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Health and Social Care Bill

236B: Clause 37, leave out Clause 37 and insert the following new Clause— ““After-care (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows. (2) In subsection (2)— (a) after ““duty of the”” insert ““clinical commissioning group or””, (b) omit ““Primary Care Trust or”” in each place it appears, (c) for ““such time as the”” substitute ““such time as (in relation to England) the clinical commissioning group or””. (3) After subsection (2C) insert— ““(2D) Subsection (2) above, in its application to the clinical commissioning group, has effect as if for ““to provide”” there were substituted ““to arrange for the provision of””. (2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) above is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board. (2F) Where regulations under subsection (2E) above provide that the duty imposed by subsection (2) above is to be imposed on the National Health Service Commissioning Board, subsections (2D) and (2E) above have effect as if references to the clinical commissioning group were references to the National Health Service Commissioning Board. (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) above as it applies to a power to make regulations under that Act.”” (4) In subsection (3)— (a) after ““section ““the”” insert ““clinical commissioning group or””, (b) omit ““Primary Care Trust or”” in each place it appears, and (c) after ““means the””, in the first place it appears, insert ““clinical commissioning group or””. (5) In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of the Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.””