House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 1 September 2011
2672

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

( )
in the title, for “services-providers” substitute “responsible persons”.

Mr Secretary Lansley

355

Page  333,  line  24  [Schedule  5],  leave out ‘or 12’.

Mr Secretary Lansley

356

Page  335,  line  45  [Schedule  5],  at end insert—

‘
In section 36 (disclosure of information by Her Majesty’s Revenue and

Customs), in subsection (3) after paragraph (a) insert—

“(aa)
the National Health Service Commissioning Board;”.’.

Mr Secretary Lansley

357

Page  336,  line  36  [Schedule  6],  at end insert—

‘Modification of requirements as to consultation

    (1)
If, at any time before the commencement of section 6, the Secretary of State

consults a Special Health Authority as to the making of regulations under

section 3B of the 2006 Act (as inserted by section 12), the consultation is to be

treated for the purposes of subsection (4)(b) of section 3B as consultation with

the Board.

      (2)
If, at any time before the commencement of section 6, the Secretary of State

consults a Special Health Authority about the objectives or requirements to be

included in the first mandate published under section 13A of the 2006 Act (as

inserted by section 20), the consultation is to be treated for the purposes of

subsection (8)(a) of section 13A as consultation with the Board.’.

Mr Secretary Lansley

358

Page  336,  line  37  [Schedule  6],  at end insert—

‘1A(1)
This paragraph applies if section 18 is commenced before section 29(1).

      (2)
Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if

after “Special Health Authority” there were inserted “or Strategic Health

Authority”.

      (3)
Sub-paragraph (4) applies in relation to any direction given under section 7(1)

of the 2006 Act to a Strategic Health Authority which has effect immediately

before section 18 is commenced.

      (4)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Strategic Health Authority under section 7(1) of the 2006 Act (as

it has effect by virtue of sub-paragraph (2)).

      (5)
Sub-paragraph (6) applies in relation to any direction given under section 7(2)

of the 2006 Act to a Special Health Authority in respect of the functions of a

Strategic Health Authority which has effect immediately before section 18 is

commenced.

      (6)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Special Health Authority in respect of the functions of the

Strategic Health Authority under section 7(1) of the 2006 Act.

      (7)
Any reference in this paragraph to section 7(1) of the 2006 Act is a reference

to that provision as amended by section 18.’.

Notices of Amendments: 1 September 2011
2673

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

Mr Secretary Lansley

359

Page  337,  line  24  [Schedule  6],  at end insert—

‘
Any reference in paragraphs 1A to 3 to the commencement of section 18 is to

its commencement by virtue of an order under section 304(4) (and not to its

commencement for limited purposes by virtue of section 304(1)(d)).’.

Mr Secretary Lansley

360

Page  337,  line  28  [Schedule  6],  after “Trusts”, insert “or Strategic Health

Authorities’.

Mr Secretary Lansley

361

Page  339,  line  14  [Schedule  6],  at end insert—

      ‘()
Any reference (however expressed) in the following provisions of Chapter A2

of Part 2 of the National Health Service Act 2006 to the functions of a clinical

commissioning group includes a reference to the functions of a Primary Care

Trust that are exercisable by the group by virtue of sub-paragraph (1)—

(a)
section 14O(1),

(b)
section 14P,

(c)
section 14Q(1),

(d)
section 14S(1),

(e)
section 14T(1),

(f)
section 14U(1),

(g)
section 14V(1),

(h)
section 14W(1),

(i)
section 14X,

(j)
section 14Y(1) and (2),

(k)
section 14Z1(7).

(l)
section 14Z2(1),

(m)
section 14Z3(2),

(n)
section 14Z5(7) insofar as it defines “commissioning functions” in

section 14Z6,

(o)
sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),

(p)
in Schedule 1A, paragraphs 3(1) and (3), 5 and 11(6)(b).’.

Mr Secretary Lansley

362

Page  339,  line  14  [Schedule  6],  at end insert—

      ‘()
Arrangements made under sub-paragraph (1) do not affect the liability of the

Primary Care Trust for the exercise of any of its functions.’.

Mr Secretary Lansley

363

Page  339,  line  14  [Schedule  6],  at end insert—

‘Power to make payments to the Board during initial period

    (1)
The Secretary of State may make payments to the Board of such amounts as

the Secretary of State considers appropriate towards meeting the expenditure

Notices of Amendments: 1 September 2011
2674

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

of the Board which is attributable to the performance by it of its functions

during the initial period.

      (2)
Payments under sub-paragraph (1) may be made at such times and on such

terms and conditions as the Secretary of State considers appropriate.’.

Mr Secretary Lansley

364

Page  339,  line  14  [Schedule  6],  at end insert—

‘Support for clinical commissioning groups during initial period

    (1)
A Primary Care Trust may provide assistance or support to a clinical

commissioning group during the initial period.

      (2)
The assistance that may be provided includes—

(a)
financial assistance, and

(b)
making the services of the Trust’s employees or any other resources of

the Trust available to the group.

      (3)
Assistance or support provided under this paragraph may be provided on such

terms and conditions, including terms as to payment, as the Trust considers

appropriate.

      (4)
The Primary Care Trust may, in particular, impose restrictions on the use of

any financial or other assistance or support provided under this paragraph.

      (5)
A clinical commissioning group must comply with any restrictions imposed

under sub-paragraph (4).’.

Mr Secretary Lansley

365

Page  341,  line  8  [Schedule  7],  at end insert—

‘Civil Contingencies Act 2004 (c. 36)


In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category

1 responders) for paragraph 9 substitute—

“9
The 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 54 of the

Health and Social Care Act 2011 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.”’.

Mr Secretary Lansley

366

Page  367,  line  31  [Schedule  13],  at end insert—

Notices of Amendments: 1 September 2011
2675

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

‘Equality Act 2010 (c.15)


In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public

sector equality duty), for the entry for the Independent Regulator of NHS

Foundation Trusts substitute “Monitor”.’.

Mr Secretary Lansley

367

Page  368,  line  26  [Schedule  14],  leave out from ‘section’ to end of line 27 and

insert ‘56 (mergers of NHS foundation trusts)—

(a)
in subsection (1)(b) (as amended by section 171(1)(a)), omit “or an NHS

trust established under section 25”’.

Mr Secretary Lansley

368

Page  368,  line  27  [Schedule  14],  at end insert ‘, and

(b)
in subsection (1A) (as inserted by section 171(2)), omit “(that is an NHS

foundation trust)”.’.

Mr Secretary Lansley

369

Page  368,  line  28  [Schedule  14],  leave out from ‘section’ to end of line 30 and

insert ‘56A (acquisitions of NHS foundation trusts) (as inserted by section 172)—

(a)
in subsection (1)(b), omit “or an NHS trust established under section

25”’.

Mr Secretary Lansley

370

Page  368,  line  30  [Schedule  14],  at end insert ‘, and

(b)
in subsection (2), omit “(that is an NHS foundation trust)”.’.

Mr Secretary Lansley

371

Page  368,  line  40  [Schedule  14],  leave out paragraph 13 and insert—

‘13(1)
Omit section 65B (appointment of trust special administrator in relation to

NHS trust).

      (2)
In consequence of that repeal, omit section 177(1A) of this Act.’.

Mr Secretary Lansley

372

Page  368,  line  43  [Schedule  14],  at end insert—

‘13A
Omit section 65C (suspension of directors of NHS trust).

13B(1)
Section 65F (special administrator’s draft report) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (2)(b)—

(a)
omit “goods or”, and

(b)
for “the Secretary of State” substitute “the regulator”.

      (4)
After subsection (2) insert—

“(2A)
The administrator may not provide the draft report to the regulator

under subsection (1)—

Notices of Amendments: 1 September 2011
2676

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

(a)
without having obtained from each commissioner a statement

that the commissioner considers that the recommendation in

the draft report would achieve the objective set out in section

65DA, or

(b)
where the administrator does not obtain a statement to that

effect from one or more commissioners (other than the

Board), without having obtained a statement to that effect

from the Board.

(2B)
Where the Board decides not to provide to the administrator a

statement to that effect, the Board must—

(a)
give a notice of the reasons for its decision to the administrator

and to the regulator;

(b)
publish the notice;

(c)
lay a copy of it before Parliament.

(2C)
In subsection (2A), “commissioner” means a person to which the trust

provides services under this Act.”

      (5)
In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (6)
Omit subsections (4) to (7).

      (7)
In consequence of those repeals, omit section 178(2) of this Act.

13C
In section 65G (consultation plan), in subsection (4), omit “In the case of an

NHS foundation trust,”.

13D(1)
Section 65H (consultation on draft report) is amended as follows.

      (2)
In subsection (7)—

(a)
in paragraph (b), omit “goods or”, and

(b)
in paragraphs (c) and (d), for “the Secretary of State” substitute “the

regulator”.

      (3)
In subsection (10), for “The Secretary of State” substitute “The regulator”.

      (4)
After that subsection insert —

“(10A)
The Secretary of State may direct the regulator as to persons from

whom it should direct the administrator under subsection (10) to

request or seek a response.”

      (5)
Omit subsections (12) and (13).

      (6)
In consequence of those repeals, omit section 178(5) of this Act.

13E(1)
Section 65I (administrator’s final report) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (3), for “the Secretary of State” substitute “the regulator”.

      (4)
Omit subsection (4).

      (5)
In consequence of that repeal, omit section 178(6) of this Act.

13F(1)
Section 65J (power to extend time limits) is amended as follows.

      (2)
In subsection (2), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
Omit subsection (5).

      (4)
In consequence of that repeal, omit section 178(7) of this Act.

13G(1)
Omit section 65K (decision on action to take in relation to the trust) and the

preceding cross-heading.

      (2)
In consequence of those repeals, omit section 179(1) of this Act.

13H(1)
Section 65KA (regulator’s decision in case of NHS foundation trust) is

amended as follows.

Notices of Amendments: 1 September 2011
2677

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

      (2)
In subsection (1), omit “relating to an NHS foundation trust”.

      (3)
In subsection (5), for “the trust” substitute “the NHS foundation trust in

question”.

      (4)
For the title to that section substitute “The regulator’s decision”.

      (5)
Before that section, insert as a cross-heading “Action by the regulator and the

Secretary of State”.

13I(1)
Section 65L (trusts coming out of administration) is amended as follows.

      (2)
In subsection (1)—

(a)
for “65K” substitute “65KB(2) or 65KD(2) or (9)”, and

(b)
for “the trust” substitute “the NHS foundation trust in question”.

      (3)
In subsection (2)—

(a)
for “The Secretary of State” substitute “The regulator”, and

(b)
for “and directors” substitute “, directors and governors”.

      (4)
Omit subsections (2A), (2B) and (6).

      (5)
In consequence of the repeal of subsections (2A) and (2B) of that section, omit

section 179(2) of this Act.

13J(1)
Section 65M (replacement of special administrator) is amended as follows.

      (2)
In subsection (1), for “the Secretary of State”, in each place it appears,

substitute “the regulator”.

      (3)
In subsection (2), for “the Secretary of State” substitute “the regulator”.

      (4)
Omit subsection (3).

      (5)
In consequence of that repeal, omit section 180(1) of this Act.

13K(1)
Section 65N (guidance) is amended as follows.

      (2)
In subsection (1), for “The Secretary of State” substitute “The regulator”.

      (3)
Omit subsection (4).

      (4)
In consequence of that repeal, omit section 180(2) of this Act.’.

Mr Secretary Lansley

373

Page  378,  line  21  [Schedule  15],  at end insert—

    ‘(5)
The regulations may impose duties on a responsible person as respects

responding to requests for information made by a person who has power to

appoint a member of an LHW when discharging the duty imposed by virtue of

sub-paragraph (3).

      (6)
In sub-paragraph (5), “responsible person” means a responsible person for the

purposes of section 224(1).’.

Mr Secretary Lansley

374

Page  381,  line  25  [Schedule  16],  at end insert—

‘
Omit section 70 (abolition of the Central Council for Education and Training

in Social Work).’.

Mr Secretary Lansley

375

Page  381,  line  28  [Schedule  16],  at end insert—

‘
In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.


In section 118 (orders and regulations), in subsection (4), omit the words from

“; and” to the end.

Notices of Amendments: 1 September 2011
2678

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


In section 121 (interpretation), in the table in subsection (13), omit the entry

for “CCETSW”.


In section 122 (commencement), omit “section 70(2) to (5) and”.


In section 123 (extent), omit subsection (3).’.

Mr Secretary Lansley

376

Page  384,  line  41  [Schedule  16],  at end insert—

‘
In section 171(4) (provisions which Welsh Ministers have power to

commence), before paragraph (a) insert—

“(za)
sections 124 and 125 and Schedule 9 (regulation of social care

workers: Wales) and section 126 (education and training of

approved mental health professionals: Wales),’.

Mr Secretary Lansley

377

Page  386,  line  39  [Schedule  16],  leave out paragraph 53.

Mr Secretary Lansley

378

Page  388,  line  7  [Schedule  16],  at end insert—

‘
Omit section 26(12) of that Act.’.

Mr Secretary Lansley

379

Page  388,  line  33  [Schedule  16],  leave out paragraph (e).

Mr Secretary Lansley

380

Page  397,  line  5  [Schedule  18],  at beginning insert—

    ‘(1)
The Employment Rights Act 1996 is amended as follows.

      (2)
In section 50 (right to time off for public duties) in subsection (8), after

paragraph (ab) insert—

“(ac)
the National Institute for Health and Care Excellence,”.’.

Mr Secretary Lansley

381

Page  397,  line  5  [Schedule  18],  leave out ‘of the Employment Rights Act 1996’.

Mr Secretary Lansley

382

Page  397,  line  7  [Schedule  18],  at end insert—

‘Data Protection Act 1998 (c. 29)


In section 69 of the Data Protection Act 1998 (meaning of “health

professional”) in subsection (3), after paragraph (fa) insert—

“(fb)
the National Institute for Health and Care Excellence,”.’.

Mr Secretary Lansley

383

Page  404,  line  5  [Schedule  20],  at end insert—



© Parliamentary copyright	Revised 2 September 2011