Health and Social Care Act 2012

Section 56(4)

SCHEDULE 7Abolition of the Health Protection Agency: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)—

(a)omit the entry for the Health Protection Agency, and

(b)in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)

2In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Health Protection Agency.

Local Government Act 1972 (c. 70)

3In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A) omit “the Health Protection Agency,” in each place it occurs.

Health and Safety at Work etc. Act 1974 (c. 37)

4The Health and Safety at Work etc. Act 1974 is amended as follows.

5In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from “(and, in particular,” to the end.

6In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from “, and, in the case of” to “the Health Protection Agency”.

House of Commons Disqualification Act 1975 (c. 24)

7In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), omit the entry for the chairman and any non-executive member of the Health Protection Agency.

Employment Rights Act 1996 (c. 18)

9In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)

10In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency.

International Development Act 2002 (c. 1)

11In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK), omit the entry for the Health Protection Agency.

Nationality, Immigration and Asylum Act 2002 (c. 41)

12(1)Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies) is amended as follows.

(2)In paragraph (a)—

(a)before sub-paragraph (i) insert—

“(ai)the Secretary of State,”, and

(b)omit sub-paragraph (vi) and the “or” preceding it.

(3)In paragraph (b)—

(a)after sub-paragraph (i) insert “or”, and

(b)omit sub-paragraph (iv) and the “or” preceding it.

(4)In paragraph (c)—

(a)before sub-paragraph (i) insert—

“(ai)the Secretary of State,”,

(b)after sub-paragraph (iia) insert “or”, and

(c)omit sub-paragraph (iii).

(5)In paragraph (d)—

(a)after sub-paragraph (ii) insert—

“(iia)the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or”, and

(b)omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)

13The Scottish Public Services Ombudsman Act 2002 is amended as follows.

14In section 7 (matters which may be investigated: restrictions), omit subsection (6A).

15In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

Civil Contingencies Act 2004 (c. 36)

16In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—

“9The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —

(a)the Secretary of State’s functions under section 2A of the National Health Service Act 2006,

(b)the Secretary of State’s functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or

(c)arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.”

National Health Service Act 2006 (c. 41)

17The National Health Service Act 2006 is amended as follows.

18In section 9 (NHS contracts), in subsection (4) omit paragraph (j).

19In section 71 (schemes for meeting losses and liabilities of certain health bodies)—

(a)in subsection (2) omit paragraph (g), and

(b)in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)

20The National Health Service (Wales) Act 2006 is amended as follows.

21In section 7 (NHS contracts), in subsection (4) omit paragraph (j).

22In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)—

(a)after paragraph (b) insert “and”, and

(b)omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

23In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them).

Health and Social Care Act 2008 (c. 14)

24In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6).

Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))

25In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts), in paragraph (2)(g) omit paragraph (vi).