The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

• Citation: S.I. 2013/235
• Sections: 250

Section 1 Citation, commencement, extent and application

(1) This Order may be cited as the National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013.

(2) This Order comes into force on 1st April 2013.

(3) Subject to paragraphs (4) and (5), this Order extends to England and Wales only.

(4) Any amendment or revocation made by this Order has the same extent as the enactment amended or revoked.

(5) Any transitional or saving provision made by this Order has the same extent as the enactment to which it relates.

(6) Part 2 of this Order applies in relation to England only.

Section 2 Interpretation

In this Part—

“ the Agency ” means the National Treatment Agency established by article 2 of the National Treatment Agency (Establishment and Constitution) Order 2001 ; and

“ the transfer date ” means 1st April 2013.

Section 3 Abolition of the Agency

The Agency is abolished.

Section 4 Transfer of staff to the Secretary of State

(1) This paragraph applies in relation to any person who—

(a) is employed by the Agency immediately before the transfer date; and

(b) has been notified in writing by the Agency prior to the transfer date that they are to be transferred to the employment of the Secretary of State.

(2) Any person to whom paragraph (1) applies is, on the transfer date, transferred to the employment of the Secretary of State.

(3) The contract of employment of a person whose employment transfers to the Secretary of State under paragraph (2)—

(a) is not terminated by that transfer; and

(b) has effect on and after the transfer date as if originally made between that person and the Secretary of State.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the Agency under or in connection with the contract of employment of any person whose employment transfers to the Secretary of State under paragraph (2), are transferred to the Secretary of State; and

(b) any act or omission before the transfer date by, or in relation to, the Agency, in respect of that person or that person's contract of employment, is deemed to have been an act or omission of, or in relation to, the Secretary of State.

(5) Paragraphs (2) to (4) do not operate to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under or in connection with that contract, if, before the transfer date, the person informs the Agency that they object to becoming employed by the Secretary of State.

(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person's contract of employment as described in paragraph (5), the transfer operates so as to terminate that person's contract of employment with the Agency.

(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the Agency.

(8) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed.

(9) No damages are payable by the employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.

(10) Paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person's contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.

Section 5 Transfer of property and liabilities

(1) Any property held by the Agency immediately before the transfer date is on the transfer date transferred to the Secretary of State.

(2) Any criminal liabilities of the Agency are on the transfer date transferred to the National Health Service Litigation Authority .

(3) All other liabilities of the Agency are on the transfer date transferred to the Secretary of State.

Section 6 Continuity and supplementary provision

(1) Any right relating to property held by the Agency immediately before the transfer date that was enforceable by or against the Agency before the transfer date is, on and after that date, enforceable by or against the Secretary of State.

(2) Any act or omission by, or in relation to, the Agency before the transfer date in respect of—

(a) the exercise of any of the functions of the Agency;

(b) under or in connection with any contract or agreement entered into by the Agency; or

(c) in connection with any of the property or liabilities of the Agency transferred by this Order,

is deemed to have been an act or omission of, or in relation to, the Secretary of State.

(3) Subject to article 7, anything (which may include legal proceedings) which, when this Order comes into force, is in the process of being done by, or in relation to, the Agency in respect of, or in connection with—

(a) the exercise by the Agency of any of its functions; or

(b) any property or liabilities of the Agency transferred by this Order,

is deemed to have effect as if done by, or in relation to, and may be continued by, or in relation to, the Secretary of State.

(4) Any reference to the Agency in any agreement (whether written or not), instrument or other document in connection with any of the functions of the Agency or any property or liabilities transferred by this Order is to be treated as a reference to the Secretary of State.

(5) No right to terminate or vary a contract, arrangement or instrument is to operate or become exercisable, and no provision of any contract, arrangement or instrument is to operate or become exercisable or be contravened, by reason of the transfer of any property or liabilities under or by virtue of this Order.

(6) The transfer of any property, rights and liabilities by this Order is to be made—

(a) irrespective of any requirement for consent that would otherwise apply (whether arising under any enactment, instrument, agreement or otherwise); and

(b) whether or not they would otherwise be capable of being transferred.

Section 7 Complaints

(1) A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the Agency may be investigated by the Commissioner notwithstanding the abolition of the Agency, and the Commissioner must send a copy of the report of the result of any such investigation to the Secretary of State.

(2) The Secretary of State shall, in accordance with the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 , handle any complaint made under those Regulations in relation to the Agency, as if the Secretary of State was a Special Health Authority and the complaint had been made to that Authority.

(3) This article applies to complaints made before, on or after the transfer date.

Section 8 Winding up of affairs of the Agency

The Secretary of State must take such action as may be necessary for the winding up of the affairs of the Agency, including the preparation of the outstanding accounts of the Agency and the performance of all statutory duties relating to those accounts.

Section 9 Amendments and revocations consequential on the abolition of the Agency

The amendments and revocations in Schedule 1 have effect.

Section 10 Primary medical and dental services

(1) In this article, “ relevant Order ” means—

(a) the General Medical Services Transitional and Consequential Provisions Order 2004 ,

(b) the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 ,

(c) the General Medical Services (Transitional Measure Relating to Non-Clinical Partners) Order 2004 ,

(d) the General Dental Services and Personal Dental Services Transitional Provisions Order 2005 , or

(e) the General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 .

(2) The abolition of Primary Care Trusts by section 34 of the Health and Social Care Act 2012 does not affect the continuing operation of any provision of a relevant Order which but for that abolition would be capable of having effect after 31st March 2013.

(3) Any provision of a relevant Order—

(a) which has continuing effect after 31st March 2013, and

(b) which refers to a Primary Care Trust,

is to be treated, so far as that provision falls to be applied to any act or omission occurring after that date, as if it referred to the National Health Service Commissioning Board.

(4) Any act or omission by or in relation to a Primary Care Trust before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as an act or omission by or in relation to the National Health Service Commissioning Board.

(5) Anything which is in the process of being done by or in relation to a Primary Care Trust immediately before 1st April 2013 under or in connection with a provision of a relevant Order which has continuing effect after 31st March 2013 is, where appropriate, to be treated as done by or in relation to, and may be continued by or in relation to, the National Health Service Commissioning Board.

Section 11 Consequential amendments and revocations

Schedule 2 (which contains amendments and revocations which are consequential on the Health and Social Care Act 2012) has effect.

Section 12 Transitional and saving provisions

Schedule 3 (transitional and saving provisions) has effect.

Section 1 The National Health Service Trusts (Membership and Procedure) Regulations 1990

In the National Health Service Trusts (Membership and Procedure) Regulations 1990 , in regulation 11 (disqualification of appointment for chairman and non-executive directors), omit paragraph (5A).

Section 2 The Health Service Commissioner for England (Special Health Authorities) Order 2005

In the Schedule to the Health Service Commissioner for England (Special Health Authorities) Order 2005 (Special Health Authorities designated as subject to investigation) , omit the entry for the National Treatment Agency.

Section 3 The National Treatment Agency (Establishment and Constitution) Order 2001

The National Treatment Agency (Establishment and Constitution) Order 2001 is revoked.

Section 4 The National Treatment Agency Regulations 2001

The National Treatment Agency Regulations 2001 are revoked.

Section 5 The National Treatment Agency (Amendment) Regulations 2001

The National Treatment Agency (Amendment) Regulations 2001 are revoked

Section 6 The National Treatment Agency (Establishment and Constitution) Amendment Order 2003

The National Treatment Agency (Establishment and Constitution) Amendment Order 2003 is revoked.

Section 1 The Public Trustee Rules 1912

In rule 30(1)(e)(i) of the Public Trustee Rules 1912 (corporate bodies as custodian trustees), omit “Strategic Health Authority,”.

Section 2 The Health and Personal Social Services (Northern Ireland) Order 1972

In article 15C(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (persons with whom agreements may be made), in the definition of “ HSS employee”, in paragraph (b), omit “a Primary Care Trust in England,”.

Section 3 The National Health Service (Venereal Diseases) Regulations 1974

(1) In regulation 2 of the National Health Service (Venereal Diseases) Regulations 1974 (confidentiality of information)—

(a) for “Strategic Health Authority, NHS Trust,” substitute “ NHS Trust or ” ,

(b) omit “and Primary Care Trust”, and

(c) omit “Authority or”.

(2) This paragraph applies in relation to England only.

Section 4 The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974

(1) The National Health Service (Family Practitioner Committees—Supply of Goods) Regulations 1974 are amended as follows.

(2) In regulation 2, for “the said section 11(2)” substitute “ section 80(5) of the National Health Service Act 2006 or section 38(5) of the National Health Service (Wales) Act 2006 ” .

(3) In regulation 3, omit “or Primary Care Trust”.

Section 5 The National Health Service (Speech Therapists) Regulations 1974

In regulation 4 of the National Health Service (Speech Therapists) Regulations 1974 (authorities to which regulation 3 applies), omit paragraph (b).

Section 6 The Social Security (Medical Evidence) Regulations 1976

(1) The Social Security (Medical Evidence) Regulations 1976 are amended as follows.

(2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

(3) In Part 2 of Schedule 2 (form of certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ” .

Section 7 The Health and Safety at Work (Northern Ireland) Order 1978

(1) The Health and Safety at Work (Northern Ireland) Order 1978 is amended as follows.

(2) In article 18(2)(a) (approval of codes of practice by the Executive), omit “and the Health Protection Agency”.

(3) In article 46(3)(a) (regulations under the relevant statutory provisions), omit “and the Health Protection Agency”.

Section 8 The National Health Service (Transfer of Officers) ( No. 2) Regulations 1986

In regulation 1(2) of the National Health Service (Transfer of Officers) (No. 2) Regulations 1986 (interpretation), in the definition of “Authority”, omit “Strategic Health Authority or”.

Section 9 The Statutory Maternity Pay (Medical Evidence) Regulations 1987

(1) The Statutory Maternity Pay (Medical Evidence) Regulations 1987 are amended as follows.

(2) In regulation 1(2) (interpretation), omit the definition of “Primary Care Trust”.

(3) In Part 2 of the Schedule (form of maternity certificate), for the words from “if the form” to “(or, in Scotland,” substitute “ (unless the form has been stamped, in Wales, by the Local Health Board in whose medical performers list you are included or, in Scotland, ” .

Section 10 The Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,

(3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 27—

(a) after sub-paragraph (d) insert—

(da) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or

(b) omit sub-paragraph (e) (together with the “or” following it).

Section 11 The Social Security (Claims and Payments) Regulations 1987

In regulation 43(7) of the Social Security (Claims and Payments) Regulations 1987 (children), omit paragraph (a) of the definition of “health authority”.

Section 12 The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988

(1) The National Health Service (Payment of Remuneration—Special Arrangement) Order 1988 , so far as it applies in relation to England, is revoked.

(2) In article 2 of that Order (functions conferred on PCTs etc ), so far as it applies in relation to Wales—

(a) omit “, Primary Care Trust”, and

(b) omit “or Trust's”.

Section 13 The National Health Service Trusts (Membership and Procedure) Regulations 1990

(1) The National Health Service Trusts (Membership and Procedure) Regulations 1990 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;

(3) In regulation 11 (disqualification for appointment of chairman and non-executive directors)—

(a) in paragraph (5), omit sub-paragraphs (e) and (g), and

(b) omit paragraph (7).

Section 14 The National Health Service (Remuneration and Conditions of Service) Regulations 1991

In regulation 1(2) of the National Health Service (Remuneration and Conditions of Service) Regulations 1991 (interpretation), in the definition of “authority”, omit “Strategic Health Authority,”.

Section 15 The Statutory Sick Pay (National Health Service Employees) Regulations 1991

(1) The Statutory Sick Pay (National Health Service Employees) Regulations 1991 are amended as follows.

(2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

(3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

(4) In regulation 5 (treatment of two or more employers as one)—

(a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

(b) omit paragraph (b) and the “or” immediately preceding it.

Section 16 The Statutory Maternity Pay (National Health Service Employees) Regulations 1991

(1) The Statutory Maternity Pay (National Health Service Employees) Regulations 1991 are amended as follows.

(2) In regulation 1 (interpretation etc), omit paragraphs (3) and (4).

(3) In regulation 2 (treatment of more than one contract of employment as one contract), omit the words from “, or where an order” to “is so divided,”.

(4) In regulation 5 (treatment of two or more employers as one)—

(a) in paragraph (a), omit “or Primary Care Trust” in each place where it occurs, and

(b) omit paragraph (b) and the “or” immediately preceding it.

Section 17 The Children (Secure Accommodation) Regulations 1991

(1) Regulation 7 of the Children (Secure Accommodation) Regulations 1991 (children to whom section 25 of the Children Act 1989 shall apply and have effect subject to modifications) is amended as follows.

(2) In paragraph (1)(a)—

(a) omit “Primary Care Trusts,”, and

(b) after “education functions” insert “ or who are accommodated pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ” .

(3) In paragraph (2)—

(a) in sub-paragraph (a)—

(i) omit “a Primary Care Trust,”, and

(ii) after “education functions” insert “ or who is being provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ” , and

(b) in sub-paragraph (b)—

(i) omit “Primary Care Trusts,”, and

(ii) for “or local authorities” substitute “ , local authorities, the Secretary of State, the National Health Service Commissioning Board or clinical commissioning groups ” .

Section 18 The Children (Secure Accommodation) (No. 2) Regulations 1991

In regulation 2(1) of the Children (Secure Accommodation) (No. 2) Regulations 1991 (applications to court – special cases)—

(a) omit “a Primary Care Trust,”,

(b) after “education functions” insert “ or provided with accommodation pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 ” ,

(c) omit “Primary Care Trust,” in the second place where it occurs, and

(d) after “for the child” insert “ or by the person (namely, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group) who has made arrangements for the provision of accommodation for the child ” .

Section 19 The Health and Social Services Councils Regulations (Northern Ireland) 1991

In regulation 1(2) of the Health and Social Services Councils Regulations (Northern Ireland) 1991 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;

Section 20 The Child Support (Maintenance Assessments and Special Cases) Regulations 1992

(1) The Child Support (Maintenance Assessments and Special Cases) Regulations 1992 are amended as follows.

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “claimant” insert—

“ clinical commissioning group ” means a body established under section 14D of the National Health Service Act 2006;

(b) omit the definition of “Primary Care Trust”.

(3) In paragraph 30 of Schedule 2 (amounts to be disregarded when calculating or estimating N and M)—

(a) for “Primary Care Trust” substitute “ clinical commissioning group ” , and

(b) after “voluntary organisation” insert “ or the National Health Service Commissioning Board ” .

Section 21 The Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992

In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (prescription for the purposes of jurisdiction)—

(a) after sub-paragraph (aa) insert—

(ab) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(ac) the National Health Service Commissioning Board;

(ad) the National Institute for Health and Care Excellence;

(ae) the Health and Social Care Information Centre;

(b) omit sub-paragraph (b), and

(c) omit sub-paragraph (da).

Section 22 The Residential Accommodation (Determination of District Health Authority) Regulations 1992

(1) Regulation 2 of the Residential Accommodation (Determination of District Health Authority) Regulations 1992 is amended as follows.

(2) In paragraph (1), for “or Primary Care Trust”, in each place where it occurs, substitute “ or clinical commissioning group ” .

(3) In paragraph (2)—

(a) for “or Primary Care Trust” substitute “ or clinical commissioning group ” , and

(b) for “or Primary Care Trust's”, in each place where it occurs, substitute “or clinical commissioning group's”.

Section 23 The Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992

In regulation 7A(2) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations (Northern Ireland) 1992 (prescription for the purposes of jurisdiction)—

(a) after sub-paragraph (e) insert—

(ea) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(eb) the National Health Service Commissioning Board;

(ec) the National Institute for Health and Care Excellence;

(ed) the Health and Social Care Information Centre;

(b) omit sub-paragraph (f).

Section 24 The Redundancy Payments (National Health Service) (Modification) Order 1993

After paragraph 2A of Schedule 1 to the Redundancy Payments (National Health Service) (Modification) Order 1993 (employment to which Order applies) insert—

(2B) a clinical commissioning group established under section 14D of the National Health Service Act 2006.

(2C) the National Health Service Commissioning Board.

(2D) the National Institute for Health and Care Excellence.

(2E) the Health and Social Care Information Centre.

Section 25 The Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994

In regulation 1(2) of the Health and Social Services Trusts (Membership and Procedure) Regulations (Northern Ireland) 1994 (interpretation), in the definition of “health service body”, after paragraph (a) insert—

(aa) the National Institute for Health and Care Excellence;

(ab) the Health and Social Care Information Centre;

Section 26 The National Health Service Litigation Authority Regulations 1995

(1) The National Health Service Litigation Authority Regulations 1995 are amended as follows.

(2) In regulation 1(2) (interpretation), in the definition of “health service body”, after “means” insert “ the National Institute for Health and Care Excellence, the Health and Social Care Information Centre, ” .

(3) In regulation 7(1) (disqualification for appointment)—

(a) in sub-paragraph (e), omit “a Primary Care Trust,”, and

(b) after sub-paragraph (e) insert—

(ea) he is the chair, chief executive or a member of the National Institute for Health and Care Excellence or the Health and Social Care Information Centre;

(4) This paragraph applies in relation to England only.

Section 27 The Jobseeker's Allowance Regulations 1996

(1) The Jobseeker's Allowance Regulations 1996 are amended as follows.

(2) In regulation 1(3) (interpretation), in the definition of “service user group”, after paragraph (f) insert—

(fa) the National Institute for Health and Care Excellence in consequence of a function under Part 8 of the Health and Social Care Act 2012,

(fb) a clinical commissioning group in consequence of a function under section 14Z2 of the National Health Service Act 2006,

(fc) the National Health Service Commissioning Board in consequence of a function under section 13Q of the National Health Service Act 2006,

(3) In paragraph 28 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

(a) after sub-paragraph (d) insert—

(da) a clinical commissioning group established under section 14D of National Health Service Act 2006;

(db) the National Health Service Commissioning Board; or

(b) omit sub-paragraph (e) (together with the “or” following it).

Section 28 The National Health Service (Existing Liabilities Scheme) Regulations 1996

(1) In regulation 3(a) of the National Health Service (Existing Liabilities Scheme) Regulations 1996 (eligible bodies), omit sub-paragraphs (zi), (iia) and (iv).

(2) The omission of regulation 3(a)(iv) of those Regulations by sub-paragraph (1) applies in relation to England only.

Section 29 The National Health Service (Appointment of Consultants) Regulations 1996

(1) The National Health Service (Appointment of Consultants) Regulations 1996 are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “Authority”, omit “a Strategic Health Authority, a Primary Care Trust,”.

(3) In regulation 5(1)(g) (exempt appointments)—

(a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ” , and

(b) for “or Agency” substitute “ , Agency or agency ” .

(4) In paragraph 2(b) of Schedule 1 (constitution of an advisory appointments committee), omit paragraphs (i) and (ia).

(5) Sub-paragraph (3) applies in relation to England only.

Section 30 The Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996

In article 1(2)(b) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996 (definition of health service employers), after paragraph (viia) insert—

(viib) a clinical commissioning group established under section 14D of the National Health Service Act 2006;

(viic) the National Health Service Commissioning Board;

(viid) the National Institute for Health and Care Excellence;

(viie) the Health and Social Care Information Centre;

Section 31 The National Health Service (Appointment of Consultants) (Wales) Regulations 1996

In regulation 5(1)(g) of the National Health Service (Appointment of Consultants) (Wales) Regulations 1996 (exempt appointments)—

(a) after “Act 2004,” insert “ or at Public Health England, an executive agency of the Department of Health, ” , and

(b) for “or Agency” substitute “ , Agency or agency ” .

Section 32 The Social Security Benefit (Computation of Earnings) Regulations 1996

(1) The Social Security Benefit (Computation of Earnings) Regulations 1996 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “claimant” insert—

“ clinical commissioning group ” means a body established under section 14D of the National Health Service Act 2006;

(b) omit the definition of “Primary Care Trust”.

(3) In paragraph 7 of Schedule 1 (sums to be disregarded in the calculation of earnings), for “or Primary Care Trust, local authority or voluntary organisation” substitute “ a clinical commissioning group, the National Health Service Commissioning Board, a local authority or a voluntary organisation ” .