integredig”) means a body established under section 14Z25 of the National Health Service Act 2006;”;

(b) in the Welsh language text—

(i) omit the definition of “grŵp comisiynu clinigol”;

(ii) at the appropriate place insert—

• ““ystyr “bwrdd gofal integredig” (“integrated care board”) yw corff a sefydlir o dan adran 14Z25 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;”.

Commencement Information

I610 Sch. 4 para. 234 not in force at Royal Assent, see s. 186(6)

I611 Sch. 4 para. 234 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Network and Information Systems Regulations 2018 (S.I. 2018/506) E+W

235 The Network and Information Systems Regulations 2018 are amended as follows.

Commencement Information

I612 Sch. 4 para. 235 not in force at Royal Assent, see s. 186(6)

I613 Sch. 4 para. 235 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

236 In regulation 1(2) (interpretation), in the definition of “OES”, after “regulation 8(1)” insert “or (2A)”.

Commencement Information

I614 Sch. 4 para. 236 not in force at Royal Assent, see s. 186(6)

I615 Sch. 4 para. 236 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

237 (1) Regulation 8 (identification of operators of essential services) is amended as follows.

(2) After paragraph (2) insert—

“(2A) Each integrated care board is deemed to be designated as an OES for the healthcare settings subsector and, in relation to an integrated care board, any services provided by it (including the making of arrangements for the provision of services by others) are deemed to be essential services.”

(3) In paragraph (8), after “paragraph (1)” insert “or (2A)”.

Commencement Information

I616 Sch. 4 para. 237 not in force at Royal Assent, see s. 186(6)

I617 Sch. 4 para. 237 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

NHS Funding Act 2020 E+W

238 In section 1 of the NHS Funding Act 2020 (funding settlement for the health service in England), in subsection (2), for “section 223D(2) and (3)” substitute “section 223D(1)(a) and (b)”.

Commencement Information

I618 Sch. 4 para. 238 not in force at Royal Assent, see s. 186(6)

I619 Sch. 4 para. 238 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Domestic Abuse Act 2021 E+W

239 In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (7), for paragraph (d) of the definition of “NHS body in England” and the “or” at the end of that paragraph substitute—

“(d)

an integrated care board established under section 14Z25 of that Act;”.

Commencement Information

I620 Sch. 4 para. 239 not in force at Royal Assent, see s. 186(6)

I621 Sch. 4 para. 239 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Police, Crime, Sentencing and Courts Act 2022 E+W

240 The Police, Crime, Sentencing and Courts Act 2022 is amended as follows.

Commencement Information

I622 Sch. 4 para. 240 not in force at Royal Assent, see s. 186(6)

I623 Sch. 4 para. 240 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

241 (1) Section 25 (relevant review partners) is amended as follows.

(2) In subsection (2)(c) for “a clinical commissioning group” substitute “an integrated care board”.

(3) In subsection (3)(c) for “clinical commissioning group” substitute “integrated care board”.

Commencement Information

I624 Sch. 4 para. 241 not in force at Royal Assent, see s. 186(6)

I625 Sch. 4 para. 241 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

242 In section 36 (interpretation), in subsection (1)—

(a) omit the definition of “clinical commissioning group”;

(b) at the appropriate place insert—

• ““integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;”;

(c) in the definition of “review partner”, for paragraph (c) substitute—

“(c)

an integrated care board, or”.

Commencement Information

I626 Sch. 4 para. 242 not in force at Royal Assent, see s. 186(6)

I627 Sch. 4 para. 242 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

243 In Schedule 1 (specified authorities and local government areas), in the table headed “Health and social care”—

(a) for “A clinical commissioning group established under section 14D” substitute “An integrated care board established under section 14Z25”;

(b) for “the group’s” substitute “the board’s”.

Commencement Information

I628 Sch. 4 para. 243 not in force at Royal Assent, see s. 186(6)

I629 Sch. 4 para. 243 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 33

SCHEDULE 5 E+W Abolition of Monitor and transfer of its functions

General E+W

1 Any reference to Monitor in an instrument or other document made before the day on which section 33(2) comes into force is to be read, in relation to any time after that provision comes into force, as a reference to NHS England.

Commencement Information

I630 Sch. 5 para. 1 not in force at Royal Assent, see s. 186(6)

I631 Sch. 5 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Public Bodies (Admission to Meetings) Act 1960 E+W

2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which Act applies), in paragraph 1, omit sub-paragraph (bk).

Commencement Information

I632 Sch. 5 para. 2 not in force at Royal Assent, see s. 186(6)

I633 Sch. 5 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Parliamentary Commissioner Act 1967 E+W

3 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for Monitor.

Commencement Information

I634 Sch. 5 para. 3 not in force at Royal Assent, see s. 186(6)

I635 Sch. 5 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 7, 13, 29, 30)

Superannuation Act 1972 E+W

4 In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc referred to in section 1), omit the entry for Monitor.

Commencement Information

I636 Sch. 5 para. 4 not in force at Royal Assent, see s. 186(6)

I637 Sch. 5 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

House of Commons Disqualification Act 1975 E+W

5 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), omit the entry for the chair or other member of Monitor.

Commencement Information

I638 Sch. 5 para. 5 not in force at Royal Assent, see s. 186(6)

I639 Sch. 5 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Northern Ireland Assembly Disqualification Act 1975 E+W

6 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)—

(a) at the appropriate place insert—

• “Chair or non-executive member of NHS England.”;

(b) omit the entry for the chair or other member of Monitor.

Commencement Information

I640 Sch. 5 para. 6 not in force at Royal Assent, see s. 186(6)

I641 Sch. 5 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Employment Rights Act 1996 E+W

7 In section 49B of the Employment Rights Act 1996 (the health service: regulations prohibiting discrimination because of protected disclosure), in subsection (7), omit paragraph (k).

Commencement Information

I642 Sch. 5 para. 7 not in force at Royal Assent, see s. 186(6)

I643 Sch. 5 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Freedom of Information Act 2000 E+W

8 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit the entry for Monitor.

Commencement Information

I644 Sch. 5 para. 8 not in force at Royal Assent, see s. 186(6)

I645 Sch. 5 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service Act 2006 E+W

9 The National Health Service Act 2006 is amended as follows.

Commencement Information

I646 Sch. 5 para. 9 not in force at Royal Assent, see s. 186(6)

I647 Sch. 5 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

10 For section 2 substitute—

“2 General power

(1) The Secretary of State may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on the Secretary of State by this Act.

(2) NHS England or an integrated care board may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.”

Commencement Information

I648 Sch. 5 para. 10 not in force at Royal Assent, see s. 186(6)

I649 Sch. 5 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

11 In section 33 (applications by NHS trusts), in each of subsections (1) to (3), for “the regulator” substitute “NHS England”.

Commencement Information

I650 Sch. 5 para. 11 not in force at Royal Assent, see s. 186(6)

I651 Sch. 5 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 (1) Section 35 (authorisation of NHS foundation trusts) is amended as follows.

(2) In subsection (1)—

(a) for “The regulator” substitute “NHS England”;

(b) for “the regulator” substitute “NHS England”.

(3) In subsections (2)(f) and (3), for “the regulator” substitute “NHS England”.

(4) In subsection (3A) and (5), for “The regulator” substitute “NHS England”.

(5) In subsection (6), for “the regulator” substitute “NHS England”.

Commencement Information

I652 Sch. 5 para. 12 not in force at Royal Assent, see s. 186(6)

I653 Sch. 5 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13 In section 37 (amendments of constitution), in subsection (4)—

(a) for “the regulator” substitute “NHS England”;

(b) for “the regulator’s” substitute “NHS England’s”.

Commencement Information

I654 Sch. 5 para. 13 not in force at Royal Assent, see s. 186(6)

I655 Sch. 5 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

14 (1) Section 39 (register of NHS foundation trusts) is amended as follows.

(2) In subsection (1), for “The regulator” substitute “NHS England”.

(3) In subsection (3), for “the regulator” substitute “NHS England”.

Commencement Information

I656 Sch. 5 para. 14 not in force at Royal Assent, see s. 186(6)

I657 Sch. 5 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

15 In section 39A (panel for advising governors), in subsections (1) and (9), for “The regulator” substitute “NHS England”.

Commencement Information

I658 Sch. 5 para. 15 not in force at Royal Assent, see s. 186(6)

I659 Sch. 5 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

16 In section 42A (criteria for making loans etc), in subsection (7)(b), for “the regulator” substitute “NHS England”.

Commencement Information

I660 Sch. 5 para. 16 not in force at Royal Assent, see s. 186(6)

I661 Sch. 5 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

17 In section 50 (fees), for “the regulator”, in both places it occurs, substitute “NHS England”.

Commencement Information

I662 Sch. 5 para. 17 not in force at Royal Assent, see s. 186(6)

I663 Sch. 5 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 In section 56 (mergers), in subsection (1), for “the regulator” substitute “NHS England”.

Commencement Information

I664 Sch. 5 para. 18 not in force at Royal Assent, see s. 186(6)

I665 Sch. 5 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 (1) Section 56A (acquisitions) is amended as follows.

(2) In subsection (1), for “the regulator” substitute “NHS England”.

(3) In subsection (4A), for “the regulator” substitute “NHS England”.

Commencement Information

I666 Sch. 5 para. 19 not in force at Royal Assent, see s. 186(6)

I667 Sch. 5 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

20 In section 56AA (acquisitions under section 56A: supplementary), in subsection (1)(a), for “the regulator” substitute “NHS England”.

Commencement Information

I668 Sch. 5 para. 20 not in force at Royal Assent, see s. 186(6)

I669 Sch. 5 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 In section 56B (separations), in subsection (1), for “the regulator” substitute “NHS England”.

Commencement Information

I670 Sch. 5 para. 21 not in force at Royal Assent, see s. 186(6)

I671 Sch. 5 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

22 In section 57 (sections 56 to 56B: supplementary), in subsections (1) and (2), for “the regulator”, in each place it occurs, substitute “NHS England”.

Commencement Information

I672 Sch. 5 para. 22 not in force at Royal Assent, see s. 186(6)

I673 Sch. 5 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

23 (1) Section 57A (dissolution) is amended as follows.

(2) In subsection (1), for “the regulator” substitute “NHS England”.

(3) In subsection (3), for “The regulator” substitute “NHS England”.

(4) In subsection (4), for “the regulator” substitute “NHS England”.

Commencement Information

I674 Sch. 5 para. 23 not in force at Royal Assent, see s. 186(6)

I675 Sch. 5 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 In section 64 (orders and regulations under Chapter), in subsection (4A), for “the regulator”, in both places it occurs, substitute “NHS England”.

Commencement Information

I676 Sch. 5 para. 24 not in force at Royal Assent, see s. 186(6)

I677 Sch. 5 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

25 (1) Section 244 (review and scrutiny by local authorities) is amended as follows.

(2) In subsection (2)(b), for “the Secretary of State or the regulator” substitute “or the Secretary of State”.

(3) In subsections (2ZA)(a) and (2ZC), omit “, the regulator”.

Commencement Information

I678 Sch. 5 para. 25 not in force at Royal Assent, see s. 186(6)

I679 Sch. 5 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

26 In section 247C (Secretary of State’s duty to keep health service functions under review), in subsection (2), omit paragraph (b).

Commencement Information

I680 Sch. 5 para. 26 not in force at Royal Assent, see s. 186(6)

I681 Sch. 5 para. 26 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

27 In section 258 (university clinical teaching and research), after subsection (2) insert—

“(3) A reference in this section to the functions of NHS England does not include its regulatory functions.”

Commencement Information

I682 Sch. 5 para. 27 not in force at Royal Assent, see s. 186(6)

I683 Sch. 5 para. 27 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

28 In section 272 (orders, regulations, rules and directions), in subsection (6ZA), for “the regulator”, in both places it occurs, substitute “NHS England”.

Commencement Information

I684 Sch. 5 para. 28 not in force at Royal Assent, see s. 186(6)

I685 Sch. 5 para. 28 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

29 In section 275 (interpretation), in subsection (1), omit the definition of “the regulator”.

Commencement Information

I686 Sch. 5 para. 29 not in force at Royal Assent, see s. 186(6)

I687 Sch. 5 para. 29 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

30 In section 276 (index of defined expressions), omit the entry for “the regulator”.

Commencement Information

I688 Sch. 5 para. 30 not in force at Royal Assent, see s. 186(6)

I689 Sch. 5 para. 30 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

31 (1) Schedule 7 (constitution of public benefit corporations) is amended as follows.

(2) In paragraph 24—

(a) in sub-paragraph (1A), for “The regulator” substitute “NHS England”;

(b) in sub-paragraph (4C), for “the regulator” substitute “NHS England”.

(3) In paragraph 25—

(a) in sub-paragraph (1), for “the regulator” substitute “NHS England”;

(b) in sub-paragraph (1A), for “The regulator” substitute “NHS England”;

(c) in sub-paragraphs (2), (3), (4) and (4A), for “the regulator”, in each place it occurs, substitute “NHS England”.

(4) In paragraph 26(1), (2), (2A), and (3), for “the regulator”, in each place it occurs, substitute “NHS England”.

(5) In paragraph 27(1), for “the regulator” substitute “NHS England”.

Commencement Information

I690 Sch. 5 para. 31 not in force at Royal Assent, see s. 186(6)

I691 Sch. 5 para. 31 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

32 In Schedule 10 (audit of accounts of NHS foundation trusts)—

(a) in paragraphs 5, 6 and 8(1)(c), for “the regulator” substitute “NHS England”;

(b) in the italic heading before paragraph 6, for “regulator” substitute “NHS England”.

Commencement Information

I692 Sch. 5 para. 32 not in force at Royal Assent, see s. 186(6)

I693 Sch. 5 para. 32 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service (Wales) Act 2006 E+W

33 In section 184 of the National Health Service (Wales) Act 2006 (functions of overview and scrutiny committees), in subsection (2)(b), for “, the Welsh Ministers or Monitor” substitute “or the Welsh Ministers”.

Commencement Information

I694 Sch. 5 para. 33 not in force at Royal Assent, see s. 186(6)

I695 Sch. 5 para. 33 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2008 E+W

34 The Health and Social Care Act 2008 is amended as follows.

Commencement Information

I696 Sch. 5 para. 34 not in force at Royal Assent, see s. 186(6)

I697 Sch. 5 para. 34 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

35 In section 20A (functions relating to processing of information by registered persons), in subsection (1)(b), omit “and Monitor”.

Commencement Information

I698 Sch. 5 para. 35 not in force at Royal Assent, see s. 186(6)

I699 Sch. 5 para. 35 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

36 In section 30 (urgent procedure for cancellation), in subsection (3), omit paragraph (c).

Commencement Information

I700 Sch. 5 para. 36 not in force at Royal Assent, see s. 186(6)

I701 Sch. 5 para. 36 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

37 In section 39 (bodies required to be notified of certain matters), in subsection (1), omit paragraph (c).

Commencement Information

I702 Sch. 5 para. 37 not in force at Royal Assent, see s. 186(6)

I703 Sch. 5 para. 37 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

38 In section 45A (functions to be exercised by Healthwatch England), in subsection (6), omit paragraph (c).

Commencement Information

I704 Sch. 5 para. 38 not in force at Royal Assent, see s. 186(6)

I705 Sch. 5 para. 38 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

39 In section 59 (additional functions), in subsection (2), for “Monitor” substitute “NHS England”.

Commencement Information

I706 Sch. 5 para. 39 not in force at Royal Assent, see s. 186(6)

I707 Sch. 5 para. 39 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

40 (1) Section 70 (Co-operation between the Care Quality Commission and Monitor) is amended as follows.

(2) In the heading, for “the Monitor” substitute “NHS England”.

(3) In subsection (1), for “Monitor” substitute “NHS England”.

(4) In subsection (2)—

(a) in paragraph (a)—

(i) for “Monitor”, in each place it occurs, substitute “NHS England”;

(ii) for “its functions” substitute “—

(i) its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or

(ii) its functions under section 27A of the National Health Service Act 2006 (NHS trusts: oversight and support)”;

(b) in paragraph (b), for “Monitor” substitute “NHS England”.

(5) In subsection (3) for “Monitor” substitute “NHS England”.

Commencement Information

I708 Sch. 5 para. 40 not in force at Royal Assent, see s. 186(6)

I709 Sch. 5 para. 40 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health Act 2009 E+W

41 The Health Act 2009 is amended as follows.

Commencement Information

I710 Sch. 5 para. 41 not in force at Royal Assent, see s. 186(6)

I711 Sch. 5 para. 41 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

42 In section 2 (duty to have regard to NHS Constitution), in subsection (2), omit paragraph (f).

Commencement Information

I712 Sch. 5 para. 42 not in force at Royal Assent, see s. 186(6)

I713 Sch. 5 para. 42 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

43 In section 9 (supplementary provision about the duty), in subsection (3), for “Monitor” substitute “NHS England”.

Commencement Information

I714 Sch. 5 para. 43 not in force at Royal Assent, see s. 186(6)

I715 Sch. 5 para. 43 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Equality Act 2010 E+W

44 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), in the group of entries that includes entries for bodies whose functions relate to health, social care and social security, omit the entry for Monitor.

Commencement Information

I716 Sch. 5 para. 44 not in force at Royal Assent, see s. 186(6)

I717 Sch. 5 para. 44 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W

45 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I718 Sch. 5 para. 45 not in force at Royal Assent, see s. 186(6)

I719 Sch. 5 para. 45 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

46 In Part 3, omit Chapter 1 (Monitor).

Commencement Information

I720 Sch. 5 para. 46 not in force at Royal Assent, see s. 186(6)

I721 Sch. 5 para. 46 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

47 (1) Section 83 (exemption regulations) is amended as follows.

(2) In subsection (3)(a), (b) and (c), for “Monitor” substitute “NHS England”.

(3) In subsection (4), omit paragraph (a).

Commencement Information

I722 Sch. 5 para. 47 not in force at Royal Assent, see s. 186(6)

I723 Sch. 5 para. 47 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

48 In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit sub-paragraph (i).

Commencement Information

I724 Sch. 5 para. 48 not in force at Royal Assent, see s. 186(6)

I725 Sch. 5 para. 48 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

49 In section 85 (application for licence), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

Commencement Information

I726 Sch. 5 para. 49 not in force at Royal Assent, see s. 186(6)

I727 Sch. 5 para. 49 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

50 In section 86 (licensing criteria), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

Commencement Information

I728 Sch. 5 para. 50 not in force at Royal Assent, see s. 186(6)

I729 Sch. 5 para. 50 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 6, 13, 29, 30)

51 In section 87 (grant or refusal of licence), in subsections (2) and (3), for “Monitor” substitute “NHS England”.

Commencement Information

I730 Sch. 5 para. 51 not in force at Royal Assent, see s. 186(6)

I731 Sch. 5 para. 51 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

52 In section 88 (application and grant: NHS foundation trusts), in subsection (2), for “Monitor” substitute “NHS England”.

Commencement Information

I732 Sch. 5 para. 52 not in force at Royal Assent, see s. 186(6)

I733 Sch. 5 para. 52 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

53 In section 89 (revocation of licence), for “Monitor”, in both places it occurs, substitute “NHS England”.

Commencement Information

I734 Sch. 5 para. 53 not in force at Royal Assent, see s. 186(6)

I735 Sch. 5 para. 53 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

54 (1) Section 90 (right to make representations) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2)—

(a) in paragraph (a), for “Monitor’s” substitute “NHS England’s”;

(b) in paragraph (b), for “Monitor” substitute “NHS England”.

Commencement Information

I736 Sch. 5 para. 54 not in force at Royal Assent, see s. 186(6)

I737 Sch. 5 para. 54 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

55 In section 91 (notice of decisions), in subsections (1), (2) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I738 Sch. 5 para. 55 not in force at Royal Assent, see s. 186(6)

I739 Sch. 5 para. 55 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

56 (1) Section 92 (appeals to the Tribunal) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (3)—

(a) in paragraph (a), for “Monitor’s” substitute “NHS England’s”;

(b) in paragraph (c), for “Monitor” substitute “NHS England”.

Commencement Information

I740 Sch. 5 para. 56 not in force at Royal Assent, see s. 186(6)

I741 Sch. 5 para. 56 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

57 In section 93 (register of licence holders), in each of subsections (1) to (4) and (6), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I742 Sch. 5 para. 57 not in force at Royal Assent, see s. 186(6)

I743 Sch. 5 para. 57 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

58 (1) Section 94 (standard conditions) is amended as follows.

(2) In subsections (1) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”.

(3) Omit subsections (7) to (11).

Commencement Information

I744 Sch. 5 para. 58 not in force at Royal Assent, see s. 186(6)

I745 Sch. 5 para. 58 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

59 (1) Section 95 (special conditions) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (c).

(4) In subsection (3), for “Monitor” substitute “NHS England”.

(5) In subsection (4)—

(a) in paragraph (a), for “Monitor” substitute “NHS England”;

(b) in paragraph (b), for “Monitor’s” substitute “NHS England’s”;

(c) in paragraph (c), for “Monitor” substitute “NHS England”.

Commencement Information

I746 Sch. 5 para. 59 not in force at Royal Assent, see s. 186(6)

I747 Sch. 5 para. 59 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

60 (1) Section 96 (limits on Monitor’s functions to set or modify licence conditions) is amended as follows.

(2) In the heading for “Monitor’s” substitute “NHS England’s”.

(3) In subsection (1), for “Monitor” substitute “NHS England”.

(4) In subsection (2)—

(a) in the words before paragraph (a), for “Monitor” substitute “NHS England”;

(b) in paragraph (e), for “Monitor” substitute “NHS England”;

(c) in paragraph (f), for “Monitor” substitute “NHS England”;

(d) in paragraph (i), for “Monitor’s” substitute “NHS England’s”;

(e) for paragraph (k) substitute—

“(k) for such other purposes as may be prescribed.”

(5) In subsection (4), for “Monitor” substitute “NHS England”.

Commencement Information

I748 Sch. 5 para. 60 not in force at Royal Assent, see s. 186(6)

I749 Sch. 5 para. 60 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

61 In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e), (f), (h), (i)(ii) and (iii) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I750 Sch. 5 para. 61 not in force at Royal Assent, see s. 186(6)

I751 Sch. 5 para. 61 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

62 (1) Section 98 (conditions relating to the continuation of the provision of services etc) is amended as follows.

(2) In subsection (1)(a), (b) and (c), for “Monitor” substitute “NHS England”.

(3) In subsection (3), for “Monitor” substitute “NHS England”.

(4) In subsection (4) for “Monitor” substitute “NHS England”.

(5) After subsection (5) insert—

“(5A) In subsections (4)(a) and (5) “commissioner” does not include NHS England.”

(6) In subsection (6), for “Monitor” substitute “NHS England”.

(7) In subsection (7)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (b) and the “and” before it.

Commencement Information

I752 Sch. 5 para. 62 not in force at Royal Assent, see s. 186(6)

I753 Sch. 5 para. 62 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

63 (1) Section 99 (notification of commissioners where continuation of services at risk) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) For subsection (3) substitute—

“(3) NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate—

(a) of the action it has taken, and

(b) of its reasons for being satisfied as mentioned in subsection (1)(b).”

(4) In subsection (4)—

(a) for “Monitor” substitute “NHS England”;

(b) for “Monitor’s” substitute “NHS England’s”.

(5) In subsection (5), omit “The Board and”.

Commencement Information

I754 Sch. 5 para. 63 not in force at Royal Assent, see s. 186(6)

I755 Sch. 5 para. 63 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

64 (1) Section 100 (modification of standard conditions) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (c).

(4) In subsection (3), for “Monitor” substitute “NHS England”.

(5) In subsection (4)—

(a) in paragraph (a), for “Monitor” substitute “NHS England”;

(b) in paragraph (c), for “Monitor’s” substitute “NHS England’s”;

(c) in paragraph (d), for “Monitor” substitute “NHS England”.

(6) In subsection (10), for “Monitor”, in both places it occurs, substitute “NHS England”.

Commencement Information

I756 Sch. 5 para. 64 not in force at Royal Assent, see s. 186(6)

I757 Sch. 5 para. 64 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

65 In section 102 (modification of conditions by order under other enactments), in subsection (6)(a), for “Monitor” substitute “NHS England”.

Commencement Information

I758 Sch. 5 para. 65 not in force at Royal Assent, see s. 186(6)

I759 Sch. 5 para. 65 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

66 (1) Section 104 (power to require documents and information) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2), omit paragraph (e) (but not the “and” at the end).

(4) For subsection (4) substitute—

“(4) In this section “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.”

Commencement Information

I760 Sch. 5 para. 66 not in force at Royal Assent, see s. 186(6)

I761 Sch. 5 para. 66 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

67 In section 105 (discretionary requirements), in subsections (1), (2)(a), (b) and (c) and (3), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I762 Sch. 5 para. 67 not in force at Royal Assent, see s. 186(6)

I763 Sch. 5 para. 67 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

68 In section 106 (enforcement undertakings), in subsections (1), (4) and (5), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I764 Sch. 5 para. 68 not in force at Royal Assent, see s. 186(6)

I765 Sch. 5 para. 68 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

69 (1) Section 108 (guidance as to use of enforcement powers) is amended as follows.

(2) In each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

(3) In subsection (4)—

(a) in the words before paragraph (a), for “Monitor’s” substitute “NHS England’s”;

(b) in paragraphs (a), (b) and (c), for “Monitor” substitute “NHS England”.

(4) In subsection (5), for “Monitor” substitute “NHS England”.

Commencement Information

I766 Sch. 5 para. 69 not in force at Royal Assent, see s. 186(6)

I767 Sch. 5 para. 69 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

70 In section 109 (publication of enforcement action), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

Commencement Information

I768 Sch. 5 para. 70 not in force at Royal Assent, see s. 186(6)

I769 Sch. 5 para. 70 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

71 In section 110 (notification of enforcement action), in subsection (1)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (a).

Commencement Information

I770 Sch. 5 para. 71 not in force at Royal Assent, see s. 186(6)

I771 Sch. 5 para. 71 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

72 In section 111 (imposition of licence conditions on NHS foundation trusts), in each of subsections (1) to (2A), and (4) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I772 Sch. 5 para. 72 not in force at Royal Assent, see s. 186(6)

I773 Sch. 5 para. 72 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

73 (1) Section 113 (orders under section 112: criteria for deciding applicable trusts) is amended as follows.

(2) In each of subsections (1) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”.

(3) In subsection (6), for “Monitor’s” substitute “NHS England’s”.

Commencement Information

I774 Sch. 5 para. 73 not in force at Royal Assent, see s. 186(6)

I775 Sch. 5 para. 73 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

74 In section 128 (health special administration orders), in subsection (2), for “Monitor” substitute “NHS England”.

Commencement Information

I776 Sch. 5 para. 74 not in force at Royal Assent, see s. 186(6)

I777 Sch. 5 para. 74 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

75 (1) Section 130 (health special administration regulations) is amended as follows.

(2) In subsection (5), for “Monitor” substitute “NHS England”.

(3) In subsection (6)—

(a) in paragraphs (a) and (b), “Monitor” substitute “NHS England”;

(b) in paragraph (c)—

(i) for “Monitor” substitute “NHS England”;

(ii) omit “and the National Health Service Commissioning Board”;

(c) in paragraph (d), for “Monitor” substitute “NHS England”.

(4) In subsection (11), for paragraphs (a) and (b) substitute “such persons as the Secretary of State considers appropriate”.

Commencement Information

I778 Sch. 5 para. 75 not in force at Royal Assent, see s. 186(6)

I779 Sch. 5 para. 75 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

76 In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for “Monitor” substitute “NHS England”.

Commencement Information

I780 Sch. 5 para. 76 not in force at Royal Assent, see s. 186(6)

I781 Sch. 5 para. 76 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

77 In section 132 (indemnities), for “Monitor” substitute “NHS England”.

Commencement Information

I782 Sch. 5 para. 77 not in force at Royal Assent, see s. 186(6)

I783 Sch. 5 para. 77 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

78 In section 134 (duty to establish mechanisms for providing financial assistance), in each of subsections (1) to (6), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I784 Sch. 5 para. 78 not in force at Royal Assent, see s. 186(6)

I785 Sch. 5 para. 78 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

79 (1) Section 135 (power to establish fund) is amended as follows

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2)—

(a) for “Monitor” substitute “NHS England”;

(b) for “commissioners” substitute “integrated care boards”.

(4) In each of subsections (3) and (5) to (8), for “Monitor” substitute “NHS England”.

Commencement Information

I786 Sch. 5 para. 79 not in force at Royal Assent, see s. 186(6)

I787 Sch. 5 para. 79 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

80 In section 136 (applications), in each of subsections (1) to (3) and (6) to (9), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I788 Sch. 5 para. 80 not in force at Royal Assent, see s. 186(6)

I789 Sch. 5 para. 80 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

81 In section 137 (grants and loans), in each of subsections (1) and (3) to (5), for “Monitor” substitute “NHS England”.

Commencement Information

I790 Sch. 5 para. 81 not in force at Royal Assent, see s. 186(6)

I791 Sch. 5 para. 81 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

82 (1) Section 138 (power to impose charges on commissioners) is amended as follows.

(2) For subsection (1) substitute—

“(1) The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS.

(1A) In subsection (1) “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB(2) of the National Health Service Act 2006.”

(3) In subsection (3)(c), for “Monitor” substitute “NHS England”.

(4) In subsection (4), for “Monitor”, in both places it occurs, substitute “NHS England”.

(5) For subsection (5) substitute—

“(5) Before making regulations under this section, the Secretary of State must consult NHS England.”

Commencement Information

I792 Sch. 5 para. 82 not in force at Royal Assent, see s. 186(6)

I793 Sch. 5 para. 82 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

83 (1) Section 139 (imposition of levy) is amended as follows.

(2) In subsection (2)—

(a) for “Monitor” substitute “NHS England”;

(b) in paragraph (b), for “commissioners” substitute “integrated care boards”.

(3) In subsection (3), for “Monitor” substitute “NHS England”.

Commencement Information

I794 Sch. 5 para. 83 not in force at Royal Assent, see s. 186(6)

I795 Sch. 5 para. 83 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

84 In section 140 (power of Secretary of State to set limit on levy and charges), in subsections (1)(a) and (2), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I796 Sch. 5 para. 84 not in force at Royal Assent, see s. 186(6)

I797 Sch. 5 para. 84 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

85 (1) Section 141 (consultation) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (3)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (b).

(4) In subsections (4), (5)(a), (6) and (8), for “Monitor” substitute “NHS England”.

Commencement Information

I798 Sch. 5 para. 85 not in force at Royal Assent, see s. 186(6)

I799 Sch. 5 para. 85 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

86 In section 143 (amount payable), in each of subsections (1), (4) to (6) and (8), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I800 Sch. 5 para. 86 not in force at Royal Assent, see s. 186(6)

I801 Sch. 5 para. 86 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

87 In section 144 (investment principles and reviews), in each of subsections (1) to (3), (4)(b) and (6), for “Monitor” substitute “NHS England”.

Commencement Information

I802 Sch. 5 para. 87 not in force at Royal Assent, see s. 186(6)

I803 Sch. 5 para. 87 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

88 In section 145 (borrowing), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

Commencement Information

I804 Sch. 5 para. 88 not in force at Royal Assent, see s. 186(6)

I805 Sch. 5 para. 88 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

89 In section 146 (shortfall or excess of available funds, etc), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

Commencement Information

I806 Sch. 5 para. 89 not in force at Royal Assent, see s. 186(6)

I807 Sch. 5 para. 89 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

90 (1) Section 148 (service of documents) is amended as follows.

(2) In subsection (6)(a), for “Monitor” substitute “NHS England”.

(3) Omit subsection (9).

Commencement Information

I808 Sch. 5 para. 90 not in force at Royal Assent, see s. 186(6)

I809 Sch. 5 para. 90 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

91 In section 149 (electronic communications), in each of subsections (2) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”.

Commencement Information

I810 Sch. 5 para. 91 not in force at Royal Assent, see s. 186(6)

I811 Sch. 5 para. 91 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

92 (1) Section 150 is amended as follows.

(2) In subsection (1)—

(a) for the definition of “anti-competitive behaviour” substitute—

• ““anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour;”;

(b) for the definitions of “health care” and “health care service” substitute—

• ““health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to “health care services” being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service;”;

(c) for the definition of “the NHS” substitute—

• ““the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;”.

(3) After subsection (1) insert—

“(1A) A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006.”

Commencement Information

I812 Sch. 5 para. 92 not in force at Royal Assent, see s. 186(6)

I813 Sch. 5 para. 92 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

93 In section 175 (objective of trust special administration), omit subsection (2).

Commencement Information

I814 Sch. 5 para. 93 not in force at Royal Assent, see s. 186(6)

I815 Sch. 5 para. 93 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

94 (1) Section 254 (powers to direct Information Centre to establish information systems) is amended as follows.

(2) In subsection (3) for “NHS Services” substitute “health services”.

(3) Omit subsection (4).

Commencement Information

I816 Sch. 5 para. 94 not in force at Royal Assent, see s. 186(6)

I817 Sch. 5 para. 94 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

95 In section 255 (powers to request Information Centre to establish information systems), in subsection (9), omit paragraph (a).

Commencement Information

I818 Sch. 5 para. 95 not in force at Royal Assent, see s. 186(6)

I819 Sch. 5 para. 95 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

96 (1) In section 288 (duty to co-operate with Care Quality Commission) is amended as follows.

(2) In subsection (1), for “Monitor” substitute “NHS England”.

(3) In subsection (2)(a)—

(a) for “Monitor”, in each place it occurs, substitute “NHS England”;

(b) after “any” insert “relevant”.

(4) After subsection (2) insert—

“(2A) In subsection (2)(a) “relevant information” means information held by NHS England in connection with—

(a) its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or

(b) its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support).”

Commencement Information

I820 Sch. 5 para. 96 not in force at Royal Assent, see s. 186(6)

I821 Sch. 5 para. 96 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

97 (1) Section 290 (other duties to co-operate) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (3), omit paragraph (a).

(4) Omit subsections (5) and (6).

Commencement Information

I822 Sch. 5 para. 97 not in force at Royal Assent, see s. 186(6)

I823 Sch. 5 para. 97 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

98 In section 291 (breaches of duties to co-operate), in subsection (2)—

(a) in paragraph (a), for “Monitor” substitute “NHS England”;

(b) for paragraph (b), substitute—

“(b) the duty under section 290(2),”;

(c) in paragraph (a), for “Monitor” substitute “NHS England”.

Commencement Information

I824 Sch. 5 para. 98 not in force at Royal Assent, see s. 186(6)

I825 Sch. 5 para. 98 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

99 (1) Section 304 (regulations, orders and directions) is amended as follows.

(2) In subsection (5), omit paragraph (a).

(3) In subsection (12)(a), omit sub-paragraph (i).

Commencement Information

I826 Sch. 5 para. 99 not in force at Royal Assent, see s. 186(6)

I827 Sch. 5 para. 99 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

100 (1) Schedule 11 (further provision about Monitor’s enforcement powers) is amended as follows.

(2) In the heading, for “Monitor’s” substitute “NHS England’s”.

(3) In the following provisions for “Monitor”, in each place it occurs, substitute “NHS England”—

(a) paragraph 1(1), (2)(a), (d) and (e) and (4);

(b) paragraph 2(1), (2), (3)(a) and (5);

(c) paragraph 3(1) and (4)(b) and (c);

(d) paragraph 4;

(e) paragraph 5(1), (2), (5) and (6);

(f) paragraph 6(1) and (4)(b);

(g) paragraph 7(1);

(h) paragraph 8;

(i) paragraph 9(1), (2) and (3);

(j) paragraph 10(1) and (2);

(k) paragraph 11;

(l) paragraph 12(1), (2), (3) and (4);

(m) paragraph 13(1);

(n) paragraph 14.

(4) In paragraph 13(3), for “Monitor’s” substitute “NHS England’s”.

Commencement Information

I828 Sch. 5 para. 100 not in force at Royal Assent, see s. 186(6)

I829 Sch. 5 para. 100 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Audit and Accountability Act 2014 E+W

101 In Schedule 6 to the Local Audit and Accountability Act 2014 (codes of audit practice and guidance), in paragraph 10(4)(a), for “Monitor” substitute “NHS England”.

Commencement Information

I830 Sch. 5 para. 101 not in force at Royal Assent, see s. 186(6)

I831 Sch. 5 para. 101 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Mental Health Units (Use of Force) Act 2018 E+W

102 In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (b).

Commencement Information

I832 Sch. 5 para. 102 not in force at Royal Assent, see s. 186(6)

I833 Sch. 5 para. 102 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Domestic Abuse Act 2021 E+W

103 In section 15 of the Domestic Abuse Act 2021 (duty to co-operate with the Domestic Abuse Commissioner), in subsection (3), omit paragraph (q).

Commencement Information

I834 Sch. 5 para. 103 not in force at Royal Assent, see s. 186(6)

I835 Sch. 5 para. 103 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Yn ddilys o 31/01/2024

Section 46

SCHEDULE 6 E+W Intervention powers over the reconfiguration of NHS services

Commencement Information

I836 Sch. 6 not in force at Royal Assent, see s. 186(6)

In the National Health Service Act 2006, after Schedule 10 insert—

Section 68A

“SCHEDULE 10A E+W Intervention powers in relation to the reconfiguration of NHS services

Definitions

1 In this Schedule—

• “NHS commissioning body” means NHS England or an integrated care board;

• “NHS services” means services provided as part of the health service in England;

• “NHS trust” means an NHS trust established under section 25;

• “reconfiguration of NHS services” means a change in the arrangements made by an NHS commissioning body 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.

Duty to notify Secretary of State of reconfiguration proposals

2 (1) If an NHS commissioning body proposes a notifiable reconfiguration of NHS services it must notify the Secretary of State.

(2) For the purposes of this paragraph a reconfiguration of NHS services is “notifiable” if it is of a description specified in regulations.

Power to call-in proposal for reconfiguration

3 (1) The Secretary of State may give an NHS commissioning body a direction calling in any proposal by the body for the reconfiguration of NHS services.

(2) Where a direction is given under sub-paragraph (1), the Secretary of State—

(a) may, within the period of 6 months beginning with the date of the direction, take any decision in relation to the proposal that could have been taken by the NHS commissioning body, and

(b) must notify the NHS commissioning body once the Secretary of State has finished considering the proposal.

(3) The power of the Secretary of State to take decisions under sub-paragraph (2)(a) includes—

(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 NHS commissioning body 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 NHS commissioning body.

(4) The Secretary of State must, before acting under sub-paragraph (2), give each of the following an opportunity to make representations to the Secretary of State in relation to the proposal—

(a) the NHS commissioning body,

(b) if the NHS commissioning body is an integrated care board, NHS England,

(c) each local authority (within the meaning of section 2B) to whose area the proposed reconfiguration of NHS services relates, and

(d) any other person that the Secretary of State considers appropriate.

(5) The Secretary of State must—

(a) publish any decision under sub-paragraph (2)(a) together with an explanation of the reasons for taking it, and

(b) notify the NHS commissioning body of the decision and the reasons.

(6) The Secretary of State must publish a summary of any representations made under sub-paragraph (4).

4 (1) This paragraph applies where the Secretary of State gives a direction under paragraph 3(1) calling in a proposal for the reconfiguration of NHS services.

(2) Until notified that the Secretary of State has finished considering the proposal, the NHS commissioning body must not take further steps in relation to a proposal except to such extent (if any) as may be permitted by the direction.

(3) Once notified that the Secretary of State has finished considering the proposal, the NHS commissioning body must give effect to any decision of the Secretary of State under paragraph 3(2)(a) in relation to the proposal.

Power to require consideration of proposals for reconfiguration

5 (1) The Secretary of State may direct an NHS commissioning body to consider a reconfiguration of NHS services.

(2) The Secretary of State must publish any direction under this paragraph, together with an explanation of the reasons for giving it.

Duties to provide information and other assistance

6 An NHS commissioning body, NHS trust 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 Schedule.

Guidance

7 (1) The Secretary of State must publish guidance for NHS commissioning bodies, NHS trusts and NHS foundation trusts about—

(a) the exercise of their functions under this Schedule, and

(b) how the Secretary of State proposes to exercise the Secretary of State’s functions under this Schedule.

(2) NHS commissioning bodies, NHS trusts and NHS foundation trusts must have regard to any guidance published under sub- paragraph (1).”

Section 50

SCHEDULE 7 E+W NHS trusts in England and removal of power to appoint trustees: consequential amendments

Value Added Tax Act 1994 E+W

1 In section 33D of the Value Added Tax Act 1994 (descriptions of charities qualifying for VAT refunds), in subsection (4), before paragraph (a) insert—

“(za) an NHS trust in England,”.

Commencement Information

I837 Sch. 7 para. 1 not in force at Royal Assent, see s. 186(6)

I838 Sch. 7 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Finance Act 2003 E+W

2 In section 67A of the Finance Act 2003 (acquisitions by certain health service bodies), in subsection (1), after paragraph (b) insert—

“(ba) an NHS trust established under section 25 of the National Health Service Act 2006;”.

Commencement Information

I839 Sch. 7 para. 2 not in force at Royal Assent, see s. 186(6)

I840 Sch. 7 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service Act 2006 E+W

3 The National Health Service Act 2006 is amended as follows.

Commencement Information

I841 Sch. 7 para. 3 not in force at Royal Assent, see s. 186(6)

I842 Sch. 7 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

4 In section 215 (trustees and property under section 222), in subsection (3)(b), omit “paragraph 10 of Schedule 4, or”.

Commencement Information

I843 Sch. 7 para. 4 not in force at Royal Assent, see s. 186(6)

I844 Sch. 7 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

5 In section 217 (supplementary provisions about trusts), in subsection (1), omit paragraph (h) (but not the “and” at the end).

Commencement Information

I845 Sch. 7 para. 5 not in force at Royal Assent, see s. 186(6)

I846 Sch. 7 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

6 In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph (2A).

Commencement Information

I847 Sch. 7 para. 6 not in force at Royal Assent, see s. 186(6)

I848 Sch. 7 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service (Wales) Act 2006 E+W

7 In section 163 of the National Health Service (Wales) Act 2006 (trustees and property under section 169) in subsection (3), omit “, or paragraph 10 of Schedule 4 to the National Health Service Act 2006”.

Commencement Information

I849 Sch. 7 para. 7 not in force at Royal Assent, see s. 186(6)

I850 Sch. 7 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W

8 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I851 Sch. 7 para. 8 not in force at Royal Assent, see s. 186(6)

I852 Sch. 7 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

9 In section 112 (transitional provision relating to abolition of NHS trusts etc), in subsection (5)(b), omit the words from “(whether because” to the end.

Commencement Information

I853 Sch. 7 para. 9 not in force at Royal Assent, see s. 186(6)

I854 Sch. 7 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

10 Omit section 180 (repeal of provisions on authorisation for NHS foundation trusts).

Commencement Information

I855 Sch. 7 para. 10 not in force at Royal Assent, see s. 186(6)

I856 Sch. 7 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

11 In section 200 (care trusts), omit subsection (15).

Commencement Information

I857 Sch. 7 para. 11 not in force at Royal Assent, see s. 186(6)

I858 Sch. 7 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 In Schedule 13, in paragraph 10 (saving provision: general duty of regulator), omit sub-paragraph (2).

Commencement Information

I859 Sch. 7 para. 12 not in force at Royal Assent, see s. 186(6)

I860 Sch. 7 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13 Omit Schedule 14 (abolition of NHS trusts in England: consequential amendments).

Commencement Information

I861 Sch. 7 para. 13 not in force at Royal Assent, see s. 186(6)

I862 Sch. 7 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Finance Act 2012 E+W

14 In section 216 of the Finance Act 2012 (health service bodies), omit subsections (5) and (6).

Commencement Information

I863 Sch. 7 para. 14 not in force at Royal Assent, see s. 186(6)

I864 Sch. 7 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Audit and Accountability Act 2014 E+W

15 The Local Audit and Accountability Act 2014 is amended as follows.

Commencement Information

I865 Sch. 7 para. 15 not in force at Royal Assent, see s. 186(6)

I866 Sch. 7 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

16 In section 3 (general requirements for accounts), for subsection (9) substitute—

“(9) In this Act “health service body” means—

(a) an integrated care board;

(b) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England.”

Commencement Information

I867 Sch. 7 para. 16 not in force at Royal Assent, see s. 186(6)

I868 Sch. 7 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

17 In section 4 (general requirements for audit), at the end insert—

“(6) In relation to an NHS trust, “accounts” means the annual accounts prepared under paragraph 11A of Schedule 4 to the National Health Service Act 2006.”

Commencement Information

I869 Sch. 7 para. 17 not in force at Royal Assent, see s. 186(6)

I870 Sch. 7 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 In section 8 (procedure for appointment), in subsection (4), at the end insert—

“(d) in the case of an NHS trust, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of persons to whom the trust provides services for the purposes of the health service in England.”

Commencement Information

I871 Sch. 7 para. 18 not in force at Royal Assent, see s. 186(6)

I872 Sch. 7 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 In section 10 (functions of auditor panel), in subsection (10), at the end insert—

“(d) in the case of an NHS trust, it publishes the advice in such manner as it thinks is likely to bring the advice to the attention of persons to whom the trust provides services for the purposes of the health service in England.”

Commencement Information

I873 Sch. 7 para. 19 not in force at Royal Assent, see s. 186(6)

I874 Sch. 7 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

20 In section 12 (failure to appoint local auditor), in subsections (1) and (2), for “a clinical commissioning group,” substitute “a health service body”.

Commencement Information

I875 Sch. 7 para. 20 not in force at Royal Assent, see s. 186(6)

I876 Sch. 7 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 (1) Section 13 (failure of clinical commissioning group to appoint local auditor) is amended as follows.

(2) In the heading, for “clinical commissioning group” substitute “health service bodies”.

(3) In subsections (1) and (2), for “clinical commissioning group” substitute “health service body”.

(4) In subsection (4)—

(a) in paragraph (a), for “clinical commissioning group” substitute “health service body”;

(b) in paragraph (b), for “group” substitute “health service body”.

(5) In subsection (5)(a), for “clinical commissioning group” substitute “health service body”.

(6) In subsection (6)—

(a) in paragraph (a), for “clinical commissioning group” substitute “health service body”;

(b) in paragraph (b), for “group” substitute “health service body”.

(7) In subsection (7), for “clinical commissioning group” substitute “health service body”.

Commencement Information

I877 Sch. 7 para. 21 not in force at Royal Assent, see s. 186(6)

I878 Sch. 7 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

22 In section 21 (general duties of auditors of accounts of health service bodies), after subsection (2) insert—

“(2A) In auditing the accounts of an NHS trust a local auditor must, by examination of the accounts and otherwise, be satisfied—

(a) that the accounts present a true and fair view, and comply with the requirements of the enactments that apply to them,

(b) that proper practices have been observed in the preparation of the accounts, and

(c) that the NHS trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.”

Commencement Information

I879 Sch. 7 para. 22 not in force at Royal Assent, see s. 186(6)

I880 Sch. 7 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

23 In section 30 (unlawful expenditure or activity of health service bodies), in subsection (2), for paragraph (b) substitute—

“(b) notify NHS England of the matter.”

Commencement Information

I881 Sch. 7 para. 23 not in force at Royal Assent, see s. 186(6)

I882 Sch. 7 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 In section 43 (orders and regulations), in subsection (6), omit paragraphs (b) and (c).

Commencement Information

I883 Sch. 7 para. 24 not in force at Royal Assent, see s. 186(6)

I884 Sch. 7 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

25 In section 44 (interpretation), in the definition of “accounts”, for “(5)” substitute “(6)”.

Commencement Information

I885 Sch. 7 para. 25 not in force at Royal Assent, see s. 186(6)

I886 Sch. 7 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

26 Omit section 47 (application to NHS trusts and trustees).

Commencement Information

I887 Sch. 7 para. 26 not in force at Royal Assent, see s. 186(6)

I888 Sch. 7 para. 26 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

27 In Schedule 2 (relevant authorities), after paragraph 23 insert—

“23A An NHS trust all or most of whose hospitals, establishments and facilities are situated in England.”

Commencement Information

I889 Sch. 7 para. 27 not in force at Royal Assent, see s. 186(6)

I890 Sch. 7 para. 27 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

28 In Schedule 5 (eligibility and regulation of local auditors), in paragraph 5, in the modified section 1214 of the Companies Act 2006—

(a) in subsection (1), after “(3),” insert “(3A),”;

(b) after subsection (3) insert—

“(3A) This subsection applies if—

(a) the relevant authority is an NHS trust, and

(b) P is a director of that NHS trust.”

Commencement Information

I891 Sch. 7 para. 28 not in force at Royal Assent, see s. 186(6)

I892 Sch. 7 para. 28 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

29 (1) Schedule 7 (reports and recommendations) is amended as follows.

(2) In paragraph 2, in sub-paragraph (3)(d), for “clinical commissioning group” substitute “health service body”.

(3) In paragraph 3, in sub-paragraph (2)(c), for “clinical commissioning group” substitute “health service body”.

(4) In paragraph 4, in sub-paragraph (8), at the end insert—

“(d) in the case of an NHS trust, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of persons to whom the trust provides services for the purposes of the health service in England.”

Commencement Information

I893 Sch. 7 para. 29 not in force at Royal Assent, see s. 186(6)

I894 Sch. 7 para. 29 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Finance Act 2015 E+W

30 In section 66 of the Finance Act 2015 (VAT refunds to certain charities), omit subsection (6).

Commencement Information

I895 Sch. 7 para. 30 not in force at Royal Assent, see s. 186(6)

I896 Sch. 7 para. 30 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

NHS (Charitable Trusts Etc) Act 2016 E+W

31 (1) Schedule 1 to the NHS (Charitable Trusts Etc) Act 2016 is amended as follows.

(2) In paragraph 4(b), omit paragraph (ii) (including the “and” at the end).

(3) Omit paragraph 14.

(4) In paragraph 18, omit paragraphs (f) and (h).

(5) Omit paragraph 19.

Commencement Information

I897 Sch. 7 para. 31 not in force at Royal Assent, see s. 186(6)

I898 Sch. 7 para. 31 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 70

SCHEDULE 8 E+W Trust special administrators: NHS trusts and NHS foundation trusts

PART 1 E+W Amendments about trust special administrators

1 E+W The National Health Service Act 2006 is amended as follows.

Commencement Information

I899 Sch. 8 para. 1 not in force at Royal Assent, see s. 186(6)

I900 Sch. 8 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

2 E+W For section 65B substitute—

“65B NHS trusts: appointment of trust special administrator

(1) NHS England 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 an NHS trust to which this Chapter applies.

(2) NHS England—

(a) must make an order under subsection (1) if required to do so by the Care Quality Commission, and

(b) may otherwise make an order under subsection (1) only if—

(i) NHS England considers it appropriate to do so in the interests of the health service, and

(ii) the Secretary of State has approved the making of the order.

(3) The Care Quality Commission may require NHS England to make an order under subsection (1) only if it is satisfied that there is a serious failure by the NHS trust to provide services that are of sufficient quality to be provided under this Act.

(4) Before requiring NHS England to make an order under subsection (1) the Care Quality Commission must—

(a) consult the Secretary of State and NHS England, and

(b) having done that, consult—

(i) the trust,

(ii) any integrated care board in whose area the trust has hospitals, establishments or facilities, and

(iii) any person to which the trust provides goods or services under this Act and which the Commission considers it appropriate to consult.

(5) Before making an order under subsection (1) in a case where it is not required to do so by the Care Quality Commission, NHS England 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 which the trust provides goods or services under this Act and which NHS England considers it appropriate to consult, and

(d) the Care Quality Commission.

(6) An order under subsection (1) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made.

(7) NHS England must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order.

(8) If an order is made under subsection (1), NHS England 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.

(9) A person appointed as a trust special administrator holds and vacates office in accordance with the terms of the appointment.

(10) NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.

65BA Care Quality Commission report on safety and quality of services

(1) This section applies where the Care Quality Commission require NHS England to make an order under section 65B(1) in relation to an NHS trust.

(2) The Care Quality Commission must, as soon as reasonably practicable after the making of the order, provide to NHS England and the Secretary of State a report on the safety and quality of the services that the trust provides under this Act.”

Commencement Information

I901 Sch. 8 para. 2 not in force at Royal Assent, see s. 186(6)

I902 Sch. 8 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

3 (1) Section 65D (NHS foundation trusts: appointment of trust special administrator) is amended as follows. E+W

(2) In subsections (1) and (1A)(b) and (c), for “the regulator”, in each place it occurs, substitute “NHS England”.

(3) In subsection (2), for “The regulator” substitute “NHS England”.

(4) After subsection (2) insert—

“(2A) Where NHS England is not required to make an order under this section as a result of subsection (1A), it may do so only if the Secretary of State has approved the making of the order.”

(5) In subsection (3), for “the regulator” substitute “NHS England”.

(6) In subsection (3A)—

(a) in paragraph (a), for “the regulator” substitute “NHS England”;

(b) in paragraph (b), omit sub-paragraph (ii) (but not the “and” at the end).

(7) For subsection (4) substitute—

“(4) Before making an order under this section in a case where it is not required to do so as a result of subsection (1A), NHS England must consult—

(a) the trust,

(b) any person to which the trust provides services under this Act and which NHS England considers it appropriate to consult, and

(c) the Care Quality Commission.”

(8) In subsection (6), for “The regulator” substitute “NHS England”.

(9) In subsection (7), for “the regulator” substitute “NHS England”.

(10) For subsection (12) substitute—

“(12) NHS England may pay remuneration and expenses to a trust special administrator appointed under this section.”

Commencement Information

I903 Sch. 8 para. 3 not in force at Royal Assent, see s. 186(6)

I904 Sch. 8 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

4 (1) Section 65DA (objective of trust special administration) is amended as follows. E+W

(2) In subsection (4)(c), for “the regulator” substitute “NHS England”.

(3) In subsection (5), for “The regulator” substitute “NHS England”.

(4) In subsection (5A), for “the regulator” substitute “NHS England”.

(5) In subsection (6)—

(a) for “the regulator” substitute “NHS England”;

(b) omit paragraph (b).

(6) In subsection (7), for “The Board” substitute “NHS England”.

(7) In subsection (8), for “the Board” substitute “NHS England”.

Commencement Information

I905 Sch. 8 para. 4 not in force at Royal Assent, see s. 186(6)

I906 Sch. 8 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

5 (1) Section 65F (draft report) is amended as follows. E+W

(2) For subsections (1) to (3) substitute—

“(1) A trust special administrator appointed in relation to an NHS trust must, within the period of 65 working days beginning with the day on which the administrator’s appointment takes effect—

(a) provide NHS England and the Secretary of State with a draft report recommending any action that NHS England or the Secretary of State should take in relation to the trust, and

(b) publish a copy of that draft report.

(1A) A trust special administrator appointed in relation to an 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 NHS England with a draft report recommending the action that NHS England should take in relation to the trust, and

(b) publish a copy of that draft report,

unless unable to obtain the statements required by subsections (1B) and (1C).

(1B) A trust special administrator may not provide a draft report under subsection (1A)—

(a) without having obtained a statement from each commissioner that the commissioner considers that the recommendation in the draft report—

(i) would achieve the objective set out in section 65DA(1)(a), and

(ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner, or

(b) where the administrator is unable to obtain a statement to that effect from one or more of the commissioners (other than NHS England), without having obtained a statement to that effect from NHS England.

(1C) A trust special administrator may not provide a draft report under subsection (1A) without having obtained a statement from the Care Quality Commission that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).

(2) When preparing a draft report under subsection (1) or (1A), the administrator must consult—

(a) any person to which the trust provides goods or services under this Act and which NHS England directs the administrator to consult, and

(b) the Care Quality Commission.

(3) After receiving a draft report under subsection (1) or (1A), NHS England must lay it before Parliament.”

(3) Omit subsections (4), (5) and (5A).

(4) For subsection (6) substitute—

“(6) Where NHS England decides not to provide to the administrator a statement to the effect mentioned in subsection (1B)(b), NHS England must—

(a) give a notice of the reasons for its decision to the administrator,

(b) publish the notice, and

(c) lay a copy of it before Parliament.

(6A) Where the Care Quality Commission decides not to provide to the administrator a statement to the effect mentioned in subsection (1C), the Commission must—

(a) give a notice of the reasons for its decision to the administrator and to NHS England,

(b) publish the notice, and

(c) lay a copy of it before Parliament.”

Commencement Information

I907 Sch. 8 para. 5 not in force at Royal Assent, see s. 186(6)

I908 Sch. 8 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

6 (1) Section 65G (consultation plan) is amended as follows. E+W

(2) In subsection (4)(b) for “the Board”, in both places it occurs, substitute “NHS England”.

(3) For subsection (5) substitute—

“(5) Where NHS England decides not to provide to the administrator a statement to the effect mentioned in subsection (4)(b), NHS England must—

(a) give a notice of the reasons for its decision to the administrator,

(b) publish the notice, and

(c) lay a copy of it before Parliament.

(5A) Where the Care Quality Commission decides not to provide to the administrator a statement to the effect mentioned in subsection (4A), the Commission must—

(a) give a notice of the reasons for its decision to the administrator and to NHS England,

(b) publish the notice, and

(c) lay a copy of it before Parliament.”

Commencement Information

I909 Sch. 8 para. 6 not in force at Royal Assent, see s. 186(6)

I910 Sch. 8 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

7 (1) Section 65H (consultation requirements) is amended as follows. E+W

(2) In subsection (7)—

(a) omit paragraph (za);

(b) in paragraph (b), omit “other”;

(c) for paragraphs (c) and (d) substitute—

“(c) the member of Parliament for any constituency, if required by directions given by NHS England;

(d) any other person specified in a direction given by NHS England.”

(3) Omit subsection (8).

(4) In subsection (9)(a), omit “the Board and”.

(5) After subsection (9) insert—

“(9A) NHS England may direct the administrator to hold a meeting to seek a response from any person.”

(6) For subsection (10) substitute—

“(10) The Secretary of State may direct NHS England as to the persons from whom it should direct the administrator to—

(a) request a written response (for NHS England’s powers of direction, see subsection (7)(c) and (d));

(b) seek a response by holding a meeting (for NHS England’s power of direction, see subsection (9A)).”

(7) Omit subsection (10A).

(8) In subsection (12), omit paragraph (b) and the “and” before it.

(9) Omit subsection (13).

Commencement Information

I911 Sch. 8 para. 7 not in force at Royal Assent, see s. 186(6)

I912 Sch. 8 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 (1) Section 65I (final report) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) A trust special administrator appointed in relation to an NHS trust must, within the period of 15 working days beginning with the end of the consultation period, provide NHS England and the Secretary of State with a final report stating any action that the administrator recommends that NHS England or Secretary of State should take in relation to the trust.

(1A) A trust special administrator appointed in relation to an NHS foundation trust must, within the period of 15 working days beginning with the end of the consultation period, provide NHS England with a final report stating the action that the administrator recommends that NHS England should take in relation to the trust.”

(3) In subsection (2), after “the final report” insert “mentioned in subsection (1) or (1A)”.

(4) In subsection (3), for “the Secretary of State” substitute “NHS England”.

(5) Omit subsection (4).

Commencement Information

I913 Sch. 8 para. 8 not in force at Royal Assent, see s. 186(6)

I914 Sch. 8 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

9 (1) Section 65J (power to extend time) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a) after “section 65F(1)” insert “or (1A)”;

(b) in paragraph (c), after section “65I(1)” insert “or (1A)”.

(3) In subsection (2), for “the Secretary of State”, in both places it occurs, substitute “NHS England”.

(4) Omit subsection (5).

Commencement Information

I915 Sch. 8 para. 9 not in force at Royal Assent, see s. 186(6)

I916 Sch. 8 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

10 E+W In the italic heading before section 65K for “the regulator” substitute “NHS England”.

Commencement Information

I917 Sch. 8 para. 10 not in force at Royal Assent, see s. 186(6)

I918 Sch. 8 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

11 E+W For section 65K substitute—

“65K Decision of NHS England or Secretary of State in case of NHS trust

(1) Within the period of 20 working days beginning with the day on which NHS England receives a final report under section 65I relating to an NHS trust, NHS England must decide what (if any) action to take in relation to the trust.

(2) 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, the Secretary of State must decide what (if any) action to take in relation to the trust.

(3) NHS England and the Secretary of State must consult one another before taking the decision under subsection (1) or (2).

(4) After taking a decision under subsection (1) or (2) NHS England or the Secretary of State (as the case may be) 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.”

Commencement Information

I919 Sch. 8 para. 11 not in force at Royal Assent, see s. 186(6)

I920 Sch. 8 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 (1) Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows. E+W

(2) In the heading for “Regulator’s” substitute “NHS England’s”.

(3) In each of subsections (1) and (3) to (5), for “the regulator”, in each place it occurs, substitute “NHS England”.

(4) In subsection (6), for “The regulator” substitute “NHS England”.

Commencement Information

I921 Sch. 8 para. 12 not in force at Royal Assent, see s. 186(6)

I922 Sch. 8 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13 (1) Section 65KB (Secretary of State’s response to regulator’s decision) is amended as follows. E+W

(2) In the heading for “regulator’s” substitute “NHS England’s”.

(3) In subsections (1)(c) and (2)(b), for “the regulator” substitute “NHS England”.

Commencement Information

I923 Sch. 8 para. 13 not in force at Royal Assent, see s. 186(6)

I924 Sch. 8 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

14 E+W In section 65KC (action following Secretary of State’s rejection of final report), in subsections (1) and (2), for “the regulator” substitute “NHS England”.

Commencement Information

I925 Sch. 8 para. 14 not in force at Royal Assent, see s. 186(6)

I926 Sch. 8 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

15 (1) In section 65KD (Secretary of State’s response to resubmitted report) is amended as follows. E+W

(2) In subsection (3), for “(4) to” substitute “(5), (6) and”.

(3) Omit subsection (4).

(4) For subsections (5) and (6) substitute—

“(5) If the notice states that an integrated care board has failed to discharge a function—

(a) the board is to be treated for the purposes of this Act as having failed to discharge the function,

(b) the Secretary of State may exercise the functions of NHS England under section 14Z61(2), (3)(a) and (5)(a), and

(c) NHS England may not exercise any of its functions under section 14Z61.

(6) Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of NHS England under section 14Z61(3)(a), the integrated care board to which the direction is given must cooperate with the Secretary of State.”

(5) Omit subsections (7) and (8).

Commencement Information

I927 Sch. 8 para. 15 not in force at Royal Assent, see s. 186(6)

I928 Sch. 8 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

16 (1) Section 65L (trusts coming out of administration) is amended as follows. E+W

(2) For subsections (1) to (2B) substitute—

“(1) Subsection (2) applies, in relation to an NHS trust, if NHS England and the Secretary of State both decide under section 65K not to dissolve the trust.

(2) NHS England 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.

(2A) Subsection (2B) applies, in relation to an NHS foundation trust, if—

(a) the Secretary of State decides under section 65KD(9) not to dissolve the trust, or

(b) the Secretary of State decides under section 65KB(1) or 65KD(1) that the Secretary of State is satisfied of the matters mentioned there, and the action recommended in the final report is to do something other than dissolve the trust.

(2B) NHS England 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 governors, chair and directors of the trust.”

(3) In subsection (7), for “the regulator”, in both places it occurs, substitute “NHS England”.

Commencement Information

I929 Sch. 8 para. 16 not in force at Royal Assent, see s. 186(6)

I930 Sch. 8 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

17 E+W In section 65LA (trusts to be dissolved), in subsection (3), for “The regulator” substitute “NHS England”.

Commencement Information

I931 Sch. 8 para. 17 not in force at Royal Assent, see s. 186(6)

I932 Sch. 8 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 (1) Section 65M (replacement of trust special administrator) is amended as follows. E+W

(2) For subsection (1) substitute—

“(1) If a trust special administrator ceases to hold office for any reason before an order is made under section 65L(2) or (2B) or the trust is dissolved, NHS England must—

(a) appoint another person as the trust special administrator, and

(b) publish the name of the person appointed.”

(3) In subsection (2), for “the Secretary of State” substitute “NHS England”.

(4) Omit subsection (3).

Commencement Information

I933 Sch. 8 para. 18 not in force at Royal Assent, see s. 186(6)

I934 Sch. 8 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 (1) Section 65N (guidance) is amended as follows. E+W

(2) In subsection (1), for “the Secretary of State” substitute “NHS England”.

(3) In subsection (1A), omit paragraph (b).

(4) In subsection (3A), for “the Secretary of State” substitute “NHS England”.

(5) Omit subsection (4).

Commencement Information

I935 Sch. 8 para. 19 not in force at Royal Assent, see s. 186(6)

I936 Sch. 8 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

20 E+W In section 65O (interpretation of Chapter), in subsection (1), in the definition of “trust special administrator”, for “65B(6)(a)” substitute “65B(8)(a)”.

Commencement Information

I937 Sch. 8 para. 20 not in force at Royal Assent, see s. 186(6)

I938 Sch. 8 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 E+W In section 272 (orders, regulations, rules and directions), in subsection (5)(ab), after “65L(2)” insert “, (2B)”.

Commencement Information

I939 Sch. 8 para. 21 not in force at Royal Assent, see s. 186(6)

I940 Sch. 8 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

PART 2 E+W Consequential amendments

National Health Service Act 2006 E+W

22 The National Health Service Act 2006 is amended as follows.

Commencement Information

I941 Sch. 8 para. 22 not in force at Royal Assent, see s. 186(6)

I942 Sch. 8 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

23 In section 13Q (public involvement and consultation by NHS England), for subsection (4) substitute—

“(4) This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).”

Commencement Information

I943 Sch. 8 para. 23 not in force at Royal Assent, see s. 186(6)

I944 Sch. 8 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 In section 242 (public involvement and consultation by NHS trusts), for subsection (6) substitute—

“(6) This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before—

(a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or

(b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).”

Commencement Information

I945 Sch. 8 para. 24 not in force at Royal Assent, see s. 186(6)

I946 Sch. 8 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2008 E+W

25 In section 29A of the Health and Social Care Act 2008 (warning notice: quality of health care), in subsection (5), for paragraph (b) substitute—

“(b) must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).”

Commencement Information

I947 Sch. 8 para. 25 not in force at Royal Assent, see s. 186(6)

I948 Sch. 8 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 72

SCHEDULE 9 E+W References to functions: treatment of delegation arrangements etc

Local Government Act 1974 E+W

1 In section 26 of the Local Government Act 1974 (matters subject to investigation), in subsection (1), for paragraph (d) substitute—

“(d) an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;”.

Commencement Information

I949 Sch. 9 para. 1 not in force at Royal Assent, see s. 186(6)

I950 Sch. 9 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Children Act 1989 E+W

2 In section 105 of the Children Act 1989 (interpretation), for subsection (7B) substitute—

“(7B) References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act.”

Commencement Information

I951 Sch. 9 para. 2 not in force at Royal Assent, see s. 186(6)

I952 Sch. 9 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service and Community Care Act 1990 E+W

3 In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), for paragraph (za) substitute—

“(za) that there may be a need for the provision of services to that person pursuant to arrangements made under the National Health Service Act 2006 by such integrated care board as may be determined in accordance with regulations (including such arrangements made by it in the exercise of functions of another person by virtue of any provision of that Act),”.

Commencement Information

I953 Sch. 9 para. 3 not in force at Royal Assent, see s. 186(6)

I954 Sch. 9 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Adoption and Children Act 2002 E+W

4 In section 4 of the Adoption and Children Act 2002 (assessments etc for adoption support services), in subsection (9), for paragraph (za) substitute—

“(za) there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by an integrated care board under the National Health Service Act 2006 (including such arrangements made by an integrated care board in the exercise of functions of another person by virtue of any provision of that Act),”.

Commencement Information

I955 Sch. 9 para. 4 not in force at Royal Assent, see s. 186(6)

I956 Sch. 9 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care (Community Health and Standards) Act 2003 E+W

5 In section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), in subsection (1)—

(a) at the end of paragraph (a) insert “(including any function that consists of exercising the function of another person)”;

(b) in paragraph (c), omit “section 75 of the National Health Service Act 2006 or”;

(c) omit paragraph (d).

Commencement Information

I957 Sch. 9 para. 5 not in force at Royal Assent, see s. 186(6)

I958 Sch. 9 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

National Health Service Act 2006 E+W

6 The National Health Service Act 2006 is amended as follows.

Commencement Information

I959 Sch. 9 para. 6 not in force at Royal Assent, see s. 186(6)

I960 Sch. 9 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

7 In section 13Z4 (interpretation of Chapter A1 of Part 2), omit subsections (2) to (4).

Commencement Information

I961 Sch. 9 para. 7 not in force at Royal Assent, see s. 186(6)

I962 Sch. 9 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 In section 73A (appointment of directors of public health), in subsection (1), after paragraph (c) insert—

“(ca) the exercise by the authority of any public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,”.

Commencement Information

I963 Sch. 9 para. 8 not in force at Royal Assent, see s. 186(6)

I964 Sch. 9 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

9 In section 73B (exercise of public health functions of local authorities: further provision), in subsection (2), after paragraph (c) insert—

“(ca) any public health functions of the Secretary of State exercisable by the authority in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,”.

Commencement Information

I965 Sch. 9 para. 9 not in force at Royal Assent, see s. 186(6)

I966 Sch. 9 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

10 In section 73C (complaints about exercise of public health functions by local authorities), in subsection (1), after paragraph (c) insert—

“(ca) anything done by a local authority in the exercise of public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75;”.

Commencement Information

I967 Sch. 9 para. 10 not in force at Royal Assent, see s. 186(6)

I968 Sch. 9 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

11 In section 223K (payments in respect of quality), in subsection (8), for the definition of “relevant services” substitute—

• ““relevant services” means services provided in pursuance of arrangements made by the integrated care board in the exercise of its functions by virtue of this Act;”.

Commencement Information

I969 Sch. 9 para. 11 not in force at Royal Assent, see s. 186(6)

I970 Sch. 9 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

12 In section 244 (review and scrutiny by local authorities), in subsection (3), in the definition of “relevant health service provider”, for paragraph (a) (but not the “and” at the end) substitute—

“(a)

provides services in pursuance of arrangements made by virtue of this Act,”.

Commencement Information

I971 Sch. 9 para. 12 not in force at Royal Assent, see s. 186(6)

I972 Sch. 9 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

13 In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies), in subsection (10), for the definition of “service arrangements” substitute—

• ““service arrangements” means arrangements made by virtue of this Act for the provision of services.”

Commencement Information

I973 Sch. 9 para. 13 not in force at Royal Assent, see s. 186(6)

I974 Sch. 9 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

14 In section 253 (emergency powers), in subsection (1A), in paragraph (d), for sub-paragraphs (i) to (iv) substitute “by virtue of this Act”.

Commencement Information

I975 Sch. 9 para. 14 not in force at Royal Assent, see s. 186(6)

I976 Sch. 9 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Local Government and Public Involvement in Health Act 2007 E+W

15 After section 116B of the Local Government and Public Involvement in Health Act 2007 insert—

“116C Sections 116 to 116B: references to functions

Section 275A of the National Health Service Act 2006 (references to functions of a person to include delegated functions etc) applies for the purposes of sections 116 to 116B of this Act as it applies for the purposes of that Act.”

Commencement Information

I977 Sch. 9 para. 15 not in force at Royal Assent, see s. 186(6)

I978 Sch. 9 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2008 E+W

16 In section 97 of the Health and Social Care Act 2008 (general interpretation of Part), for subsection (2A) substitute—

“(2A) Any reference in this Part to health care commissioned by NHS England or by an integrated care board is a reference to health care provided by other persons pursuant to arrangements made by NHS England or an integrated care board (including arrangements made by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).”

Commencement Information

I979 Sch. 9 para. 16 not in force at Royal Assent, see s. 186(6)

I980 Sch. 9 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W

17 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I981 Sch. 9 para. 17 not in force at Royal Assent, see s. 186(6)

I982 Sch. 9 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

18 In section 197 (participation of NHS England in Health and Wellbeing Board), in the definition of “commissioning functions” in subsection (6), at the end insert “(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person)”.

Commencement Information

I983 Sch. 9 para. 18 not in force at Royal Assent, see s. 186(6)

I984 Sch. 9 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

19 In section 199 (supply of information to Health and Wellbeing Boards), omit subsection (4).

Commencement Information

I985 Sch. 9 para. 19 not in force at Royal Assent, see s. 186(6)

I986 Sch. 9 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

20 In section 234 (quality standards), in subsection (11), for the definition of “NHS services” substitute—

• ““NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);”.

Commencement Information

I987 Sch. 9 para. 20 not in force at Royal Assent, see s. 186(6)

I988 Sch. 9 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

21 In section 237 (advice, guidance, information and recommendations), in subsection (10), for paragraphs (b) and (c) substitute—

“(b) the exercise by an authority of the functions of any other person by virtue of any provision of that Act.”

Commencement Information

I989 Sch. 9 para. 21 not in force at Royal Assent, see s. 186(6)

I990 Sch. 9 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

22 In section 250 (powers to publish information standards), in subsection (7), for the definition of “NHS services”, substitute—

• ““NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);”.

Commencement Information

I991 Sch. 9 para. 22 not in force at Royal Assent, see s. 186(6)

I992 Sch. 9 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

23 In section 263 (code of practice on confidential information), after subsection (7) insert—

“(8) In this section “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).”

Commencement Information

I993 Sch. 9 para. 23 not in force at Royal Assent, see s. 186(6)

I994 Sch. 9 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

24 In section 274 (powers of Secretary of State or Board to give directions), in subsection (9), at the appropriate place insert—

• ““NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);”.

Commencement Information

I995 Sch. 9 para. 24 not in force at Royal Assent, see s. 186(6)

I996 Sch. 9 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

25 In section 290 (duties to co-operate), in subsection (2), at the end insert “(including any functions that consist of exercising the functions of other persons)”.

Commencement Information

I997 Sch. 9 para. 25 not in force at Royal Assent, see s. 186(6)

I998 Sch. 9 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 77

SCHEDULE 10 E+W The NHS payment scheme

1 E+W The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I999 Sch. 10 para. 1 not in force at Royal Assent, see s. 186(6)

I1000 Sch. 10 para. 1 in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30)

I1001 Sch. 10 para. 1 in force at 1.4.2023 in so far as not already in force by S.I. 2023/371, reg. 2(d)

2 E+W In section 97 (conditions of licences for health care service providers), in subsection (1)(g), for “the national tariff (see section 116)” substitute “the NHS payment scheme (see section 114A)”.

Commencement Information

I1002 Sch. 10 para. 2 not in force at Royal Assent, see s. 186(6)

I1003 Sch. 10 para. 2 in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30)

I1004 Sch. 10 para. 2 in force at 1.4.2023 in so far as not already in force by S.I. 2023/371, reg. 2(d)

3 E+W In Part 3, for Chapter 4 substitute—

“CHAPTER 4 E+W The NHS payment scheme

114A The NHS payment scheme

(1) NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner—

(a) for the provision of health care services for the purposes of the NHS;

(b) for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act.

(2) The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection.

(3) Rules under subsection (1) may, in particular—

(a) specify prices;

(b) specify amounts, formulae or other matters on the basis of which prices are to be determined;

(c) provide for prices to be determined for, or by reference to, components of services or groups of services;

(d) make different provision for different services or provision for some services but not others;

(e) make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision;

(f) confer a discretion on the commissioner of a service or on NHS England.

(4) Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service.

(5) Rules made by virtue of subsection (4) may—

(a) make provision about how the price is to be agreed;

(b) allow the agreement to make any provision that could be made by rules by virtue of subsection (3);

(c) provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement.

(6) For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1)(a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1), have regard to—

(a) differences in the costs incurred in providing those services to persons of different descriptions, and

(b) differences between providers with respect to the range of those services that they provide.

(7) The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service.

(8) The NHS payment scheme may contain guidance as to the application of rules under subsection (1).

(9) A commissioner of a service mentioned in subsection (1) must have regard to any such guidance.

(10) The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect.

114B The NHS payment scheme: enforcement

Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction—

(a) to secure that the failure does not continue or recur, or

(b) to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred.

114C The NHS payment scheme: impact assessment and consultation

(1) Before publishing the NHS payment scheme, NHS England must—

(a) carry out an assessment of the likely impact of the proposed scheme, or

(b) publish a statement setting out its reasons for concluding that such assessment is not needed.

(2) Before publishing the NHS payment scheme, NHS England must consult the following—

(a) each integrated care board;

(b) each relevant provider;

(c) such other persons as NHS England considers appropriate.

(3) NHS England must give those persons a notice—

(a) describing the proposed NHS payment scheme,

(b) setting out any impact assessment carried out under subsection (1)(a), and

(c) specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end.

(4) The consultation period is the period of 28 days beginning with the day after that on which the notice is published.

(5) NHS England must publish the notice given under subsection (2).

(6) If, having consulted under this section—

(a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and

(b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,

NHS England must consult again under this section.

(7) Subsection (6) does not apply where section 114D applies.

(8) In this section “relevant provider” means—

(a) a licence holder, or

(b) another person, of a prescribed description, that provides—

(i) health care services for the purposes of the NHS, or

(ii) services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions).

114D Objections to proposed NHS payment scheme

(1) This section applies where—

(a) within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and

(b) either or both of the following apply—

(i) the objection percentage for integrated care boards exceeds the prescribed percentage;

(ii) the objection percentage for relevant providers exceeds the prescribed percentage.

(2) In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected.

(3) NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received.

(4) If, having complied with subsection (3)—

(a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and

(b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation,

NHS England must consult again under section 114C.

(5) If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must—

(a) publish a notice stating that decision and setting out the reasons for it, and

(b) send a copy of the notice to—

(i) the persons consulted under subsection (3), and

(ii) the integrated care boards or relevant providers from whom objections were received.

114E Amendments of the NHS payment scheme

(1) NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme.

(2) In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to—

(a) the proportion of integrated care boards that would be affected by the proposed amendments;

(b) the proportion of relevant providers that would be affected by the proposed amendments;

(c) the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them;

(d) whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments;

(e) the amount of any increase or decrease in prices that would result from the proposed amendments.

(3) If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended.

(4) Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments—

(a) any integrated care boards that would be affected by the proposed amendments;

(b) any relevant providers that would be affected by the proposed amendments;

(c) such other persons as NHS England considers appropriate.

(5) NHS England must publish a notice specifying—

(a) the proposed amendments, and

(b) when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end.

(6) The consultation period is the period of 28 days beginning with the day after that on which the notice is published.

(7) NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4).

114F Interpretation

In this Chapter—

• “commissioner”, in relation to a service, means the person who arranges for the provision of the service;

• “the NHS payment scheme” means the document published under section 114A(1);

• “relevant provider” has the meaning given by section 114C(8).”

Commencement Information

I1005 Sch. 10 para. 3 not in force at Royal Assent, see s. 186(6)

I1006 Sch. 10 para. 3 in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30)

I1007 Sch. 10 para. 3 in force at 1.4.2023 in so far as not already in force by S.I. 2023/371, reg. 2(d)

4 E+W In section 304 (regulations, orders and directions), in subsection (5), for paragraph (g) substitute—

“(g) regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme);”.

Commencement Information

I1008 Sch. 10 para. 4 not in force at Royal Assent, see s. 186(6)

I1009 Sch. 10 para. 4 in force at 1.7.2022 for specified purposes by S.I. 2022/734, reg. 2(b) (with regs. 13, 29, 30)

I1010 Sch. 10 para. 4 in force at 1.4.2023 in so far as not already in force by S.I. 2023/371, reg. 2(d)

Yn ddilys o 01/01/2024

Section 78

SCHEDULE 11 E+W Patient choice: undertakings by integrated care boards

Commencement Information

I1011 Sch. 11 not in force at Royal Assent, see s. 186(6)

After Schedule 1 to the National Health Service Act 2006 insert—

Section 6F

“SCHEDULE 1ZA E+W Patient choice: undertakings by integrated care boards

Introductory

1 This Schedule makes further provision about undertakings under section 6F.

Procedure

2 (1) NHS England must publish a procedure for entering into undertakings.

(2) NHS England may revise the procedure and, if it does so, NHS England must publish the procedure as revised.

(3) NHS England must consult such persons as it considers appropriate before publishing or revising the procedure.

3 (1) Where NHS England accepts an undertaking, NHS England must publish the undertaking.

(2) But NHS England must not under sub-paragraph (1) publish any part of an undertaking which contains information which it 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 NHS England agree.

Compliance certificates

5 (1) Where NHS England is satisfied that an undertaking has been complied with, NHS England 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 NHS England for a compliance certificate.

(3) The application must be made in such form, and accompanied by such information, as NHS England requires.

(4) NHS England must decide whether or not to issue a compliance certificate, and give notice to the applicant of its 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 NHS England 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 NHS England’s decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

7 Where NHS England is satisfied that an integrated care board which has given an undertaking has supplied NHS England with inaccurate, misleading or incorrect information in relation to the undertaking—

(a) NHS England may treat the integrated care board as having failed to comply with the undertaking, and

(b) if NHS England decides so to treat the integrated care board, NHS England must by notice revoke any certificate of compliance given to that integrated care board.”

Section 84

SCHEDULE 12 E+W+S Removal of functions relating to competition etc

Company Directors Disqualification Act 1986 E+W+S

1 In section 9E of the Company Directors Disqualification Act 1986 (disqualification for competition infringements: interpretation), in subsection (2), omit paragraph (f).

Commencement Information

I1012 Sch. 12 para. 1 not in force at Royal Assent, see s. 186(6)

I1013 Sch. 12 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Competition Act 1998 E+W+S

2 In section 54 of the Competition Act 1998 (list of regulators), in subsection (1), omit paragraph (h).

Commencement Information

I1014 Sch. 12 para. 2 not in force at Royal Assent, see s. 186(6)

I1015 Sch. 12 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Enterprise Act 2002 E+W+S

3 (1) Section 136 of the Enterprise Act 2002 (investigations and reports on market investigation references) is amended as follows.

(2) In subsection (7), omit paragraph (i).

(3) In subsection (8), omit “, Monitor”.

Commencement Information

I1016 Sch. 12 para. 3 not in force at Royal Assent, see s. 186(6)

I1017 Sch. 12 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Health and Social Care Act 2012 E+W+S

4 The Health and Social Care Act 2012 is amended as follows.

Commencement Information

I1018 Sch. 12 para. 4 not in force at Royal Assent, see s. 186(6)

I1019 Sch. 12 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

5 In section 74 (competition functions: supplementary), omit subsections (1) to (6).

Commencement Information

I1020 Sch. 12 para. 5 not in force at Royal Assent, see s. 186(6)

I1021 Sch. 12 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

6 In section 288 (Monitor: duty to cooperate with Care Quality Commission), omit subsection (3).

Commencement Information

I1022 Sch. 12 para. 6 not in force at Royal Assent, see s. 186(6)

I1023 Sch. 12 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Enterprise and Regulatory Reform Act 2013 E+W+S

7 The Enterprise and Regulatory Reform Act 2013 is amended as follows.

Commencement Information

I1024 Sch. 12 para. 7 not in force at Royal Assent, see s. 186(6)

I1025 Sch. 12 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

8 In Schedule 4 (the Competition and Markets Authority), in paragraph 16(7), omit paragraph (g).

Commencement Information

I1026 Sch. 12 para. 8 not in force at Royal Assent, see s. 186(6)

I1027 Sch. 12 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

9 In Schedule 14 (regulators: use of powers under the Competition Act 1998), omit paragraphs 20 to 22.

Commencement Information

I1028 Sch. 12 para. 9 not in force at Royal Assent, see s. 186(6)

I1029 Sch. 12 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Care Act 2014 E+W+S

10 In section 92 of the Care Act 2014 (care standards: false or misleading information offence), omit subsections (7) and (8).

Commencement Information

I1030 Sch. 12 para. 10 not in force at Royal Assent, see s. 186(6)

I1031 Sch. 12 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 109

SCHEDULE 13 E+W The Health Services Safety Investigations Body

PART 1 E+W Constitution

Status E+W

1 (1) The HSSIB is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The HSSIB’s property is not to be regarded—

(a) as the property of the Crown, or

(b) as property held on behalf of the Crown.

Commencement Information

I1032 Sch. 13 para. 1 not in force at Royal Assent, see s. 186(6)

I1033 Sch. 13 para. 1 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Membership E+W

2 (1) The HSSIB is to consist of—

(a) a Chief Investigator appointed in accordance with paragraph 3,

(b) other members appointed in accordance with paragraph 4, and

(c) a chair and at least four other members appointed by the Secretary of State.

(2) The Chief Investigator is to be the chief executive of the HSSIB.

(3) The HSSIB must have more non-executive than executive members.

(4) In this Schedule—

(a) references to executive members of the HSSIB are references to the members mentioned in sub-paragraph (1)(a) and (b), and

(b) references to non-executive members of the HSSIB are references to the members mentioned in sub-paragraph (1)(c).

Commencement Information

I1034 Sch. 13 para. 2 not in force at Royal Assent, see s. 186(6)

I1035 Sch. 13 para. 2 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

The Chief Investigator: appointment and status E+W

3 (1) The Chief Investigator is to be appointed by the non-executive members with the consent of the Secretary of State.

(2) The Chief Investigator is to be an employee of the HSSIB.

Commencement Information

I1036 Sch. 13 para. 3 not in force at Royal Assent, see s. 186(6)

I1037 Sch. 13 para. 3 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Other executive members: appointment and status E+W

4 (1) The other executive members of the HSSIB are to be appointed by the non-executive members.

(2) The non-executive members may not appoint more than five other executive members without the consent of the Secretary of State.

(3) The other executive members are to be employees of the HSSIB.

Commencement Information

I1038 Sch. 13 para. 4 not in force at Royal Assent, see s. 186(6)

I1039 Sch. 13 para. 4 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Non-executive members: tenure E+W

5 (1) A person holds and vacates office as a non-executive member of the HSSIB in accordance with that person’s terms of appointment (subject to the following provisions of this paragraph).

(2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.

(3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—

(a) incapacity,

(b) misbehaviour, or

(c) failure to carry out the person’s duties as a non-executive member.

(4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).

(5) A person may be appointed as a non-executive member for an initial term of up to three years.

(6) A person who has been appointed as a non-executive member for an initial term may be re-appointed, but only for one further term of up to three years.

(7) The further term must begin at the end of the initial term.

Commencement Information

I1040 Sch. 13 para. 5 not in force at Royal Assent, see s. 186(6)

I1041 Sch. 13 para. 5 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Non-executive members: suspension from office E+W

6 (1) This paragraph applies where a person is suspended under paragraph 5(4).

(2) The Secretary of State must give notice of the decision to suspend to the person.

(3) The suspension takes effect on receipt by the person of the notice.

(4) The notice may be—

(a) delivered in person (in which case the person is taken to receive it when it is delivered), or

(b) sent by first class post to the person’s last known address (in which case the person is taken to receive it on the third day after the day on which it is posted).

(5) The initial period of suspension must not exceed six months.

(6) The Secretary of State may review the suspension at any time.

(7) The Secretary of State—

(a) must review the suspension if requested in writing by the person to do so, but

(b) is not required to review the suspension before the end of the period of three months beginning with the start of the initial period of suspension.

(8) Following a review during a period of suspension, the Secretary of State may—

(a) confirm the suspension,

(b) revoke the suspension, or

(c) suspend the person for another period of not more than six months beginning with the expiry of the current period.

(9) The Secretary of State must revoke the suspension if the Secretary of State—

(a) decides that there are no grounds to remove the person from office under paragraph 5(3), or

(b) decides that there are grounds to do so but does not remove the person from office under that provision.

Commencement Information

I1042 Sch. 13 para. 6 not in force at Royal Assent, see s. 186(6)

I1043 Sch. 13 para. 6 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

7 (1) Where a person is suspended from office as the chair under paragraph 5(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair’s functions.

(2) Appointment as interim chair is for a term not exceeding the shorter of—

(a) the period ending with either—

(i) the appointment of a new chair, or

(ii) the revocation or expiry of the existing chair’s suspension, and

(b) the remainder of the interim chair’s term as a non-executive member.

(3) Sub-paragraph (4) applies if—

(a) a person’s initial term as interim chair is to cease as a result of the expiry of the person’s initial term as a non-executive member, and

(b) that person is to be re-appointed as a non-executive member.

(4) The person may be re-appointed as interim chair for a further term determined in accordance with sub-paragraph (2).

(5) That further term must begin at the end of the person’s initial term as interim chair.

Commencement Information

I1044 Sch. 13 para. 7 not in force at Royal Assent, see s. 186(6)

I1045 Sch. 13 para. 7 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Non-executive members: payment E+W

8 (1) The HSSIB must pay to the non-executive members such remuneration as the Secretary of State may determine.

(2) The HSSIB must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.

(3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the HSSIB must pay compensation to the person of such amount as the Secretary of State may determine.

Commencement Information

I1046 Sch. 13 para. 8 not in force at Royal Assent, see s. 186(6)

I1047 Sch. 13 para. 8 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Staff E+W

9 (1) The HSSIB may appoint such persons to be employees of the HSSIB as it considers appropriate.

(2) Employees of the HSSIB are to be paid such remuneration as the HSSIB may determine.

(3) Employees of the HSSIB are to be appointed on such other terms and conditions as the HSSIB may determine.

(4) The HSSIB may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the HSSIB.

(5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), the HSSIB must obtain the approval of the Secretary of State to its policy on that matter.

Commencement Information

I1048 Sch. 13 para. 9 not in force at Royal Assent, see s. 186(6)

I1049 Sch. 13 para. 9 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Procedure E+W

10 (1) The HSSIB may regulate its own procedure.

(2) The validity of any act of the HSSIB is not affected by any vacancy among the members or by any defect in the appointment of any member.

Commencement Information

I1050 Sch. 13 para. 10 not in force at Royal Assent, see s. 186(6)

I1051 Sch. 13 para. 10 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Committees E+W

11 (1) The HSSIB may appoint such committees and sub-committees as it considers appropriate.

(2) A committee or sub-committee may consist of or include persons who are not members or employees of the HSSIB.

(3) The HSSIB may pay such remuneration and allowances as it may determine to any person who—

(a) is a member of a committee or a sub-committee, but

(b) is not an employee of the HSSIB,

whether or not that person is a non-executive member of the HSSIB.

(4) Before making a determination as to remuneration or allowances for the purposes of sub-paragraph (3), the HSSIB must consult the Secretary of State.

Commencement Information

I1052 Sch. 13 para. 11 not in force at Royal Assent, see s. 186(6)

I1053 Sch. 13 para. 11 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Exercise of functions E+W

12 (1) The HSSIB must exercise the functions conferred on it by this Part effectively, efficiently and economically.

(2) The HSSIB may arrange for the exercise of any of its functions on its behalf by—

(a) any non-executive member,

(b) any employee (including any executive member), or

(c) a committee or sub-committee.

Commencement Information

I1054 Sch. 13 para. 12 not in force at Royal Assent, see s. 186(6)

I1055 Sch. 13 para. 12 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Assistance in exercise of functions E+W

13 (1) The HSSIB may arrange for persons to assist it in the exercise of its functions in relation to—

(a) a particular case, or

(b) cases of a particular description.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Commencement Information

I1056 Sch. 13 para. 13 not in force at Royal Assent, see s. 186(6)

I1057 Sch. 13 para. 13 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Funding E+W

14 (1) The Secretary of State may make payments to the HSSIB out of money provided by Parliament of such amounts as the Secretary of State considers appropriate.

(2) Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State considers appropriate.

Commencement Information

I1058 Sch. 13 para. 14 not in force at Royal Assent, see s. 186(6)

I1059 Sch. 13 para. 14 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Supplementary powers E+W

15 (1) The HSSIB may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on it by this Part.

(2) The power under sub-paragraph (1) includes power for the HSSIB to do the following—

(a) enter into agreements;

(b) acquire and dispose of property;

(c) supply materials, facilities and services to any person;

(d) develop and exploit ideas and exploit intellectual property.

(3) But the HSSIB requires the consent of the Secretary of State to borrow money temporarily by way of overdraft.

Commencement Information

I1060 Sch. 13 para. 15 not in force at Royal Assent, see s. 186(6)

I1061 Sch. 13 para. 15 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Use of income from charges E+W

16 Where the HSSIB receives income from imposing charges under section 127(8) or 128(4), it must ensure that the income is used for exercising its functions.

Commencement Information

I1062 Sch. 13 para. 16 not in force at Royal Assent, see s. 186(6)

I1063 Sch. 13 para. 16 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Losses and liabilities etc E+W

17 (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 HSSIB were an authority of the kind referred to in that section.

(2) In its application to the HSSIB 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.

Commencement Information

I1064 Sch. 13 para. 17 not in force at Royal Assent, see s. 186(6)

I1065 Sch. 13 para. 17 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Accounts E+W

18 (1) The HSSIB must keep proper accounts and proper records in relation to the accounts.

(2) The Secretary of State may give directions to the HSSIB as to—

(a) the content and form of its accounts, and

(b) the methods and principles to be applied in the preparation of its accounts.

Commencement Information

I1066 Sch. 13 para. 18 not in force at Royal Assent, see s. 186(6)

I1067 Sch. 13 para. 18 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

19 (1) The HSSIB must prepare annual accounts in respect of each financial year.

(2) The HSSIB must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

(3) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts, and

(b) lay copies of them and the report before Parliament.

(4) In this paragraph and paragraph 20, “financial year” means a period of 12 months ending with 31 March.

Commencement Information

I1068 Sch. 13 para. 19 not in force at Royal Assent, see s. 186(6)

I1069 Sch. 13 para. 19 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Reports and other information E+W

20 (1) As soon as practicable after the end of each financial year, the HSSIB must prepare an annual report on how it has exercised its functions during the financial year to which the report relates.

(2) The report must, among other things, set out the measures that the HSSIB has taken to ensure that its functions are exercised effectively, efficiently and economically.

(3) The HSSIB must send a copy of the report to the Secretary of State.

(4) The Secretary of State must lay a copy of the report before Parliament.

(5) The HSSIB must publish the report once it has been laid before Parliament.

(6) Subject to sub-paragraph (7), the Secretary of State may require the HSSIB to provide to the Secretary of State such other reports and information relating to the exercise of its functions as the Secretary of State may request.

(7) The Secretary of State may not require the HSSIB to provide any reports or information that relate to an investigation that the HSSIB is carrying out or has carried out.

Commencement Information

I1070 Sch. 13 para. 20 not in force at Royal Assent, see s. 186(6)

I1071 Sch. 13 para. 20 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Seal and signature E+W

21 (1) The application of the HSSIB’s seal must be authenticated by the signature of any member of the HSSIB or any other person who has been authorised (generally or specially) for that purpose.

(2) A document purporting to be duly executed under the HSSIB’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.

Commencement Information

I1072 Sch. 13 para. 21 not in force at Royal Assent, see s. 186(6)

I1073 Sch. 13 para. 21 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

PART 2 E+W Transfer schemes

22 (1) The Secretary of State may, in connection with the establishment of the HSSIB by this Act, make one or more transfer schemes. E+W

(2) A “transfer scheme” is a scheme for the transfer to the HSSIB of any property, rights or liabilities of NHS England relating to the discharge of NHS England’s functions pursuant to any directions made by the Secretary of State under the power conferred by section 44 which are in force at the time the scheme is made.

(3) The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme;

(c) criminal liabilities.

(4) A transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred;

(b) make provision about the continuing effect of things done by, on behalf of or in relation to NHS England in respect of anything transferred;

(c) 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;

(d) 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 HSSIB;

(e) make provision for the shared ownership or use of property;

(f) make provision which is the same as or similar to the TUPE regulations;

(g) make other consequential, supplementary, incidental or transitional provision.

(5) A transfer scheme may provide—

(a) for modifications by agreement;

(b) for modifications to have effect from the date when the original scheme came into effect.

(6) In sub-paragraph (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(7) For the purposes of this paragraph—

(a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

(b) references to the transfer of property include the grant of a lease.

(8) For the purposes of sub-paragraph (7)(a)—

(a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

(b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.

Commencement Information

I1074 Sch. 13 para. 22 not in force at Royal Assent, see s. 186(6)

I1075 Sch. 13 para. 22 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

23 (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to— E+W

(a) anything transferred under a scheme under paragraph 22, or

(b) anything done for the purposes of, or in relation to, a transfer under such a scheme.

(2) The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—

(a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;

(b) anything transferred to be treated in a specified way for the purposes of a tax provision;

(c) 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.

(3) The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—

(a) 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;

(b) 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;

(c) 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.

(4) Regulations under this paragraph are subject to annulment in pursuance of a resolution of the House of Commons.

(5) In this paragraph references to the transfer of property include the grant of a lease.

(6) In this paragraph—

• “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.

Commencement Information

I1076 Sch. 13 para. 23 not in force at Royal Assent, see s. 186(6)

I1077 Sch. 13 para. 23 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Section 123

SCHEDULE 14 E+W Prohibition on disclosure of HSSIB material: exceptions

Disclosures for purposes of investigations E+W

1 (1) The HSSIB, or an individual connected with the HSSB, may disclose protected material to an individual connected with the HSSIB if—

(a) the person making the disclosure, or

(b) an authorised person,

reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function.

(2) In this paragraph “authorised person” means an individual connected with the HSSIB who is authorised by the HSSIB for the purposes of this paragraph.

Commencement Information

I1078 Sch. 14 para. 1 not in force at Royal Assent, see s. 186(6)

I1079 Sch. 14 para. 1 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

2 The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person not connected with the HSSIB if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function.

Commencement Information

I1080 Sch. 14 para. 2 not in force at Royal Assent, see s. 186(6)

I1081 Sch. 14 para. 2 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Disclosures relating to prosecution or investigation of offences E+W

3 The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the prosecution or investigation of an offence under section 121 (offences relating to investigations) or 124 (unlawful disclosure).

Commencement Information

I1082 Sch. 14 para. 3 not in force at Royal Assent, see s. 186(6)

I1083 Sch. 14 para. 3 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Disclosures relating to safety risks E+W

4 The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person where—

(a) the Chief Investigator 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 Chief Investigator reasonably believes that the person is in a position to address the risk, and

(c) the disclosure is only to the extent necessary to enable the person to take steps to address the risk.

Commencement Information

I1084 Sch. 14 para. 4 not in force at Royal Assent, see s. 186(6)

I1085 Sch. 14 para. 4 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Disclosure by order of the High Court E+W

5 (1) A person may apply to the High Court for an order that any protected material be disclosed by the HSSIB 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 HSSIB 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 by deterring persons from providing information for the purposes of investigations, and

(b) any adverse impact on securing the improvement of the safety of health care services provided to patients in England.

Commencement Information

I1086 Sch. 14 para. 5 not in force at Royal Assent, see s. 186(6)

I1087 Sch. 14 para. 5 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Exercise of Chief Investigator’s functions E+W

6 (1) The Chief Investigator may arrange for the Chief Investigator’s functions under any provision of this Schedule to be exercised by an investigator.

(2) An arrangement under this paragraph may relate to a particular case, a particular class of case or all cases.

Commencement Information

I1088 Sch. 14 para. 6 not in force at Royal Assent, see s. 186(6)

I1089 Sch. 14 para. 6 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Guidance E+W

7 (1) The HSSIB must publish guidance as to—

(a) when it might be appropriate for protected material to be disclosed under paragraph 2, 3, or 4,

(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 HSSIB revises the guidance, the HSSIB must publish it as revised.

Commencement Information

I1090 Sch. 14 para. 7 not in force at Royal Assent, see s. 186(6)

I1091 Sch. 14 para. 7 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Section 134

SCHEDULE 15 E+W Consequential amendments relating to Part 4

Public Records Act 1958 (c. 51) E+W

1 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the table in paragraph 3, at the appropriate place insert—

• “Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).”

Commencement Information

I1092 Sch. 15 para. 1 not in force at Royal Assent, see s. 186(6)

I1093 Sch. 15 para. 1 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Public Bodies (Admission to Meetings) Act 1960 (c. 67) E+W

2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (p) (inserted by Schedule 4 to this Act) insert—

“(q) the Health Services Safety Investigations Body.”

Commencement Information

I1094 Sch. 15 para. 2 not in force at Royal Assent, see s. 186(6)

I1095 Sch. 15 para. 2 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Parliamentary Commissioner Act 1967 (c. 13) E+W

3 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I1096 Sch. 15 para. 3 not in force at Royal Assent, see s. 186(6)

I1097 Sch. 15 para. 3 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

House of Commons Disqualification Act 1975 (c. 24) E+W

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert —

• “Chief Investigator, chair or other member of the Health Services Safety Investigations Body.”

Commencement Information

I1098 Sch. 15 para. 4 not in force at Royal Assent, see s. 186(6)

I1099 Sch. 15 para. 4 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Copyright, Designs and Patents Act 1988 (c. 48) E+W

5 In section 48(6) of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) after “the Care Quality Commission,” insert “the Health Services Safety Investigations Body,”.

Commencement Information

I1100 Sch. 15 para. 5 not in force at Royal Assent, see s. 186(6)

I1101 Sch. 15 para. 5 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Employment Rights Act 1996 (c. 18) E+W

6 (1) The Employment Rights Act 1996 is amended as follows.

(2) In section 49B(7) (regulations prohibiting discrimination because of protected disclosure) after paragraph (g) insert—

“(ga) the Health Services Safety Investigations Body;”.

(3) In section 50(8) (right to time off for public duties) after paragraph (ad) insert—

“(ae) the Health Services Safety Investigations Body,”.

(4) In section 218(10) (change of employer) after paragraph (cd) insert—

“(ce) the Health Services Safety Investigations Body.”

Commencement Information

I1102 Sch. 15 para. 6 not in force at Royal Assent, see s. 186(6)

I1103 Sch. 15 para. 6 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Freedom of Information Act 2000 (c. 36) E+W

7 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) at the appropriate place insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I1104 Sch. 15 para. 7 not in force at Royal Assent, see s. 186(6)

I1105 Sch. 15 para. 7 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

National Health Service Act 2006 (c. 41) E+W

8 (1) The National Health Service Act 2006 is amended as follows.

(2) In section 9(4) (NHS contracts) after paragraph (kc) insert—

“(kd) the Health Services Safety Investigations Body,”.

(3) In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies: bodies eligible to participate) after paragraph (fa) insert—

“(fb) the Health Services Safety Investigations Body,”.

(4) In section 247C(2) (Secretary of State’s duty to keep health service functions under review) after paragraph (ea) insert—

“(eb) the Health Services Safety Investigations Body;”.

(5) In section 253 (emergency powers)—

(a) in subsection (1A), after paragraph (c) insert—

“(ca) the Health Services Safety Investigations Body;”, and

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 15 para. 8(5)(b) omitted (1.2.2023) by virtue of The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 22 (with reg. 3)

Commencement Information

I1106 Sch. 15 para. 8 not in force at Royal Assent, see s. 186(6)

I1107 Sch. 15 para. 8 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Health Act 2009 (c. 21) E+W

9 In section 2(2) of the Health Act 2009 (duty to have regard to NHS Constitution) after paragraph (h) insert—

“(i) the Health Services Safety Investigations Body.”

Commencement Information

I1108 Sch. 15 para. 9 not in force at Royal Assent, see s. 186(6)

I1109 Sch. 15 para. 9 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Equality Act 2010 (c. 15) E+W

10 In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to which the public sector equality duty applies) under the heading “Health, social care and social security”, after the entry relating to the Health and Social Care Information Centre insert—

• “The Health Services Safety Investigations Body.”

Commencement Information

I1110 Sch. 15 para. 10 not in force at Royal Assent, see s. 186(6)

I1111 Sch. 15 para. 10 in force at 1.10.2023 by S.I. 2023/1035, reg. 2(c)

Section 160

SCHEDULE 16 E+W Virginity testing and hymenoplasty: consequential amendments

Police and Criminal Evidence Act 1984 E+W

1 In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (t) insert—

“(u) an offence under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).”

Commencement Information

I1112 Sch. 16 para. 1 not in force at Royal Assent, see s. 186(6)

I1113 Sch. 16 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Police and Criminal Evidence (Northern Ireland) Order 1989 E+W

2 In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (qualifying offences for the purposes of Part 6 of that Order), in paragraph (2)—

(a) the second sub-paragraph (t) (inserted by the Space Industry Act 2018) becomes sub-paragraph (u);

(b) after that sub-paragraph insert—

“(v) an offence under any of sections 144 to 146 and 156 to 158 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).”

Commencement Information

I1114 Sch. 16 para. 2 not in force at Royal Assent, see s. 186(6)

I1115 Sch. 16 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Criminal Justice and Public Order Act 1994 E+W

3 (1) Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available) is amended as follows.

(2) After paragraph 25 insert—

“25A An offence under any of the following sections of the Health and Care Act 2022—

(a) section 136 (virginity testing);

(b) section 137 (offering to carry out virginity testing);

(c) section 138 (aiding or abetting etc a person to carry out virginity testing);

(d) section 148 (carrying out hymenoplasty);

(e) section 149 (offering to carry out hymenoplasty);

(f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).”

(3) After paragraph 43 insert—

“43A An offence under any of the following sections of the Health and Care Act 2022—

(a) section 140 (virginity testing);

(b) section 141 (offering to carry out virginity testing);

(c) section 142 (aiding or abetting etc a person to carry out virginity testing);

(d) section 152 (carrying out hymenoplasty);

(e) section 153 (offering to carry out hymenoplasty);

(f) section 154 (aiding or abetting etc a person to carry out hymenoplasty).”

(4) After paragraph 67 insert—

“68 An offence under any of the following sections of the Health and Care Act 2022—

(a) section 144 (virginity testing);

(b) section 145 (offering to carry out virginity testing);

(c) section 146 (aiding or abetting etc a person to carry out virginity testing);

(d) section 156 (carrying out hymenoplasty);

(e) section 157 (offering to carry out hymenoplasty);

(f) section 158 (aiding or abetting etc a person to carry out hymenoplasty).”

Commencement Information

I1116 Sch. 16 para. 3 not in force at Royal Assent, see s. 186(6)

I1117 Sch. 16 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Criminal Procedure (Scotland) Act 1995 E+W

4 The Criminal Procedure (Scotland) Act 1995 is amended as follows.

Commencement Information

I1118 Sch. 16 para. 4 not in force at Royal Assent, see s. 186(6)

I1119 Sch. 16 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

5 In section 19A (samples etc. from persons convicted of sexual or violent offences), in the definition of “relevant violent offence” in subsection (6), in paragraph (h)—

(a) omit the “and” at the end of sub-paragraph (iv);

(b) after sub-paragraph (v) insert—

“(vi) any of sections 140 to 142 and 152 to 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).”

Commencement Information

I1120 Sch. 16 para. 5 not in force at Royal Assent, see s. 186(6)

I1121 Sch. 16 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

6 In section 271BZA (child witnesses in certain solemn cases: special measures), in subsection (2), after paragraph (f) insert—

“(fa) an offence under any of sections 140 to 142 and 152 to 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty);”.

Commencement Information

I1122 Sch. 16 para. 6 not in force at Royal Assent, see s. 186(6)

I1123 Sch. 16 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Crime and Disorder Act 1998 E+W

7 In section 51C of the Crime and Disorder Act 1998 (notices in certain cases involving children), in subsection (3)—

(a) after paragraph (da) insert—

“(db) under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (virginity testing and hymenoplasty etc);”;

(b) for “paragraph (a), (b), (c), (d) or (da)” substitute “any of paragraphs (a) to (db)”.

Commencement Information

I1124 Sch. 16 para. 7 not in force at Royal Assent, see s. 186(6)

I1125 Sch. 16 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007) E+W

8 Pending the commencement of its repeal by section 81(2)(d) of the Disclosure (Scotland) Act 2020, paragraph 2 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences) has effect as if it included a reference to an individual who commits an offence under any of sections 140 to 142 or 152 to 154 of this Act (offences relating to virginity testing and hymenoplasty).

Commencement Information

I1126 Sch. 16 para. 8 not in force at Royal Assent, see s. 186(6)

I1127 Sch. 16 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Modern Slavery Act 2015 E+W

9 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36A insert—

“Health and Care Act 2022

36B An offence under any of the following provisions of the Health and Care Act 2022—

(a) section 136 (virginity testing);

(b) section 137 (offering to carry out virginity testing);

(c) section 138 (aiding or abetting etc a person to carry out virginity testing);

(d) section 148 (carrying out hymenoplasty);

(e) section 149 (offering to carry out hymenoplasty);

(f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).”

Commencement Information

I1128 Sch. 16 para. 9 not in force at Royal Assent, see s. 186(6)

I1129 Sch. 16 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Section 171

SCHEDULE 17 U.K. Storage of gametes and embryos

PART 1 E+W Amendments to Human Fertilisation and Embryology Act 1990

Introductory E+W

1 The Human Fertilisation and Embryology Act 1990 is amended as follows.

Commencement Information

I1130 Sch. 17 para. 1 in force at 1.7.2022, see s. 186(3)

Maximum storage periods E+W

2 (1) Section 14 (conditions of storage licences) is amended as follows.

(2) In subsection (1), for paragraph (c) substitute—

“(c) that the requirements of subsection (3) (maximum storage periods) are met,”.

(3) For subsections (3) to (5) substitute—

“(3) The requirements referred to in subsection (1)(c) are as follows—

(a) gametes must not be kept in storage for longer than such period not exceeding 55 years beginning with the day on which they are first placed in storage as the licence may specify;

(b) an embryo must not be kept in storage for treatment purposes for longer than such period not exceeding 55 years beginning with the day on which it is first so kept as the licence may specify;

(c) an embryo that is kept in storage for the research or training purpose but not for treatment purposes must not be so kept for longer than such period not exceeding 10 years beginning with the day on which consent was given under Schedule 3 to the storage of the embryo for that purpose as the licence may specify;

(d) a human admixed embryo must not be kept in storage for longer than such period not exceeding 10 years beginning with the day on which it is first placed in storage as the licence may specify.

(4) Where under Schedule 3 consent is given to the storage of an embryo for the training or research purpose by different persons on different days, the reference in subsection (3)(c) to the day on which consent was given is to be taken as a reference to the last of those days.

(5) For the purposes of this section—

(a) “treatment purposes” are purposes referred to in paragraph 2(1)(a) or (b) of Schedule 3;

(b) the “training purpose” is the purpose referred to in paragraph 2(1)(ba) of that Schedule;

(c) the “research purpose” is the purpose referred to in paragraph 2(1)(c) of that Schedule.”

Commencement Information

I1131 Sch. 17 para. 2 in force at 1.7.2022, see s. 186(3)

3 In section 47 (index), omit the entry for the “Statutory storage period”.

Commencement Information

I1132 Sch. 17 para. 3 in force at 1.7.2022, see s. 186(3)

4 In Schedule 3 (consents), in paragraph 2(2)(a), for “statutory storage period” substitute “period for which, by virtue of section 14(3), the gametes, embryo or human admixed embryo may be stored under the licence”.

Commencement Information

I1133 Sch. 17 para. 4 in force at 1.7.2022, see s. 186(3)

Disposal of material E+W

5 In section 14 (conditions of storage licences), in subsection (1), after paragraph (c) insert—

“(ca) that any gametes, embryos or human admixed embryos that have been kept in storage pursuant to the licence must, once they may no longer lawfully be so kept, be removed from storage and disposed of, and”.

Commencement Information

I1134 Sch. 17 para. 5 in force at 1.7.2022, see s. 186(3)

6 In section 17 (the person responsible), in subsection (1)(c), for “allowed to perish” substitute “removed from storage”.

Commencement Information

I1135 Sch. 17 para. 6 in force at 1.7.2022, see s. 186(3)

Consent to storage E+W

7 (1) Schedule 3 (consents) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (1), before the first “and” insert “any renewal of consent,”;

(b) in sub-paragraph (2), before the first “and” insert “any renewal of consent by a person unable to sign,”;

(c) in sub-paragraph (3)—

(i) the words from ““effective consent” to the end become paragraph (a);

(ii) after that paragraph insert—

“(b) references to renewal of consent are to renewal of consent to the storage of any gametes or embryo under paragraph 11A or 11C.”

(3) In paragraph 3, in sub-paragraph (1), after “gives” insert “or renews”.

(4) After paragraph 11 insert—

“Renewal of consent to storage of gametes

11A (1) This paragraph applies where—

(a) the gametes of a person (“P”) are in storage,

(b) P’s consent to the storage of the gametes is required under paragraph 8(1),

(c) there is effective consent from P to the storage of the gametes, and

(d) the gametes are being kept for use for the purposes of providing treatment services to—

(i) P, or

(ii) P and another person together.

(2) The person keeping the gametes in storage (“K”) must, in each consent period, request P to renew consent to storage of the gametes within the renewal period.

For the meaning of “consent period” and “renewal period”, see paragraph 11B.

(3) A request under sub-paragraph (2) must be given in writing before the start of the renewal period.

(4) The duty in sub-paragraph (2) ceases to apply if K is notified that P has died.

(5) The duty in sub-paragraph (2) does not apply in relation to any consent period if—

(a) K has at any time been informed in writing that P has been certified as lacking capacity to renew consent to storage of the gametes, and

(b) K has not subsequently been informed in writing, before the start of the renewal period which relates to that consent period, that P has been certified as having capacity to renew consent to storage of the gametes.

(6) P renews consent by informing K in writing that P consents to the storage of the gametes.

(7) If P’s consent is not renewed under sub-paragraph (6) before the end of the consent period, K must, as soon as possible after the end of that period, give a notice to P stating that if P does not renew consent before the end of the renewal period, the gametes will be removed from storage and disposed of.

(8) P’s consent to the storage of the gametes is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if—

(a) K has complied with the requirements of sub-paragraphs (2) and (7) in relation to that consent period, and

(b) P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period.

But this is subject to sub-paragraphs (9) and (10).

(9) If, in a case referred to in sub-paragraph (8)(a) and (b), P dies before the end of the renewal period—

(a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but

(b) if at the end of the period of 10 years beginning with the day on which P died there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.

(10) If, in a case referred to in sub-paragraph (8)(a) and (b), before the end of the renewal period P is certified as lacking capacity to renew consent—

(a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but

(b) if at the end of the period of 10 years beginning with the day on which P was so certified there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.

(11) But P’s consent is not to be taken as withdrawn under sub-paragraph (10)(b) if, before the time it would be taken to be withdrawn under that sub-paragraph—

(a) P is certified as having capacity to renew consent to storage of the gametes, and

(b) P renews consent to storage of the gametes by informing K in writing that P consents to their storage.

(12) In a case where P renews consent under sub-paragraph (11)(b), this paragraph applies subsequently as if references to a consent period were to—

(a) the period of 10 years beginning with the day on which P so renewed consent, and

(b) each successive period of 10 years.

11B(1) For the purposes of paragraph 11A, each of the following is a “consent period”—

(a) the period of 10 years beginning with the relevant day, and

(b) each successive period of 10 years.

(2) In sub-paragraph (1)(a) “relevant day” means—

(a) the day on which the gametes are first placed in storage, or

(b) in a case where sub-paragraph (3) or (5) applies, the day on which P gives consent to the storage of the gametes.

(3) This sub-paragraph applies where the gametes are taken from or provided by P before P attains the age of 18 years and, at the time the gametes are first stored—

(a) P has not attained the age of 16 years and is not competent to deal with the issue of consent to storage of the gametes, or

(b) P has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.

(4) In relation to Scotland, sub-paragraph (3) is to be read as if, for paragraphs (a) and (b), there were substituted “P does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to storage of the gametes”.

(5) This sub-paragraph applies where the gametes are taken from or provided by P after P attains the age of 16 years and, at the time the gametes are first stored, P lacks capacity to consent to their storage.

(6) In paragraph 11A “the renewal period”, in relation to a consent period, means the period which—

(a) begins 12 months before the end of the consent period, and

(b) ends 6 months after the end of the consent period.

(7) In paragraph 11A “certified” means certified in writing by a registered medical practitioner.

(8) In paragraph 11A and this paragraph, in relation to Scotland, references to a person lacking or having capacity to consent or renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of consenting or renewing consent.

Renewal of consent to storage of embryos

11C (1) This paragraph applies where—

(a) an embryo, the creation of which was brought about in vitro, is in storage,

(b) the embryo is being kept for use for the purposes of providing treatment services to—

(i) a person (“P”) whose gametes or human cells were used to bring about the creation of the embryo, or

(ii) P and another person together,

(c) P’s consent to the storage of the embryo is required under paragraph 8(2), and

(d) there is effective consent from P to the storage of the embryo.

(2) The person keeping the embryo in storage (“K”) must, in each consent period, request P to renew consent to storage of the embryo within the renewal period.

For the meaning of “consent period” and “renewal period”, see paragraph 11D.

(3) A request under sub-paragraph (2) must be given in writing before the start of the renewal period.

(4) The duty in sub-paragraph (2) ceases to apply if—

(a) K is notified that P has died, or

(b) K is notified under paragraph 4A(1)(c) of the withdrawal of a person’s consent to storage of the embryo.

(5) The duty in sub-paragraph (2) does not apply in relation to any consent period if—

(a) K has at any time been informed in writing that P has been certified as lacking capacity to renew consent to storage of the embryo, and

(b) K has not subsequently been informed in writing, before the start of the renewal period which relates to that consent period, that P has been certified as having capacity to renew consent to storage of the embryo.

(6) P renews consent by informing K in writing that P consents to the storage of the embryo.

(7) If P’s consent is not renewed under sub-paragraph (6) before the end of the consent period, K must, as soon as possible after the end of that period, give a notice to P stating that if P does not renew consent before the end of the renewal period, the embryo will be removed from storage and disposed of.

(8) P’s consent to the storage of the embryo is to be taken as having been withdrawn at the end of a renewal period that relates to a consent period if—

(a) K has complied with the requirements of sub-paragraphs (2) and (7) in relation to that consent period, and

(b) P’s consent is not renewed under sub-paragraph (6) before the end of the renewal period.

But this is subject to sub-paragraphs (9) and (10).

(9) If, in a case referred to in sub-paragraph (8)(a) and (b), P dies before the end of the renewal period—

(a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but

(b) if at the end of the period of 10 years beginning with the day on which P died there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.

(10) If, in a case referred to in sub-paragraph (8)(a) and (b), before the end of the renewal period P is certified as lacking capacity to renew consent—

(a) P’s consent is not to be taken as withdrawn under sub-paragraph (8), but

(b) if at the end of the period of 10 years beginning with the day on which P was so certified there is still effective consent from P to the storage, P’s consent is to be taken as withdrawn at that time.

(11) But P’s consent is not to be taken as withdrawn under sub-paragraph (10)(b) if, before the time it would be taken to be withdrawn under that sub-paragraph—

(a) P is certified as having capacity to renew consent to storage of the embryo, and

(b) P renews consent to storage of the embryo by informing K in writing that P consents to its storage.

(12) In a case where P has renewed consent under sub-paragraph (11)(b), this paragraph applies subsequently as if references to the consent period were to—

(a) the period of 10 years beginning with the day on which P so renewed consent, and

(b) each successive period of 10 years.

(13) Where P’s consent is taken as withdrawn under this paragraph, K must, as soon as possible, take all reasonable steps to give notice of the withdrawal to each person whose gametes or human cells were used to bring about its creation.

(14) Storage of the embryo remains lawful until—

(a) the end of the period of 6 months beginning with the day on which P’s consent is taken as withdrawn under this paragraph, or

(b) if, before the end of that period, K receives a notice from each person notified under sub-paragraph (13) stating that the person consents to the disposal of the embryo, the time at which the last of those notices was received.

11D(1) For the purposes of paragraph 11C, each of the following is a “consent period”—

(a) the period of 10 years beginning with the day on which the embryo is first placed in storage, and

(b) each successive period of 10 years.

(2) In paragraph 11C “the renewal period”, in relation to a consent period, means the period which—

(a) begins 12 months before the end of the consent period, and

(b) ends 6 months after the end of the consent period.

(3) In paragraph 11C “certified” means certified in writing by a registered medical practitioner.

(4) In paragraph 11C, in relation to Scotland, references to a person lacking or having capacity to renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of renewing consent.”

Commencement Information

I1136 Sch. 17 para. 7 in force at 1.7.2022, see s. 186(3)

PART 2 U.K. Transitional provision

Interpretation U.K.

8 (1) In this Part of this Schedule—

• “the commencement day” means 1 July 2022;

• “the transitional period” means the period beginning with the commencement day and ending with 30 June 2024.

(2) In this Part of this Schedule—

• “the 1990 Act” means the Human Fertilisation and Embryology Act 1990;

• “the 2009 Regulations” means the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (S.I. 2009/1582);

• “the 2020 Regulations” means the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020 (S.I. 2020/566).

(3) In this Part of this Schedule—

• “gamete storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of gametes;

• “embryo storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of embryos;

• “storage licence” means a licence under Schedule 2 to the 1990 Act that authorises the storage of gametes, embryos or human admixed embryos;

• “pre-commencement”, in relation to a storage licence, or a storage licence of any description, means granted before the commencement day and “post-commencement” means granted on or after that day.

(4) In this Part of this Schedule—

• “statutory storage period” has the same meaning as in the 1990 Act immediately before the commencement day;

• references to gametes, embryos and human admixed embryos have the same meaning as in that Act;

• “the training purpose”, “the research purpose” and “treatment purposes” have the same meanings as in section 14(3)(c) of that Act.

Commencement Information

I1137 Sch. 17 para. 8 in force at 1.7.2022, see s. 186(3)

Application of Part 1 to material already in storage U.K.

9 (1) The amendments in paragraphs 2 to 6 of this Schedule have effect in relation to pre-commencement storage licences under which gametes, embryos or human admixed embryos are kept in storage on or after the commencement day (as well as having effect in relation to post-commencement storage licences).

This is subject to sub-paragraphs (2) and (3).

(2) In the case of a pre-commencement embryo storage licence, the condition imposed by section 14(3)(c) of the 1990 Act (as substituted by paragraph 2 of this Schedule) does not apply in relation to an embryo which, on the commencement day, is kept in storage for the training or research purpose but not for treatment purposes.

(3) In the case of any pre-commencement storage licence, the condition imposed by section 14(1)(ca) of the 1990 Act (as substituted by paragraph 5 of this Schedule) applies only in relation to times on or after the commencement day.

Commencement Information

I1138 Sch. 17 para. 9 in force at 1.7.2022, see s. 186(3)

10 The amendments made by paragraph 7 of this Schedule have effect in relation to the storage of gametes and embryos under a pre-commencement gamete or embryo storage licence, where the gametes or embryos are kept in storage on or after the commencement day (as well as having effect in relation to the storage of gametes and embryos under a post-commencement gamete or embryo storage licence).

Commencement Information

I1139 Sch. 17 para. 10 in force at 1.7.2022, see s. 186(3)

Date of first storage U.K.

11 (1) This paragraph applies if the person storing gametes or an embyro under a pre-commencement gamete or embryo storage licence—

(a) has, before the end of the transitional period, taken all reasonable steps to establish the date on which the gametes were or embryo was first placed in storage, but

(b) is unable to establish that date.

(2) The person may give a notice to each person whose consent to the storage is required under Schedule 3 to the 1990 Act specifying a date on which the gametes are or embryo is to be regarded as having been first placed in storage.

(3) Where notice is given under sub-paragraph (2), the gametes are or embryo is to be regarded, for all purposes of the 1990 Act and this Part of this Schedule, as having been first placed in storage on the date specified in the notice.

Commencement Information

I1140 Sch. 17 para. 11 in force at 1.7.2022, see s. 186(3)

Storage periods specified in pre-commencement storage licences U.K.

12 (1) For the purposes of section 14(3)(a) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement gamete storage licence under which, on and after the commencement day, gametes are kept in storage is to be regarded as specifying the period of 55 years beginning with the day on which the gametes were first placed in storage.

(2) For the purposes of section 14(3)(b) of the 1990 Act (as substituted by paragraph 2 of this Schedule), a pre-commencement embryo storage licence under which, on and after the commencement day, an embryo is kept in storage for treatment purposes is to be regarded as specifying for those purposes the period of 55 years beginning with the day on which the embryo was first so kept.

Commencement Information

I1141 Sch. 17 para. 12 in force at 1.7.2022, see s. 186(3)

Storage after expiry of pre-commencement consent U.K.

13 (1) If a pre-commencement consent to the storage of gametes or an embryo expires at any time in the transitional period, the storage of the gametes or embryo for the remainder of that period is not unlawful merely because of that fact.

(2) In sub-paragraph (1)—

(a) “pre-commencement consent” means consent given under Schedule 3 to the 1990 Act before the commencement day;

(b) the reference to expiry of consent does not include withdrawal.

Commencement Information

I1142 Sch. 17 para. 13 in force at 1.7.2022, see s. 186(3)

Storage with no effective consent prior to commencement U.K.

14 (1) This paragraph applies in relation to the storage of gametes or an embryo under a pre-commencement gamete or embryo storage licence where, immediately before the commencement day, there is no effective consent to the storage by a relevant person.

(2) The person keeping the gametes or embryo in storage must request the relevant person to give consent to the storage under Schedule 3 to the 1990 Act.

(3) A request under sub-paragraph (2) must be given before 1 July 2023 in writing.

(4) The storage of the gametes or embryo at any time before the end of the transitional period is not unlawful merely because there is no effective consent to the storage by the relevant person.

(5) In this paragraph—

• “effective consent” means consent under Schedule 3 to the 1990 Act which has not been withdrawn;

• “relevant person” means a person whose consent is required under Schedule 3 to the 1990 Act to storage of the gametes or embryo.

Commencement Information

I1143 Sch. 17 para. 14 in force at 1.7.2022, see s. 186(3)

Time for first renewal of consent U.K.

15 (1) This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence where the statutory storage period applicable immediately before the commencement day was provided for by—

(a) regulation 4, 4A, 7 or 8 of the 2009 Regulations, or

(b) regulation 4 of the 2020 Regulations.

(2) For the purposes of paragraph 11A of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11B(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the relevant day were a reference to the period which—

(a) begins with the relevant day, and

(b) ends at the end of the statutory storage period referred to in sub-paragraph (1).

Commencement Information

I1144 Sch. 17 para. 15 in force at 1.7.2022, see s. 186(3)

16 (1) This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence where the statutory storage period applicable immediately before the commencement day was provided for by—

(a) regulation 3, 3A, 5 or 6 of the 2009 Regulations, or

(b) regulation 3 of the 2020 Regulations.

(2) For the purposes of paragraph 11C of Schedule 3 to the 1990 Act (as inserted by paragraph 7 of this Schedule), paragraph 11D(1)(a) of that Schedule has effect as if the reference to the period of 10 years beginning with the day on which the embryo was first placed in storage were a reference to the period which—

(a) begins with the day on which the embryo was first so placed, and

(b) ends at the end of the statutory storage period referred to in sub-paragraph (1).

Commencement Information

I1145 Sch. 17 para. 16 in force at 1.7.2022, see s. 186(3)

Renewals falling due in the transitional period U.K.

17 (1) This paragraph applies in relation to the storage of gametes under a pre-commencement gamete storage licence in a case where—

(a) paragraph 11A of Schedule 3 to the 1990 Act applies in relation to the storage, and

(b) for the purposes of that paragraph, the first consent period (see paragraph 11B(1)(a) of that Schedule) ends in the transitional period.

(2) Where this paragraph applies, paragraph 11A of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—

(a) for sub-paragraphs (2) and (3) there were substituted—

“(2) The person keeping the gametes in storage (“K”) must request P to renew consent to storage of the gametes before 1 July 2024.

(3) A request under sub-paragraph (2) must—

(a) be given in writing before 1 July 2023;

(b) state that if P does not renew consent before 1 July 2024, the gametes will be removed from storage and disposed of.”;

(b) in sub-paragraph (5)(b), for “the start of the renewal period which relates to that consent period” there were substituted “1 July 2023”;

(c) sub-paragraph (7) were omitted;

(d) for sub-paragraph (8) there were substituted—

“(8) P’s consent to the storage of the gametes is to be taken as having been withdrawn at the beginning of 1 July 2024 if—

(a) K has complied with sub-paragraph (2), and

(b) P’s consent is not renewed under sub-paragraph (6) before 1 July 2024.

But this is subject to sub-paragraphs (9) and (10).”;

(e) in sub-paragraphs (9) and (10), references to the end of the renewal period were to 1 July 2024.

Commencement Information

I1146 Sch. 17 para. 17 in force at 1.7.2022, see s. 186(3)

18 (1) This paragraph applies in relation to the storage of an embryo under a pre-commencement embryo storage licence in a case where—

(a) paragraph 11C of Schedule 3 to the 1990 Act applies in relation to the storage, and

(b) for the purposes of that paragraph, the first consent period (see paragraph 11D(1)(a) of that Schedule) ends in the transitional period.

(2) Where this paragraph applies, paragraph 11C of Schedule 3 to the 1990 Act has effect in relation to that first consent period as if—

(a) for sub-paragraphs (2) and (3) there were substituted—

“(2) The person keeping the embryo in storage (“K”) must request P to renew consent to storage of the embryo before 1 July 2024.

(3) A request under sub-paragraph (2) must—

(a) be given in writing before 1 July 2023;

(b) state that if P does not renew consent before 1 July 2024, the embryo will be removed from storage and disposed of.”;

(b) in sub-paragraph (5)(b), for “the start of the renewal period which relates to that consent period” there were substituted “1 July 2023”;

(c) sub-paragraph (7) were omitted;

(d) for sub-paragraph (8) there were substituted—

“(8) P’s consent to the storage of the embryo is to be taken as having been withdrawn at the beginning of 1 July 2024 if—

(a) K has complied with sub-paragraph (2), and

(b) P’s consent is not renewed under sub-paragraph (6) before 1 July 2024.

But this is subject to sub-paragraphs (9) and (10).”;

(e) in sub-paragraphs (9) and (10), references to the end of the renewal period were to 1 July 2024.

Commencement Information

I1147 Sch. 17 para. 18 in force at 1.7.2022, see s. 186(3)

Section 172

SCHEDULE 18 E+W Advertising of less healthy food and drink

PART 1 E+W Programme services: watershed

Television programme services E+W

1 After section 321 of the Communications Act 2003 insert—

“321A Objectives for advertisements: less healthy food and drink

(1) OFCOM must set standards by virtue of section 321(1)(b) prohibiting television programme services provided between 5.30 am and 9.00 pm from including advertisements for an identifiable less healthy food or drink product, except as provided for by subsection (3).

(2) OFCOM must ensure that the prohibition provided for by the first standards set by virtue of subsection (1) takes effect from the beginning of 1 January 2023.

(3) Standards set by virtue of subsection (1) must exempt from the prohibition imposed by them—

(a) advertisements included in television programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME;

(b) advertisements prescribed in any regulations made by the Secretary of State under this paragraph.

(4) For the purposes of this section—

(a) “advertisements” includes advertisements under a sponsorship agreement and anything else which, under a sponsorship agreement, is included in a television programme service, other than in a television programme;

(b) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product;

(c) a food or drink product is “less healthy” if—

(i) it falls within a description specified in regulations made by the Secretary of State, and

(ii) it is “less healthy” in accordance with the relevant guidance;

(d) “the relevant guidance” is the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011;

(e) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations.

(5) Regulations under subsection (4)(e) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person).

(6) The Secretary of State may, before the date specified in subsection (2), amend that subsection so as to substitute a later date for the date that is for the time being specified there.

(7) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”.

(8) Before making regulations under subsection (3)(b) or (7), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I1148 Sch. 18 para. 1 in force at 28.6.2022, see s. 186(4)

On-demand programme services E+W

2 After section 368F of the Communications Act 2003 insert—

“368FA Advertising: less healthy food and drink

(1) From the beginning of 1 January 2023, on-demand programme services must not, between 5.30 am and 9.00 pm, include advertisements for an identifiable less healthy food or drink product.

(2) The prohibition imposed by subsection (1) does not apply in relation to advertisements included in on-demand programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME.

(3) The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1).

(4) For the purposes of this section—

(a) “advertisements” includes advertisements and sponsorship announcements (within the meaning given by section 368G(17)) under a sponsorship agreement;

(b) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product;

(c) a food or drink product is “less healthy” if—

(i) it falls within a description specified in regulations made by the Secretary of State, and

(ii) it is “less healthy” in accordance with the relevant guidance;

(d) “the relevant guidance” means the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011;

(e) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations.

(5) Regulations under subsection (4)(e) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person).

(6) The Secretary of State may, before the date specified in subsection (1), amend that subsection so as to substitute a later date for the date that is for the time being specified there.

(7) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”.

(8) Before making regulations under subsection (3) or (7), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Commencement Information

I1149 Sch. 18 para. 2 in force at 28.6.2022, see s. 186(4)

PART 2 E+W Online services: prohibition

3 E+W In the Communications Act 2003, after Part 4B insert—

“PART 4C E+W Online advertising of less healthy food and drink

Advertising of less healthy food and drink E+W

368Z14 Prohibition of paid-for advertising of less healthy food and drink

(1) From the beginning of 1 January 2023, a person must not pay for advertisements for an identifiable less healthy food or drink product to be placed on the internet.

(2) Subsection (1) does not apply where the person paying is, at the time when the payment is made, a food or drink SME.

(3) Subsection (1) does not apply—

(a) in relation to advertisements which are directed solely at persons who are engaged in, or employed by, a business which involves or is associated with the manufacture or sale of food or drink,

(b) in relation to advertisements included in on-demand programme services (as to which, see section 368FA),

(c) in relation to advertisements included in services connected to regulated radio services, or

(d) in relation to advertisements which are not intended to be accessed principally by persons in any part of the United Kingdom.

(4) The Secretary of State may by regulations provide for further exemptions from the prohibition imposed by subsection (1).

(5) For the purposes of this section—

(a) paying includes providing any consideration (monetary or non-monetary);

(b) “placed” includes continues to be placed;

(c) paying for advertisements to be placed on the internet includes paying under a sponsorship agreement as result of which advertisements are placed on the internet;

(d) a product is “identifiable”, in relation to advertisements, if persons in the United Kingdom (or any part of the United Kingdom) could reasonably be expected to be able to identify the advertisements as being for that product;

(e) a food or drink product is “less healthy” if—

(i) it falls within a description specified in regulations made by the Secretary of State, and

(ii) it is “less healthy” in accordance with the relevant guidance;

(f) “the relevant guidance” is the guidance entitled “Nutrient Profiling Technical Guidance” published by the Department of Health on 1 January 2011;

(g) “food or drink SME” means a small or medium enterprise, within the meaning given by regulations made by the Secretary of State, of a description specified in the regulations;

(h) “services connected to regulated radio services” has the meaning given by regulations made by the Secretary of State.

(6) Regulations under subsection (5)(g) that make provision by reference to the number of members of staff of a person may make provision about who is to count as a member of staff (including members of staff of another person).

(7) The Secretary of State may, before the date specified in subsection (1)—

(a) amend that subsection so as to substitute a later date for the date that is for the time being specified there, and

(b) make corresponding amendments to the references to that date in subsections (11) and (12).

(8) The Secretary of State may by regulations amend this section to change the meaning of “the relevant guidance”.

(9) Before making regulations under subsection (4) or (8), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(10) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(11) A person is to be treated as having contravened subsection (1) if—

(a) at any time on or after 1 August 2021 but before 1 January 2023, the person made a payment for advertisements to be placed on the internet on or after 1 January 2023, and

(b) if the payment had been made on 1 January 2023, the person would have contravened subsection (1).

(12) Subsection (11) does not apply if the person—

(a) has put in place arrangements to ensure that they are entitled to require that the advertisements are not placed on the internet on or after 1 January 2023, and

(b) uses all reasonable endeavours to ensure that the advertisements are not so placed.

368Z15 Enforcement

(1) Where the appropriate regulatory authority determine that a person is contravening or has contravened section 368Z14 they may do one or both of the following—

(a) give the person an enforcement notification;

(b) impose a financial penalty on the person in accordance with section 368Z16.

(2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless—

(a) there are reasonable grounds for believing that a contravention of section 368Z14 is occurring or has occurred, and

(b) they have allowed the person an opportunity to make representations about that apparent contravention.

(3) An enforcement notification is a notification which—

(a) specifies the determination made as mentioned in subsection (1),

(b) imposes requirements on the person to take such steps for complying with section 368Z14 and for remedying the consequences of the contravention as may be specified in the notification,

(c) fixes a reasonable period for the taking of those steps, and

(d) sets out the reasons for the appropriate regulatory authority’s decision to give the enforcement notification.

(4) The requirements specified in an enforcement notification may include requirements to do one or more of the following—

(a) instruct or request specified persons to remove specified advertisements from the internet;

(b) arrange for specified advertisements to be modified in specified ways.

(5) A person to whom an enforcement notification is given must comply with it.

(6) The duty under subsection (5) is enforceable in civil proceedings by the appropriate regulatory authority—

(a) for an injunction,

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.

(7) If a person to whom an enforcement notification has been given does not comply with it, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368Z16.

368Z16 Financial penalties

(1) The amount of a penalty imposed on a person under section 368Z15 is to be such amount not exceeding the maximum penalty as the appropriate regulatory authority determine to be—

(a) appropriate, and

(b) proportionate to the contravention in respect of which it is imposed.

(2) The maximum penalty is—

(a) in a case in which the person carries on a relevant business, an amount not exceeding the greater of—

(i) 5% of the turnover of the person’s relevant business for the relevant period, and

(ii) £250,000;

(b) in any other case, £250,000.

(3) For the purposes of this section—

(a) a person’s “relevant business” is so much of any business carried on by the person as involves or is associated with the manufacture or sale of less healthy food or drink products;

(b) “relevant period”, in relation to a person’s relevant business, means—

(i) except in a case falling within sub-paragraph (ii) or (iii), the period of one year ending with the 31 March before the time at which the penalty is imposed;

(ii) in the case of a person who at the time at which the penalty is imposed has been carrying on that business for a period of less than a year, the period, ending with that time, during which the person has been carrying it on;

(iii) in the case of a person who at the time at which the penalty is imposed has ceased to carry on that business, the period of one year ending with the time when the person ceased to carry it on;

(c) the amount of the turnover of a person’s relevant business for the relevant period is to be calculated by the appropriate regulatory authority in accordance with the following sub-paragraphs—

(i) the amount is to be calculated in conformity with accounting practices and principles which are generally accepted in the United Kingdom;

(ii) the amount is limited to the amounts derived by the person from the relevant business after deduction of sales rebates, value added tax and other taxes directly related to turnover;

(iii) where the person’s relevant business consists of two or more undertakings that each prepare accounts, the amount is to be calculated by adding together the turnover of each, save that no account is to be taken of any turnover resulting from the supply of goods or the provision of services between them.

(4) In determining the amount of a penalty under subsection (1) the appropriate regulatory authority must have regard to any statement published by OFCOM under section 392 (guidelines to be followed in determining amount of penalties).

(5) A financial penalty imposed under this section, if not paid within the period fixed by the appropriate regulatory authority, is to be recoverable by the appropriate regulatory authority as a debt due to them from the person obliged to pay it.

(6) Where a financial penalty is imposed under this section in respect of matters appearing to OFCOM to have a connection with Northern Ireland and no connection with the rest of the United Kingdom, the penalty must be paid into the Consolidated Fund of Northern Ireland.

(7) In any other case, a financial penalty imposed under this section is to be paid into the Consolidated Fund of the United Kingdom.

368Z17 Power to demand information

(1) The appropriate regulatory authority may give a person a notice demanding information that the authority require for the purpose of carrying out their functions under this Part.

(2) The notice may relate to any information that the person appears to have or be able to generate.

(3) A notice under this section must—

(a) describe the required information,

(b) fix a reasonable period within which the information is to be provided, and

(c) set out the appropriate regulatory authority’s reasons for requiring it.

(4) A notice under this section may specify the manner in which the information is to be provided.

(5) The appropriate regulatory authority may not require the provision of information under this section unless they have given the person from whom it is required an opportunity of making representations to them about the matters appearing to them to provide grounds for making the request.

(6) Section 368Z15 applies in relation to a failure to comply with a demand for information imposed under this section as if that failure were a contravention of section 368Z14.

(7) In this section “information” includes copies of advertisements.

368Z18 Guidance

(1) The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part.

(2) The appropriate regulatory authority must consult the Secretary of State before drawing up or revising the guidance.

(3) The appropriate regulatory authority must publish the guidance and any revised guidance in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

368Z19 The appropriate regulatory authority

(1) OFCOM may designate any body corporate to be, to the extent provided by the designation, the appropriate regulatory authority for the purposes of any provision of this Part, subject to subsection (9).

(2) To the extent that no body is designated for a purpose, OFCOM is the appropriate regulatory authority for that purpose.

(3) Where a body is designated for a purpose, OFCOM may act as the appropriate regulatory authority for that purpose concurrently with or in place of that body.

(4) OFCOM may provide a designated body with assistance (including financial assistance) in connection with any of the functions of the body under this Part.

(5) A designation may in particular—

(a) provide for a body to be the appropriate regulatory authority in relation to advertisements of a specified description;

(b) provide that a function of the appropriate regulatory authority is exercisable by the designated body—

(i) to such extent as may be specified;

(ii) either generally or in such circumstances as may be specified;

(iii) either unconditionally or subject to such conditions as may be specified.

(6) The conditions that may be specified pursuant to subsection (5)(b)(iii) include a condition to the effect that a function may, generally or in specified circumstances, be exercised by the body only with the agreement of OFCOM.

(7) A designation has effect for such period as may be specified and may be revoked by OFCOM at any time.

(8) OFCOM must publish any designation in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.

(9) OFCOM may not designate a body unless, as respects that designation, they are satisfied that the body—

(a) is a fit and proper body to be designated,

(b) has consented to being designated,

(c) has access to financial resources that are adequate to ensure the effective performance of its functions as the appropriate regulatory authority (taking into account any financial assistance that OFCOM intends to provide under subsection (4)),

(d) is sufficiently independent of persons who carry on business that involves or is associated with the manufacture or sale of less healthy food or drink products, and

(e) will, in performing any function to which the designation relates, have regard in all cases—

(i) to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and

(ii) to such of the matters mentioned in section 3(4) as appear to the body to be relevant in the circumstances.

(10) Subject to any enactment or rule of law restricting the disclosure or use of information by OFCOM or by a designated body—

(a) a designated body may provide information to another designated body for use by that other body in connection with any of its functions as the appropriate regulatory authority;

(b) a designated body may provide information to OFCOM for use by OFCOM in connection with any of their functions under this Part;

(c) OFCOM may provide information to a designated body for use by that body in connection with any of its functions as the appropriate regulatory authority.

(11) In carrying out their functions as the appropriate regulatory authority, a designated body may carry out, commission or support (financially or otherwise) research.

(12) In this section—

• “designation” means a designation under this section and cognate expressions are to be construed accordingly;

• “specified” means specified in a designation.

368Z20 Power to amend this Part to extend prohibition

(1) The Secretary of State may by regulations amend this Part for the purpose of prohibiting persons from doing either or both of the following (so far as not already prohibited)—

(a) placing on the internet advertisements for an identifiable less healthy food or drink product;

(b) making arrangements for advertisements for an identifiable less healthy food or drink product to be placed on the internet.

(2) For the purposes of subsection (1)—

(a) “placing” includes leaving in place;

(b) “placed” includes continues to be placed.

(3) The provision which may be made by regulations under subsection (1) by virtue of section 402(3)(c) includes provision repealing, revoking or amending provision made by or under any of the following whenever passed or made—

(a) an Act;

(b) an Act of the Scottish Parliament;

(c) a Measure or Act of Senedd Cymru;

(d) Northern Ireland legislation.

(4) Before making regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(5) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

368Z21 Interpretation

In this Part—

• “appropriate regulatory authority” is to be construed in accordance with section 368Z19;

• “less healthy”, in relation to a food or drink product, has the meaning given by section 368Z14(5)(e).”

Commencement Information

I1150 Sch. 18 para. 3 in force at 28.6.2022, see s. 186(4)

PART 3 E+W Consequential amendments

4 E+W The Communications Act 2003 is amended as follows.

Commencement Information

I1151 Sch. 18 para. 4 in force at 28.6.2022, see s. 186(4)

5 E+W In section 368C (on-demand programme services: duties of the appropriate regulatory authority), after subsection (5) insert—

“(6) The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part in relation to the prohibition imposed by section 368FA (advertising: less healthy food and drink).

(7) The appropriate regulatory authority must consult the Secretary of State before drawing up or revising guidance under subsection (6).”

Commencement Information

I1152 Sch. 18 para. 5 in force at 28.6.2022, see s. 186(4)

6 E+W In section 402(2) (instruments subject to negative procedure) —

(a) in paragraph (a) omit “or regulations under section 368BC”;

(b) after paragraph (a) insert—

“(aza) regulations under—

(i) section 321A(7) (see subsection (9) of that section),

(ii) section 368BC (see subsection (7) of that section),

(iii) section 368FA(7) (see subsection (9) of that section),

(iv) section 368Z14(8) (see subsection (10) of that section), or

(v) section 368Z20 (see subsection (5) of that section),”.

Commencement Information

I1153 Sch. 18 para. 6 in force at 28.6.2022, see s. 186(4)

Section 180

SCHEDULE 19 E+W Licensing of cosmetic procedures

Introduction E+W

1 This Schedule is about the provision that may be made by regulations under section 180.

Commencement Information

I1154 Sch. 19 para. 1 not in force at Royal Assent, see s. 186(6)

I1155 Sch. 19 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Grant of licence E+W

2 The regulations may—

(a) require a local authority not to grant a licence unless satisfied as to a matter specified in the regulations;

(b) require a local authority to have regard, in deciding whether to grant a licence, to a matter specified in the regulations.

Commencement Information

I1156 Sch. 19 para. 2 not in force at Royal Assent, see s. 186(6)

I1157 Sch. 19 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

3 The regulations may make provision requiring a local authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations.

Commencement Information

I1158 Sch. 19 para. 3 not in force at Royal Assent, see s. 186(6)

I1159 Sch. 19 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Licence conditions E+W

4 (1) The regulations may make provision for the grant of a licence subject to conditions.

(2) Provision of the kind mentioned in sub-paragraph (1) may—

(a) enable a local authority to attach conditions to a licence;

(b) require a local authority to attach to a licence a condition specified in the regulations.

Commencement Information

I1160 Sch. 19 para. 4 not in force at Royal Assent, see s. 186(6)

I1161 Sch. 19 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Duration of licence etc E+W

5 (1) The regulations may make provision about the duration, renewal, variation, suspension or revocation of licences.

(2) The provision that may be made under sub-paragraph (1) includes provision conferring power on a court by which a person is convicted of an offence under the regulations to vary, suspend or revoke a licence.

Commencement Information

I1162 Sch. 19 para. 5 not in force at Royal Assent, see s. 186(6)

I1163 Sch. 19 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Reviews and appeals E+W

6 The regulations may make provision for—

(a) the review of decisions under the regulations;

(b) appeals against decisions under the regulations.

Commencement Information

I1164 Sch. 19 para. 6 not in force at Royal Assent, see s. 186(6)

I1165 Sch. 19 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Offences E+W

7 (1) The regulations may create offences in relation to—

(a) the breach of a prohibition imposed by virtue of section 180(1);

(b) the breach of a condition attached to a licence;

(c) the provision of false or misleading information to a local authority in connection with anything done under the regulations.

(2) The regulations must provide for any such offence to be punishable on summary conviction with a fine or a fine not exceeding an amount specified, or determined in accordance with, the regulations.

Commencement Information

I1166 Sch. 19 para. 7 not in force at Royal Assent, see s. 186(6)

I1167 Sch. 19 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Financial penalties E+W

8 (1) The regulations may confer power on a local authority to impose a financial penalty in relation to—

(a) the breach of a prohibition imposed by virtue of section 180(1);

(b) the breach of a condition attached to a licence.

(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.

(3) If the regulations confer power to impose a financial penalty in respect of conduct for which a criminal offence is created under the regulations, they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence.

(4) If the regulations confer power to impose a financial penalty they must include provision—

(a) requiring the local 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 local authority, after the period for making representations, to decide whether to impose the financial penalty;

(d) requiring the local 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 a court or tribunal in accordance with the regulations;

(f) as to the powers of the court or tribunal on such an appeal.

(5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—

(a) enabling a notice of intent or final notice to be withdrawn or amended;

(b) requiring the local authority to withdraw a final notice 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) as to how financial penalties are recoverable.

Commencement Information

I1168 Sch. 19 para. 8 not in force at Royal Assent, see s. 186(6)

I1169 Sch. 19 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Enforcement E+W

9 The regulations may confer on a local authority the function of enforcing the regulations in its area.

Commencement Information

I1170 Sch. 19 para. 9 not in force at Royal Assent, see s. 186(6)

I1171 Sch. 19 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Fees E+W

10 The regulations may include provision for fees in relation to the carrying out of functions of a local authority under or in connection with the regulations (including the cost of its enforcement functions under the regulations).

Commencement Information

I1172 Sch. 19 para. 10 not in force at Royal Assent, see s. 186(6)

I1173 Sch. 19 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Guidance E+W

11 The regulations may require a local authority, in carrying out functions under the regulations, to have regard to guidance published by the Secretary of State.

Commencement Information

I1174 Sch. 19 para. 11 not in force at Royal Assent, see s. 186(6)

I1175 Sch. 19 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Interpretation E+W

12 (1) In this Schedule—

• “grant”, in relation to a licence, includes vary or renew;

• “licence” means a personal licence or premises licence;

• “personal licence” has the meaning given by section 180(2);

• “premises licence” has the meaning given by section 180(2).

(2) Nothing in this Schedule is to be read as limiting the scope of the power to make regulations under section 180.

Commencement Information

I1176 Sch. 19 para. 12 not in force at Royal Assent, see s. 186(6)

I1177 Sch. 19 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)