The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

Made: 5th February 2013

Laid before Parliament: 13th February 2013

Coming into force: 1st April 2013

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 28(1), (2) and (5), 272(7) and (8) and 273(1) of the National Health Service Act 2006 and sections 303 and 304(9) and (10) of the Health and Social Care Act 2012 .

The Secretary of State has, in accordance with section 28(7) of the National Health Service Act 2006, consulted such bodies as the Secretary of State has recognised as representing officers who, in the Secretary of State's opinion, are likely to be transferred, or affected by transfer, in pursuance of Part 2 of this Order.

The Secretary of State has consulted Scottish Ministers in accordance with section 303(4) of the Health and Social Care Act 2012.

PART 1 — General

Citation, commencement, extent and application

1

• (1) This Order may be cited as the National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013.

• (2) This Order comes into force on 1st April 2013.

• (3) Subject to paragraphs (4) and (5), this Order extends to England and Wales only.

• (4) Any amendment or revocation made by this Order has the same extent as the enactment amended or revoked.

• (5) Any transitional or saving provision made by this Order has the same extent as the enactment to which it relates.

• (6) Part 2 of this Order applies in relation to England only.

PART 2 — Abolition of the National Treatment Agency

Interpretation

2

In this Part—

• “the Agency” means the National Treatment Agency established by article 2 of the National Treatment Agency (Establishment and Constitution) Order 2001 ; and

• “the transfer date” means 1st April 2013.

Abolition of the Agency

3

The Agency is abolished.

Transfer of staff to the Secretary of State

4

• (1) This paragraph applies in relation to any person who—

• (a) is employed by the Agency immediately before the transfer date; and

• (b) has been notified in writing by the Agency prior to the transfer date that they are to be transferred to the employment of the Secretary of State.

• (2) Any person to whom paragraph (1) applies is, on the transfer date, transferred to the employment of the Secretary of State.

• (3) The contract of employment of a person whose employment transfers to the Secretary of State under paragraph (2)—

• (a) is not terminated by that transfer; and

• (b) has effect on and after the transfer date as if originally made between that person and the Secretary of State.

• (4) Without prejudice to paragraph (3)—

• (a) all the rights, powers, duties and liabilities of the Agency under or in connection with the contract of employment of any person whose employment transfers to the Secretary of State under paragraph (2), are transferred to the Secretary of State; and

• (b) any act or omission before the transfer date by, or in relation to, the Agency, in respect of that person or that person's contract of employment, is deemed to have been an act or omission of, or in relation to, the Secretary of State.

• (5) Paragraphs (2) to (4) do not operate to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under or in connection with that contract, if, before the transfer date, the person informs the Agency that they object to becoming employed by the Secretary of State.

• (6) Where a person to whom paragraph (1) applies has objected to the transfer of that person's contract of employment as described in paragraph (5), the transfer operates so as to terminate that person's contract of employment with the Agency.

• (7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the Agency.

• (8) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed.

• (9) No damages are payable by the employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.

• (10) Paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person's contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.

Transfer of property and liabilities

5

• (1) Any property held by the Agency immediately before the transfer date is on the transfer date transferred to the Secretary of State.

• (2) Any criminal liabilities of the Agency are on the transfer date transferred to the National Health Service Litigation Authority .

• (3) All other liabilities of the Agency are on the transfer date transferred to the Secretary of State.

Continuity and supplementary provision

6

• (1) Any right relating to property held by the Agency immediately before the transfer date that was enforceable by or against the Agency before the transfer date is, on and after that date, enforceable by or against the Secretary of State.

• (2) Any act or omission by, or in relation to, the Agency before the transfer date in respect of—

• (a) the exercise of any of the functions of the Agency;

• (b) under or in connection with any contract or agreement entered into by the Agency; or

• (c) in connection with any of the property or liabilities of the Agency transferred by this Order,

is deemed to have been an act or omission of, or in relation to, the Secretary of State.

• (3) Subject to article 7, anything (which may include legal proceedings) which, when this Order comes into force, is in the process of being done by, or in relation to, the Agency in respect of, or in connection with—

• (a) the exercise by the Agency of any of its functions; or

• (b) any property or liabilities of the Agency transferred by this Order,

is deemed to have effect as if done by, or in relation to, and may be continued by, or in relation to, the Secretary of State.

• (4) Any reference to the Agency in any agreement (whether written or not), instrument or other document in connection with any of the functions of the Agency or any property or liabilities transferred by this Order is to be treated as a reference to the Secretary of State.

• (5) No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property or liabilities under or by virtue of this Order.

• (6) The transfer of any property, rights and liabilities by this Order is to be made—

• (a) irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and

• (b) whether or not they would otherwise be capable of being transferred.

Complaints

7

• (1) A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the Agency may be investigated by the Commissioner notwithstanding the abolition of the Agency, and the Commissioner must send a copy of the report of the result of any such investigation to the Secretary of State.

• (2) The Secretary of State shall, in accordance with the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 , handle any complaint made under those Regulations in relation to the Agency, as if the Secretary of State was a Special Health Authority and the complaint had been made to that Authority.

• (3) This article applies to complaints made before, on or after the transfer date.

Winding up of affairs of the Agency

8

The Secretary of State must take such action as may be necessary for the winding up of the affairs of the Agency, including the preparation of the outstanding accounts of the Agency and the performance of all statutory duties relating to those accounts.

Amendments and revocations consequential on the abolition of the Agency

9

The amendments and revocations in Schedule 1 have effect.

PART 3 — The Health and Social Care Act 2012: consequential, transitional and saving provisions

Primary medical and dental services

10

• (1) In this article, “relevant Order” means—

• (a) the General Medical Services Transitional and Consequential Provisions Order 2004 ,

• (b) the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 ,

• (c) the General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004 ,

• (d) the General Dental Services and Personal Dental Services Transitional Provisions Order 2005 , or

• (e) the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 .

• (2) The abolition of Primary Care Trusts by section 34 of the Health and Social Care Act 2012 does not affect the continuing operation of any provision of a relevant Order which but for that abolition would be capable of having effect after 31st March 2013.

• (3) Any provision of a relevant Order—

• (a) which has continuing effect after 31st March 2013, and

• (b) which refers to a Primary Care Trust,

is to be treated, so far as that provision falls to be applied to any act or omission occurring after that date, as if it referred to the National Health Service Commissioning Board.

• (4) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as an act or omission by or in relation to the National Health Service Commissioning Board.

• (5) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, the National Health Service Commissioning Board.

Consequential amendments and revocations

11

Schedule 2 (which contains amendments and revocations which are consequential on the Health and Social Care Act 2012) has effect.

Transitional and saving provisions

12

Schedule 3 (transitional and saving provisions) has effect.

SCHEDULE 1 — The National Treatment Agency: amendments and revocations

Instruments amended

The National Health Service Trusts (Membership and Procedure) Regulations 1990

1

In the National Health Service Trusts (Membership and Procedure) Regulations 1990 , in regulation 11 (disqualification of appointment for chairman and non-executive directors), omit paragraph (5A).

The Health Service Commissioner for England (Special Health Authorities) Order 2005

2

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation) , omit the entry for the National Treatment Agency.

Instruments revoked

The National Treatment Agency (Establishment and Constitution) Order 2001

3

The National Treatment Agency (Establishment and Constitution) Order 2001 is revoked.

The National Treatment Agency Regulations 2001

4

The National Treatment Agency Regulations 2001 are revoked.

The National Treatment Agency (Amendment) Regulations 2001

5

The National Treatment Agency (Amendment) Regulations 2001 are revoked

The National Treatment Agency (Establishment and Constitution) Amendment Order 2003

6

The National Treatment Agency (Establishment and Constitution) Amendment Order 2003 is revoked.

SCHEDULE 2 — Consequential amendments and revocations

PART 1 — Instruments amended

The Public Trustee Rules 1912

1

In rule 30(1)(e)(i) of the Public Trustee Rules 1912 (corporate bodies as custodian trustees), omit “Strategic Health Authority,”.

The Health and Personal Social Services (Northern Ireland) Order 1972

2

In article 15C(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (persons with whom agreements may be made), in the definition of “HSS employee”, in paragraph (b), omit “a Primary Care Trust in England,”.

The National Health Service (Venereal Diseases) Regulations 1974

3

• (1) In regulation 2 of the National Health Service (Venereal Diseases) Regulations 1974 (confidentiality of information)—

• (a) for “Strategic Health Authority, NHS Trust,” substitute “ NHS Trust or ”,

• (b) omit “and Primary Care Trust”, and

• (c) omit “Authority or”.

• (2) This paragraph applies in relation to England only.

The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974

4

• (1) The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974 are amended as follows.

• (2) In regulation 2, for “the said section 11(2)” substitute “ section 80(5) of the National Health Service Act 2006 or section 38(5) of the National Health Service (Wales) Act 2006 ”.

• (3) In regulation 3, omit “or Primary Care Trust”.

The National Health Service (Speech Therapists) Regulations 1974

5

In regulation 4 of the National Health Service (Speech Therapists) Regulations 1974 (authorities to which regulation 3 applies), omit paragraph (b).

The Social Security (Medical Evidence) Regulations 1976

6

• (1) The Social Security (Medical Evidence) Regulations 1976 are amended as follows.

• (2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

• (3) In Part 2 of Schedule 2 (form of certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ”.

The Health and Safety at Work (Northern Ireland) Order 1978

7

• (1) The Health and Safety at Work (Northern Ireland) Order 1978 is amended as follows.

• (2) In article 18(2)(a) (approval of codes of practice by the Executive), omit “and the Health Protection Agency”.

• (3) In article 46(3)(a) (regulations under the relevant statutory provisions), omit “and the Health Protection Agency”.

The National Health Service (Transfer of Officers) (No. 2) Regulations 1986

8

In regulation 1(2) of the National Health Service (Transfer of Officers) (No. 2) Regulations 1986 (interpretation), in the definition of “Authority”, omit “Strategic Health Authority or”.

The Statutory Maternity Pay (Medical Evidence) Regulations 1987

9

• (1) The Statutory Maternity Pay (Medical Evidence) Regulations 1987 are amended as follows.

• (2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

• (3) In Part 2 of the Schedule (form of maternity certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ”.

The Income Support (General) Regulations 1987

10

• (1) The Income Support (General) Regulations 1987 are amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012, (fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006, (fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,

• (3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 27—

• (a) after sub-paragraph (d) insert—

(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (db) the National Health Service Commissioning Board; or

, and

• (b) omit sub-paragraph (e) (together with the “or” following it).

The Social Security (Claims and Payments) Regulations 1987

11

In regulation 43(7) of the Social Security (Claims and Payments) Regulations 1987 (children), omit paragraph (a) of the definition of “health authority”.

The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988

12

• (1) The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988 , so far as it applies in relation to England, is revoked.

• (2) In article 2 of that Order (functions conferred on PCTs etc), so far as it applies in relation to Wales—

• (a) omit “, Primary Care Trust”, and

• (b) omit “or Trust's”.

The National Health Service Trusts (Membership and Procedure) Regulations 1990

13

• (1) The National Health Service Trusts (Membership and Procedure) Regulations 1990 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence; (ab) the Health and Social Care Information Centre;

• (3) In regulation 11 (disqualification for appointment of chairman and non-executive directors)—

• (a) in paragraph (5), omit sub-paragraphs (e) and (g), and

• (b) omit paragraph (7).

The National Health Service (Remuneration and Conditions of Service) Regulations 1991

14

In regulation 1(2) of the National Health Service (Remuneration and Conditions of Service) Regulations 1991 (interpretation), in the definition of “authority”, omit “Strategic Health Authority,”.

The Statutory Sick Pay (National Health Service Employees) Regulations 1991

15

• (1) The Statutory Sick Pay (National Health Service Employees) Regulations 1991 are amended as follows.

• (2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

• (3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

• (4) In regulation 5 (treatment of two or more employers as one)—

• (a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

• (b) omit paragraph (b) and the “or” immediately preceding it.

The Statutory Maternity Pay (National Health Service Employees) Regulations 1991

16

• (1) The Statutory Maternity Pay (National Health Service Employees) Regulations 1991 are amended as follows.

• (2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

• (3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

• (4) In regulation 5 (treatment of two or more employers as one)—

• (a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

• (b) omit paragraph (b) and the “or” immediately preceding it.

The Children (Secure Accommodation) Regulations 1991

17

• (1) Regulation 7 of the Children (Secure Accommodation) Regulations 1991 (children to whom section 25 of the Children Act 1989 shall apply and have effect subject to modifications) is amended as follows.

• (2) In paragraph (1)(a)—

• (a) omit “Primary Care Trusts,”, and

• (b) after “education functions” insert “ or who are accommodated pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”.

• (3) In paragraph (2)—

• (a) in sub-paragraph (a)—

• (i) omit “a Primary Care Trust,”, and

• (ii) after “education functions” insert “ or who is being provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”, and

• (b) in sub-paragraph (b)—

• (i) omit “Primary Care Trusts,”, and

• (ii) for “or local authorities” substitute “ , local authorities, the Secretary of State, the National Health Service Commissioning Board or clinical commissioning groups ”.

The Children (Secure Accommodation) (No. 2) Regulations 1991

18

In regulation 2(1) of the Children (Secure Accommodation) (No. 2) Regulations 1991 (applications to court – special cases)—

• (a) omit “a Primary Care Trust,”,

• (b) after “education functions” insert “ or provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ”,

• (c) omit “Primary Care Trust,” in the second place where it occurs, and

• (d) after “for the child” insert “ or by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) who has made arrangements for the provision of accommodation for the child ”.

The Health and Social Services Councils Regulations (Northern Ireland) 1991

19

In regulation 1(2) of the Health and Social Services Councils Regulations (Northern Ireland) 1991 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence; (ab) the Health and Social Care Information Centre;

The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

20

• (1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended as follows.

• (2) In regulation 1(2) (interpretation)—

• (a) after the definition of “claimant” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In paragraph 30 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

• (a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after “voluntary organisation” insert “ or the National Health Service Commissioning Board ”.

The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992

21

In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (prescription for the purposes of jurisdiction)—

• (a) after sub-paragraph (aa) insert—

(ab) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ac) the National Health Service Commissioning Board; (ad) the National Institute for Health and Care Excellence; (ae) the Health and Social Care Information Centre;

• (b) omit sub-paragraph (b), and

• (c) omit sub-paragraph (da).

The Residential Accommodation (Determination of District Health Authority) Regulations 1992

22

• (1) Regulation 2 of the Residential Accommodation (Determination of District Health Authority) Regulations 1992 is amended as follows.

• (2) In paragraph (1), for “or Primary Care Trust”, in each place where it occurs, substitute “ or clinical commissioning group ”.

• (3) In paragraph (2)—

• (a) for “or Primary Care Trust” substitute “ or clinical commissioning group ”, and

• (b) for “or Primary Care Trust's”, in each place where it occurs, substitute “or clinical commissioning group's”.

The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992

23

In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 (prescription for the purposes of jurisdiction)—

• (a) after sub-paragraph (e) insert—

(ea) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (eb) the National Health Service Commissioning Board; (ec) the National Institute for Health and Care Excellence; (ed) the Health and Social Care Information Centre;

, and

• (b) omit sub-paragraph (f).

The Redundancy Payments (National Health Service) (Modification) Order 1993

24

After paragraph 2A of Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 1993 (employment to which Order applies) insert—

(2B) a clinical commissioning group established under section 14D of the National Health Service Act 2006. (2C) the National Health Service Commissioning Board. (2D) the National Institute for Health and Care Excellence. (2E) the Health and Social Care Information Centre.

The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994

25

In regulation 1(2) of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence; (ab) the Health and Social Care Information Centre;

The National Health Service Litigation Authority Regulations 1995

26

• (1) The National Health Service Litigation Authority Regulations 1995 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “health service body”, after “means” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

• (3) In regulation 7(1) (disqualification for appointment)—

• (a) in sub-paragraph (e), omit “a Primary Care Trust,”, and

• (b) after sub-paragraph (e) insert—

(ea) he is the chair, chief executive or a member of the National Institute for Health and Care Excellence or the Health and Social Care Information Centre;

• (4) This paragraph applies in relation to England only.

The Jobseeker's Allowance Regulations 1996

27

• (1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

• (2) In regulation 1(3) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012, (fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006, (fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,

• (3) In paragraph 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

• (a) after sub-paragraph (d) insert—

(da) a clinical commissioning group established under section 14D of National Health Service Act 2006; (db) the National Health Service Commissioning Board; or

, and

• (b) omit sub-paragraph (e) (together with the “or” following it).

The National Health Service (Existing Liabilities Scheme) Regulations 1996

28

• (1) In regulation 3(a) of the National Health Service (Existing Liabilities Scheme) Regulations 1996 (eligible bodies), omit sub-paragraphs (zi), (iia) and (iv).

• (2) The omission of regulation 3(a)(iv) of those Regulations by sub-paragraph (1) applies in relation to England only.

The National Health Service (Appointment of Consultants) Regulations 1996

29

• (1) The National Health Service (Appointment of Consultants) Regulations 1996 are amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “Authority”, omit “a Strategic Health Authority, a Primary Care Trust,”.

• (3) In regulation 5(1)(g) (exempt appointments)—

• (a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ”, and

• (b) for “or Agency” substitute “ , Agency or agency ”.

• (4) In paragraph 2(b) of Schedule 1 (constitution of an advisory appointments committee), omit paragraphs (i) and (ia).

• (5) Sub-paragraph (3) applies in relation to England only.

The Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996

30

In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 (definition of health service employers), after paragraph (viia) insert—

(viib) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (viic) the National Health Service Commissioning Board; (viid) the National Institute for Health and Care Excellence; (viie) the Health and Social Care Information Centre;

The National Health Service (Appointment of Consultants) (Wales) Regulations 1996

31

In regulation 5(1)(g) of the National Health Service (Appointment of Consultants) (Wales) Regulations 1996 (exempt appointments)—

• (a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ”, and

• (b) for “or Agency” substitute “ , Agency or agency ”.

The Social Security Benefit (Computation of Earnings) Regulations 1996

32

• (1) The Social Security Benefit (Computation of Earnings) Regulations 1996 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “claimant” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In paragraph 7 of Schedule 1 (sums to be disregarded in the calculation of earnings), for “or Primary Care Trust, local authority or voluntary organisation” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation ”.

The Housing Renewal Grants Regulations 1996

33

• (1) The Housing Renewal Grants Regulations 1996 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “child tax credit” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In regulation 26 (earnings of self-employed earners), in paragraph (b) of the definition of “earnings”, for “or Primary Care Trust, local authority or voluntary organisation” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation ”.

• (4) In paragraph 24 of Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

• (a) after sub-paragraph (b) insert—

(ba) a clinical commissioning group; (bb) the National Health Service Commissioning Board;

, and

• (b) omit sub-paragraph (e) and the “or” immediately preceding it.

The Education (Publication of Local Education Authority Inspection Reports) Regulations 1998

34

In regulation 4(1)(j) of the Education (Publication of Local Education Authority Inspection Reports) Regulations 1998 , omit “or Primary Care Trust (within the meaning of section 16A of that Act),”.

The Prison Rules 1999

35

In rule 2(1) of the Prison Rules 1999 (interpretation), in the definition of “health care provider”, for “section 28(6)” substitute “ section 275(1) ”.

The Control of Major Accident Hazards Regulations 1999

36

• (1) The Control of Major Accident Hazards Regulations 1999 are amended as follows.

• (2) In regulation 2(1) (interpretation), in paragraph (a) of the definition of “health authority”, for “a Primary Care Trust established under section 16A of the National Health Service Act 1977” substitute “ a clinical commissioning group established under section 14D of the National Health Service Act 2006 ”.

• (3) In regulation 9(3) (on-site emergency plan), after sub-paragraph (b) insert—

(ba) if the establishment is situated in England, the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health;

• (4) After regulation 10(6) (off-site emergency plan) insert—

(6A) If the establishment is situated in England, the local authority shall also consult the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health, on the preparation of the emergency off-site plan.

The National Health Service (Liabilities to Third Parties Scheme) Regulations 1999

37

In regulation 3 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (eligible bodies)—

• (a) after paragraph (ab) insert—

(ac) the National Institute for Health and Care Excellence, (ad) the Health and Social Care Information Centre,

• (b) omit paragraph (b) (together with the “or” following it),

• (c) omit paragraph (d) (together with the “or” following it), and

• (d) omit paragraph (e).

The National Health Service (Property Expenses Scheme) Regulations 1999

38

In regulation 3 of the National Health Service (Property Expenses Scheme) Regulations 1999 (eligible bodies)—

• (a) after paragraph (ab) insert—

(ac) the National Institute for Health and Care Excellence, (ad) the Health and Social Care Information Centre,

• (b) omit paragraph (b) (together with the “or” following it),

• (c) omit paragraph (d) (together with the “or” following it), and

• (d) omit paragraph (e).

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999

39

In the Schedule to the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 , in the table, omit the entries relating to the Alcohol Education and Research Council in columns 1 and 2.

The Education (Special Educational Needs) (Information) (England) Regulations 1999

40

• (1) The Education (Special Educational Needs) (Information) (England) Regulations 1999 are amended as follows.

• (2) In regulation 2 (interpretation) —

• (a) after the definition of “the 1998 Act” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In regulation 4(1)(a)(ii) (manner of publication of information)—

• (a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after “situated” insert “ and to the National Health Service Commissioning Board ”.

The Data Protection (Subject Access Modification) (Social Work) Order 2000

41

In paragraph 1(l) of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000 (personal data to which Order applies)—

• (a) omit paragraph (zi),

• (b) after paragraph (iiza) insert—

(iizb) a clinical commissioning group established under section 14D of the National Health Service Act 2006, (iizc) the National Health Service Commissioning Board, or

, and

• (c) omit paragraph (iia) (together with the “or” following it).

The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000

42

• (1) The NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 are amended as follows.

• (2) In regulation 5 (functions of NHS bodies), for the “and” following paragraph (bb) substitute—

(bc) the function of arranging the provision of Healthy Start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Foods (Amendment) Regulations 2005; and

• (3) In regulation 6 (health-related functions of local authorities), after paragraph (a) insert—

(aa) the function of providing Healthy Start vitamins under regulation 8A of the Healthy Start Scheme and Welfare Foods (Amendment) Regulations 2005;

• (4) This paragraph applies in relation to England only.

The Water Supply (Water Quality) Regulations 2000

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Young Offender Institution Rules 2000

44

In rule 2(1) of the Young Offender Institution Rules 2000 (interpretation), in the definition of “health care provider”, for “section 28(6)” substitute “ section 275(1) ”.

The Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001

45

In Schedule 3 to the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 (health sector bodies), in paragraph 1—

• (a) omit sub-paragraph (za),

• (b) after paragraph (bb) insert—

(bc) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (bd) the National Health Service Commissioning Board;

, and

• (c) omit paragraph (c).

The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001

46

• (1) The Special Educational Needs (Provision of Information by Local Education Authorities) (England) Regulations 2001 are amended as follows.

• (2) In regulation 1(2) (interpretation)—

• (a) after “In these Regulations—” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In regulation 3 (manner of publication of information)—

• (a) in paragraph (1)(a), for “to any Primary Care Trust” substitute “ to the National Health Service Commissioning Board and to any clinical commissioning group ”, and

• (b) in paragraph (4)(a), for “to a Primary Care Trust” substitute “ to the National Health Service Commissioning Board and to a clinical commissioning group ”.

The Radiation (Emergency Preparedness and Public Information) Regulations 2001

47

• (1) The Radiation (Emergency Preparedness and Public Information) Regulations 2001 are amended as follows.

• (2) In regulation 2(1) (interpretation), in paragraph (a) of the definition of “health authority”, for “a Primary Care Trust established under section 16A of the National Health Service Act 1977” substitute “ a clinical commissioning group established under section 14D of the National Health Service Act 2006 ”.

• (3) In regulation 7(6) (operator's emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

(aa) if the premises of the operator are situated in England, the National Health Service Commissioning Board; (ab) if the premises of the operator are situated in England or Wales, Public Health England, an executive agency of the Department of Health; and

• (4) In regulation 8(7) (carrier's emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

(aa) the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health; and

• (5) In regulation 9(12) (off-site emergency plan), for the “and” at the end of sub-paragraph (a) substitute—

(aa) if the premises of the operator are situated in England, the National Health Service Commissioning Board; (ab) if the premises of the operator are situated in England or Wales, Public Health England, an executive agency of the Department of Health; and

• (6) In regulation 13(3)(a) (implementation of emergency plans)—

• (a) in paragraph (i), after “the health authority,” insert “ the National Health Service Commissioning Board (if the premises of the operator are situated in England), Public Health England, an executive agency of the Department of Health, (if the premises of the operator are situated in England or Wales), ”, and

• (b) in paragraph (ii), for “the Agency” substitute “ the Agency, the National Health Service Commissioning Board and Public Health England, an executive agency of the Department of Health, ”.

The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001

48

• (1) The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) after the definition of “Careers Service” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (ii) omit the definition of “Primary Care Trust”, and

• (b) in paragraph (3), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”.

• (3) In regulation 6(2)(b) (notices relating to assessment), for “Primary Care Trust” substitute “ clinical commissioning group and the National Health Service Commissioning Board ”.

• (4) In regulation 7(1)(c) (advice to be sought), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both) ”.

• (5) In regulation 9 (medical advice), for “Primary Care Trust, who” substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both), which ”.

• (6) In regulation 12 (time limits and prescribed information)—

• (a) in paragraph (7)(e), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board (or both) ”,

• (b) in paragraph (8), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,

• (c) in paragraph (9), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group or the National Health Service Commissioning Board ”, and

• (d) in paragraph (10), for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Commissioning Board ”.

• (7) In regulation 18 (reviews of statements)—

• (a) in paragraph (6), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”, and

• (b) after that paragraph insert—

(7) A copy of any notice served on the clinical commissioning group under paragraph (6) shall be served on the National Health Service Commissioning Board not less than two weeks before the first day of every school term.

• (8) In Part 6 of Schedule 2 (statement of special educational needs), for “Primary Care Trust” substitute “ clinical commissioning group, the National Health Service Commissioning Board ”.

• (9) This paragraph applies in relation to England only.

The Children's Homes Regulations 2001

49

• (1) The Children's Homes Regulations 2001 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “children's guide” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In Schedule 5 (events and notifications), in the table—

• (a) in the column relating to a local authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

• (b) in the column relating to Primary Care Trusts, for “Primary Care Trusts” substitute “ Clinical commissioning groups and the National Health Service Commissioning Board ”.

• (4) This paragraph applies in relation to England only.

The Misuse of Drugs Regulations 2001

50

• (1) The Misuse of Drugs Regulations 2001 are amended as follows.

• (2) In regulation 2(1) (interpretation), omit the definition of “Primary Care Trust”.

• (3) In regulation 15 (form of prescriptions)—

• (a) in paragraph (1)(aa), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

• (b) in paragraph (1A), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”, and

• (c) in paragraph (1B), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

• (4) In regulation 16(1D)(a) (provisions as to supply on prescription), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

The Nursing and Midwifery Order 2001

51

• (1) The Nursing and Midwifery Order 2001 is amended as follows.

• (2) In Schedule 1 (the Nursing and Midwifery Council and Committees), in paragraph 1A (membership: general), omit sub-paragraphs (4) and (5).

• (3) In Schedule 4 (interpretation), in paragraph (a) of the definition of “local supervising authority”, for “Strategic Health Authorities established under section 8 of the National Health Service Act 1977” substitute “ the National Health Service Commissioning Board ”.

The Health and Social Work Professions Order 2001

52

In Schedule 1 to the Health and Social Work Professions Order 2001 (the Health Professions Council and Committees), in paragraph 1A (membership: general), omit sub-paragraph (4).

The Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001

53

In regulation 1(2) of the Northern Ireland Social Care Council (Appointments and Procedure) Regulations (Northern Ireland) 2001 (interpretation), in the definition of “health service body”—

• (a) in paragraph (a), after “a health authority,” insert “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

• (b) after paragraph (d) insert—

(da) the National Institute for Health and Care Excellence; (db) the Health and Social Care Information Centre;

The State Pension Credit Regulations 2002

54

• (1) The State Pension Credit Regulations 2002 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012, (fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006, (fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,

• (3) In regulation 17B (earnings of self-employed earners), in paragraph (4)(b), in the added paragraph (2)(d)—

• (a) after paragraph (iv) insert—

(iva) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ivb) the National Health Service Commissioning Board; or

• (b) omit paragraph (v) (together with the “or” following it).

The Tax Credits (Definition and Calculation of Income) Regulations 2002

55

In regulation 19(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 (general disregards in the calculation of income), in column 1 of item 3 of Table 8—

• (a) after paragraph (d) insert—

(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (db) the National Health Service Commissioning Board.

, and

• (b) omit paragraph (e).

The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002

56

• (1) The Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 are amended as follows.

• (2) In regulation 1(2) (interpretation etc), omit the definition of “Primary Care Trust”.

• (3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

• (4) In regulation 5 (treatment of two or more employers as one)—

• (a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

• (b) omit paragraph (b) and the “or” immediately preceding it.

The Residential Family Centres Regulations 2002

57

In Schedule 5 to the Residential Family Centres Regulations 2002 (events and notifications), in the table—

• (a) in the column relating to a local authority, in the row relating to the outbreak of any infectious disease, insert “ yes ”, and

• (b) in the column relating to a Primary Care Trust—

• (i) for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”, and

• (ii) in the row relating to the outbreak of any infectious disease, omit “yes”.

The Misuse of Drugs Regulations (Northern Ireland) 2002

58

• (1) The Misuse of Drugs Regulations (Northern Ireland) 2002 are amended as follows.

• (2) In regulation 2(2) (interpretation), omit the definition of “Primary Care Trust”.

• (3) In regulation 15 (form of prescriptions)—

• (a) in paragraph (1)(aa), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”,

• (b) in paragraph (1A), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”, and

• (c) in paragraph (1B), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

• (4) In regulation 16(1D)(a) (provisions as to supply on prescription), for “a Primary Care Trust or” substitute “ the National Health Service Commissioning Board or an ”.

The Health, Social Care and Well-being Strategies (Wales) Regulations 2003

59

• (1) In the English text of the Health, Social Care and Well-being Strategies (Wales) Regulations 2003 , in regulation 2 (interpretation)—

• (a) in the definition of “health and well-being services” (“gwasanaethau iechyd a llesiant”), after “provided by an NHS body;” insert “ any services provided under or in connection with the public health functions of a local authority (within the meaning of the National Health Service Act 2006: see sections 1H(5)(b) and 2B(5)); ”,

• (b) in the definition of “local authority” (“awdurdod lleol”), after “lleol”)” insert “, except in the case of the first reference to a local authority in the definition of “health and well-being services” (“gwasanaethau iechyd a llesiant”),”, and

• (c) in the definition of “NHS body” (“corff GIG”), omit “, Strategic Health Authority, Primary Care Trust”.

• (2) In the Welsh text of the Health, Social Care and Well-being Strategies (Wales) Regulations 2003, in regulation 2 (dehongli) —

• (a) in the definition of “gwasanaethau iechyd a llesiant” (“health and well-being services”), after “sy'n cael eu darparu gan gorff GIG;” insert “unrhyw wasanaethau sy'n cael eu darparu o dan neu mewn cysylltiad � swyddogaethau iechyd y cyhoedd awdurdod lleol (o fewn ystyr Deddf y Gwasanaeth Iechyd Gwladol 2006: gweler adrannau 1H(5)(b) a 2B(5));”,

• (b) in the definition of “awdurdod lleol” (“local authority”), after “lleol”” insert “, ac eithrio yn achos y cyfeiriad cyntaf at awdurdod lleol yn y diffiniad o “gwasanaethau iechyd a llesiant” (“health and well-being services”),”, and

• (c) in the definition of “corff GIG” (“NHS body”), omit “, Awdurdod Iechyd Strategol, Ymddiriedolaeth Iechyd Sylfaenol”.

The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003

60

• (1) The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 are amended as follows.

• (2) In regulation 19(3) (notifiable events)—

• (a) after the definition of “area authority” insert—

“clinical commissioning group” means the clinical commissioning group in whose area the child is placed for adoption by the agency;

, and

• (b) omit the definition of “Primary Care Trust” (but not the “and” following it).

• (3) In regulation 24K (notifiable events), in the added paragraph (1B)—

• (a) in sub-paragraph (b), for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after that sub-paragraph insert—

(ba) the National Health Service Commissioning Board;

• (4) In Schedule 4 (events and notifications), in column 2 of the table, for “Primary Care Trust” substitute “ Clinical commissioning group and the National Health Service Commissioning Board ”.

The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003

61

• (1) The School Organisation Proposals by the Learning and Skills Council for England Regulations 2003 are amended as follows.

• (2) In regulation 4(7)(b) (publication of preliminary notice), for “any Strategic Health Authority who act” substitute “ the National Health Service Commissioning Board and any clinical commissioning group which acts ”.

• (3) In regulation 16(2)(d) (other bodies to whom information should be sent: special schools), for “any Strategic Health Authority who act” substitute “ the National Health Service Commissioning Board and any clinical commissioning group which acts ”.

The Delayed Discharges (England) Regulations 2003

62

• (1) The Delayed Discharges (England) Regulations 2003 are amended as follows.

• (2) In regulation 2 (interpretation), in the definition of “health service body”, omit paragraph (a).

• (3) Omit regulation 12 (lists of persons).

• (4) Omit regulation 13 (inclusion on and removal of a person's name from a list).

• (5) Omit regulation 14 (application for assistance with resolution of a dispute).

• (6) Omit regulation 15 (appointment of a panel to assist with resolution of a dispute).

• (7) Omit regulation 16 (procedure of the panel).

• (8) Omit regulation 17 (legal proceedings).

The Registration of Establishments (Laying Hens) (England) Regulations 2003

63

In regulation 4(1) of the Registration of Establishments (Laying Hens) (England) Regulations 2003 (exchange of information), omit “and the Health Protection Agency”.

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

64

• (1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “chemist”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

• (b) after the definition of “childhood vaccinations and immunisations” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

• (c) in the definition of “medical card”—

• (i) omit “Primary Care Trust,”, and

• (ii) after “Social Services Board” insert “ or the National Health Service Commissioning Board ”,

• (d) after the definition of “the NHS dispute resolution procedure” insert—

“NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;

• (e) omit the definition of “NPSA”, and

• (f) omit the definition of “Primary Care Trust”.

• (3) In regulation 4 (conditions: general)—

• (a) in paragraph (2)(b)(ii), omit “Primary Care Trust,”, and

• (b) in paragraph (3)(b)(ii), omit “a Primary Care Trust,”.

• (4) In regulation 5 (general condition relating to all contracts), after paragraph (5) insert—

(6) References in paragraph (2)(c) to a health service body include a Strategic Health Authority and a Primary Care Trust.

• (5) Schedule 6 (other contractual terms) is amended as follows.

• (6) In paragraph 22(1)(b) (removal from lists if patients registered elsewhere), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”.

• (7) In paragraph 67(1)(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”.

• (8) In paragraph 95(2) (co-operation with investigations), in the definition of “NHS body”, for “a Strategic Health Authority, a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”.

• (9) In paragraph 111 (other grounds for termination by the Local Health Board), after sub-paragraph (5) insert—

(6) References in sub-paragraph (2)(d) to a health service body include a Strategic Health Authority and a Primary Care Trust.

The National Health Service (Performers Lists) (Wales) Regulations 2004

65

• (1) The National Health Service (Performers Lists) (Wales) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “equivalent body”—

• (i) for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”, and

• (ii) after “Health Authority in Wales,” insert “ in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England, ”,

• (b) after the definition of “the NCAA” insert—

• “NICE” means the National Institute for Health and Clinical Excellence established as a Special Health Authority by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999;
• “the NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;

• (c) in the definition of “primary care organisation”, for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”, and

• (d) in the definition of “suspended”, for “by a Primary Care Trust” substitute “ by the National Health Service Commissioning Board or, after 30th September 2002 and prior to 1st April 2013, by a Primary Care Trust ”.

• (3) In regulation 4(3)(d) (application for inclusion in performers list), for “NPSA” substitute “ NHSLA ”.

• (4) In regulation 11(6)(e) (criteria for decision on removal), for “or thereafter by the NPSA” substitute “ , by the NPSA after 31st March 2005 and on or before 31st March 2012, by NICE after 31st March 2012 and on or before 31st March 2013, or by the NHSLA thereafter ”.

• (5) In regulation 16(2)(g) (notification), for “NPSA” substitute “ NHSLA ”.

• (6) In regulation 20(1)(f) (disclosure of information), for “NPSA” substitute “ NHSLA ”.

The Medicines for Human Use (Clinical Trials) Regulations 2004

66

• (1) The Medicines for Human Use (Clinical Trials) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “health service body”—

• (a) in paragraph (a), omit “Strategic Health Authority,”, and

• (b) in paragraph (b), omit “Primary Care Trust,”.

• (3) In Schedule 2 (additional provisions relating to ethics committees), in paragraph 3 (membership), after sub-paragraph (5) insert—

(6) References in sub-paragraph (5) to a health service body include— (a) a Strategic Health Authority, (b) a Primary Care Trust, (c) the National Institute for Health and Care Excellence, and (d) the Health and Social Care Information Centre.

The Registration of Establishments (Laying Hens) (Wales) Regulations 2004

67

• (1) In the English text of the Registration of Establishments (Laying Hens) (Wales) Regulations 2004 , in regulation 5(1) (exchange of information), for “and the Health Protection Agency are” substitute “ is ”.

• (2) In the Welsh text of the Registration of Establishments (Laying Hens) (Wales) Regulations 2004, in regulation 5(1) (cyfnewid gwybodaeth), omit “a'r Asiantaeth Diogelu Iechyd”.

The Justification of Practices Involving Ionising Radiation Regulations 2004

68

• (1) The Justification of Practices Involving Ionising Radiation Regulations 2004 are amended as follows.

• (2) In regulation 18(1)(a) (consultation), for paragraph (iii) (together with the “and” following it) substitute—

(iii) Public Health England, an executive agency of the Department of Health; and

• (3) In regulation 22(3) (contravention notices), for sub-paragraph (d) substitute—

(d) Public Health England, an executive agency of the Department of Health;

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

69

In regulation 2 of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 (interpretation), in the definition of “equivalent body”, after “in England,” insert “ the National Health Service Commissioning Board or, in relation to any time prior to 1st April 2013, ”.

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

70

• (1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “childhood vaccinations and immunisations” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

• (b) in the definition of “medical card”—

• (i) omit “Primary Care Trust,”, and

• (ii) after “Health and Social Services Board” insert “ or by the National Health Service Commissioning Board ”, and

• (c) omit the definition of “Primary Care Trust”.

• (3) In Schedule 5 (other contractual terms)—

• (a) in paragraph 22(1)(b) (removals from the list of patients registered elsewhere)—

• (i) omit “Primary Care Trust,”, and

• (ii) after “Health and Social Services Board” insert “ or the National Health Service Commissioning Board, ”, and

• (b) in paragraph 87(2) (co-operation with investigations), in the definition of “NHS body”—

• (i) for “a Primary Care Trust,” substitute “ a clinical commissioning group, ”, and

• (ii) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

71

• (1) The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “childhood vaccinations and immunisations” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

• (b) in the definition of “medical card”—

• (i) omit “Primary Care Trust,”, and

• (ii) after “Health and Social Services Board” insert “ or by the National Health Service Commissioning Board ”, and

• (c) omit the definition of “Primary Care Trust”.

• (3) In paragraph 52(2) of Schedule 1 (co-operation with investigations), in the definition of “NHS body”—

• (a) for “Primary Care Trust,” substitute “ clinical commissioning group, ”, and

• (b) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

• (4) In paragraph 15(1)(b) of Schedule 2 (removals from the list of patients registered elsewhere)—

• (a) omit “Primary Care Trust,”, and

• (b) after “Health and Social Services Board” insert “ or the National Health Service Commissioning Board ”.

The Community Health Partnerships (Scotland) Regulations 2004

72

In regulation 7(2)(g) of the Community Health Partnerships (Scotland) Regulations 2004 (disqualification), after paragraph (i) insert—

(ia) Parts 4 to 6 of the 2006 Act by the National Health Service Commissioning Board in accordance with regulations made under section 91, 106 or 123 of that Act;

The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004

73

• (1) The Regulation and Improvement Authority (Appointments and Procedure) Regulations (Northern Ireland) 2004 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ab) the National Health Service Commissioning Board; (ac) the National Institute for Health and Care Excellence; (ad) the Health and Social Care Information Centre;

• (3) In regulation 4(1) (disqualification for appointment)—

• (a) in sub-paragraph (d)—

• (i) after “health service body” insert “ (other than a clinical commissioning group) ”, and

• (ii) after “health and social services body” insert “ , or as the chair or a member of the governing body of a clinical commissioning group, ”,

• (b) in sub-paragraph (f), after “health service body” insert “ (other than a clinical commissioning group) ”, and

• (c) after sub-paragraph (f) insert—

(fa) a person who is the chair or a member of the governing body of a clinical commissioning group, or an employee of such a group;

The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004

74

• (1) The Northern Ireland Medical and Dental Training Agency (Establishment and Constitution) Order (Northern Ireland) 2004 is amended as follows.

• (2) In article 1(2) (interpretation), in the definition of “a health service body”, after paragraph (a) insert—

(aa) a clinical commissioning group established under section 14D of the National Health Service Act 2006; (ab) the National Health Service Commissioning Board; (ac) the National Institute for Health and Care Excellence; (ad) the Health and Social Care Information Centre;

• (3) In article 5(1)(d) (disqualification for appointment)—

• (a) after “health service body” insert “ (other than a clinical commissioning group) ”, and

• (b) after “health and social services body” insert “ , or as the chair or a member of the governing body of a clinical commissioning group, ”.

The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004

75

• (1) The Health and Personal Social Services (General Medical Services Contracts) Regulations (Northern Ireland) 2004 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “childhood vaccinations and immunisations” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

• (b) in the definition of “medical card”, for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, a ”.

• (c) omit the definition of “Primary Care Trust”, and

• (d) omit the definition of “Strategic Health Authority”.

• (3) In regulation 4 (conditions relating solely to medical practitioners)—

• (a) in paragraph (2)(b)(ii), omit “a Primary Care Trust,”, and

• (b) in paragraph (3)(b)(ii), omit “a Primary Care Trust,”.

• (4) In Schedule 5 (other contractual terms)—

• (a) in paragraph 22(1)(b) (removals from the list of patients registered elsewhere), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, ”, and

• (b) in paragraph 89(2) (co-operation with investigations), in the definition of “NHS body”—

• (i) for “a Primary Care Trust,” substitute “ a clinical commissioning group, ”, and

• (ii) for “a Strategic Health Authority,” substitute “ the National Health Service Commissioning Board, ”.

The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004

76

• (1) The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in the definition of “equivalent body”, for “a Primary Care Trust established under section 16A of the National Health Services Act 1977,” substitute “ the National Health Service Commissioning Board, ”, and

• (b) for the definition of “NPSA” substitute—

“NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;

• (3) In regulation 14 (disclosure of information)—

• (a) in paragraph (2)(g), for “NPSA” substitute “ NHSLA ”, and

• (b) in paragraph (8)(j), for “NPSA” substitute “ NHSLA ”.

• (4) In Schedule 1 (information etc to be included in an application for inclusion in a primary medical services performers list), in paragraph 3(a)(ii), for “NPSA” substitute “ NHSLA ”.

The Blood Safety and Quality Regulations 2005

77

In regulation 1(3) of the Blood Safety and Quality Regulations 2005 (interpretation), in paragraph (a) of the definition of “health service body”, omit “Strategic Health Authority,” and “, Primary Care Trust”.

The Health Service Commissioner for England (Special Health Authorities) Order 2005

78

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation), omit the entries relating to the National Institute for Clinical Excellence and the National Patient Safety Agency.

The Adoption Agencies Regulations 2005

79

In regulation 35(6)(b) of the Adoption Agencies Regulations 2005 (requirements imposed on the adoption agency before the child may be placed for adoption)—

• (a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

The Adoptions with a Foreign Element Regulations 2005

80

• (1) The Adoptions with a Foreign Element Regulations 2005 are amended as follows.

• (2) In regulation 5(1)(c) (functions imposed on local authority)—

• (a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

• (3) In regulation 22(b) (applicable requirements in respect of an adoption agency before the child enters the UK)—

• (a) for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after “has his home,” insert “ and to the National Health Service Commissioning Board if the prospective adopter's home is in England, ”.

The Adoption Support Services Regulations 2005

81

• (1) The Adoption Support Services Regulations 2005 are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “child” insert—

“clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;

, and

• (b) omit the definition of “Primary Care Trust”.

• (3) In regulation 5(1)(c) (arrangements for securing provision of services), for “or Primary Care Trust” substitute “ , a clinical commissioning group and the National Health Service Commissioning Board ”.

• (4) In regulation 14(4) (procedure for assessment)—

• (a) for “a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

• (b) for “that Primary Care Trust, Local Health Board or local authority” substitute “ that group, board, or authority ”.

• (5) In regulation 16(3) (plan)—

• (a) for “a Primary Care Trust,” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, ”, and

• (b) for “that Primary Care Trust, Local Health Board or local authority” substitute “ that group, board or authority ”.

The Special Guardianship Regulations 2005

82

• (1) The Special Guardianship Regulations 2005 are amended as follows.

• (2) In regulation 4(1)(d) (arrangements for securing provision of services), for “or Primary Care Trust” substitute “ , a clinical commissioning group and the National Health Service Commissioning Board ”.

• (3) In regulation 12(3) (procedure for assessment)—

• (a) for “a Local Health Board, Primary Care Trust” substitute “ a Local Health Board, a clinical commissioning group, the National Health Service Commissioning Board ”, and

• (b) for “that Local Health Board, Primary Care Trust or local authority” substitute “ that board, group or authority ”.

• (4) In regulation 14(3) (plan)—

• (a) for “a Local Health Board, Primary Care Trust” substitute “ a Local Health Board, a clinical commissioning group, the National Health Service Commissioning Board ”, and

• (b) for “that Local Health Board, Primary Care Trust or local authority” substitute “ that board, group or authority ”.

The Adoption Agencies (Wales) Regulations 2005

83

• (1) In the English text of the Adoption Agencies (Wales) Regulations 2005 , in regulation 36(4) (requirements imposed on adoption agency)—

• (a) in sub-paragraph (b), for “Primary Care Trust” substitute “ clinical commissioning group ”, and

• (b) after that sub-paragraph insert—

(ba) if the prospective adopter resides in England, notify the National Health Service Commissioning Board in writing of the proposed placement.

• (2) In the Welsh text of the Adoption Agencies (Wales) Regulations 2005, in regulation 36(4) (gofynion a osodir ar yr asiantaeth fabwysiadu)—

• (a) in sub-paragraph (b), for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”, and

• (b) after that sub-paragraph insert—

(ba) os yw'r darpar fabwysiadydd yn preswylio yn Lloegr, hysbysu Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol yn ysgrifenedig o'r lleoliad arfaethedig.

The Adoption Support Services (Local Authorities) (Wales) Regulations 2005

84

• (1) The English text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 is amended as follows.

• (2) In regulation 5(1) (provision of services)—

• (a) after sub-paragraph (d) insert—

(da) a clinical commissioning group, and (db) the National Health Service Commissioning Board.

, and

• (b) omit sub-paragraph (e) (together with the “and” following it).

• (3) In regulation 8(4) (procedure for assessment)—

• (a) in sub-paragraph (a), for “or Primary Care Trust” substitute “ or clinical commissioning group or the National Health Service Commissioning Board ”, and

• (b) in the full-out words at the end, for “local health board, NHS trust, Primary Care Trust or local authority” substitute “ board, trust, group or authority ”.

• (4) In regulation 10(3)(b) (plan)—

• (a) in paragraph (i), for “or Primary Care Trust” substitute “ or clinical commissioning group or the National Health Service Commissioning Board ”, and

• (b) in the full-out words at the end, for “local health board, NHS Trust or Primary Care Trust or local authority” substitute “ board, trust, group or authority ”.

• (5) In regulation 13(2) (decision to provide support)—

• (a) for “a local health board, NHS Trust, Primary Care Trust” substitute “ a local health board, an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and

• (b) for “Primary Care Trust” substitute “ clinical commissioning group, National Health Service Commissioning Board ”.

• (6) The Welsh text of the Adoption Support Services (Local Authorities) (Wales) Regulations 2005 is amended as follows.

• (7) In regulation 5(1) (darparu gwasanaethau)—

• (a) after sub-paragraph (ch) insert—

(cha) grŵp comisiynu clinigol, ac (chb) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol.

, and

• (b) omit sub-paragraph (d) (together with the “ac” following it).

• (8) In regulation 8(4) (y weithdrefn asesu)—

• (a) in sub-paragraph (a), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “neu grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (b) in the full-out words at the end, for “bwrdd iechyd lleol hwnnw, yr Ymddiriedolaeth GIG honno, yr Ymddiriedolaeth Gofal Sylfaenol honno neu'r awdurdod lleol hwnnw” substitute “bwrdd hwnnw, yr ymddiriedolaeth honno, y grŵp hwnnw neu'r awdurdod hwnnw”.

• (9) In regulation 10(3)(b) (cynllun)—

• (a) in paragraph (i), for “neu Ymddiriedolaeth Gofal Sylfaenol” substitute “neu grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (b) in the full-out words at the end, for “bwrdd iechyd lleol hwnnw, yr Ymddiriedolaeth GIG honno neu'r Ymddiriedolaeth Gofal Sylfaenol honno, neu'r awdurdod lleol hwnnw” substitute “bwrdd hwnnw, yr ymddiriedolaeth honno, y grŵp hwnnw neu'r awdurdod hwnnw”.

• (10) In regulation 13(2) (penderfyniad i ddarparu cymorth)—

• (a) for “fwrdd iechyd lleol, Ymddiriedolaeth GIG, Ymddiriedolaeth Gofal Sylfaenol” substitute “fwrdd iechyd lleol, Ymddiriedolaeth GIG, grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (b) for “yr Ymddiriedolaeth Gofal Sylfaenol” substitute “grŵp comisiynu clinigol, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

The Special Guardianship (Wales) Regulations 2005

85

• (1) The English text of the Special Guardianship (Wales) Regulations 2005 is amended as follows.

• (2) In regulation 3(3)(b) (provision of special guardianship support services), for “and Primary Care Trusts” substitute “ , clinical commissioning groups and the National Health Service Commissioning Board ”.

• (3) In regulation 6(1)(c) (assessment procedure)—

• (a) for “NHS Trust, Primary Care Trust” substitute “ an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and

• (b) for “that Board, Trust” substitute “ that Board, Trust, group ”.

• (4) In regulation 11(3) (special guardianship support services plan)—

• (a) for “NHS Trust, Primary Care Trust” substitute “ an NHS Trust, a clinical commissioning group, the National Health Service Commissioning Board ”, and