House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 1 September 2011
2756

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

Requirements as to transparency

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC10

To move the following Clause:—

‘(1)
Regulations may impose requirements on the National Health Service

Commissioning Board and clinical commissioning groups for the purpose of

ensuring that they are open and transparent in their decisions in commissioning

health services for the purpose of the NHS.

(2)
Regulations under this section may in particular impose requirements relating

to—

(a)
the imposition of minimum waiting times for patients,

(b)
the imposition of clinical thresholds that a patient must reach before

being eligible for treatment.

(3)
The regulations may provide for the requirements imposed, or such of them as are

prescribed, not to apply in relation to arrangements of a prescribed description.’.

Financial duties on clinical commissioning groups: administrative costs

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC11

To move the following Clause:—

‘After section 223K of the National Health Service Act 2006 insert—

“223L
Financial duties on clinical commissioning groups: administrative

costs

(1)
The Board must direct clinical commissioning groups to ensure that their

expenditure on administrative costs does not exceed a prescribed

percentage of their resource.

(2)
The Board must ensure that the total national limit on clinical

commissioning groups expenditure on administrative costs in any year

from April 2014 does not exceed 55 per cent. of the total spent on

administrative costs by primary care trusts in the financial year 2009-

10.”’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1167

Page  24,  line  16  [Clause  20],  at end insert—

Notices of Amendments: 1 September 2011
2757

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

‘Duty to reduce bureaucracy

1322A
Duty to reduce bureaucracy

(1)
The Board must exercise its powers so as to reduce administrative costs in the

NHS.

(2)
For that purpose the Board must exercise its duties under 14A and 14C to ensure

that at no time there exist more clinical commissioning groups than there were

primary care trusts on 1 April 2011.’.

Secretary of State’s duty as to education and training

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC12

To move the following Clause:—

‘After section 1F of the National Health Service Act 2006 insert—

“1G
Secretary of State’s duty as to education and training

For the purposes of improving the quality of patient care, the Secretary

of State has a duty to maintain a comprehensive, multi-professional

education and training system for health professionals and to ensure the

continued professional development of all staff delivering NHS

services.”’.

Providers’ duty as to education and training

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC13

To move the following Clause:—

‘For the purposes of improving the quality of patient care, all providers of

services for the purposes of the health service have a duty to contribute towards

the maintenance of a comprehensive, multi-professional education and training

system for health professionals and to ensure the continued professional

development of all their staff delivering health services.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1168

Page  32,  line  3  [Clause  22],  after ‘it’, insert ‘having due regard to the NHS pay

scales agreed following recommendations by the NHS Pay Review Body and the Doctors’

and Dentists’ Pay Review Body.’.

Notices of Amendments: 1 September 2011
2758

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

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1169

Page  2,  line  38  [Clause  3],  leave out from ‘State’ to end of line 40 and insert ‘so far

as is consistent with the interests of the health service, must exercise the functions

conferred by this Act so as to secure—

(a)
that inequalities between the people of England with respect to the

benefits that they can obtain from the Health service are reduced, and

(b)
a continuous reduction of inequalities between the people of England

with respect to the outcomes achieved for them.

(2)
The Secretary of State must publish and lay before Parliament an annual report

detailing the progress which has been achieved in discharging this duty, and the

means by which the Secretary of State intends to fulfil this function in the

following year.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1170

Page  278  [Schedule  4],  leave out lines 35 and 36 and insert—

‘(a)
omit “Strategic Health Authorities” and insert after “(a)”— “the National

Health Service Commissioning Board”, and

(b)
omit “Primary Care Trusts” and insert after “(b)” — “Clinical

Commissioning Groups”.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1171

Page  42,  line  23  [Clause  22],  at end insert—

‘(3)
If in the Board’s opinion, having considered any opinion submitted to it by a

Health and Wellbeing Board under 14Z12(1)(a), the plan published by the

clinical commissioning group does not take proper account of each joint health

and wellbeing strategy published by the Health and Wellbeing Board which

relates to the period (or any part of the period) to which the plan relates, the Board

must instruct the clinical commissioning group to revise its plans under

14Z10(1).’.

Nick de Bois

1172

Page  9,  line  35  [Clause  14],  after ‘blood’, insert ‘, haematopoietic stem cells’.

Nick de Bois

1173

Page  9,  line  37  [Clause  14],  after ‘tissue’, insert ‘haematopoietic stem cell’.

Notices of Amendments: 1 September 2011
2759

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

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1174

Page  2,  line  10  [Clause  1],  after ‘services’, insert ‘so’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1175

Page  2,  line  10  [Clause  1],  leave out ‘as part of the health service in England’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1176

Page  2,  line  7  [Clause  1],  leave out subsection (2) and insert—

‘(2)
The Secretary of State must for that purpose provide or secure the provision of

services in accordance with this Act.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1177

Page  2,  line  12  [Clause  1],  at end insert—

‘(4)
For the purposes of this Act “the health service in England” is defined as those

services provided under section 3 of this Act.’.

Duties of clinical commissioning groups as to persons for whom they are responsible

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC14

To move the following Clause:—

‘After section 3B of the National Health Service Act 2006 insert—

“3C
Duties of clinical commissioning groups as to persons for whom they

are responsible

(1)
A clinical commissioning group has responsibility for persons who

usually reside in the clinical commissioning group’s area.

(2)
Regulations may provide that for the purposes of this section a clinical

commissioning group also has responsibility (whether generally or in

relation to a prescribed service or facility) for persons who—

(a)
were provided with primary medical services by a person who is

or was a member of the clinical commissioning group,

Notices of Amendments: 1 September 2011
2760

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

(b)
have a prescribed connection with the clinical commissioning

group’s area, or

(c)
are provided with primary medical services by a member of the

clinical commissioning group.

(3)
The power conferred by section 3(1B)(b) must be exercised so as to

provide that, in relation to the provision of services or facilities for

emergency care, a clinical commissioning group has responsibility for

every person present in its area.

(4)
Regulations may provide that section 3(1A) does not apply—

(a)
in relation to persons of a prescribed description (which may

include a description framed by reference to the primary medical

services with which the persons are provided);

(b)
in prescribed circumstances.

(5)
The duty in subsection (1) does not apply in relation to a service or

facility if the Board has a duty to arrange for its provision.”.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1178

Page  7,  line  15  [Clause  11],  leave out from ‘Subsections’ to ‘apply’ and insert ‘(1),

(3) and (4) of section 3C’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

1179

Page  91,  line  43,  leave out Clause 70.

Requirements on Board and clinical commissioning groups

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

NC15

To move the following Clause:—

‘(1)
Regulations may impose requirements on the National Health Service

Commissioning Board and clinical commissioning groups for the purpose of

securing that, in commissioning health care services for the purposes of the NHS,

they—

(a)
adhere to good practice in relation to procurement;

(b)
protect and promote the right of patients to make choices with respect to

treatment; and

(c)
promote collaboration and integration in the provision of health care

services in the interests of people who use such services.

(2)
Requirements imposed by regulations under this section apply to an arrangement

for the provision of goods and services only if the value of the consideration

attributable to the services is greater than that attributable to the goods.

Notices of Amendments: 1 September 2011
2761

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

(3)
Regulations under this section may, in particular, impose requirements relating

to—

(a)
tendering for the provision of services; and

(b)
the management of conflicts between the interests involved in

commissioning services and the interests involved in providing them.

(4)
The regulations may provide for the requirements imposed, or such of them as are

prescribed, not to apply in relation to arrangements of a prescribed description.’.

Distribution of health service functions

Andrew George

NC16

To move the following Clause:—

‘(1)
The Secretary of State may direct the NHS Commissioning Board, or a clinical

commissioning group, to exercise any of his functions relating to the health

service which are specified in the directions.

(2)
The functions which may be specified in directions include functions under

enactments relating to mental health and care homes.’.

Secretary of State’s directions to health service bodies

Andrew George

NC17

To move the following Clause:—

‘(1)
The Secretary of State may give directions to any of the bodies mentioned in

subsection (2) about its exercise of any functions.

(2)
The bodies are—

(a)
the NHS Commissioning Board; and

(b)
clinical commissioning groups.

(3)
Nothing in provisions made by or under this or any other Act affects the

generality of subsection (1).’.



© Parliamentary copyright	Revised 2 September 2011