Health and Care Act 2022

Section 33

SCHEDULE 5 Abolition of Monitor and transfer of its functions

General

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.

Public Bodies (Admission to Meetings) Act 1960

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).

Parliamentary Commissioner Act 1967

3 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), omit the entry for Monitor.

Superannuation Act 1972

4 In Schedule 1 to the Superannuation Act 1972 (kinds of employment etc referred to in section 1), omit the entry for Monitor.

House of Commons Disqualification Act 1975

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.

Northern Ireland Assembly Disqualification Act 1975

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.

Employment Rights Act 1996

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).

Freedom of Information Act 2000

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.

National Health Service Act 2006

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

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.”

11 In section 33 (applications by NHS trusts), in each of subsections (1) to (3), for “the regulator” substitute “NHS England”.

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”.

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”.

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”.

15 In section 39A (panel for advising governors), in subsections (1) and (9), for “The regulator” substitute “NHS England”.

16 In section 42A (criteria for making loans etc), in subsection (7)(b), for “the regulator” substitute “NHS England”.

17 In section 50 (fees), for “the regulator”, in both places it occurs, substitute “NHS England”.

18 In section 56 (mergers), in subsection (1), for “the regulator” substitute “NHS England”.

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”.

20 In section 56AA (acquisitions under section 56A: supplementary), in subsection (1)(a), for “the regulator” substitute “NHS England”.

21 In section 56B (separations), in subsection (1), for “the regulator” substitute “NHS England”.

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”.

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”.

24 In section 64 (orders and regulations under Chapter), in subsection (4A), for “the regulator”, in both places it occurs, substitute “NHS England”.

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”.

26 In section 247C (Secretary of State’s duty to keep health service functions under review), in subsection (2), omit paragraph (b).

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.”

28 In section 272 (orders, regulations, rules and directions), in subsection (6ZA), for “the regulator”, in both places it occurs, substitute “NHS England”.

29 In section 275 (interpretation), in subsection (1), omit the definition of “the regulator”.

30 In section 276 (index of defined expressions), omit the entry for “the regulator”.

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”.

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”.

National Health Service (Wales) Act 2006

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”.

Health and Social Care Act 2008

34 The Health and Social Care Act 2008 is amended as follows.

35 In section 20A (functions relating to processing of information by registered persons), in subsection (1)(b), omit “and Monitor”.

36 In section 30 (urgent procedure for cancellation), in subsection (3), omit paragraph (c).

37 In section 39 (bodies required to be notified of certain matters), in subsection (1), omit paragraph (c).

38 In section 45A (functions to be exercised by Healthwatch England), in subsection (6), omit paragraph (c).

39 In section 59 (additional functions), in subsection (2), for “Monitor” substitute “NHS England”.

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”.

Health Act 2009

41 The Health Act 2009 is amended as follows.

42 In section 2 (duty to have regard to NHS Constitution), in subsection (2), omit paragraph (f).

43 In section 9 (supplementary provision about the duty), in subsection (3), for “Monitor” substitute “NHS England”.

Equality Act 2010

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.

Health and Social Care Act 2012

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

46 In Part 3, omit Chapter 1 (Monitor).

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).

48 In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit sub-paragraph (i).

49 In section 85 (application for licence), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

50 In section 86 (licensing criteria), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

51 In section 87 (grant or refusal of licence), in subsections (2) and (3), for “Monitor” substitute “NHS England”.

52 In section 88 (application and grant: NHS foundation trusts), in subsection (2), for “Monitor” substitute “NHS England”.

53 In section 89 (revocation of licence), for “Monitor”, in both places it occurs, substitute “NHS England”.

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”.

55 In section 91 (notice of decisions), in subsections (1), (2) and (4), for “Monitor”, in each place it occurs, substitute “NHS England”.

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”.

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”.

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).

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”.

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”.

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”.

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.

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”.

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”.

65 In section 102 (modification of conditions by order under other enactments), in subsection (6)(a), for “Monitor” substitute “NHS England”.

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.”

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”.

68 In section 106 (enforcement undertakings), in subsections (1), (4) and (5), for “Monitor”, in each place it occurs, substitute “NHS England”.

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”.

70 In section 109 (publication of enforcement action), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

71 In section 110 (notification of enforcement action), in subsection (1)—

(a) for “Monitor” substitute “NHS England”;

(b) omit paragraph (a).

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”.

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”.

74 In section 128 (health special administration orders), in subsection (2), for “Monitor” substitute “NHS England”.

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”.

76 In section 131 (transfer schemes), in subsection (2)(a), (b) and (c), for “Monitor” substitute “NHS England”.

77 In section 132 (indemnities), for “Monitor” substitute “NHS England”.

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”.

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”.

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”.

81 In section 137 (grants and loans), in each of subsections (1) and (3) to (5), for “Monitor” substitute “NHS England”.

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.”

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”.

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”.

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”.

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”.

87 In section 144 (investment principles and reviews), in each of subsections (1) to (3), (4)(b) and (6), for “Monitor” substitute “NHS England”.

88 In section 145 (borrowing), in subsections (1) and (2), for “Monitor” substitute “NHS England”.

89 In section 146 (shortfall or excess of available funds, etc), in each of subsections (1) to (3), for “Monitor” substitute “NHS England”.

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).

91 In section 149 (electronic communications), in each of subsections (2) to (5), for “Monitor”, in each place it occurs, substitute “NHS England”.

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.”

93 In section 175 (objective of trust special administration), omit subsection (2).

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).

95 In section 255 (powers to request Information Centre to establish information systems), in subsection (9), omit paragraph (a).

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).”

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).

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 (c), for “Monitor” substitute “NHS England”.

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).

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”.

Local Audit and Accountability Act 2014

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”.

Mental Health Units (Use of Force) Act 2018

102 In section 9 of the Mental Health Units (Use of Force) Act 2018 (investigation of deaths or serious injuries), omit paragraph (b).

Domestic Abuse Act 2021

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).