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)”.