Health and Care Act 2022

• (2) In the heading for “Regulator’s” substitute “NHS England’s”.

• (3) In each of subsections (1) and (3) to (5), for “the regulator”, in each place it occurs, substitute “NHS England”.

• (4) In subsection (6), for “The regulator” substitute “NHS England”.

13

• (1) Section 65KB (Secretary of State’s response to regulator’s decision) is amended as follows.

• (2) In the heading for “regulator’s” substitute “NHS England’s”.

• (3) In subsections (1)(c) and (2)(b), for “the regulator” substitute “NHS England”.

14

In section 65KC (action following Secretary of State’s rejection of final report), in subsections (1) and (2), for “the regulator” substitute “NHS England”.

15

• (1) In section 65KD (Secretary of State’s response to resubmitted report) is amended as follows.

• (2) In subsection (3), for “(4) to” substitute “(5), (6) and”.

• (3) Omit subsection (4).

• (4) For subsections (5) and (6) substitute—

(5) If the notice states that an integrated care board has failed to discharge a function— (a) the board is to be treated for the purposes of this Act as having failed to discharge the function, (b) the Secretary of State may exercise the functions of NHS England under section 14Z61(2), (3)(a) and (5)(a), and (c) NHS England may not exercise any of its functions under section 14Z61. (6) Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of NHS England under section 14Z61(3)(a), the integrated care board to which the direction is given must cooperate with the Secretary of State.

• (5) Omit subsections (7) and (8).

16

• (1) Section 65L (trusts coming out of administration) is amended as follows.

• (2) For subsections (1) to (2B) substitute—

(1) Subsection (2) applies, in relation to an NHS trust, if NHS England and the Secretary of State both decide under section 65K not to dissolve the trust. (2) NHS England must make an order specifying a date when the following come to an end— (a) the appointment of the trust special administrator, and (b) the suspension of the chair and directors of the trust. (2A) Subsection (2B) applies, in relation to an NHS foundation trust, if— (a) the Secretary of State decides under section 65KD(9) not to dissolve the trust, or (b) the Secretary of State decides under section 65KB(1) or 65KD(1) that the Secretary of State is satisfied of the matters mentioned there, and the action recommended in the final report is to do something other than dissolve the trust. (2B) NHS England must make an order specifying a date when the following come to an end— (a) the appointment of the trust special administrator, and (b) the suspension of the governors, chair and directors of the trust.

• (3) In subsection (7), for “the regulator”, in both places it occurs, substitute “NHS England”.

17

In section 65LA (trusts to be dissolved), in subsection (3), for “The regulator” substitute “NHS England”.

18

• (1) Section 65M (replacement of trust special administrator) is amended as follows.

• (2) For subsection (1) substitute—

(1) If a trust special administrator ceases to hold office for any reason before an order is made under section 65L(2) or (2B) or the trust is dissolved, NHS England must— (a) appoint another person as the trust special administrator, and (b) publish the name of the person appointed.

• (3) In subsection (2), for “the Secretary of State” substitute “NHS England”.

• (4) Omit subsection (3).

19

• (1) Section 65N (guidance) is amended as follows.

• (2) In subsection (1), for “the Secretary of State” substitute “NHS England”.

• (3) In subsection (1A), omit paragraph (b).

• (4) In subsection (3A), for “the Secretary of State” substitute “NHS England”.

• (5) Omit subsection (4).

20

In section 65O (interpretation of Chapter), in subsection (1), in the definition of “trust special administrator”, for “65B(6)(a)” substitute “65B(8)(a)”.

21

In section 272 (orders, regulations, rules and directions), in subsection (5)(ab), after “65L(2)” insert “, (2B)”.

PART 2 — Consequential amendments

National Health Service Act 2006

22

The National Health Service Act 2006 is amended as follows.

23

In section 13Q (public involvement and consultation by NHS England), for subsection (4) substitute—

(4) This section does not require NHS England to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before— (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

24

In section 242 (public involvement and consultation by NHS trusts), for subsection (6) substitute—

(6) This section does not require a body to make arrangements in relation to matters to which a trust special administrator’s draft or final report under section 65F or 65I relates before— (a) in a case where the administrator’s report relates to an NHS trust, NHS England and the Secretary of State have made their decisions under section 65K(1) and (2), or (b) in a case where the administrator’s report relates to an NHS foundation trust, the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9).

Health and Social Care Act 2008

25

In section 29A of the Health and Social Care Act 2008 (warning notice: quality of health care), in subsection (5), for paragraph (b) substitute—

(b) must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).

SCHEDULE 9

Local Government Act 1974

1

In section 26 of the Local Government Act 1974 (matters subject to investigation), in subsection (1), for paragraph (d) substitute—

(d) an alleged or apparent failure in a service provided by the authority in the exercise of public health functions of the Secretary of State (within the meaning of the National Health Service Act 2006) in pursuance of arrangements made under section 7A, 65Z5 or 75 of the National Health Service Act 2006;

.

Children Act 1989

2

In section 105 of the Children Act 1989 (interpretation), for subsection (7B) substitute—

(7B) References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act.

National Health Service and Community Care Act 1990

3

In section 47 of the National Health Service and Community Care Act 1990 (assessment of needs for community care services), in subsection (3), for paragraph (za) substitute—

(za) that there may be a need for the provision of services to that person pursuant to arrangements made under the National Health Service Act 2006 by such integrated care board as may be determined in accordance with regulations (including such arrangements made by it in the exercise of functions of another person by virtue of any provision of that Act),

.

Adoption and Children Act 2002

4

In section 4 of the Adoption and Children Act 2002 (assessments etc for adoption support services), in subsection (9), for paragraph (za) substitute—

(za) there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by an integrated care board under the National Health Service Act 2006 (including such arrangements made by an integrated care board in the exercise of functions of another person by virtue of any provision of that Act),

.

Health and Social Care (Community Health and Standards) Act 2003

5

In section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), in subsection (1)—

• (a) at the end of paragraph (a) insert “(including any function that consists of exercising the function of another person)”;

• (b) in paragraph (c), omit “section 75 of the National Health Service Act 2006 or”;

• (c) omit paragraph (d).

National Health Service Act 2006

6

The National Health Service Act 2006 is amended as follows.

7

In section 13Z4 (interpretation of Chapter A1 of Part 2), omit subsections (2) to (4).

8

In section 73A (appointment of directors of public health), in subsection (1), after paragraph (c) insert—

(ca) the exercise by the authority of any public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,

.

9

In section 73B (exercise of public health functions of local authorities: further provision), in subsection (2), after paragraph (c) insert—

(ca) any public health functions of the Secretary of State exercisable by the authority in pursuance of arrangements made with another body by virtue of section 65Z5 or 75,

.

10

In section 73C (complaints about exercise of public health functions by local authorities), in subsection (1), after paragraph (c) insert—

(ca) anything done by a local authority in the exercise of public health functions of the Secretary of State in pursuance of arrangements made with another body by virtue of section 65Z5 or 75;

.

11

In section 223K (payments in respect of quality), in subsection (8), for the definition of “relevant services” substitute—

• “relevant services” means services provided in pursuance of arrangements made by the integrated care board in the exercise of its functions by virtue of this Act;

.

12

In section 244 (review and scrutiny by local authorities), in subsection (3), in the definition of “relevant health service provider”, for paragraph (a) (but not the “and” at the end) substitute—

1. provides services in pursuance of arrangements made by virtue of this Act,

.

13

In section 252A (role of NHS England and clinical commissioning groups in respect of emergencies), in subsection (10), for the definition of “service arrangements” substitute—

• “service arrangements” means arrangements made by virtue of this Act for the provision of services.

14

In section 253 (emergency powers), in subsection (1A), in paragraph (d), for sub-paragraphs (i) to (iv) substitute “by virtue of this Act”.

Local Government and Public Involvement in Health Act 2007

15

After section 116B of the Local Government and Public Involvement in Health Act 2007 insert—

(116C) 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.

Health and Social Care Act 2008

16

In section 97 of the Health and Social Care Act 2008 (general interpretation of Part), for subsection (2A) substitute—

(2A) Any reference in this Part to health care commissioned by NHS England or by an integrated care board is a reference to health care provided by other persons pursuant to arrangements made by NHS England or an integrated care board (including arrangements made by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).

Health and Social Care Act 2012

17

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

18

In section 197 (participation of NHS England in Health and Wellbeing Board), in the definition of “commissioning functions” in subsection (6), at the end insert “(including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person)”.

19

In section 199 (supply of information to Health and Wellbeing Boards), omit subsection (4).

20

In section 234 (quality standards), in subsection (11), for the definition of “NHS services” substitute—

• “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

.

21

In section 237 (advice, guidance, information and recommendations), in subsection (10), for paragraphs (b) and (c) substitute—

(b) the exercise by an authority of the functions of any other person by virtue of any provision of that Act.

22

In section 250 (powers to publish information standards), in subsection (7), for the definition of “NHS services”, substitute—

• “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

.

23

In section 263 (code of practice on confidential information), after subsection (7) insert—

(8) In this section “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).

24

In section 274 (powers of Secretary of State or Board to give directions), in subsection (9), at the appropriate place insert—

• “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);

.

25

In section 290 (duties to co-operate), in subsection (2), at the end insert “(including any functions that consist of exercising the functions of other persons)”.

SCHEDULE 10

1

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

2

In section 97 (conditions of licences for health care service providers), in subsection (1)(g), for “the national tariff (see section 116)” substitute “the NHS payment scheme (see section 114A)”.

3

In Part 3, for Chapter 4 substitute—

(114A) (1) NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner— (a) for the provision of health care services for the purposes of the NHS; (b) for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act. (2) The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection. (3) Rules under subsection (1) may, in particular— (a) specify prices; (b) specify amounts, formulae or other matters on the basis of which prices are to be determined; (c) provide for prices to be determined for, or by reference to, components of services or groups of services; (d) make different provision for different services or provision for some services but not others; (e) make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision; (f) confer a discretion on the commissioner of a service or on NHS England. (4) Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service. (5) Rules made by virtue of subsection (4) may— (a) make provision about how the price is to be agreed; (b) allow the agreement to make any provision that could be made by rules by virtue of subsection (3); (c) provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement. (6) For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1)(a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1), have regard to— (a) differences in the costs incurred in providing those services to persons of different descriptions, and (b) differences between providers with respect to the range of those services that they provide. (7) The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service. (8) The NHS payment scheme may contain guidance as to the application of rules under subsection (1). (9) A commissioner of a service mentioned in subsection (1) must have regard to any such guidance. (10) The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect. (114B) Where the commissioner of a service fails to comply with rules contained in the NHS payment scheme, NHS England may direct the commissioner to take steps specified in the direction, within a period specified in the direction— (a) to secure that the failure does not continue or recur, or (b) to secure that the position is (so far as practicable) restored to what it would have been if the failure was not occurring or had not occurred. (114C) (1) Before publishing the NHS payment scheme, NHS England must— (a) carry out an assessment of the likely impact of the proposed scheme, or (b) publish a statement setting out its reasons for concluding that such assessment is not needed. (2) Before publishing the NHS payment scheme, NHS England must consult the following— (a) each integrated care board; (b) each relevant provider; (c) such other persons as NHS England considers appropriate. (3) NHS England must give those persons a notice— (a) describing the proposed NHS payment scheme, (b) setting out any impact assessment carried out under subsection (1)(a), and (c) specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end. (4) The consultation period is the period of 28 days beginning with the day after that on which the notice is published. (5) NHS England must publish the notice given under subsection (3). (6) If, having consulted under this section— (a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and (b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation, NHS England must consult again under this section. (7) Subsection (6) does not apply where section 114D applies. (8) In this section “relevant provider” means— (a) a licence holder, or (b) another person, of a prescribed description, that provides— (i) health care services for the purposes of the NHS, or (ii) services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions). (114D) (1) This section applies where— (a) within the consultation period under section 114C, NHS England receives objections to the proposed NHS payment scheme from one or more integrated care boards or relevant providers, and (b) either or both of the following apply— (i) the objection percentage for integrated care boards exceeds the prescribed percentage; (ii) the objection percentage for relevant providers exceeds the prescribed percentage. (2) In subsection (1)(b) the “objection percentage” is the proportion (expressed as a percentage) of integrated care boards or (as the case may be) relevant providers that objected. (3) NHS England must consult such persons as appear to NHS England to be representative of the integrated care boards or relevant providers from whom objections were received. (4) If, having complied with subsection (3)— (a) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and (b) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation, NHS England must consult again under section 114C. (5) If, having complied with subsection (3), NHS England decides not to amend the proposed NHS payment scheme, it may publish the scheme but, before doing so, must— (a) publish a notice stating that decision and setting out the reasons for it, and (b) send a copy of the notice to— (i) the persons consulted under subsection (3), and (ii) the integrated care boards or relevant providers from whom objections were received. (114E) (1) NHS England may amend the NHS payment scheme during the period for which it has effect, provided that, in the opinion of NHS England, the amendments are not so significant as to require publication of a new edition of the NHS payment scheme. (2) In deciding whether the amendments are so significant as to require the publication of a new edition of the NHS payment scheme, NHS England must have regard to— (a) the proportion of integrated care boards that would be affected by the proposed amendments; (b) the proportion of relevant providers that would be affected by the proposed amendments; (c) the impact that the proposed amendments would have on integrated care boards and relevant providers that would be affected by them; (d) whether any integrated care boards or relevant providers would be disproportionately affected by the proposed amendments; (e) the amount of any increase or decrease in prices that would result from the proposed amendments. (3) If NHS England amends the NHS payment scheme, it must publish the NHS payment scheme as amended. (4) Before amending the NHS payment scheme, NHS England must, in accordance with subsections (5) to (7), consult the following about the proposed amendments— (a) any integrated care boards that would be affected by the proposed amendments; (b) any relevant providers that would be affected by the proposed amendments; (c) such other persons as NHS England considers appropriate. (5) NHS England must publish a notice specifying— (a) the proposed amendments, and (b) when the period within which representations may be made about the proposed amendments (“the consultation period”) will come to an end. (6) The consultation period is the period of 28 days beginning with the day after that on which the notice is published. (7) NHS England must send a copy of the notice to each of the persons to be consulted under subsection (4). (114F) In this Chapter— - “commissioner”, in relation to a service, means the person who arranges for the provision of the service; - “the NHS payment scheme” means the document published under section 114A(1); - “relevant provider” has the meaning given by section 114C(8).

4

In section 304 (regulations, orders and directions), in subsection (5), for paragraph (g) substitute—

(g) regulations under section 114D(1)(b)(i) or (ii) (percentage to be prescribed in cases of objections to proposals for NHS payment scheme);

.

SCHEDULE 11

After Schedule 1 to the National Health Service Act 2006 insert—

SCHEDULE 12

Company Directors Disqualification Act 1986

1

In section 9E of the Company Directors Disqualification Act 1986 (disqualification for competition infringements: interpretation), in subsection (2), omit paragraph (f).

Competition Act 1998

2

In section 54 of the Competition Act 1998 (list of regulators), in subsection (1), omit paragraph (h).

Enterprise Act 2002

3

• (1) Section 136 of the Enterprise Act 2002 (investigations and reports on market investigation references) is amended as follows.

• (2) In subsection (7), omit paragraph (i).

• (3) In subsection (8), omit “, Monitor”.

Health and Social Care Act 2012

4

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

5

In section 74 (competition functions: supplementary), omit subsections (1) to (6).

6

In section 288 (Monitor: duty to cooperate with Care Quality Commission), omit subsection (3).

Enterprise and Regulatory Reform Act 2013

7

The Enterprise and Regulatory Reform Act 2013 is amended as follows.

8

In Schedule 4 (the Competition and Markets Authority), in paragraph 16(7), omit paragraph (g).

9

In Schedule 14 (regulators: use of powers under the Competition Act 1998), omit paragraphs 20 to 22.

Care Act 2014

10

In section 92 of the Care Act 2014 (care standards: false or misleading information offence), omit subsections (7) and (8).

SCHEDULE 13

PART 1 — Constitution

Status

1

• (1) The HSSIB is not to be regarded—

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

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

• (2) The HSSIB’s property is not to be regarded—

• (a) as the property of the Crown, or

• (b) as property held on behalf of the Crown.

Membership

2

• (1) The HSSIB is to consist of—

• (a) a Chief Investigator appointed in accordance with paragraph 3,

• (b) other members appointed in accordance with paragraph 4, and

• (c) a chair and at least four other members appointed by the Secretary of State.

• (2) The Chief Investigator is to be the chief executive of the HSSIB.

• (3) The HSSIB must have more non-executive than executive members.

• (4) In this Schedule—

• (a) references to executive members of the HSSIB are references to the members mentioned in sub-paragraph (1)(a) and (b), and

• (b) references to non-executive members of the HSSIB are references to the members mentioned in sub-paragraph (1)(c).

The Chief Investigator: appointment and status

3

• (1) The Chief Investigator is to be appointed by the non-executive members with the consent of the Secretary of State.

• (2) The Chief Investigator is to be an employee of the HSSIB.

Other executive members: appointment and status

4

• (1) The other executive members of the HSSIB are to be appointed by the non-executive members.

• (2) The non-executive members may not appoint more than five other executive members without the consent of the Secretary of State.

• (3) The other executive members are to be employees of the HSSIB.

Non-executive members: tenure

5

• (1) A person holds and vacates office as a non-executive member of the HSSIB in accordance with that person’s terms of appointment (subject to the following provisions of this paragraph).

• (2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State.

• (3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds—

• (a) incapacity,

• (b) misbehaviour, or

• (c) failure to carry out the person’s duties as a non-executive member.

• (4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove the person from office under sub-paragraph (3).

• (5) A person may be appointed as a non-executive member for an initial term of up to three years.

• (6) A person who has been appointed as a non-executive member for an initial term may be re-appointed, but only for one further term of up to three years.

• (7) The further term must begin at the end of the initial term.

Non-executive members: suspension from office

6

• (1) This paragraph applies where a person is suspended under paragraph 5(4).

• (2) The Secretary of State must give notice of the decision to suspend to the person.

• (3) The suspension takes effect on receipt by the person of the notice.

• (4) The notice may be—

• (a) delivered in person (in which case the person is taken to receive it when it is delivered), or

• (b) sent by first class post to the person’s last known address (in which case the person is taken to receive it on the third day after the day on which it is posted).

• (5) The initial period of suspension must not exceed six months.

• (6) The Secretary of State may review the suspension at any time.

• (7) The Secretary of State—

• (a) must review the suspension if requested in writing by the person to do so, but

• (b) is not required to review the suspension before the end of the period of three months beginning with the start of the initial period of suspension.

• (8) Following a review during a period of suspension, the Secretary of State may—

• (a) confirm the suspension,

• (b) revoke the suspension, or

• (c) suspend the person for another period of not more than six months beginning with the expiry of the current period.

• (9) The Secretary of State must revoke the suspension if the Secretary of State—

• (a) decides that there are no grounds to remove the person from office under paragraph 5(3), or

• (b) decides that there are grounds to do so but does not remove the person from office under that provision.

7

• (1) Where a person is suspended from office as the chair under paragraph 5(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair’s functions.

• (2) Appointment as interim chair is for a term not exceeding the shorter of—

• (a) the period ending with either—

• (i) the appointment of a new chair, or

• (ii) the revocation or expiry of the existing chair’s suspension, and

• (b) the remainder of the interim chair’s term as a non-executive member.

• (3) Sub-paragraph (4) applies if—

• (a) a person’s initial term as interim chair is to cease as a result of the expiry of the person’s initial term as a non-executive member, and

• (b) that person is to be re-appointed as a non-executive member.

• (4) The person may be re-appointed as interim chair for a further term determined in accordance with sub-paragraph (2).

• (5) That further term must begin at the end of the person’s initial term as interim chair.

Non-executive members: payment

8

• (1) The HSSIB must pay to the non-executive members such remuneration as the Secretary of State may determine.

• (2) The HSSIB must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member.

• (3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the HSSIB must pay compensation to the person of such amount as the Secretary of State may determine.

Staff

9

• (1) The HSSIB may appoint such persons to be employees of the HSSIB as it considers appropriate.

• (2) Employees of the HSSIB are to be paid such remuneration as the HSSIB may determine.

• (3) Employees of the HSSIB are to be appointed on such other terms and conditions as the HSSIB may determine.

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

• (5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (2) or (4), the HSSIB must obtain the approval of the Secretary of State to its policy on that matter.

Procedure

10

• (1) The HSSIB may regulate its own procedure.

• (2) The validity of any act of the HSSIB is not affected by any vacancy among the members or by any defect in the appointment of any member.

Committees

11

• (1) The HSSIB may appoint such committees and sub-committees as it considers appropriate.

• (2) A committee or sub-committee may consist of or include persons who are not members or employees of the HSSIB.

• (3) The HSSIB may pay such remuneration and allowances as it may determine to any person who—

• (a) is a member of a committee or a sub-committee, but

• (b) is not an employee of the HSSIB,

whether or not that person is a non-executive member of the HSSIB.

• (4) Before making a determination as to remuneration or allowances for the purposes of sub-paragraph (3), the HSSIB must consult the Secretary of State.

Exercise of functions

12

• (1) The HSSIB must exercise the functions conferred on it by this Part effectively, efficiently and economically.

• (2) The HSSIB may arrange for the exercise of any of its functions on its behalf by—

• (a) any non-executive member,

• (b) any employee (including any executive member), or

• (c) a committee or sub-committee.

Assistance in exercise of functions

13

• (1) The HSSIB may arrange for persons to assist it in the exercise of its functions in relation to—

• (a) a particular case, or

• (b) cases of a particular description.

• (2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Funding

14

• (1) The Secretary of State may make payments to the HSSIB out of money provided by Parliament of such amounts as the Secretary of State considers appropriate.

• (2) Payments made under sub-paragraph (1) may be made at such times and on such conditions (if any) as the Secretary of State considers appropriate.

Supplementary powers

15

• (1) The HSSIB may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on it by this Part.

• (2) The power under sub-paragraph (1) includes power for the HSSIB to do the following—

• (a) enter into agreements;

• (b) acquire and dispose of property;

• (c) supply materials, facilities and services to any person;

• (d) develop and exploit ideas and exploit intellectual property.

• (3) But the HSSIB requires the consent of the Secretary of State to borrow money temporarily by way of overdraft.

Use of income from charges

16

Where the HSSIB receives income from imposing charges under section 127(8) or 128(4), it must ensure that the income is used for exercising its functions.

Losses and liabilities etc

17

• (1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if the HSSIB were an authority of the kind referred to in that section.

• (2) In its application to the HSSIB as a result of sub-paragraph (1), section 265 of that Act has effect as if the references in that section to that Act were references to this Part of this Act.

Accounts

18

• (1) The HSSIB must keep proper accounts and proper records in relation to the accounts.

• (2) The Secretary of State may give directions to the HSSIB as to—

• (a) the content and form of its accounts, and

• (b) the methods and principles to be applied in the preparation of its accounts.

19

• (1) The HSSIB must prepare annual accounts in respect of each financial year.

• (2) The HSSIB must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct.

• (3) The Comptroller and Auditor General must—

• (a) examine, certify and report on the annual accounts, and

• (b) lay copies of them and the report before Parliament.

• (4) In this paragraph and paragraph 20, “financial year” means a period of 12 months ending with 31 March.

Reports and other information

20

• (1) As soon as practicable after the end of each financial year, the HSSIB must prepare an annual report on how it has exercised its functions during the financial year to which the report relates.

• (2) The report must, among other things, set out the measures that the HSSIB has taken to ensure that its functions are exercised effectively, efficiently and economically.

• (3) The HSSIB must send a copy of the report to the Secretary of State.

• (4) The Secretary of State must lay a copy of the report before Parliament.

• (5) The HSSIB must publish the report once it has been laid before Parliament.

• (6) Subject to sub-paragraph (7), the Secretary of State may require the HSSIB to provide to the Secretary of State such other reports and information relating to the exercise of its functions as the Secretary of State may request.

• (7) The Secretary of State may not require the HSSIB to provide any reports or information that relate to an investigation that the HSSIB is carrying out or has carried out.

Seal and signature

21

• (1) The application of the HSSIB’s seal must be authenticated by the signature of any member of the HSSIB or any other person who has been authorised (generally or specially) for that purpose.

• (2) A document purporting to be duly executed under the HSSIB’s seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

PART 2 — Transfer schemes

22

• (1) The Secretary of State may, in connection with the establishment of the HSSIB by this Act, make one or more transfer schemes.

• (2) A “transfer scheme” is a scheme for the transfer to the HSSIB of any property, rights or liabilities of NHS England relating to the discharge of NHS England’s functions pursuant to any directions made by the Secretary of State under the power conferred by section 44 which are in force at the time the scheme is made.

• (3) The things that may be transferred under a transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme;

• (c) criminal liabilities.

• (4) A transfer scheme may—

• (a) create rights, or impose liabilities, in relation to property or rights transferred;

• (b) make provision about the continuing effect of things done by, on behalf of or in relation to NHS England in respect of anything transferred;

• (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to NHS England in respect of anything transferred;

• (d) make provision for references to NHS England in an instrument or other document in respect of anything transferred to be treated as references to the HSSIB;

• (e) make provision for the shared ownership or use of property;

• (f) make provision which is the same as or similar to the TUPE regulations;

• (g) make other consequential, supplementary, incidental or transitional provision.

• (5) A transfer scheme may provide—

• (a) for modifications by agreement;

• (b) for modifications to have effect from the date when the original scheme came into effect.

• (6) In sub-paragraph (4)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

• (7) For the purposes of this paragraph—

• (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

• (b) references to the transfer of property include the grant of a lease.

• (8) For the purposes of sub-paragraph (7)(a)—

• (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

• (b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.

23

• (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—

• (a) anything transferred under a scheme under paragraph 22, or

• (b) anything done for the purposes of, or in relation to, a transfer under such a scheme.

• (2) The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;

• (b) anything transferred to be treated in a specified way for the purposes of a tax provision;

• (c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.

• (3) The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;

• (b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;

• (c) the Secretary of State to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.

• (4) Regulations under this paragraph are subject to annulment in pursuance of a resolution of the House of Commons.

• (5) In this paragraph references to the transfer of property include the grant of a lease.

• (6) In this paragraph—

• “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;

• “tax provision” means a provision of an enactment about a relevant tax.

SCHEDULE 14

Disclosures for purposes of investigations

1

• (1) The HSSIB, or an individual connected with the HSSB, may disclose protected material to an individual connected with the HSSIB if—

• (a) the person making the disclosure, or

• (b) an authorised person,

reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function.

• (2) In this paragraph “authorised person” means an individual connected with the HSSIB who is authorised by the HSSIB for the purposes of this paragraph.

2

The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person not connected with the HSSIB if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the carrying out of the HSSIB’s investigation function.

Disclosures relating to prosecution or investigation of offences

3

The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person if the Chief Investigator reasonably believes that the disclosure is necessary for the purposes of the prosecution or investigation of an offence under section 121 (offences relating to investigations) or 124 (unlawful disclosure).

Disclosures relating to safety risks

4

The HSSIB, or an individual connected with the HSSIB, may disclose protected material to a person where—

• (a) the Chief Investigator reasonably believes that the disclosure of the material is necessary to address a serious and continuing risk to the safety of any patient or to the public,

• (b) the Chief Investigator reasonably believes that the person is in a position to address the risk, and

• (c) the disclosure is only to the extent necessary to enable the person to take steps to address the risk.

Disclosure by order of the High Court

5

• (1) A person may apply to the High Court for an order that any protected material be disclosed by the HSSIB to the person for the purposes specified in the application.

• (2) Those purposes may include onward disclosure by the person making the application to a person specified in the application.

• (3) The HSSIB may make representations to the High Court about any application under this paragraph.

• (4) The High Court may make an order on an application under this paragraph only if it determines that the interests of justice served by the disclosure outweigh—

• (a) any adverse impact on current and future investigations by deterring persons from providing information for the purposes of investigations, and

• (b) any adverse impact on securing the improvement of the safety of health care services provided to patients in England.

Exercise of Chief Investigator’s functions

6

• (1) The Chief Investigator may arrange for the Chief Investigator’s functions under any provision of this Schedule to be exercised by an investigator.

• (2) An arrangement under this paragraph may relate to a particular case, a particular class of case or all cases.

Guidance

7

• (1) The HSSIB must publish guidance as to—

• (a) when it might be appropriate for protected material to be disclosed under paragraph 2, 3, or 4,

• (b) the types of protected material which it might be appropriate to disclose under any such provision, and

• (c) the processes which should be used when disclosing protected material under any such provision.

• (2) If the HSSIB revises the guidance, the HSSIB must publish it as revised.

SCHEDULE 15

Public Records Act 1958 (c. 51)

1

In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part 2 of the table in paragraph 3, at the appropriate place insert—

• Health Services Safety Investigations Body (except for any record that is prohibited from being disclosed by section 122 of the Health and Care Act 2022).

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

2

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (public authorities to which that Act applies) in paragraph 1, after paragraph (p) (inserted by Schedule 4 to this Act) insert—

(q) the Health Services Safety Investigations Body.

Parliamentary Commissioner Act 1967 (c. 13)

3

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert—

• The Health Services Safety Investigations Body.

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert —

• Chief Investigator, chair or other member of the Health Services Safety Investigations Body.

Copyright, Designs and Patents Act 1988 (c. 48)

5

In section 48(6) of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business) after “the Care Quality Commission,” insert “the Health Services Safety Investigations Body,”.

Employment Rights Act 1996 (c. 18)

6

• (1) The Employment Rights Act 1996 is amended as follows.

• (2) In section 49B(7) (regulations prohibiting discrimination because of protected disclosure) after paragraph (g) insert—

(ga) the Health Services Safety Investigations Body;

.

• (3) In section 50(8) (right to time off for public duties) after paragraph (ad) insert—

(ae) the Health Services Safety Investigations Body,

.

• (4) In section 218(10) (change of employer) after paragraph (cd) insert—

(ce) the Health Services Safety Investigations Body.

Freedom of Information Act 2000 (c. 36)

7

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities to which that Act applies) at the appropriate place insert—

• The Health Services Safety Investigations Body.

National Health Service Act 2006 (c. 41)

8

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

• (2) In section 9(4) (NHS contracts) after paragraph (kc) insert—

(kd) the Health Services Safety Investigations Body,

.

• (3) In section 71(2) (schemes for meeting losses and liabilities etc of certain health service bodies: bodies eligible to participate) after paragraph (fa) insert—

(fb) the Health Services Safety Investigations Body,

.

• (4) In section 247C(2) (Secretary of State’s duty to keep health service functions under review) after paragraph (ea) insert—

(eb) the Health Services Safety Investigations Body;

.

• (5) In section 253 (emergency powers)—

• (a) in subsection (1A), after paragraph (c) insert—

(ca) the Health Services Safety Investigations Body;

, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health Act 2009 (c. 21)

9

In section 2(2) of the Health Act 2009 (duty to have regard to NHS Constitution) after paragraph (h) insert—

(i) the Health Services Safety Investigations Body.

Equality Act 2010 (c. 15)

10

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities to which the public sector equality duty applies) under the heading “Health, social care and social security”, after the entry relating to the Health and Social Care Information Centre insert—

• The Health Services Safety Investigations Body.

SCHEDULE 16

Police and Criminal Evidence Act 1984

1

In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (t) insert—

(u) an offence under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).

Police and Criminal Evidence (Northern Ireland) Order 1989

2

In Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (qualifying offences for the purposes of Part 6 of that Order), in paragraph (2)—

• (a) the second sub-paragraph (t) (inserted by the Space Industry Act 2018) becomes sub-paragraph (u);

• (b) after that sub-paragraph insert—

(v) an offence under any of sections 144 to 146 and 156 to 158 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).

Criminal Justice and Public Order Act 1994

3

• (1) Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences for which cross-border powers of arrest available) is amended as follows.

• (2) After paragraph 25 insert—

(25A) An offence under any of the following sections of the Health and Care Act 2022— (a) section 136 (virginity testing); (b) section 137 (offering to carry out virginity testing); (c) section 138 (aiding or abetting etc a person to carry out virginity testing); (d) section 148 (carrying out hymenoplasty); (e) section 149 (offering to carry out hymenoplasty); (f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).

• (3) After paragraph 43 insert—

(43A) An offence under any of the following sections of the Health and Care Act 2022— (a) section 140 (virginity testing); (b) section 141 (offering to carry out virginity testing); (c) section 142 (aiding or abetting etc a person to carry out virginity testing); (d) section 152 (carrying out hymenoplasty); (e) section 153 (offering to carry out hymenoplasty); (f) section 154 (aiding or abetting etc a person to carry out hymenoplasty).

• (4) After paragraph 67 insert—

(68) An offence under any of the following sections of the Health and Care Act 2022— (a) section 144 (virginity testing); (b) section 145 (offering to carry out virginity testing); (c) section 146 (aiding or abetting etc a person to carry out virginity testing); (d) section 156 (carrying out hymenoplasty); (e) section 157 (offering to carry out hymenoplasty); (f) section 158 (aiding or abetting etc a person to carry out hymenoplasty).

Criminal Procedure (Scotland) Act 1995

4

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

5

In section 19A (samples etc. from persons convicted of sexual or violent offences), in the definition of “relevant violent offence” in subsection (6), in paragraph (h)—

• (a) omit the “and” at the end of sub-paragraph (iv);

• (b) after sub-paragraph (v) insert—

(vi) any of sections 140 to 142 and 152 to 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).

6

In section 271BZA (child witnesses in certain solemn cases: special measures), in subsection (2), after paragraph (f) insert—

(fa) an offence under any of sections 140 to 142 and 152 to 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty);

.

Crime and Disorder Act 1998

7

In section 51C of the Crime and Disorder Act 1998 (notices in certain cases involving children), in subsection (3)—

• (a) after paragraph (da) insert—

(db) under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (virginity testing and hymenoplasty etc);

;

• (b) for “paragraph (a), (b), (c), (d) or (da)” substitute “any of paragraphs (a) to (db)”.

Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)

8

Pending the commencement of its repeal by section 81(2)(d) of the Disclosure (Scotland) Act 2020, paragraph 2 of Schedule 1 to the Protection of Vulnerable Groups (Scotland) Act 2007 (relevant offences) has effect as if it included a reference to an individual who commits an offence under any of sections 140 to 142 or 152 to 154 of this Act (offences relating to virginity testing and hymenoplasty).

Modern Slavery Act 2015

9

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36A insert—

(36B) An offence under any of the following provisions of the Health and Care Act 2022— (a) section 136 (virginity testing); (b) section 137 (offering to carry out virginity testing); (c) section 138 (aiding or abetting etc a person to carry out virginity testing); (d) section 148 (carrying out hymenoplasty); (e) section 149 (offering to carry out hymenoplasty); (f) section 150 (aiding or abetting etc a person to carry out hymenoplasty).

SCHEDULE 17

PART 1 — Amendments to Human Fertilisation and Embryology Act 1990

Introductory

1

The Human Fertilisation and Embryology Act 1990 is amended as follows.

Maximum storage periods

2

• (1) Section 14 (conditions of storage licences) is amended as follows.

• (2) In subsection (1), for paragraph (c) substitute—

(c) that the requirements of subsection (3) (maximum storage periods) are met,

.

• (3) For subsections (3) to (5) substitute—

(3) The requirements referred to in subsection (1)(c) are as follows— (a) gametes must not be kept in storage for longer than such period not exceeding 55 years beginning with the day on which they are first placed in storage as the licence may specify; (b) an embryo must not be kept in storage for treatment purposes for longer than such period not exceeding 55 years beginning with the day on which it is first so kept as the licence may specify; (c) an embryo that is kept in storage for the research or training purpose but not for treatment purposes must not be so kept for longer than such period not exceeding 10 years beginning with the day on which consent was given under Schedule 3 to the storage of the embryo for that purpose as the licence may specify; (d) a human admixed embryo must not be kept in storage for longer than such period not exceeding 10 years beginning with the day on which it is first placed in storage as the licence may specify. (4) Where under Schedule 3 consent is given to the storage of an embryo for the training or research purpose by different persons on different days, the reference in subsection (3)(c) to the day on which consent was given is to be taken as a reference to the last of those days. (5) For the purposes of this section— (a) “treatment purposes” are purposes referred to in paragraph 2(1)(a) or (b) of Schedule 3; (b) the “training purpose” is the purpose referred to in paragraph 2(1)(ba) of that Schedule; (c) the “research purpose” is the purpose referred to in paragraph 2(1)(c) of that Schedule.

3

In section 47 (index), omit the entry for the “Statutory storage period”.

4

In Schedule 3 (consents), in paragraph 2(2)(a), for “statutory storage period” substitute “period for which, by virtue of section 14(3), the gametes, embryo or human admixed embryo may be stored under the licence”.

Disposal of material

5

In section 14 (conditions of storage licences), in subsection (1), after paragraph (c) insert—

(ca) that any gametes, embryos or human admixed embryos that have been kept in storage pursuant to the licence must, once they may no longer lawfully be so kept, be removed from storage and disposed of, and

.

6

In section 17 (the person responsible), in subsection (1)(c), for “allowed to perish” substitute “removed from storage”.

Consent to storage

7

• (1) Schedule 3 (consents) is amended as follows.

• (2) In paragraph 1—

• (a) in sub-paragraph (1), before the first “and” insert “any renewal of consent,”;

• (b) in sub-paragraph (2), before the first “and” insert “any renewal of consent by a person unable to sign,”;

• (c) in sub-paragraph (3)—

• (i) the words from ““effective consent” to the end become paragraph (a);

• (ii) after that paragraph insert—

(b) references to renewal of consent are to renewal of consent to the storage of any gametes or embryo under paragraph 11A or 11C.

• (3) In paragraph 3, in sub-paragraph (1), after “gives” insert “or renews”.

• (4) After paragraph 11 insert—