175(1)Section 2 (duty to have regard to NHS constitution) is amended as follows.E+W
(2)In subsection (1), for “NHS functions” substitute “health service functions”.
(3)In subsection (2)—
(a)omit paragraph (a),
(b)omit paragraph (b), and
(c)before paragraph (d) insert—
“(ca)the National Health Service Commissioning Board;
(cb)clinical commissioning groups;
(cc)local authorities (within the meaning of section 2B of the National Health Service Act 2006);”.
(4)In subsection (3), for “an “NHS function”” substitute “a “health service function””.
(5)In subsection (4)—
(a)before paragraph (a) insert—
“(za)provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,”,
(b)omit the word “or” at the end of paragraph (a), and
(c)after paragraph (b) insert “, or
(c)provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.”
(6)In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.
Commencement Information
I1Sch. 5 para. 175(1) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)
I2Sch. 5 para. 175(1)(3)(c) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I3Sch. 5 para. 175(2)(3)(a)(b)(4)-(6) in force at 1.4.2013 by S.I. 2013/160, art. 2(2) (with arts. 7-9)
I4Sch. 5 para. 175(3)(c) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2)