The Health and Social Care Act 2012 (Consequential Amendments) (No. 2) Order 2013

• Citation: S.I. 2013/2341
• Sections: 4

Section 1 Citation, commencement and extent

(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.

Section 2 Amendment of the Disabled Persons (Services, Consultation and Representation) Act 1986

In section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (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 under section 3 of the 2006 Act, or by the National Health Service Commissioning Board 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 ; or

(c) in relation to Scotland, services which must be provided by the Scottish Ministers under the 1978 Act .

Section 3 Amendment of the Community Care (Delayed Discharges etc. ) Act 2003

In section 1 of the Community Care (Delayed Discharges etc.) Act 2003 (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;

Section 4 Amendment of the National Health Service Act 2006

In the heading to section 256 of the National Health Service Act 2006 (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”.