Legalize / United Kingdom / Public General Act

Health and Care Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2025-07-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

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,”.

147

In section 197 (university clinical teaching and research), in subsection (2)(a), for “a clinical commissioning group,” substitute “an integrated care board,”.

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,

;

an integrated care board.

NHS Redress Act 2006

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,

Safeguarding Vulnerable Groups Act 2006

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”.

Corporate Manslaughter and Corporate Homicide Act 2007

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,”.

Local Government and Public Involvement in Health Act 2007

152

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

153

Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph (ca) substitute—

(ca) an integrated care board;

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;

155

In section 227 (Local Healthwatch organisations: annual reports), in subsection (4)(ab), for “clinical commissioning group” substitute “integrated care board”.

Statistics and Registration Service Act 2007

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””.

Education and Skills Act 2008

157

The Education and Skills Act 2008 is amended as follows.

158

In section 16 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—

(da) an integrated care board,

159

In section 77 (supply of information by public bodies), in subsection (2), for paragraph (da) substitute—

(da) an integrated care board,

160

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

161

In section 30 (urgent procedure for cancellation), in subsection (3)(a), for “clinical commissioning group” substitute “integrated care board”.

162

In section 39 (bodies required to be notified of certain matters), in subsection (1)(a), for “clinical commissioning group” substitute “integrated care board”.

163

In section 48 (reviews and investigations), in subsection (2)(ba), for “a clinical commissioning group” substitute “an integrated care board”.

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”.

165

In section 59 (additional functions), in subsection (3), for “clinical commissioning groups” substitute “integrated care boards”.

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,

167

In section 97 (general interpretation of Part 1), in subsection (1)—

(a) in the definition of “English NHS body”, for paragraph (cb) substitute—

an integrated care board,

;

(b) in the definition of “NHS care”, for “a clinical commissioning group” substitute “an integrated care board”.

Autism Act 2009

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;

Health Act 2009

169

The Health Act 2009 is amended as follows.

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”.

171

In section 8 (duty of providers to publish information), in subsection (6), for “a clinical commissioning group” substitute “an integrated care board”.

Corporation Tax Act 2010

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

Equality Act 2010

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.

Charities Act 2011

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,

175

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

176

In section 95 (licensing: special conditions), in subsection (2)(d), for “clinical commissioning groups” substitute “integrated care boards”.

177

In section 99 (notification of commissioners where continuation of services at risk), in subsection (5), for “clinical commissioning groups” substitute “integrated care boards”.

178

In section 100 (modification of standard conditions), in subsection (2)(d), for “clinical commissioning group” substitute “integrated care board”.

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”.

180

In section 104 (power to require documents and information), in subsection (2), for paragraph (f) substitute—

(f) an integrated care board.

181

In section 110 (notification of enforcement action), in subsection (1)(b), for “clinical commissioning groups” substitute “integrated care boards”.

182

In section 141 (levy on providers: consultation), in subsection (3), for paragraph (c) substitute—

(c) each integrated care board,

183

In section 150 (interpretation, transitional provision and consequential amendments), omit subsection (3).

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”.

185

In section 196 (other functions of Health and Wellbeing Boards), in subsection (1), for “clinical commissioning groups” substitute “integrated care boards”.

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”.

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”.

188

In section 306 (commencement), omit subsection (7).

189

Omit Schedule 6 (transitional provision in connection with clinical commissioning groups).

190

The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

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—

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,

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;

Care Act 2014

193

The Care Act 2014 is amended as follows.

194

In section 6 (co-operating generally), in subsection (8)(b), for “a clinical commissioning group” substitute “an integrated care board”.

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”.

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”.

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”.

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”.

Children and Families Act 2014

199

The Children and Families Act 2014 is amended as follows.

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”.

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”.

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”.

203

In section 31 (co-operating in specific cases: local authority functions), in subsection (1), for paragraph (e) substitute—

(e) an integrated care board;

204

In section 53 (mediation: health care issues), in subsection (5), for paragraph (b) substitute—

(b) an integrated care board;

205

In section 56 (mediation: supplementary), in subsection (3), for paragraph (b) substitute—

(b) an integrated care board;

206

In section 57 (resolution of disagreements), in subsection (7), for paragraph (b) substitute—

(b) an integrated care board;

207

In section 77 (code of practice), in subsection (1), for paragraph (k) substitute—

(k) integrated care boards;

Immigration Act 2014

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,

Local Audit and Accountability Act 2014

209

The Local Audit and Accountability Act 2014 is amended as follows.

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.

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)

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);

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”.

214

(1) Section 44 (interpretation of Act) is amended as follows.

(2) In subsection (1), for paragraph (b) of the definition of “area” substitute—

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.

215

In Schedule 2 (relevant authorities), for paragraph 23 substitute—

(23) An integrated care board.

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.

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)

218

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

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—

an integrated care board;

;

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

an integrated care board;

;

(b) in the Welsh language text—

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

bwrdd gofal integredig;

;

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

bwrdd gofal integredig;

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”.

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”.

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”.

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”.

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”.

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;

Housing (Wales) Act 2014 (anaw 7)

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;

Counter-Terrorism and Security Act 2015

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”.

Cities and Local Government Devolution Act 2016

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);

Data Protection Act 2018

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;

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

230

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

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;

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;

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;

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;

Network and Information Systems Regulations 2018 (S.I. 2018/506)

235

The Network and Information Systems Regulations 2018 are amended as follows.

236

In regulation 1(2) (interpretation), in the definition of “OES”, after “regulation 8(1)” insert “or (2A)”.

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)”.

NHS Funding Act 2020

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)”.

Domestic Abuse Act 2021

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—

an integrated care board established under section 14Z25 of that Act;

Police, Crime, Sentencing and Courts Act 2022

240

The Police, Crime, Sentencing and Courts Act 2022 is amended as follows.

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”.

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;

;

an integrated care board, or

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”.

SCHEDULE 5

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) (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”;

(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”.

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.

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”;

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”;

(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”;

(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”;

(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;

;

“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),

;

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);

(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).

SCHEDULE 6

In the National Health Service Act 2006, after Schedule 10 insert—

SCHEDULE 7

Value Added Tax Act 1994

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,

Finance Act 2003

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;

National Health Service Act 2006

3

The National Health Service Act 2006 is amended as follows.

4

In section 215 (trustees and property under section 222), in subsection (3)(b), omit “paragraph 10 of Schedule 4, or”.

5

In section 217 (supplementary provisions about trusts), in subsection (1), omit paragraph (h) (but not the “and” at the end).

6

In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph (2A).

National Health Service (Wales) Act 2006

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”.

8

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

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.

10

Omit section 180 (repeal of provisions on authorisation for NHS foundation trusts).

11

In section 200 (care trusts), omit subsection (15).

12

In Schedule 13, in paragraph 10 (saving provision: general duty of regulator), omit sub-paragraph (2).

13

Omit Schedule 14 (abolition of NHS trusts in England: consequential amendments).

Finance Act 2012

14

In section 216 of the Finance Act 2012 (health service bodies), omit subsections (5) and (6).

Local Audit and Accountability Act 2014

15

The Local Audit and Accountability Act 2014 is amended as follows.

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.

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.

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.

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.

20

In section 12 (failure to appoint local auditor), in subsections (1) and (2), for “a clinical commissioning group,” substitute “a health service body”.

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”.

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.

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.

24

In section 43 (orders and regulations), in subsection (6), omit paragraphs (b) and (c).

25

In section 44 (interpretation), in the definition of “accounts”, for “(5)” substitute “(6)”.

26

Omit section 47 (application to NHS trusts and trustees).

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.

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.

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.

Employment Rights Act 1996 (c. 18)

30

In section 66 of the Finance Act 2015 (VAT refunds to certain charities), omit subsection (6).

NHS (Charitable Trusts Etc) Act 2016

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.

SCHEDULE 8

PART 1 — Amendments about trust special administrators

1

The National Health Service Act 2006 is amended as follows.

2

For section 65B substitute—

(65B) (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) (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.

3

(1) Section 65D (NHS foundation trusts: appointment of trust special administrator) is amended as follows.

(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.

4

(1) Section 65DA (objective of trust special administration) is amended as follows.

(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”.

5

(1) Section 65F (draft report) is amended as follows.

(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.

6

(1) Section 65G (consultation plan) is amended as follows.

(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.

7

(1) Section 65H (consultation requirements) is amended as follows.

(2) In subsection (7)—

(a) omit paragraph (za);

(b) in paragraph (b), omit “other”;

(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).

8

(1) Section 65I (final report) is amended as follows.

(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).

9

(1) Section 65J (power to extend time) is amended as follows.

(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).

10

In the italic heading before section 65K for “the regulator” substitute “NHS England”.

11

For section 65K substitute—

(65K) (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.

12

(1) Section 65KA (regulator’s decision in case of NHS foundation trust) is amended as follows.

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