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| | Page 2, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | For the purposes of this Act “the health service in England” is defined as those |
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| | | services provided under section 3 of this Act.’. |
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| | Page 2, line 17 [Clause 2], leave out ‘with a view to securing’ and insert ‘so as to |
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| | Page 2, line 23 [Clause 2], leave out ‘with a view to securing’ and insert ‘so as to |
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| | Page 2, line 33 [Clause 2], at end insert— |
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| | | ‘(5) | In discharging the duty under subsection (1) the Secretary of State retains the |
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| | | power to create a new NHS trust or provider organisation.’. |
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| | Page 2, line 38 [Clause 3], leave out from ‘State’ to end of line 40 and insert ‘, so |
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| | far as is consistent with the interests of the health service, must exercise the functions |
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| | conferred by this Act so as to secure— |
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| | | (a) | that inequalities between the people of England with respect to the |
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| | | benefits that they can obtain from the Health service are reduced, and |
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| | | (b) | a continuous reduction of inequalities between the people of England |
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| | | with respect to the outcomes achieved for them. |
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| | | (2) | The Secretary of State must publish and lay before Parliament an annual report |
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| | | detailing the progress which has been achieved in discharging this duty, and the |
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| | | means by which the Secretary of State intends to fulfil this function in the |
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| | Page 2, line 38 [Clause 3], leave out ‘have regard to the need to reduce’ and insert |
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| | ‘act with a view to reducing’. |
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| | Page 3, line 1, leave out Clause 4. |
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| | Page 3, line 16 [Clause 5], leave out ‘have regard to the need to’. |
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| | Page 5, line 32 [Clause 9], at end insert— |
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| | | ‘(h) | promoting co-operation between each of the authority’s relevant |
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| | Page 5, line 35 [Clause 9], at end insert— |
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| | | ‘(4A) | For the purposes of this section each of the following is a relevant partner of a |
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| | | (a) | where the authority is a county council for an area for which there is also |
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| | | a district council, the district council; |
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| | | (b) | the police authority and the chief officer of police for a police area any |
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| | | part of which falls within the area of the local authority; |
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| | | (c) | a local probation board for an area any part of which falls within the area |
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| | | (d) | a youth offending team for an area any part of which falls within the area |
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| | | (e) | a clinical commissioning group for an area any part of which falls within |
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| | | the area of the local authority. |
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| | | (4B) | The relevant partners of a local authority must co-operate with the local authority |
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| | | in the making of arrangements under this section.’. |
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| | Page 5, line 43, leave out Clause 10. |
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| | Page 7, line 15 [Clause 11], leave out from ‘Subsections’ to ‘apply’ and insert ‘(1), |
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| | (3) and (4) of section 3C’. |
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| | Page 9, line 12 [Clause 14], leave out subsection (7). |
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| | Page 9, line 35 [Clause 14], after ‘blood’, insert ‘, haematopoietic stem cells’. |
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| | Page 9, line 37 [Clause 14], after ‘tissue’, insert ‘, haematopoietic stem cell’. |
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| | Page 11, line 24 [Clause 15], at end insert— |
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| | | ‘( ) | Where regulations under subsection (1) require a local authority to exercise any |
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| | | of the public health functions of the Secretary of State, the regulations may also |
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| | | authorise or require the local authority to exercise any prescribed functions of the |
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| | | Secretary of State that are exercisable in connection with those functions |
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| | | (including the powers conferred by section 12).’. |
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| | Page 11, line 27 [Clause 15], at end insert— |
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| | | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | | of the exercise by a local authority of any of its functions under regulations under |
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| | | subsection (1) are enforceable by or against the local authority (and no other |
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| | Page 12, line 6 [Clause 16], at end insert— |
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| | | ‘( ) | The making of regulations under subsection (1) does not prevent the Secretary of |
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| | | State from exercising the specified EU health function.’. |
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| | Page 12, line 6 [Clause 16], at end insert— |
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| | | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | | of the exercise by the Board or a clinical commissioning group of any of its |
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| | | functions under regulations under subsection (1) are enforceable by or against the |
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| | | Board or (as the case may be) the group (and no other person).’. |
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| | Page 14, line 37 [Clause 19], at end insert— |
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| | | ‘( ) | Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect |
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| | | of the exercise by a body mentioned in subsection (2) of any function exercisable |
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| | | by it by virtue of this section are enforceable by or against that body (and no other |
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| | Page 16 [Clause 20], leave out lines 28 and 29. |
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| | Page 16, line 34 [Clause 20], at end insert— |
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| | | ‘13DA | Duty of the Board as to commissioning of services |
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| | | In carrying out its duties in respect of the commissioning of services the Board |
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| | | must in the exercise of its functions have regard to the interdependency of |
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| | | services and the impact that the arrangements for the provision for one service |
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| | | may have on the financial and clinical sustainability of other services.’. |
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| | Page 17 [Clause 20], leave out lines 12 to 19. |
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| | Page 17, line 21 [Clause 20], leave out ‘have regard to the need to reduce’ and |
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| | insert ‘act with a view to’. |
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| | Page 17, line 23 [Clause 20], leave out ‘reduce’ and insert ‘reducing’. |
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| | Page 17, line 25 [Clause 20], leave out ‘reduce’ and insert ‘reducing’. |
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| | Page 17 [Clause 20], leave out lines 27 and 28. |
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| | Page 17 [Clause 20], leave out lines 33 and 34. |
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| | Page 17, line 36 [Clause 20], leave out ‘act with a view to enabling’ and insert |
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| | ‘have regard to the need to enable’. |
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| | Page 17 [Clause 20], leave out lines 39 and 40. |
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| | Page 18, line 4 [Clause 20], after ‘functions’, insert ‘have regard to the need to’. |
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| | Page 18 [Clause 20], leave out lines 14 and 15. |
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| | Page 18, line 17 [Clause 20], leave out ‘have regard to the need to’. |
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| | Page 18 [Clause 20], leave out lines 42 to 44 and insert— |
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| | | ‘(3) | The Board must encourage clinical commissioning groups to enter into |
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| | | arrangements with local authorities in pursuance of regulations under |
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| | | section 75 where it considers that this would secure— |
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| | | (a) | that health services are provided in an integrated way and that |
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| | | this would have any of the effects mentioned in subsection (1)(a) |
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| | | (b) | that the provision of health services is integrated with the |
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| | | provision of health-related services or social care services and |
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| | | that this would have any of the effects mentioned in subsection |
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| | Page 19 [Clause 20], leave out lines 1 and 2. |
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| | Page 19 [Clause 20], leave out lines 19 and 20. |
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| | Page 19, line 28 [Clause 20], at end insert— |
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| | | ‘13OA | Duty as regards stability of existing NHS services |
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| | | The Board must not exercise its functions, in particular in respect of section 13I |
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| | | (Duty as to patient choice) or 13K (Duty to promote innovation) in a way which |
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| | | could lead to existing NHS services, including but not restricted to, emergency |
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| | | care, intensive care, chronic and complex care, teaching, training and research, |
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| | | becoming unviable or unstable due to an unplanned reduction in income or case- |
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| | Page 19, line 32 [Clause 20], at end insert ‘in the exercise of its functions’. |
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| | Page 20 [Clause 20], leave out lines 3 and 4. |
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| | Page 22 , line 12 [Clause 20], at end insert— |
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| | | ‘(1A) | The Secretary of State must publish guidance to the Board, to which the Board |
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| | | must have regard, about the exercise of its powers under subsection (1).’. |
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| | Page 24, line 16 [Clause 20], at end insert— |
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| | | ‘Duty to reduce bureaucracy |
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| | | 132ZA | Duty to reduce bureaucracy |
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| | | (1) | The Board must exercise its powers so as to reduce administrative costs in the |
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| | | (2) | For that purpose the Board must exercise its duties under 14A and 14C to ensure |
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| | | that at no time there exist more clinical commissioning groups than there were |
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| | | primary care trusts on 1 April 2011.’. |
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