House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 2 September 2011
2949

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

      (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—

‘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)—

Notices of Amendments: 2 September 2011
2950

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

(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)—

(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—

Notices of Amendments: 2 September 2011
2951

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

(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.

      (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

Notices of Amendments: 2 September 2011
2952

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

(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.


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”.

Notices of Amendments: 2 September 2011
2953

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


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—

Notices of Amendments: 2 September 2011
2954

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

‘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—

‘Access to Health Records Act 1990 (c. 23)


In section 11 of the Access to Health Records Act 1990 (interpretation) in the

definition of “health service body”, at the end insert—

“(f)
the Health and Social Care Information Centre;”.’.

Mr Secretary Lansley

384

Page  404,  line  7  [Schedule  20],  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 (ac) (inserted by Schedule 18) insert—

“(ad)
the Health and Social Care Information Centre,”.’.

Mr Secretary Lansley

385

Page  404,  line  7  [Schedule  20],  leave out ‘of the Employment Rights Act 1996’.

Mr Secretary Lansley

386

Page  404,  line  9  [Schedule  20],  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 (fb) (inserted by Schedule 18)

insert—

“(fc)
the Health and Social Care Information Centre,”.’.

Mr Secretary Lansley

1099

Page  408,  line  28  [Schedule  22],  leave out ‘commissioning consortia’ and insert

‘clinical commissioning groups’.

Notices of Amendments: 2 September 2011
2955

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

Mr Secretary Lansley

387

Page  409,  line  2  [Schedule  22],  leave out ‘the Secretary of State or a body’ and

insert ‘a person’.

Mr Secretary Lansley

388

Page  409,  line  3  [Schedule  22],  after ‘(jb),’, insert ‘(m),’.

Mr Secretary Lansley

389

Page  409,  line  14  [Schedule  22],  leave out ‘the Welsh Ministers are, or a body’ and

insert ‘a person’.

Mr Secretary Lansley

390

Page  409,  line  15  [Schedule  22],  leave out ‘or (k) is,’ and insert ‘(k) or (ma) is’.

Mr Secretary Lansley

391

Page  409,  line  28  [Schedule  22],  after ‘jointly.’, insert—

‘(15)
Subsection (16) applies (and subsections (12) and (14) do not apply)

where a cross-border Special Health Authority is a party or

prospective party to an arrangement or proposed arrangement

which—

(a)
falls within subsection (1); and

(b)
also falls within the definition of NHS contract in section 9 of

the National Health Service Act 2006 and the definition of

NHS contract in section 7 of the National Health Service

(Wales) Act 2006.

(16)
Subsections (4) to (9) shall apply in relation to that arrangement or

proposed arrangement (except in so far as it relates to reserved matters

within the meaning of the Scotland Act 1998) with the substitution for

references to the Secretary of State—

(a)
where the cross-border Special Health Authority is exercising

functions in relation to England only, of references to the

Secretary of State and the Scottish Ministers acting jointly;

(b)
where the Authority is exercising functions in relation to

Wales only, of references to the Welsh Ministers and the

Scottish Ministers acting jointly; and

(c)
where the Authority is exercising functions in relation to

England and Wales, of references to the Secretary of State and

the Welsh Ministers acting concurrently with each other and

jointly with the Scottish Ministers.

(17)
In subsections (15) and (16), “cross-border Special Health Authority”

means a Special Health Authority which is established under the

National Health Service Act 2006 and the National Health Service

(Wales) Act 2006 by virtue of—

(a)
paragraph 1(2) of Schedule 2 to the National Health Service

(Consequential Provisions) Act 2006, or



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