SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

175Health Act 2009 (c. 21)

1

Section 2 (duty to have regard to NHS constitution) is amended as follows.

2

In subsection (1), for “NHS functions” substitute “health service functions”.

3

In subsection (2)—

a

omit paragraph (a),

b

omit paragraph (b), and

c

before paragraph (d) insert—

ca

the National Health Service Commissioning Board;

cb

clinical commissioning groups;

cc

local authorities (within the meaning of section 2B of the National Health Service Act 2006);

4

In subsection (3), for “an “NHS function”” substitute “a “health service function””.

5

In subsection (4)—

a

before paragraph (a) insert—

za

provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006,

b

omit the word “or” at the end of paragraph (a), and

c

after paragraph (b) insert

, or

c

provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act.

6

In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za), (a), (b) or (c)”.