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

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

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

• (6) In regulation 3(3)(b) (darparu gwasanaethau cymorth gwarcheidiaeth arbennig), for “ac Ymddiriedolaethau Gofal Sylfaenol” substitute “, grwpiau comisiynu clinigol a Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

• (7) In regulation 6(1)(c) (y weithdrefn asesu)—

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

• (b) for “Bwrdd hwnnw, yr Ymddiriedolaeth honno” substitute “ Bwrdd hwnnw, yr Ymddiriedolaeth honno, y grŵp hwnnw ”.

• (8) In regulation 11(3) (cynllun gwasanaethau cymorth gwarcheidiaeth arbennig)—

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

• (b) for “Bwrdd hwnnw, yr Ymddiriedolaeth honno” substitute “ Bwrdd hwnnw, yr Ymddiriedolaeth honno, y grŵp hwnnw ”.

The Adoption Support Agencies (Wales) Regulations 2005

86

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

• (2) In regulation 27 (notifiable events)—

• (a) after paragraph (1) insert—

(1A) If a duty arises under paragraph (1) to give notification in respect of an event to a clinical commissioning group, that duty shall also require notification in respect of that event to be given to the National Health Service Commissioning Board.

, and

• (b) in paragraph (3)—

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

• (ii) for “Primary Care Trust” substitute “ clinical commissioning group ”.

• (3) In Schedule 4 (events and notifications), in the table, for “Primary Care Trusts” substitute “ clinical commissioning groups ”.

• (4) The Welsh text of the Adoption Support Agencies (Wales) Regulations 2005 is amended as follows.

• (5) In regulation 27 (digwyddiadau hysbysadwy)—

• (a) after paragraph (1) insert—

(1A) Os bydd dyletswydd yn codi o dan baragraff (1) i hysbysu grŵp comisiynu clinigol mewn cysylltiad � digwyddiad, bydd y ddyletswydd honno hefyd yn ei gwneud yn ofynnol i Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwlad gael ei hysbysu mewn cysylltiad �'r digwyddiad hwnnw.

, and

• (b) in paragraph (3)—

• (i) for “ac “Ymddiriedolaeth Gofal Sylfaenol”” substitute “ a “grŵp comisiynu clinigol” ”, and

• (ii) for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”.

• (6) In Schedule 4 (digwyddiadau a hysbysiadau), in the table, for “Yr Ymddiriedolaethau Gofal Sylfaenol” substitute “ Y grwpiau comisiynu clinigol ”.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005

87

• (1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 is amended as follows.

• (2) In article 1(2) (interpretation), in the definition of “relevant primary dental services”, for paragraph (a) substitute—

(a) section 56(2) of the National Health Service (Wales) Act 2006;

• (3) In article 3 (functions of the Authority)—

• (a) after paragraph (f) insert—

(fa) the examining, checking and pricing of any drug, medicine or appliance (other than a Scheduled drug, within the meaning of the National Health Service (General Medical Services Contracts) Regulations 2004) provided for the purposes of immediate treatment or personal administration as part of the provision of primary medical services under Part 4 of the National Health Service Act 2006;

, and

• (b) in paragraph (p), for “Primary Care Trusts” substitute “ the National Health Service Commissioning Board ”.

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005

88

• (1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2005 are amended as follows.

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

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

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

• (a) omit paragraph (i),

• (b) after paragraph (iii) insert—

(iiia) the National Institute for Health and Care Excellence, (iiib) the Health and Social Care Information Centre, or

, and

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

The NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005

89

In regulation 1(2) of the NHS Blood and Transplant (Gwaed a Thrawsblaniadau'r GIG) Regulations 2005 (interpretation), in the definition of “health service body”, after paragraph (d) insert—

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

The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005

90

• (1) The Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 are amended as follows.

• (2) In regulation 24 (notifiable events)—

• (a) after paragraph (1) insert—

(1A) If a duty arises under paragraph (1) to give notification in respect of an event to a clinical commissioning group, that duty shall also require notification in respect of that event to be given to the National Health Service Commissioning Board.

, and

• (b) in paragraph (3), in the definition of “Primary Care Trust”, for “ “Primary Care Trust” means the Primary Care Trust” substitute “ “clinical commissioning group” means the clinical commissioning group ”.

• (3) In Schedule 4 (events and notifications), in the table, for “Primary Care Trust” substitute “ Clinical commissioning group ”.

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2005

91

• (1) The Healthy Start Scheme and Welfare Food (Amendment) 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;

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

“local authority” has the same meaning as in section 2B of the National Health Service Act 2006;

• (c) omit the definition of “NHS foundation trust”, and

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

• (3) In regulation 8A (provision of Healthy Start vitamins)—

• (a) in paragraph (1), for sub-paragraph (a) (together with the “and” following it) substitute—

(a) in relation to England, a clinical commissioning group, a local authority or the National Health Service Commissioning Board, if it provides, or arranges for the provision of, maternity services or a child health clinic; (aa) in relation to Wales, a NHS trust or Local Health Board that provides a maternity or child health clinic; and

• (b) in paragraph (2), after “providing” insert “ , or (in the case of a clinical commissioning group or the National Health Service Commissioning Board) arranging for the provision of, ”,

• (c) in paragraph (3), after “health service body” insert “ (other than a clinical commissioning group or the National Health Service Commissioning Board) ”,

• (d) after that paragraph insert—

(3A) The arrangements made by a clinical commissioning group or the National Health Service Commissioning Board under paragraph (2) may be made with a pharmacist or other person or body.

• (e) in paragraph (4), after “paragraph (2)” insert “ or (3) ”,

• (f) in paragraph (7), after “health service body”, in the first place where it occurs, insert “ (other than a clinical commissioning group or the National Health Service Commissioning Board) ”, and

• (g) after that paragraph insert—

(8) In the case of a clinical commissioning group— (a) the Secretary of State may pay the clinical commissioning group an amount equal to the cost of the Healthy Start vitamins that the group has secured the provision of to a beneficiary, or (b) that cost may be met from the sums paid to the group under section 223G of the National Health Service Act 2006. (9) In the case of the National Health Service Commissioning Board— (a) the Secretary of State may pay the Board an amount equal to the cost of the Healthy Start vitamins that the Board has secured the provision of to a beneficiary, or (b) that cost may be met from the sums paid to the Board under section 223B of the National Health Service Act 2006.

The Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005

92

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) (No. 2) Order 2005 (Special Health Authorities designated as subject to investigation), omit the entries relating to the NHS Institute for Innovation and Improvement and the Health and Social Care Information Centre.

The Housing Benefit Regulations 2006

93

• (1) The Housing Benefit Regulations 2006 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 5 (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 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

94

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 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 regulation 38(2)(d) (earnings of self-employed earners)—

• (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

, and

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

The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

95

• (1) The National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 are amended as follows.

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

• (a) after the definition of “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;

, and

• (b) omit the definition of “NPSA”.

• (3) In regulation 4 (general conditions relating to all agreements), after paragraph (6) insert—

(7) In this regulation “health service body” includes a Strategic Health Authority and a Primary Care Trust.

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

• (a) in paragraph 15 (NICE guidance), for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Care Excellence ”,

• (b) in paragraph 31(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”,

• (c) in paragraph 51(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 ”, and

• (d) in paragraph 69 (termination by the Relevant Body on grounds of suitability etc), after sub-paragraph (5) insert—

(6) In this paragraph “health service body” includes a Strategic Health Authority and a Primary Care Trust.

The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

96

• (1) The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 are amended as follows.

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

• (a) after the definition of “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;

, and

• (b) omit the definition of “NPSA”.

• (3) In regulation 4 (general prescribed conditions relating to all contracts), after paragraph (6) insert—

(7) In this regulation “health service body” includes a Strategic Health Authority and a Primary Care Trust.

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

• (a) in paragraph 14 (NICE guidance), for “National Institute for Clinical Excellence” substitute “ National Institute for Health and Care Excellence ”,

• (b) in paragraph 30(b) (appraisal and assessment), for “NPSA” substitute “ NHSLA ”,

• (c) in paragraph 51(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 ”, and

• (d) in paragraph 71 (termination by the Local Health Board on grounds of suitability etc), after sub-paragraph (5) insert—

(6) In this paragraph “health service body” includes a Strategic Health Authority and a Primary Care Trust.

The National Health Service (Dental Charges) (Wales) Regulations 2006

97

• (1) The National Health Service (Dental Charges) (Wales) Regulations 2006 are amended as follows.

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

• (a) in the definition of “relevant Local Health Board”, in paragraph (ii), omit “Primary Care Trust or”, and

• (b) in the definition of “relevant primary dental services”, in paragraph (i), omit “Primary Care Trust or”.

• (3) In regulation 12(2) (reduction of remuneration and accounting for charges in relation to providers of relevant primary dental services), omit “Primary Care Trust or”.

The Highways Act 1980 (Gating Orders) (England) Regulations 2006

98

In regulation 2 of the Highways Act 1980 (Gating Orders) (England) Regulations 2006 (interpretation), in the definition of “NHS trust or NHS foundation trust”, omit “, Primary Care Trust”.

The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006

99

In regulation 3 of the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 (meaning of NHS body)—

• (a) in paragraph (1)—

• (i) omit sub-paragraph (a),

• (ii) after sub-paragraph (b) insert—

(ba) a clinical commissioning group; (bb) the National Health Service Commissioning Board; (bc) a local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act);

, and

• (iii) omit sub-paragraph (c).

• (b) in paragraph (2)—

• (i) after the definition of “Care Trust” insert—

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

, and

• (ii) omit the definitions of “Primary Care Trust” and “Strategic Health Authority”.

The Crime and Disorder Act 1998 (Intervention Orders) Order 2006

100

In article 2(1) of the Crime and Disorder Act 1998 (Intervention Orders) Order 2006 (persons to be consulted by relevant authority)—

• (a) after sub-paragraph (a) insert—

(aa) a clinical commissioning group; (ab) the National Health Service Commissioning Board;

, and

• (b) omit sub-paragraph (b).

The Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006

101

In regulation 1(4) of the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006 (interpretation), in the definition of “NHS body”—

• (a) omit paragraph (a),

• (b) after paragraph (b) insert—

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

, and

• (c) omit paragraph (c).

The National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

102

In regulation 2(1) of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 (interpretation), in the definition of “equivalent body”—

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

• (b) after paragraph (c) insert—

(ca) in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England;

The National Health Service Central Register (Scotland) Regulations 2006

103

• (1) The National Health Service Central Register (Scotland) Regulations 2006 are amended as follows.

• (2) In Schedule 1 (additional information which may be contained in an entry in, and obtained from persons or places to create and maintain, the register), in the table, in entry 8, in column (1), for “Health and Social Care Information Centre” substitute “ Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012 ”.

• (3) In Schedule 2 (information which may be provided from the register and persons to whom it may be provided), in the table, in entry 3, in column (2), for “Health and Social Care Information Centre” substitute “ Health and Social Care Information Centre established under section 252 of the Health and Social Care Act 2012 ”.

The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007

104

• (1) The English text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 is amended as follows.

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

• (3) In regulation 11(3)(b) (entitlement cards), for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”.

• (4) The Welsh text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 is amended as follows.

• (5) In regulation 2(1) (dehongli), omit the definition of “Ymddiriedolaeth Gofal Sylfaenol” (“Primary Care Trust”).

• (6) In regulation 11(3)(b) (cardiau hawl), for “gydag Ymddiriedolaeth Gofal Sylfaenol” substitute “gyda Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

The Placement of Children (Wales) Regulations 2007

105

• (1) The English text of the Placement of Children (Wales) Regulations 2007 is amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “health care provider” (“darparydd gofal iechyd”), for “primary care trust” substitute “ clinical commissioning group ”.

• (3) In regulation 6(1) (notification of arrangements), after sub-paragraph (b) insert—

(ba) the National Health Service Commissioning Board if the child is ordinarily resident, or is to be placed, in England;

• (4) The Welsh text of the Placement of Children (Wales) Regulations 2007 is amended as follows.

• (5) In regulation 2(1) (dehongli), in the definition of “darparydd gofal iechyd” (“health care provider”), for “ymddiriedolaeth gofal sylfaenol” substitute “ grŵp comisiynu clinigol ”.

• (6) In regulation 6(1) (hysbysiad o drefniadau), after sub-paragraph (b) insert—

(ba) Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol os yw'r plentyn yn preswylio fel arfer yn Lloegr, neu os yw'r plentyn i gael ei leoli yno;

The NHS Direct National Health Service Trust (Establishment) Order 2007

106

In article 1(2) of the NHS Direct National Health Service Trust (Establishment) Order 2007 (interpretation), in the definition of “NHS Bodies”—

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

• (b) for “Primary Care Trusts,” substitute “ clinical commissioning groups, ”, and

• (c) after “2006 Act” insert “ , and local authorities (within the meaning of section 2B of the 2006 Act) acting in the exercise of public health functions (within the meaning of that Act) ”.

The School Governance (Constitution) (England) Regulations 2007

107

In the School Governance (Constitution) (England) Regulations 2007 (so far as those Regulations continue to apply by virtue of regulation 4(2) of the School Governance (Constitution) (England) Regulations 2012 ), in Schedule 3 (appointment of community governors at community special schools and foundation special schools), in paragraph 2—

• (a) in sub-paragraph (1), for paragraph (a) (together with the “or” following it) substitute—

(a) one or more clinical commissioning groups, (aa) the National Health Service Commissioning Board, or

, and

• (b) in sub-paragraph (3)—

• (i) before the definition of “National Health Service Trust” 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 the “and” immediately preceding it.

The School Governance (New Schools) (England) Regulations 2007

108

In Schedule 1 to the School Governance (New Schools) (England) Regulations 2007 (appointment of temporary community governors at community special schools or foundation special schools), in paragraph 2—

• (a) in sub-paragraph (1)(a), for sub-paragraph (i) substitute—

(i) one or more clinical commissioning groups; (ia) the National Health Service Commissioning Board;

, and

• (b) in sub-paragraph (2)—

• (i) before the definition of “National Health Service Trust” 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 the “and” immediately preceding it.

The School Governance (Federations) (England) Regulations 2007

109

In the School Governance (Federations) (England) Regulations 2007 (so far as those Regulations continue to apply by virtue of regulation 4(1) of the School Governance (Federations) (England) Regulations 2012 ), in Schedule 4 (appointment of community governors in federations which include community special schools), in paragraph 2—

• (a) in sub-paragraph (1), for paragraph (a) substitute—

(a) one or more clinical commissioning groups, (aa) the National Health Service Commissioning Board,

, and

• (b) in sub-paragraph (3)—

• (i) before the definition of “National Health Service Trust” 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 the “and” immediately preceding it.

The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007

110

• (1) The School Organisation (Establishment and Discontinuance of Schools) (England) Regulations 2007 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “Accessibility Strategy” 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)(i)(i) (manner of publication of a competition notice), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

• (4) In regulation 10(6)(g) (promotion of public awareness), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

• (5) In regulation 13(5)(e) (manner in which local authority or proposers must publish details of proposals under sections 10 and 11), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

• (6) In regulation 15(3)(f)(i) (manner in which local authority or governing body must submit and publish details of discontinuance proposals), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

• (7) In regulation 25(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007

111

• (1) The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “Children and Young People's Plan” 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 1 (foundation proposals)—

• (a) in paragraph 5(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

• (b) in paragraph 7(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

• (4) In Schedule 3 (governing body proposals for alterations other than foundations proposals)—

• (a) in paragraph 27(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”,

• (b) in paragraph 28(4)(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

• (c) in paragraph 34(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

• (5) In Schedule 5 (local authority proposals for prescribed alterations)—

• (a) in paragraph 27(2)(a) (consultation on proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”,

• (b) in paragraph 28(5)(a) (manner of publication of proposals), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”, and

• (c) in paragraph 34(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

The Health Service Medicines (Information Relating to Sales of Branded Medicines etc) Regulations 2007

112

In regulation 2(1) of the Health Service Medicines (Information Relating to Sales of Branded Medicines etc) Regulations 2007 (interpretation)—

• (a) in the definition of “health service body”, in paragraph (a), omit “Strategic Health Authority,” and “Primary Care Trust,”, and

• (b) in the definition of “PMS contractor”, in paragraph (a), for “Strategic Health Authorities” substitute “ the Board ”.

The School Organisation (Transitional Provisions) (England) Regulations 2007

113

• (1) The School Organisation (Transitional Provisions) (England) Regulations 2007 are amended as follows.

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

• (a) after the definition of “the Change of Category 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 17(1)(g) (provision of information), for “the relevant Primary Care Trust,” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group, ”.

• (4) In regulation 18(10)(h)(i) (requirement to implement proposals, revocation and modification), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

• (5) In regulation 28(1)(g)(i) (provision for notification of decisions), for “the relevant Primary Care Trust” substitute “ the National Health Service Commissioning Board and the relevant clinical commissioning group ”.

The Community Drivers' Hours and Recording Equipment Regulations 2007

114

In paragraph 1(3) of the Schedule to the Community Drivers' Hours and Recording Equipment Regulations 2007 (exempted vehicles), in the definition of “relevant NHS body”, in paragraph (a), for “a Strategic Health Authority, a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, a clinical commissioning group, ”.

The Crime and Disorder (Prescribed Information) Regulations 2007

115

• (1) The Crime and Disorder (Prescribed Information) Regulations 2007 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “hospital”, for “Primary Care Trust” substitute “ clinical commissioning group, the National Health Service Commissioning Board ”.

• (3) In the Schedule (description of information)—

• (a) in paragraph 9—

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

• (ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”,

• (b) in paragraph 10—

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

• (ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”,

• (c) in paragraph 11—

• (i) for “Primary Care Trust or Local Health Board” substitute “ clinical commissioning group, Local Health Board or local authority (within the meaning of section 2B of the National Health Service Act 2006) acting in the exercise of public health functions (within the meaning of that Act), ”, and

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

• (d) in paragraph 12—

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

• (ii) after “within the area” insert “ , or by the National Health Service Commissioning Board, ”.

The Employment and Support Allowance Regulations 2008

116

• (1) The Employment and Support Allowance Regulations 2008 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 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 29—

• (a) after sub-paragraph (d) insert—

(da) a clinical commissioning group; (db) the National Health Service Commissioning Board; or

, and

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

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

117

• (1) The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 are amended as follows.

• (2) In regulation 7(5)(b) (transfer from hospital to hospital or guardianship)—

• (a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

• (b) omit “Primary Care Trust,”,

• (c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (d) for “authority, board or trust”, in each place where it occurs, substitute “ group, board, trust or authority ”.

• (3) In regulation 9(6) (transfer of community patients recalled to hospital)—

• (a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

• (b) omit “Primary Care Trust,”,

• (c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (d) for “authority, board or trust”, in each place where it occurs, substitute “ group, board, trust or authority ”.

• (4) In regulation 17(5) (assignment of responsibility for community patients)—

• (a) for “Strategic Health Authority,” substitute “ clinical commissioning group, ”,

• (b) omit “Primary Care Trust,”,

• (c) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (d) for “authority, board or trust” substitute “ group, board, trust or authority ”.

• (5) In regulation 31(1) (patient advocacy and liaison services and independent mental capacity advocate services), for sub-paragraph (c), and the “or” immediately preceding it, substitute—

(c) a clinical commissioning group, or (d) the National Health Service Commissioning Board.

The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008

118

• (1) The Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 are amended as follows.

• (2) In the heading to Part 6, for “Supervisory Bodies: Care Homes” substitute “ Supervisory Bodies: Care Homes and Hospitals ”.

• (3) In regulation 17(1)(a) (application and interpretation of Part 6)—

• (a) in paragraph (i), after “care home” insert “ or hospital ”, and

• (b) in paragraph (ii), after “care home” insert “ or hospital ”.

The Private Dentistry (Wales) Regulations 2008

119

• (1) The English text of the Private Dentistry (Wales) Regulations 2008 is amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “dental performers list” (“rhestr perfformwyr deintyddol”)—

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

• (b) for “regulation 3(1)(b) of the National Health Service (Performers Lists) Regulations 2004” substitute “ regulations under section 106 of the National Health Service Act 2006 ”.

• (3) In regulation 5(2)(l) (information and documents to be provided by an applicant), for “Primary Care Trust” substitute “ National Health Service Commissioning Board ”.

• (4) The Welsh text of the Private Dentistry (Wales) Regulations 2008 is amended as follows.

• (5) In regulation 2(1) (dehongli), in the definition of “rhestr perfformwyr deintyddol” (“dental performers list”)—

• (a) for “Ymddiriedolaeth Gofal Sylfaenol” substitute “Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (b) for “reoliad 3(1)(b) o Reoliadau'r Gwasanaeth Iechyd Gwladol (Rhestri'r Perfformwyr) 2004” substitute “ reoliadau o dan adran 106 o Ddeddf y Gwasanaeth Iechyd Gwladol 2006 ”.

• (6) In regulation 5(2)(h) (gwybodaeth a dogfennau sydd i'w darparu gan geisydd), for “neu'r Ymddiriedolaeth Gofal Sylfaenol” substitute “neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

120

• (1) The English text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 is amended as follows.

• (2) In regulation 23(6)(b) (transfer from hospital to hospital or guardianship)—

• (a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

• (b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (c) for “trust, board or authority” substitute “ trust, board, group or authority ”.

• (3) In regulation 25(5) (assignment of responsibility for community patients)—

• (a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

• (b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (c) for “trust, board or authority,” substitute “ trust, board, group or authority, ”.

• (4) In regulation 26(6) (transfer of recalled patients to hospital) —

• (a) for “Strategic Health Authority, Primary Care Trust,” substitute “ clinical commissioning group, ”,

• (b) after “Special Health Authority” insert “ , the National Health Service Commissioning Board ”, and

• (c) for “trust, board or authority,” substitute “ trust, board, group or authority, ”.

• (5) The Welsh text of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 is amended as follows.

• (6) In regulation 23(6)(b) (trosglwyddo o ysbyty i ysbyty neu warcheidiaeth)—

• (a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

• (b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw”.

• (7) In regulation 25(5) (aseinio cyfrifoldeb dros gleifion cymunedol)—

• (a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

• (b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw,”.

• (8) In regulation 26(6) (trosglwyddo cleifion a alwyd yn eu h�l i'r ysbyty) —

• (a) for “Awdurdod Iechyd Strategol, Ymddiriedolaeth Gofal Sylfaenol,” substitute “ grŵp comisiynu clinigol, ”,

• (b) after “Awdurdod Iechyd Arbennig” insert “, Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (c) for “ymddiriedolaeth honno, i'r bwrdd hwnnw, neu i'r awdurdod hwnnw” substitute “ymddiriedolaeth honno, i'r bwrdd hwnnw, i'r grŵp hwnnw, neu i'r awdurdod hwnnw,”.

The Mental Health Review Tribunal for Wales Rules 2008

121

• (1) The Mental Health Review Tribunal for Wales Rules 2008 are amended as follows.

• (2) In rule 2(1) (interpretation), in the definition of “responsible authority”, omit paragraph (d).

• (3) In rule 16 (notice of proceedings), omit paragraph (d) (but not the “and” following it).

• (4) In the Schedule (statements by the responsible authority and the Secretary of State), omit paragraph 16.

The Health Protection (Vaccination) Regulations 2009

122

In regulation 1(3) of the Health Protection (Vaccination) Regulations 2009 (interpretation), omit the definition of “Primary Care Trust” (but not the “and” following it).

The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

123

• (1) The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 are amended as follows.

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

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

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

• (c) in the definition of “general ophthalmic services contractor”, for “a Primary Care Trust” substitute “ the National Health Service Commissioning Board ”,

• (d) in the definition of “NHS body”—

• (i) omit paragraph (a),

• (ii) after paragraph (b) insert—

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

, and

• (iii) omit paragraph (c), and

• (e) in the definition of “primary care provider”, in paragraph (b), for “83(2)(b)” substitute “ 83(2) ”.

• (3) In regulation 6(1) (duty to handle complaints), after sub-paragraph (b) insert—

(ba) a clinical commissioning group or the National Health Service Commissioning Board about the exercise by it of any functions in pursuance of arrangements made under section 7A of the National Health Service Act 2006;

• (4) In regulation 7 (complaints about the provision of health services)—

• (a) in paragraph (1)(a)—

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

• (ii) for “1st April 2009” substitute “ 1st April 2013 ”,

• (b) in paragraph (1)(b), for “Primary Care Trust” substitute “ group or Board ”,

• (c) in paragraph (3)—

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

• (ii) in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”, and

• (iii) in sub-paragraph (b), for “Primary Care Trust” substitute “ group or Board ”,

• (d) in paragraph (4)—

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

• (ii) for “Primary Care Trust”, in the second place where it occurs, substitute “ group or Board ”, and

• (e) in paragraph (5) —

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

• (ii) in sub-paragraph (a), for “Primary Care Trust” substitute “ group or Board ”.

• (5) In regulation 13(5)(a) (procedure before investigation), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”.

• (6) In regulation 18 (annual reports)—

• (a) in paragraph (4)—

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

• (ii) in the full-out words, for “Primary Care Trust” substitute “ clinical commissioning group or the National Health Service Commissioning Board ”,

• (b) in paragraph (5), for “Primary Care Trust” substitute “ clinical commissioning group or National Health Service Commissioning Board ”,

• (c) omit paragraph (6), and

• (d) in paragraph (7) omit “or (6)”.

The Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

124

• (1) The Health and Social Care Act 2008 (Commencement No. 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 is amended as follows.

• (2) Omit article 13 (transitory provisions relating to the Health Protection Agency).

• (3) In Schedule 3 (transitory etc provision), in paragraph 2 (annual reviews), omit sub-paragraphs (2) and (3).

The General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009

125

In the Schedule to the General Osteopathic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 (the Rules), omit paragraph 2 (Appointments Commission).

The Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009

126

• (1) The English text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 is amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “Board's area” (“ardal y Bwrdd”) insert—

• “former health service body” (“cyn gorff gwasanaeth iechyd”) means a Strategic Health Authority or Primary Care Trust;

, and

• (b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

• (i) after “National Health Service Commissioning Board,” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”,

• (ii) omit “Strategic Health Authority,”, and

• (iii) for “NHS Foundation Trust or Primary Care Trust” substitute “ or NHS Foundation Trust ”.

• (3) In Schedule 2 (eligibility requirements for members and associate members), in paragraph 1—

• (a) in sub-paragraph (2)(c), after “health service body” insert “ or former health service body ”,

• (b) in sub-paragraph (2)(d)—

• (i) after “clinical commissioning group” insert “ or of a former health service body ”, and

• (ii) for “the health service body” substitute “ the body ”, and

• (c) in sub-paragraph (4), after “clinical commissioning group”, in the first place where it occurs, insert “ or of a former health service body ”.

• (4) The Welsh text of the Local Health Boards (Constitution, Membership and Procedures) (Wales) Regulations 2009 is amended as follows.

• (5) In regulation 2 (dehongli)—

• (a) after the definition of “cyfnod cysgodol” (“shadow period”) insert—

• ystyr “cyn gorff gwasanaeth iechyd” (“former health service body”) yw Awdurdod Iechyd Strategol neu Ymddiriedolaeth Gofal Sylfaenol;

, and

• (b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

• (i) after “Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol,” insert “ y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol, ”,

• (ii) omit “Awdurdod Iechyd Strategol,”, and

• (iii) for “Ymddiriedolaeth Sefydledig GIG neu Ymddiriedolaeth Gofal Sylfaenol” substitute “ neu Ymddiriedolaeth Sefydledig GIG ”.

• (6) In Schedule 2 (y meini prawf cymhwystra ar gyfer aelodau ac aelodau cyswllt), in paragraph 1—

• (a) in sub-paragraph (2)(c), after “chorff gwasanaeth iechyd” insert “ neu gyn gorff gwasanaeth iechyd ”,

• (b) in sub-paragraph (2)(ch)—

• (i) after “grŵp comisiynu clinigol” insert “ neu gyn gorff gwasanaeth iechyd ”, and

• (ii) for “corff gwasanaeth iechyd” substitute “ corff ”, and

• (c) in sub-paragraph (4), after “grŵp comisiynu clinigol”, in the first place where it occurs, insert “ neu gyn gorff gwasanaeth iechyd ”.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

127

In Schedule 2 to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (radiological emergencies), in paragraph 4(2)(d), for the words from “the Health Protection Agency” to the end substitute “ the Secretary of State pursuant to the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 ”.

The Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009

128

• (1) The English text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.

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

• (a) after the definition of “executive director” (“cyfarwyddwr gweithredol”) insert—

• “former health service body” (“cyn gorff gwasanaeth iechyd”) means a Strategic Health Authority or Primary Care Trust;

, and

• (b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

• (i) in paragraph (a), omit “a Strategic Health Authority,” and “a Primary Care Trust,”, and

• (ii) after paragraph (e) insert—

(f) the National Institute for Health and Care Excellence; (g) the Health and Social Care Information Centre;

• (3) In regulation 15 (disqualification for appointment of chair and non-executive directors)—

• (a) in paragraph (1)(c), after “health service body” insert “ or former health service body ”,

• (b) in paragraph (1)(d)—

• (i) after “clinical commissioning group” insert “ or of a former health service body ”, and

• (ii) in paragraph (i), for “the health service body” substitute “ the body ”, and

• (c) in paragraph (3)(c)—

• (i) after “other health service body” insert “ or a former health service body ”, and

• (ii) for “the health service body” substitute “ the body ”.

• (4) The Welsh text of the Public Health Wales National Health Service Trust (Membership and Procedure) Regulations 2009 is amended as follows.

• (5) In regulation 1(2) (dehongli)—

• (a) after the definition of “cyfarwyddwr gweithredol” (“executive director”) insert—

• ystyr “cyn gorff gwasanaeth iechyd” (“former health service body”) yw Awdurdod Iechyd Strategol neu Ymddiriedolaeth Gofal Sylfaenol;

, and

• (b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

• (i) in paragraph (a), omit “Awdurdod Iechyd Strategol,” and “Ymddiriedolaeth Gofal Sylfaenol,”, and

• (ii) after paragraph (d) insert—

(dd) y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal; (e) y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol;

• (6) In regulation 15 (datgymhwyso rhag penodi cadeirydd a chyfarwyddwyr anweithredol)—

• (a) in paragraph (1)(c), after “chorff gwasanaeth iechyd” insert “ neu gyn gorff gwasanaeth iechyd ”,

• (b) in paragraph (1)(ch)—

• (i) after “corff gwasanaeth iechyd” insert “ ac eithrio grŵp comisiynu clinigol neu gyn gorff gwasanaeth iechyd ”, and

• (ii) in paragraph (i), for “i'r corff gwasanaeth iechyd” substitute “i'r corff”, and

• (c) in paragraph (3)(c)—

• (i) after “corff gwasanaeth iechyd arall” insert “ neu gyn gorff gwasanaeth iechyd ”, and

• (ii) for “y corff gwasanaeth iechyd” substitute “ y corff ”.

The Local Health Boards (Directed Functions) (Wales) Regulations 2009

129

• (1) In the English text of the Local Health Boards (Directed Functions) (Wales) Regulations 2009 , in regulation 3(2)(a) (exception to regulation 2(2)), for “Primary Care Trust” substitute “ clinical commissioning group ”.

• (2) In the Welsh text of the Local Health Boards (Directed Functions) (Wales) Regulations 2009, in regulation 3(2)(a) (eithriad i reoliad 2(2)), for “Ymddiriedolaeth Gofal Sylfaenol” substitute “ grŵp comisiynu clinigol ”.

The Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

130

In regulation 3(6) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009 (prescribed persons)—

• (a) after sub-paragraph (a) insert—

(aa) clinical commissioning groups; (ab) the National Health Service Commissioning Board;

, and

• (b) omit paragraph (b).

The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009

131

In regulation 2 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (interpretation), in the definition of “health authority”, for paragraph (a) substitute—

(a) in relation to England, a clinical commissioning group established under section 14D of the National Health Service Act 2006, the National Health Service Commissioning Board or Public Health England, an executive agency of the Department of Health;

The Welsh Health Specialised Services Committee (Wales) Regulations 2009

132

• (1) In the English text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009 , in regulation 2 (interpretation), in the definition of “health service body” (“corff gwasanaeth iechyd”), after “National Health Service Commissioning Board,” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ”.

• (2) In the Welsh text of the Welsh Health Specialised Services Committee (Wales) Regulations 2009, in regulation 2 (dehongli), in the definition of “corff gwasanaeth iechyd” (“health service body”), after “Bwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol,” insert “ y Sefydliad Cenedlaethol dros Ragoriaeth mewn Iechyd a Gofal, y Ganolfan Gwybodaeth Iechyd a Gofal Cymdeithasol, ”.

The Private Water Supplies Regulations 2009

133

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

The Care Quality Commission (Registration) Regulations 2009

134

• (1) The Care Quality Commission (Registration) Regulations 2009 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in the definition of “health service body”, for “NHS Blood and Transplant or the Health Protection Agency” substitute “ or NHS Blood and Transplant ”, and

• (b) after that definition insert—

• “local authority” has the same meaning as in section 2B of the National Health Service Act 2006;

• (3) In regulation 9 (notification to Primary Care Trust, English local authority and Strategic Health Authority)—

• (a) for the heading substitute “ Notification ”,

• (b) in paragraph (1), for “Primary Care Trust” substitute “ clinical commissioning group ”,

• (c) in paragraph (2), for “Primary Care Trust” substitute “ clinical commissioning group ”,

• (d) in paragraph (4), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”,

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

• (f) after paragraph (6) insert—

(6A) Notice of an application under section 30(1) of the Act must be given to the National Health Service Commissioning Board under section 30(3)(za) of the Act if the application is in respect of a regulated activity that involves, or is connected, with the provision of health care. (6B) A copy of a notice must be given to the National Health Service Commissioning Board under section 39(1)(za) of the Act if the notice is in respect of a regulated activity that involves, or is connected, with the provision of health care.

, and

• (g) omit paragraphs (7) and (8).

• (4) In regulation 16 (notification of death of service user)—

• (a) in paragraph (2)—

• (i) for “health service body”, in the first place where it occurs, substitute “ health service body, a local authority exercising public health functions (within the meaning of the National Health Service Act 2006) ”, and

• (ii) in sub-paragraph (a)(ii), after “health service body” insert “ , or local authority exercising public health functions (within the meaning of the National Health Service Act 2006), ”, and

• (b) in paragraph (6), for sub-paragraph (a) substitute—

(a) section 3A (power of clinical commissioning groups as to commissioning certain health services),

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

135

In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 (interpretation), in the definition of “equivalent body”, in paragraph (a), for “a Primary Care Trust,” substitute “ the National Health Service Commissioning Board, or in relation to any time prior to 1st April 2013 and after 30th September 2002 a Primary Care Trust, ”.

The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009

136

• (1) The Regional Agency for Public Health and Social Well-being (Membership) Regulations (Northern Ireland) 2009 are amended as follows.

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

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

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

• (b) in the definition of “health service body”—

• (i) in paragraph (a), omit sub-paragraphs (i) and (ii),

• (ii) in paragraph (a), after sub-paragraph (iv) insert—

(iva) a clinical commissioning group; (ivb) the National Health Service Commissioning Board; (ivc) the National Institute for Health and Care Excellence; (ivd) the Health and Social Care Information Centre;

, and

• (iii) omit paragraph (d) (but not the “and” following it).

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

• (a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

• (b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

• (c) after paragraph (1)(f) insert—

(fa) is the chair or a member of the governing body of a clinical commissioning group;

• (d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”, and

• (e) after paragraph (1)(h) insert—

(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

, and

• (f) in paragraph (3)(a)—

• (i) after “his being” insert “ (i) ”, and

• (ii) for “or a health service body;” substitute—

, a health service body (other than a clinical commissioning group) or a former health service body, or (ii) the chair or a member of the governing body of a clinical commissioning group;

The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009

137

• (1) The Regional Health and Social Care Board (Membership) Regulations (Northern Ireland) 2009 are amended as follows.

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

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

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

• (b) in the definition of “health service body”—

• (i) in paragraph (a), omit sub-paragraphs (i) and (ii),

• (ii) in paragraph (a), after sub-paragraph (iv) insert—

(iva) a clinical commissioning group; (ivb) the National Health Service Commissioning Board; (ivc) the National Institute for Health and Care Excellence; (ivd) the Health and Social Care Information Centre;

, and

• (iii) omit paragraph (d).

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

• (a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

• (b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

• (c) after paragraph (1)(f) insert—

(fa) is the chair or a member of the governing body of a clinical commissioning group;

• (d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”, and

• (e) after paragraph (1)(h) insert—

(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

, and

• (f) in paragraph (3)(a)—

• (i) after “his being” insert “ (i) ”, and

• (ii) for “or a health service body;” substitute—

, a health service body (other than a clinical commissioning group) or a former health service body, or (ii) the chair or a member of the governing body of a clinical commissioning group;

The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009

138

• (1) The Regional Business Services Organisation (Membership and Procedure) Regulations (Northern Ireland) 2009 are amended as follows.

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

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

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

• (b) in the definition of “health service body”—

• (i) in paragraph (a), omit sub-paragraphs (i) and (iii),

• (ii) in paragraph (a), after sub-paragraph (iv) insert—

(iva) a clinical commissioning group; (ivb) the National Health Service Commissioning Board; (ivc) the National Institute for Health and Care Excellence; (ivd) the Health and Social Care Information Centre;

, and

• (iii) omit paragraph (d).

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

• (a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

• (b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

• (c) after paragraph (1)(f) insert—

(fa) is the chair or a member of the governing body of a clinical commissioning group;

• (d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”,

• (e) after paragraph (1)(h) insert—

(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

, and

• (f) in paragraph (3)(i)—

• (i) after “his being” insert “ (a) ”, and

• (ii) for “or a health service body;” substitute—

, a health service body (other than a clinical commissioning group) or a former health service body, or (b) the chair or a member of the governing body of a clinical commissioning group;

The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009

139

• (1) The Patient and Client Council (Membership and Procedure) Regulations (Northern Ireland) 2009 are amended as follows.

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

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

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

• (b) in the definition of “health service body”—

• (i) in paragraph (a), omit sub-paragraphs (i) and (iii),

• (ii) in paragraph (a), after sub-paragraph (iv) insert—

(iva) a clinical commissioning group; (ivb) the National Health Service Commissioning Board; (ivc) the National Institute for Health and Care Excellence; (ivd) the Health and Social Care Information Centre;

, and

• (iii) omit paragraph (d).

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

• (a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

• (b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

• (c) after paragraph (1)(f) insert—

(fa) is the chair or a member of the governing body of a clinical commissioning group;

• (d) in paragraph (1)(h), for “or a health service body.” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body; ”,

• (e) after paragraph (1)(h) insert—

(i) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group.

, and

• (f) in paragraph (3)(a)—

• (i) after “his being” insert “ (i) ”,

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

• (iii) after “health and social care body;” insert—

or (ii) the chair or a member of the governing body of a clinical commissioning group;

The Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009

140

In regulation 39(6)(e)(iv) of the Education (Student Support) (No. 2) Regulations (Northern Ireland) 2009 (general qualifying conditions for grants for living and other costs), for “of section 28(6)” substitute “ given by section 275(1) ”.

The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009

141

• (1) The Local Commissioning Groups (Membership) Regulations (Northern Ireland) 2009 are amended as follows.

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

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

“former health service body” means a Strategic Health Authority, a Primary Care Trust or the Health Protection Agency;

, and

• (b) in the definition of “health service body”—

• (i) in paragraph (a), omit sub-paragraphs (i) and (iii), and

• (ii) in paragraph (a), after sub-paragraph (iv) insert—

(iva) a clinical commissioning group; (ivb) the National Health Service Commissioning Board; (ivc) the National Institute for Health and Care Excellence; (ivd) the Health and Social Care Information Centre;

, and

• (iii) omit paragraph (d).

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

• (a) in paragraph (1)(b), for “or a health service body” substitute “ , a health service body or a former health service body ”,

• (b) in paragraph (1)(f), after “health service body” insert “ (other than a clinical commissioning group) ”,

• (c) after paragraph (1)(f) insert—

(fa) is the chair or a member of the governing body of a clinical commissioning group;

• (d) in paragraph (1)(h), for “or a health service body” substitute “ , a health service body (other than a clinical commissioning group) or a former health service body ”,

• (e) after paragraph (1)(h) insert—

(ha) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;

, and

• (f) in paragraph (4)(a)—

• (i) after “his being” insert “ (i) ”, and

• (ii) for “or a health service body;” substitute—

, a health service body (other than a clinical commissioning group) or a former health service body, or (ii) the chair or a member of the governing body of a clinical commissioning group;

The Private Water Supplies (Wales) Regulations 2010

142

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

The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010

143

• (1) The National Health Service (Functions of the First-tier Tribunal relating to Primary Medical, Dental and Ophthalmic Services) Regulations 2010 are amended as follows.

• (2) In regulation 2 (interpretation)—

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

“the Board” means the National Health Service Commissioning Board;

• (b) in the definition of “contractor”—

• (i) in paragraph (a), for “a Primary Care Trust” substitute “ the Board ”, and

• (ii) in paragraph (b), for the brackets and the words within the brackets substitute “ other than the Board; ”, and

• (c) omit the definition of “relevant body” and the “and” immediately preceding it.

• (3) In regulation 3(2) (directions in respect of GMS contract disputes)—

• (a) for “the Primary Care Trust”, in each place where it occurs, substitute “ the Board ”, and

• (b) for “a Primary Care Trust” substitute “ the Board ”.

• (4) In regulation 4(2) (directions in respect of PMS agreement disputes)—

• (a) for “the relevant body”, in each place where it occurs, substitute “ the Board ”, and

• (b) for “a relevant body” substitute “ the Board ”.

• (5) In regulation 5(2) (directions in respect of GDS contract disputes)—

• (a) for “the Primary Care Trust”, in each place where it occurs, substitute “ the Board ”, and

• (b) for “a Primary Care Trust” substitute “ the Board ”.

• (6) In regulation 6(2) (directions in respect of PDS agreement disputes), for “the relevant body”, in each place where it occurs, substitute “ the Board ”.

• (7) In regulation 7(2) (directions in respect of GOS contract disputes)—

• (a) for “the PCT”, in each place where it occurs, substitute “ the Board ”,

• (b) for “the Primary Care Trust” substitute “ the Board ”, and

• (c) for “a Primary Care Trust” substitute “ the Board ”.

The Pharmacy Order 2010

144

• (1) The Pharmacy Order 2010 is amended as follows.

• (2) In article 66(3) (rules), in sub-paragraph (a), for “Primary Care Trusts” substitute “ the National Health Service Commissioning Board ”.

• (3) In Schedule 1 (constitution of the General Pharmaceutical Council), in paragraph 1 (membership: general), omit sub-paragraphs (4) and (5).

The Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010

145

• (1) The English text of the Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010 is amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “Chief Officer” (“Prif Swyddog”) insert—

• “clinical commissioning group” (“grŵp comisiynu clinigol”) means a body established under section 14D of the National Health Service Act 2006;

• (b) in the definition of “health service body” (“corff gwasanaeth iechyd”)—

• (i) omit “Strategic Health Authority,”, and

• (ii) for “, NHS Trust or Primary Care Trust” substitute “ or NHS Trust ”,

• (c) omit the definition of “relevant Primary Care Trust” (“Ymddiriedolaeth Gofal Sylfaenol berthnasol”), and

• (d) omit the definition of “relevant Strategic Health Authority” (“Awdurdod Iechyd Strategol perthnasol”).

• (3) In regulation 12(1) (disqualification for membership)—

• (a) in sub-paragraph (a), after “relevant health service body” insert “ or the National Health Service Commissioning Board ”,

• (b) after that sub-paragraph insert—

(aa) is the chair or a member of the governing body of a clinical commissioning group;

• (c) in sub-paragraph (b), after “relevant health service body” insert “ , a clinical commissioning group or the National Health Service Commissioning Board ”, and

• (d) in sub-paragraph (h), after “health service body” insert “ , Primary Care Trust, Strategic Health Authority, clinical commissioning group or the National Health Service Commissioning Board ”.

• (4) In regulation 29(1) (entry and inspection of premises)—

• (a) omit sub-paragraph (b), and

• (b) omit sub-paragraph (e).

• (5) The Welsh text of the Community Health Councils (Constitution, Membership and Procedure) (Wales) Regulations 2010 is amended as follows.

• (6) In regulation 2 (dehongli)—

• (a) after the definition of “Gorchymyn Sefydlu Cynghorau Iechyd Cymuned 2010” (“the Community Health Councils Establishment Order 2010”) insert—

• ystyr “grŵp comisiynu clinigol” (“clinical commissioning group”) yw corff a sefydlwyd o dan adran 14D o Ddeddf y Gwasanaeth Iechyd Gwladol 2006;

• (b) in the definition of “corff gwasanaeth iechyd” (“health service body”)—

• (i) omit “Awdurdod Iechyd Strategol,”, and

• (ii) for “, Ymddiriedolaeth GIG neuYmddiriedolaeth Gofal Sylfaenol” substitute “ neu Ymddiriedolaeth GIG ”,

• (c) omit the definition of “Ymddiriedolaeth Gofal Sylfaenol berthnasol” (“relevant Primary Care Trust”), and

• (d) omit the definition of “Awdurdod Iechyd Strategol perthnasol” (“relevant Strategic Health Authority”).

• (7) In regulation 12(1) (anghymwyso rhag bod yn aelod)—

• (a) in sub-paragraph (a), after “gorff gwasanaeth iechyd perthnasol” insert “neu o Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”,

• (b) after that sub-paragraph insert—

(aa) yn gadeirydd neu'n aelod o gorff llywodraethu grŵp comisiynu clinigol;

• (c) in sub-paragraph (b), after “gorff gwasanaeth iechyd perthnasol” insert “, grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”, and

• (d) in sub-paragraph (f), after “chorff gwasanaeth iechyd” insert “, Ymddiriedolaeth Gofal Sylfaenol, Awdurdod Iechyd Strategol, grŵp comisiynu clinigol neu Fwrdd Comisiynu'r Gwasanaeth Iechyd Gwladol”.

• (8) In regulation 29(1) (mynd i mewn i fangreoedd a'u harchwilio)—

• (a) omit sub-paragraph (b), and

• (b) omit sub-paragraph (d).

The Children's Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010

146

In regulation 2 of the Children's Trust Board (Relevant Partners) (Exceptions) (England) Regulations 2010 (prescribed relevant partners for the purposes of section 12A(4) of the Children Act 1989), for “A Strategic Health Authority is” substitute “ A clinical commissioning group and the National Health Service Commissioning Board are each ”.

The Health Protection (Part 2A Orders) Regulations 2010

147

• (1) The Health Protection (Part 2A Orders) Regulations 2010 are amended as follows.

• (2) In regulation 10 (duty on local authorities to report Part 2A applications to the Health Protection Agency)—

• (a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”, and

• (b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England, an executive agency of the Department of Health, ”.

• (3) In regulation 11 (duty on local authorities to report variations or revocations of Part 2A Orders to the Health Protection Agency)—

• (a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”, and

• (b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England, an executive agency of the Department of Health, ”.

The Health Protection (Notification) Regulations 2010

148

• (1) The Health Protection (Notification) Regulations 2010 are amended as follows.

• (2) In regulation 1 (citation, commencement and application), after paragraph (2) insert—

(3) In these Regulations, “Public Health England” means the executive agency of the Department of Health known as Public Health England.

• (3) In regulation 4 (duty to notify causative agents found in human samples)—

• (a) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England ”, and

• (b) in paragraph (6), for “the Health Protection Agency” substitute “ Public Health England ”.

• (4) In regulation 5 (duty to provide information to the Health Protection Agency)—

• (a) in the heading, for “the Health Protection Agency” substitute “ Public Health England ”,

• (b) in paragraph (1), for “the Health Protection Agency” substitute “ Public Health England ”,

• (c) in paragraph (2), for “The Health Protection Agency” substitute “ Public Health England ”,

• (d) in paragraph (5), for “the Health Protection Agency” substitute “ Public Health England ”, and

• (e) in paragraph (6), for “the Health Protection Agency” substitute “ Public Health England ”.

• (5) In regulation 6(2) (duty on the relevant local authority to disclose notification to others), for sub-paragraph (a) substitute—

(a) Public Health England;

The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010

149

• (1) The National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 2010 are amended as follows.

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

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

“relevant Local Healthwatch organisation” means a Local Healthwatch organisation for the area of a local authority in which there is situated— 1. in a case where the Secretary of State is considering making an establishment order, any hospital or other establishment or facility which would be managed by the NHS trust to be established, or 2. in any other case, any hospital or other establishment or facility managed by the NHS trust in respect of which the order is to be made;

• (b) omit the definition of “local involvement network”, and

• (c) omit the definition of “relevant local involvement network”.

• (3) In regulation 2 (consultation relating to orders under section 25 of the Act and dissolution orders)—

• (a) in paragraph (1), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

• (b) in paragraph (5)(a), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

• (c) in paragraph (5)(b), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”, and

• (d) in paragraph (6), for “local involvement network” substitute “ Local Healthwatch organisation ”.

• (4) In regulation 3 (consultation relating to transfer orders)—

• (a) in paragraph (1)(a), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”,

• (b) in paragraph (1)(b), for “each relevant local involvement network” substitute “ each relevant Local Healthwatch organisation ”, and

• (c) in paragraph (2), for “local involvement network” substitute “ Local Healthwatch organisation ”.

• (5) In regulation 4(3) (combined and joint consultations), for “each relevant local involvement network”, in each place where it occurs, substitute “ each relevant Local Healthwatch organisation ”.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

150

• (1) Schedule 2 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (regulated activities: general exceptions) is amended as follows.

• (2) In paragraph 3(a)—

• (a) for paragraph (i) substitute—

(i) section 3A (power of clinical commissioning groups as to commissioning certain health services),

, and

• (b) in paragraph (iii), for “Strategic Health Authorities” substitute “ the Board ”.