Statutory Instruments
2013 No. 2341
National Health Service, England
The Health and Social Care Act 2012 (Consequential Amendments) (No. 2) Order 2013
Made
13th September 2013
Coming into force
1st November 2013
The Secretary of State makes the following Order in exercise of the powers conferred by sections 303 and 304(9) and (10) of the Health and Social Care Act 2012( 1 ).
The Secretary of State has consulted Scottish Ministers in accordance with section 303(4) of that Act.
A draft of this Order has been laid before and approved by resolution of each House of Parliament in accordance with section 304(5) of that Act.
Citation, commencement and extent
1. —(1) This Order may be cited as the Health and Social Care Act 2012 (Consequential Amendments) (No. 2) Order 2013.
(2) This Order comes into force on 1st November 2013.
(3) Any amendment made by this Order has the same extent as the provision amended.
Amendment of the Disabled Persons (Services, Consultation and Representation) Act 1986
2. In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986( 2 ) (persons discharged from hospital)—
(a) in subsection (3), for the words “under the 2006 Act or 1978 Act which the Secretary of State is under a duty to provide”, substitute “mentioned in subsection (3A)”, and
(b) after subsection (3), insert—
“ (3A) The services referred to in subsection (3) are—
(a) in relation to England, services whose provision must be arranged by a clinical commissioning group ( 3 ) under section 3 of the 2006 Act, or by the National Health Service Commissioning Board ( 4 ) by virtue of section 3B of that Act;
(b) in relation to Wales, services which must be provided by the Welsh Ministers under the National Health Service (Wales) Act 2006 ( 5 ) ; or
(c) in relation to Scotland, services which must be provided by the Scottish Ministers under the 1978 Act ( 6 ) . ” .
Amendment of the Community Care (Delayed Discharges etc. ) Act 2003
3. In section 1 of the Community Care (Delayed Discharges etc.) Act 2003( 7 ) (meaning of “NHS body” and “qualifying hospital patient”) in subsection (1), in the definition of “NHS body”, after “a Local Health Board (in Wales);” insert—
“ (c) the National Health Service Commissioning Board;
(d) a clinical commissioning group; ” .
Amendment of the National Health Service Act 2006
4. In the heading to section 256 of the National Health Service Act 2006( 8 ) (power of Primary Care Trusts to make payments towards expenditure on community services), for “Primary Care Trusts”, substitute “the Board or a clinical commissioning group”.
Signed by the authority of the Secretary of State for Health.
Norman Lamb
Minister of State,
Department of Health
13th September 2013
1986 c. 33 . The reference to the 2006 Act in section 7(3) was substituted by the National Health Service (Consequential Provisions) Act 2006 (c. 43) , section 2, Schedule 1, paragraphs 87 and 89(a).
A clinical commissioning group is a body established under section 14D of National Health Service Act 2006 (c. 41) , as inserted by section 25(1) of the Health and Social Care Act 2012.
The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006, as inserted by section 9(1) of the Health and Social Care Act 2012.
2003 c. 5 . The definition of “NHS body” in section 1(1) was amended by the Health and Social Care Act 2012, section 55(2) and Schedule 5, paragraphs 108 and 109.