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Section 72
1In 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
I1Sch. 9 para. 1 not in force at Royal Assent, see s. 186(6)
I2Sch. 9 para. 1 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
2In 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
I3Sch. 9 para. 2 not in force at Royal Assent, see s. 186(6)
I4Sch. 9 para. 2 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
3In 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
I5Sch. 9 para. 3 not in force at Royal Assent, see s. 186(6)
I6Sch. 9 para. 3 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
4In 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
I7Sch. 9 para. 4 not in force at Royal Assent, see s. 186(6)
I8Sch. 9 para. 4 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
5In 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
I9Sch. 9 para. 5 not in force at Royal Assent, see s. 186(6)
I10Sch. 9 para. 5 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
6The National Health Service Act 2006 is amended as follows.
Commencement Information
I11Sch. 9 para. 6 not in force at Royal Assent, see s. 186(6)
I12Sch. 9 para. 6 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
7In section 13Z4 (interpretation of Chapter A1 of Part 2), omit subsections (2) to (4).
Commencement Information
I13Sch. 9 para. 7 not in force at Royal Assent, see s. 186(6)
I14Sch. 9 para. 7 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
8In 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
I15Sch. 9 para. 8 not in force at Royal Assent, see s. 186(6)
I16Sch. 9 para. 8 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
9In 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
I17Sch. 9 para. 9 not in force at Royal Assent, see s. 186(6)
I18Sch. 9 para. 9 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
10In 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
I19Sch. 9 para. 10 not in force at Royal Assent, see s. 186(6)
I20Sch. 9 para. 10 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
11In 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
I21Sch. 9 para. 11 not in force at Royal Assent, see s. 186(6)
I22Sch. 9 para. 11 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
12In 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—
provides services in pursuance of arrangements made by virtue of this Act,”.
Commencement Information
I23Sch. 9 para. 12 not in force at Royal Assent, see s. 186(6)
I24Sch. 9 para. 12 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
13In 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
I25Sch. 9 para. 13 not in force at Royal Assent, see s. 186(6)
I26Sch. 9 para. 13 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
14In section 253 (emergency powers), in subsection (1A), in paragraph (d), for sub-paragraphs (i) to (iv) substitute “by virtue of this Act”.
Commencement Information
I27Sch. 9 para. 14 not in force at Royal Assent, see s. 186(6)
I28Sch. 9 para. 14 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
15After section 116B of the Local Government and Public Involvement in Health Act 2007 insert—
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
I29Sch. 9 para. 15 not in force at Royal Assent, see s. 186(6)
I30Sch. 9 para. 15 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
16In 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
I31Sch. 9 para. 16 not in force at Royal Assent, see s. 186(6)
I32Sch. 9 para. 16 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
17The Health and Social Care Act 2012 is amended as follows.
Commencement Information
I33Sch. 9 para. 17 not in force at Royal Assent, see s. 186(6)
I34Sch. 9 para. 17 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
18In 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
I35Sch. 9 para. 18 not in force at Royal Assent, see s. 186(6)
I36Sch. 9 para. 18 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
19In section 199 (supply of information to Health and Wellbeing Boards), omit subsection (4).
Commencement Information
I37Sch. 9 para. 19 not in force at Royal Assent, see s. 186(6)
I38Sch. 9 para. 19 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
20In 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
I39Sch. 9 para. 20 not in force at Royal Assent, see s. 186(6)
I40Sch. 9 para. 20 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
21In 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
I41Sch. 9 para. 21 not in force at Royal Assent, see s. 186(6)
I42Sch. 9 para. 21 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
22In 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
I43Sch. 9 para. 22 not in force at Royal Assent, see s. 186(6)
I44Sch. 9 para. 22 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
23In 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
I45Sch. 9 para. 23 not in force at Royal Assent, see s. 186(6)
I46Sch. 9 para. 23 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
24In 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
I47Sch. 9 para. 24 not in force at Royal Assent, see s. 186(6)
I48Sch. 9 para. 24 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
25In 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
I49Sch. 9 para. 25 not in force at Royal Assent, see s. 186(6)
I50Sch. 9 para. 25 in force at 1.7.2022 by S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)