House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 1 September 2011
2665

Health and Social Care (Re-Committed) Bill, continued

(ii)
for “paragraphs (a) to (h)”, in the second place where it occurs,

substitute “paragraphs (za) to (h)”.’.

Mr Secretary Lansley

315

Page  282,  line  17  [Schedule  4],  after ‘(2A)’, insert ‘—

( )
after paragraph (a) insert—

“(ab)
in relation to a company within paragraph (ha) of

subsection (2), means the company’s activities in

providing facilities or services to any person or

body;”, and’.

Mr Secretary Lansley

316

Page  282,  line  32  [Schedule  4],  leave out ‘In Schedule 4,’ and insert—

    ‘(1)
Schedule 4 (NHS trusts) is amended as follows.

      (2)
In paragraph (5)(1)(f), omit “Primary Care Trusts,”.

      (3)
In paragraph 6—

(a)
in sub-paragraph (1) —

(i)
omit “Strategic Health Authority,” and

(ii)
omit “, Primary Care Trust”, and

(b)
in sub-paragraph (2) —

(i)
omit “Strategic Health Authority,” and

(ii)
omit “, Primary Care Trust”.

      (4)
In paragraph 7(3), omit “Strategic Health Authority,”.

      (5)
In paragraph 8—

(a)
in sub-paragraph (1), omit “, Primary Care Trust” (in each place where

it occurs), and

(b)
in sub-paragraph (4), omit “, Primary Care Trust”,

(c)
in sub-paragraph (5), omit “, Primary Care Trust” (in each place where

it occurs),

(d)
in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e)
in sub-paragraph (9)(b), omit “, Primary Care Trust”.

      (6)
In paragraph 9—

(a)
in sub-paragraph (1)—

(i)
omit “a Strategic Health Authority,”, and

(ii)
omit “a Primary Care Trust,”,

(b)
in sub-paragraph (3)—

(i)
omit “Strategic Health Authority,”, and

(ii)
omit “Primary Care Trust,”,

(c)
in sub-paragraph (6)—

(i)
omit “a Strategic Health Authority,”, and

(ii)
omit “, a Primary Care Trust,”,

(d)
in sub-paragraph (7)—

(i)
in paragraph (a), omit “Strategic Health Authority,”,

(ii)
in that paragraph omit “or belong to a Primary Care Trust”,

and

(iii)
in the words following paragraph (b)—

(a)
omit “Strategic Health Authority,”, and

Notices of Amendments: 1 September 2011
2666

Health and Social Care (Re-Committed) Bill, continued

(b)
omit “Primary Care Trust,”.’.

Mr Secretary Lansley

317

Page  282,  line  32  [Schedule  4],  at end insert—

      ‘()
In paragraph 18—

(a)
omit “Strategic Health Authority,” and

(b)
omit “Primary Care Trust,”.

      ()
In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

      ()
In paragraph 30, in sub-paragraph (1)—

(a)
omit “Strategic Health Authority,” and

(b)
omit “Primary Care Trust,”.’.

Mr Secretary Lansley

318

Page  283,  line  34  [Schedule  4],  at end insert ‘(including by virtue of section 7A)’.

Mr Secretary Lansley

319

Page  284,  line  37  [Schedule  4],  at end insert—

‘( )
The reference in subsection (9) to arrangements made by the Board or (as the case

may be) a clinical commissioning group include references to arrangements so

made by virtue of section 7A.”’.

Mr Secretary Lansley

320

Page  296,  line  16  [Schedule  4],  after ‘(4A)(a)’ insert ‘—

(a)
’.

Mr Secretary Lansley

321

Page  296,  line  16  [Schedule  4],  after ‘Board”’ insert ‘, and

(b)
for “to persons who provide” substitute “for providing”.’.

Mr Secretary Lansley

322

Page  302,  line  21  [Schedule  4],  leave out paragraph (c) and insert—

‘(c)
for paragraph (d) substitute —

“(d)
in any other case—

(i)
where the hospital is vested in the Secretary of

State, the Special Health Authority exercising

functions of the Secretary of State in respect of

it or, where there is no such Special Health

Authority, the Secretary of State,

(ii)
where the Welsh Ministers have functions in

respect of the hospital, the Special Health

Authority or Local Health Board exercising

those functions.”’.

Notices of Amendments: 1 September 2011
2667

Health and Social Care (Re-Committed) Bill, continued

Mr Secretary Lansley

323

Page  303,  line  42  [Schedule  4],  at end insert ‘or

(iii)
pursuant to arrangements made in the exercise (by any person) of

the public health functions of the Secretary of State or a local

authority.”’.

Mr Secretary Lansley

324

Page  305,  line  32  [Schedule  4],  at end insert—

‘
In section 271 (territorial limit of exercise of functions), in the words in

brackets in subsection (3)(a), after “directions to” insert “certain”.’.

Mr Secretary Lansley

325

Page  305,  line  32  [Schedule  4],  at end insert—

‘
After section 271 insert—

“271A
Services to be treated as services of the Crown for certain purposes

(1)
Services to which this section applies are to be treated as services of

the Crown for the purposes of—

(a)
Schedule 1 to the Registered Designs Act 1949 (provisions as

to the use of registered designs for the services of the Crown

etc.), and

(b)
sections 55 to 59 of the Patents Act 1977 (use of patented

inventions for the services of the Crown).

(2)
This section applies to services provided in pursuance of—

(a)
the functions of the Board or a clinical commissioning group

under section 3, 3A, 3B or 4 or Schedule 1, or

(b)
the public health functions of a local authority.”’.

Mr Secretary Lansley

326

Page  305,  line  34  [Schedule  4],  after ‘(3)’, insert ‘—

(a)
omit paragraph (b), and’.

Mr Secretary Lansley

327

Page  305,  line  40  [Schedule  4],  after ‘(4)(c)(ii)’, insert ‘—

(a)
after “8,” insert “13Z1,”, and’.

Mr Secretary Lansley

328

Page  306,  line  21  [Schedule  4],  at end insert—

      ‘()
Until the commencement of section 29, the definition of “NHS body” in

section 275 of the National Health Service Act 2006 has effect as if it included

a reference to a Strategic Health Authority.’.

Mr Secretary Lansley

329

Page  310,  line  5  [Schedule  5],  at end insert ‘the Secretary of State,’.

Notices of Amendments: 1 September 2011
2668

Health and Social Care (Re-Committed) Bill, continued

Mr Secretary Lansley

330

Page  310,  line  15  [Schedule  5],  after ‘(2)’, insert ‘(as substituted by the National

Health Service Reorganisation Act 1973)’.

Mr Secretary Lansley

331

Page  310,  line  45  [Schedule  5],  at end insert—

‘Local Government Act 1974 (c. 7)


In section 26 of the Local Government Act 1974 (matters subject to

investigation by Local Commissioner), in subsection (1), after paragraph (c)

insert—

“(d)
an alleged or apparent failure in a service provided by the

authority in pursuance of arrangements under section 7A of

the National Health Service Act 2006;

(e)
an alleged or apparent failure to provide a service in

pursuance of such arrangements.”’.

Mr Secretary Lansley

332

Page  312,  line  37  [Schedule  5],  at end insert—

‘( )
after “the National Health Service (Wales) Act 2006,” (in the

second place where it occurs) insert “the Secretary of State

where the Secretary is responsible for the administration of

the hospital or”,’.

Mr Secretary Lansley

333

Page  313,  line  11  [Schedule  5],  leave out from ‘(2)(aa)’ to end of line 13 and insert

‘—

(a)
omit “under section 92 of the National Health Service Act 2006 or”,

(b)
after “section 100” insert “of the National Health Service Act 2006 or

an agreement under section 107”,

(c)
omit “under section 50 of the National Health Service (Wales) Act

2006 or”, and

(d)
after “section 57” insert “of the National Health Service (Wales) Act

2006 or an agreement under section 64”.’.

Mr Secretary Lansley

334

Page  315,  line  3  [Schedule  5],  after ‘insert “’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

335

Page  315,  line  11  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

336

Page  315,  line  18  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Notices of Amendments: 1 September 2011
2669

Health and Social Care (Re-Committed) Bill, continued

Mr Secretary Lansley

337

Page  315,  line  32  [Schedule  5],  after ‘insert “’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

338

Page  315,  line  47  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

339

Page  316,  line  6  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

340

Page  316,  line  16  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

341

Page  316,  line  20  [Schedule  5],  after ‘to’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

342

Page  316,  line  29  [Schedule  5],  at end insert—

      ‘()
After subsection (7) insert—

“(7A)
References in this Act to a hospital or accommodation made available

or provided pursuant to arrangements made by the Secretary of State

under the National Health Service Act 2006 are references to a

hospital or accommodation made available or provided pursuant to

arrangements so made in the exercise of the public health functions of

the Secretary of State (within the meaning of that Act).

(7B)
References in this Act to arrangements made by the National Health

Service Commissioning Board or a clinical commissioning group

under the National Health Service Act 2006 include references to

arrangements so made by virtue of section 7A of that Act.”’.

Mr Secretary Lansley

343

Page  316,  line  40  [Schedule  5],  after ‘services’, insert ‘(including services that may

be provided pursuant to such arrangements by virtue of section 7A of that Act)’.

Mr Secretary Lansley

344

Page  317,  line  31  [Schedule  5],  leave out from ‘substitute’ to end of line 33 and

insert ‘“by any person in pursuance of arrangements made by the National Health Service

Commissioning Board or by a clinical commissioning group under the National Health

Service Act 2006 (including by virtue of section 7A of that Act)”.’.

Mr Secretary Lansley

345

Page  318,  line  22  [Schedule  5],  at end insert—

‘
The Health Service Commissioners Act 1993 is amended as follows.


In section 2 (health service bodies subject to investigation), in subsection (1)—

Notices of Amendments: 1 September 2011
2670

Health and Social Care (Re-Committed) Bill, continued

(a)
omit paragraph (a),

(b)
omit paragraph (da), and

(c)
after paragraph (db) insert—

“(dc)
the National Health Service Commissioning Board,

(dd)
clinical commissioning groups.”’.


In section 2A (health service providers subject to investigation), in subsection

(1)(a) for “a Primary Care Trust” substitute “the National Health Service

Commissioning Board”.

    (1)
Section 14 (reports etc. by the Commissioner) is amended as follows.

      (2)
In subsection (1)—

(a)
at the end of paragraph (c) insert “and”, and

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

      (3)
In subsection (2A)—

(a)
at the end of paragraph (d) insert “and”, and

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

      (4)
In subsection (2C)—

(a)
at the end of paragraph (d) insert “and”, and

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

      (5)
Omit subsection (2E)(e).

      (6)
In subsection (2G)—

(a)
at the end of paragraph (c) insert “and”, and

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

Mr Secretary Lansley

346

Page  318,  line  23  [Schedule  5],  leave out ‘of the Health Service Commissioners

Act 1993’.

Mr Secretary Lansley

347

Page  322,  line  36  [Schedule  5],  at end insert—

‘Regulation of Investigatory Powers Act 2000 (c. 23)


In section 4 of the Regulation of Investigatory Powers Act 2000 (power to

provide for lawful interception) in subsection (5) for “section 8 of the National

Health Service Act 2006” substitute “section 4(3A)(a) of the National Health

Service Act 2006”.’.

Mr Secretary Lansley

348

Page  323,  line  29  [Schedule  5],  after ‘2006’, insert ‘(including by virtue of section

7A of that Act)’.

Mr Secretary Lansley

349

Page  325,  line  16  [Schedule  5],  at end insert—

‘
In section 113 (complaints about health care), in subsection (1), after

paragraph (c) insert—

“(d)
anything done by the National Health Service Commissioning

Board or a clinical commissioning group in pursuance of

Notices of Amendments: 1 September 2011
2671

Health and Social Care (Re-Committed) Bill, continued

arrangements made under section 7A of the National Health

Service Act 2006.”’.

Mr Secretary Lansley

350

Page  326,  line  17  [Schedule  5],  at end insert—

‘“( )
the Secretary of State, in relation to the exercise of functions under

section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the

National Health Service Act 2006,’.

Mr Secretary Lansley

351

Page  327,  line  18  [Schedule  5],  at end insert—

‘Civil Contingencies Act 2004 (c. 36)

    (1)
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2

responders) is amended as follows.

      (2)
In Part 1 (which contains the general list of Category 1 responders)—

(a)
after the cross-heading “Health” insert—

“4A
The National Health Service Commissioning Board.”, and

(b)
omit paragraph 7.

      (3)
In Part 3 (which contains the general list of Category 2 responders)—

(a)
after the cross-heading “Health” insert—

“29ZA
A clinical commissioning group established under section

14D of the National Health Service Act 2006.”, and

(b)
omit paragraph 29A.’.

Mr Secretary Lansley

352

Page  327,  line  45  [Schedule  5],  leave out ‘and’ and insert—

‘( )
after that paragraph insert—

“(aa)
in relation to England, if the hospital falls within

paragraph (a)(i) or (ii) and no Special Health

Authority has responsibility for its administration,

the Secretary of State;”,’.

Mr Secretary Lansley

353

Page  331,  line  9  [Schedule  5],  after ‘networks)’ insert ‘—

(a)
for “services-provider”, in each place it appears, substitute “responsible

person”,

(b)
in subsection (2), before paragraph (a) insert—

“(za)
the National Health Service Commissioning Board;

(zb)
a clinical commissioning group;”,

(c)
’.

Mr Secretary Lansley

354

Page  331,  line  9  [Schedule  5],  at end insert ‘, and



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