House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

2783

House of Commons

Notices of Amendments

given up to and including

Friday 2 September 2011

New Amendments handed in are marked thus

Consideration of Bill

Health and Social Care (Re-Committed) Bill, As Amended

New Clauses

Complaints about exercise of public health functions by local authorities

Mr Secretary Lansley

NC1

To move the following Clause:—

‘In Part 3 of the National Health Service Act 2006 (local authorities and the NHS)

after section 73B insert—

“73C
Complaints about exercise of public health functions by local

authorities

(1)
Regulations may make provision about the handling and consideration of

complaints made under the regulations about —

(a)
the exercise by a local authority of any of its public health

functions;

(b)
the exercise by a local authority of its functions by virtue of

section 6C;

(c)
anything done by a local authority in pursuance of arrangements

made under section 7A;

(d)
the exercise by a local authority of any of its other functions—

(i)
which relate to public health, and

(ii)
for which its director of public health has responsibility;

(e)
the provision of services by another person in pursuance of

arrangements made by a local authority in the exercise of any

function mentioned in paragraphs (a) to (d).

(2)
The regulations may provide for a complaint to be considered by one or

more of the following—

(a)
the local authority in respect of whose functions the complaint is

made;

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

(b)
an independent panel established under the regulations;

(c)
any other person or body.

(3)
The regulations may provide for a complaint or any matter raised by a

complaint—

(a)
to be referred to a Local Commissioner under Part 3 of the Local

Government Act 1974 for the Commissioner to consider whether

to investigate the complaint or matter under that Part;

(b)
to be referred to any other person or body for that person or body

to consider whether to take any action otherwise than under the

regulations.

(4)
Where the regulations make provision under subsection (3)(a) they may

also provide for the complaint to be treated as satisfying sections 26A and

26B of the Act of 1974.

(5)
Section 115 of the Health and Social Care (Community Health and

Standards) Act 2003 (health care and social services complaints

regulations: supplementary) applies in relation to regulations under this

section as it applies in relation to regulations under subsection (1) of

section 113 of that Act.

(6)
In this section, “local authority” has the same meaning as in section

2B.”’.

Conditions relating to the continuation of the provision of services etc.

Mr Secretary Lansley

NC2

To move the following Clause:—

‘(1)
The things which a licence holder may be required to do by a condition under

section 104(1)(i)(i) include, in particular—

(a)
providing information to the commissioners of services to which the

condition applies and to such other persons as Monitor may direct,

(b)
allowing Monitor to enter premises owned or controlled by the licence

holder and to inspect the premises and anything on them, and

(c)
co-operating with such persons as Monitor may appoint to assist in the

management of the licence holder’s affairs, business and property.

(2)
A commissioner of services to which a condition under section 104(1)(i), (j) or

(k) applies must co-operate with persons appointed under subsection (1)(c) in

their provision of the assistance that they have been appointed to provide.

(3)
Where a licence includes a condition under section 104(1)(i), (j) or (k), Monitor

must carry out an ongoing assessment of the risks to the continued provision of

services to which the condition applies.

(4)
Monitor must publish guidance—

(a)
for commissioners of a service to which a condition under section

104(1)(i), (j) or (k) applies about the exercise of their functions in

connection with the licence holders who provide the service, and

(b)
for such licence holders about the conduct of their affairs, business and

property at a time at which such a condition applies.

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

(5)
A commissioner of services to which a condition under section 104(1)(i), (j), or

(k) applies must have regard to guidance under subsection (4)(a).

(6)
Monitor may revise guidance under subsection (4) and, if it does so, must publish

the guidance as revised.

(7)
Before publishing guidance under subsection (4) or (6), Monitor must obtain the

approval of—

(a)
the Secretary of State, and

(b)
the National Health Service Commissioning Board.’.

Duration of transitional period

Mr Secretary Lansley

NC3

To move the following Clause:—

‘(1)
Section 117 ceases to have effect in relation to an NHS foundation trust on 1 April

2016 unless—

(a)
before that date, the Secretary of State provides by order for that section

to continue to have effect in relation to the trust, or

(b)
the trust was authorised after 1 April 2014.

(2)
An order under this section may provide that section 117 is to continue to have

effect for such period as is specified—

(a)
in relation to all NHS foundation trusts, or

(b)
in relation only to such NHS foundation trusts as are specified.

(3)
But an order under this section may not apply to a trust in relation to which section

117 has, by virtue of a previous order under this section, ceased to have effect.

(4)
A period specified for the purposes of subsection (2)—

(a)
must begin with the day on which section 117 would, but for the order,

cease to have effect in relation to the trusts to which the order applies, and

(b)
must not exceed two years.

(5)
In the case of a trust to which an order under this section applies, and which was

authorised on or before 1 April 2014, section 117 ceases to have effect in relation

to the trust in accordance with that order or any subsequent orders under this

section which apply to the trust.

(6)
In the case of a trust which was authorised after 1 April 2014 (including a trust

authorised on or after 1 April 2016 if, at the time it is authorised, section 117 still

has effect), section 117 ceases to have effect in relation to the trust—

(a)
if no order under this section is made before the end of the initial two-

year period, at the end of that period;

(b)
if an order under this section is made in reliance on subsection (2)(a)

before the end of the initial two-year period, on whichever is the later

of—

(i)
the end of that period, and

(ii)
the day on which that order or a subsequent order under this

section ceases to apply to the trust;

(c)
if an order under this section is made in reliance on subsection (2)(b)

before the end of the initial two-year period, in accordance with section

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

[Orders under section [Duration of transitional period] that apply to

only some trusts](8) to (11).

(7)
In this section and section [Orders under section [Duration of transitional

period] that apply to only some trusts]—

(a)
“the initial two-year period”, in relation to an NHS foundation trust, is the

period of two years beginning with the day on which the trust is

authorised;

(b)
a reference to being authorised is a reference to being given an

authorisation under section 35 of the National Health Service Act 2006.

(8)
Section 117 is repealed as soon as there are—

(a)
no NHS foundation trusts in relation to which it has effect, and

(b)
no NHS trusts in existence (whether because they had all ceased to exist

without section 182 having come into force or there are none continuing

in existence by virtue of subsection (3) of that section).’.

Orders under section [Duration of transitional period] that apply to only some trusts

Mr Secretary Lansley

NC4

To move the following Clause:—

‘(1)
Where the Secretary of State proposes to make an order under section [Duration

of transitional period] in reliance on subsection (2)(b) of that section (“a section

[Duration of transitional period](2)(b) order”), the Secretary of State must notify

Monitor.

(2)
Monitor, having received a notification under subsection (1), must set the criteria

that are to be applied for the purpose of determining to which NHS foundation

trusts the order should apply.

(3)
Before setting criteria under subsection (2), Monitor must—

(a)
consult the Care Quality Commission and such other persons as Monitor

considers appropriate, and

(b)
obtain the approval of the Secretary of State.

(4)
If the Secretary of State approves the proposed criteria, Monitor must—

(a)
publish the criteria,

(b)
determine, by applying the criteria, to which trusts the order should

apply,

(c)
notify the Secretary of State of its determination, and

(d)
publish a list of the trusts concerned.

(5)
If the Secretary of State does not approve the proposed criteria, Monitor must

propose revised criteria; and subsections (3)(b) and (4) apply in relation to the

proposed revised criteria as they apply in relation to the criteria previously

proposed.

(6)
If, having received a notification under subsection (1), Monitor proposes to set

criteria the same as those it set on the last occasion it received a notification under

that subsection, it need not comply with subsection (3)(a).

(7)
A section [Duration of transitional period](2)(b) order—

(a)
must apply to all the trusts that are determined under subsection (4)(b) as

being the trusts to which the order should apply (and to no others);

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

(b)
may specify the trusts to which it applies by reference to their inclusion

in the list published under subsection (4)(d).

(8)
Subsection (9) applies where —

(a)
a section [Duration of transitional period](2)(b) order is in force at a time

when there is in existence an NHS foundation trust authorised after 1

April 2014, and

(b)
the initial two-year period in relation to that trust has yet to come to an

end.

(9)
Monitor must—

(a)
determine, by applying the criteria it applied under subsection (4)(b),

whether section 117 should continue to have effect in relation to the trust

after the end of the initial two-year period,

(b)
notify the Secretary of State of its determination, and

(c)
publish its determination.

(10)
If Monitor determines under subsection (9)(a) that section 117 should so continue

to have effect, the trust is to be treated as if it had been authorised on or before 1

April 2014 and as if the order referred to in subsection (7)(a) applied to it; and

section [Duration of transitional period](5) is accordingly to apply in relation to

the trust.

(11)
If Monitor determines under subsection (9)(a) that section 117 should not so

continue to have effect, section 117 ceases to have effect in relation to the trust

immediately after the end of the initial two-year period.’.

Repeal of sections [Duration of transitional period] and [Orders under section [Duration

of transitional period] that apply to only some trusts]

Mr Secretary Lansley

NC5

To move the following Clause:—

‘(1)
Sections [Duration of transitional period] and [Orders under section [Duration

of transitional period] that apply to only some trusts] are repealed immediately

after section 117 is repealed; and in consequence of that—

(a)
in section 62(2)(a), omit “or under sections 117 and [Orders under

section [Duration of transitional period] that apply to only some trusts]

of this Act (imposition of licence conditions on NHS foundation trusts

during transitional period)”,

(b)
omit section 62(3),

(c)
in section 94(4), after paragraph (a) insert “and”,

(d)
in section 94(4), omit paragraph (c) and the preceding “and”, and

(e)
omit section 302(5)(e) and (8A).

(2)
This section is repealed immediately after sections [Duration of transitional

period] and [Orders under section [Duration of transitional period] that apply to

only some trusts] are repealed.’.

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

Objective of trust special administration

Mr Secretary Lansley

NC6

To move the following Clause:—

‘After section 65D of the National Health Service Act 2006 insert—

“65DA
Objective of trust special administration

(1)
The objective of a trust special administration is to secure—

(a)
the continued provision of such of the services provided for the

purposes of the NHS by the NHS foundation trust that is subject

to an order under section 65D(2), at such level, as the

commissioners of those services determine, and

(b)
that it becomes unnecessary for the order to remain in force for

that purpose.

(2)
The commissioners may determine that the objective set out in

subsection (1) is to apply to a service only if they are satisfied that the

criterion in subsection (3) is met.

(3)
The criterion is that ceasing to provide the service under this Act would,

in the absence of alternative arrangements for its provision under this

Act, be likely to—

(a)
have a significant adverse impact on the health of persons in need

of the service or significantly increase health inequalities, or

(b)
cause a failure to prevent or ameliorate either a significant

adverse impact on the health of such persons or a significant

increase in health inequalities.

(4)
In determining whether that criterion is met, the commissioners must (in

so far as they would not otherwise be required to do so) have regard to—

(a)
the current and future need for the provision of the service under

this Act,

(b)
whether ceasing to provide the service under this Act would

significantly reduce equality between those for whom the

commissioner arranges for the provision of services under this

Act with respect to their ability to access services so provided,

and

(c)
such other matters as may be specified in relation to NHS

foundation trusts in guidance published by the regulator.

(5)
Monitor may revise guidance under subsection (4)(c) and, if it does so,

must publish the guidance as revised.

(6)
Before publishing guidance under subsection (4)(c) or (5), the regulator

must obtain the approval of—

(a)
the Secretary of State;

(b)
the Board.

(7)
The Board must make arrangements for facilitating agreement between

commissioners in determining the services provided by the trust under

this Act to which the objective set out in subsection (1) is to apply.

(8)
Where commissioners fail to reach agreement in pursuance of

arrangements under subsection (7), the Board may make the

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

determination (and the duty imposed by subsection (1)(a), so far as

applying to the commissioners concerned, is to be regarded as

discharged).

(9)
In this section—

“commissioners” means the persons to which the trust provides services

under this Act, and

“health inequalities” means the inequalities between persons with respect to

the outcomes achieved for them by the provision of services that are

provided as part of the health service.”’.

Other dissemination of information

Mr Secretary Lansley

NC7

To move the following Clause:—

‘(1)
The Information Centre may disseminate (other than by way of publication), to

any such persons and in such form and manner and at such times, as it considers

appropriate any information—

(a)
which it collects pursuant to a direction under section 257 or a request

under section 258, and

(b)
which falls within subsection (2).

(2)
Information falls within this subsection if—

(a)
the information is required to be published under section 262;

(b)
the information is in a form which identifies any relevant person to whom

the information relates or enables the identity of such a relevant person

to be ascertained and the Centre, after taking into account the public

interest as well as the interests of the relevant person, considers that it is

appropriate for the information to be disseminated;

(c)
the Centre is prohibited from publishing the information only by virtue

of it falling within section 262(2)(c) and the Centre considers it would be

in the public interest for the information to be disseminated;

(d)
the Centre is prohibited from publishing the information only by virtue

of a direction given under section 262(2)(d) and that direction provides

that the power in subsection (1) applies to the information.

(3)
A direction under section 262(2)(d) may require the Information Centre to

disseminate information which the Centre is prohibited from publishing only by

virtue of the direction.

(4)
A direction under section 257 may require, and a request under section 258 may

request, the Information Centre to exercise—

(a)
the power conferred by subsection (1) in relation to information which it

collects pursuant to the direction or request, or

(b)
any other power it has to disseminate such information under or by virtue

of any other provision of this or any other Act.

(5)
A direction under section 257 may require, and a request under section 258 may

request, the Information Centre not to exercise the power conferred by subsection

(1) in relation to information which it collects pursuant to the direction or request.



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