House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 7 September 2011
3182

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

Mr Secretary Lansley

65

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

‘“health services” means services provided as part of the health service and,

in sections 13N and 13P, also includes services that are to be provided as

part of the health service’.

Mr Secretary Lansley

66

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

‘(2)
Any reference (however expressed) in the following provisions of this Act to the

functions of the Board includes a reference to the functions of the Secretary of

State that are exercisable by the Board by virtue of arrangements under section

7A—

(a)
section 6E(7) and (10)(b),

(b)
section 13A(2),

(c)
section 13C(1),

(d)
section 13D,

(e)
section 13E(1),

(f)
section 13F,

(g)
section 13G(1),

(h)
section 13H(1),

(i)
section 13I(1),

(j)
section 13J,

(k)
section 13K(1),

(l)
section 13L,

(m)
section 13M(1) and (2),

(n)
section 13N(2),

(o)
section 13P(1),

(p)
section 13S(1),

(q)
section 13T(1) and (4),

(r)
section 13V(2),

(s)
section 13W(1),

(t)
section 13Z1(1),

(u)
section 13Z2(1),

(v)
section 72(1),

(w)
section 75(1)(a) and (2),

(x)
section 82,

(y)
section 223C(2)(a),

(z)
in Schedule A1, paragraph 13.

(3)
Any reference (however expressed) in the following provisions of other Acts to

the functions of the Board includes a reference to the functions of the Secretary

of State that are exercisable by the Board by virtue of arrangements under section

7A—

(a)
sections 116 to 116B of the Local Government and Public Involvement

in Health Act 2007 (joint strategic needs assessments etc.),

(b)
section 200(6) of the Health and Social Care Act 2011 (participation of

the Board in work of Health and Wellbeing Boards),

(c)
section 202(4) of that Act (supply of information to Health and

Wellbeing Boards),

Consideration of Bill: 7 September 2011
3183

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

(d)
section 289(1) and (2) of that Act (duties to co-operate),

(e)
section 290(2)(d) of that Act (breaches of duties to co-operate).

(4)
The Secretary of State may by order amend the list of provisions specified in

subsection (2) or (3).”’.

Mr Secretary Lansley

67

Page  24,  line  38  [Clause  21],  after ‘change,’, insert—

‘( )
a parliamentary general election takes place,’.

Mr Secretary Lansley

68

Page  26,  line  13  [Clause  21],  after ‘change,’, insert—

‘( )
a parliamentary general election takes place,’.

Andrew George

Caroline Lucas

Greg Mulholland

1206

Page  26,  line  41  [Clause  20],  at end insert—

‘223E1
Financial duties of the Board: needs-based allotments

(1)
The Board must make allotments to clinical commissioning groups based solely

on the need of the population served by each commissioning group.

(2)
The Secretary of State may give directions as to how the needs set within

subsection (1) are determined.’.

Dr John Pugh

Caroline Lucas

Greg Mulholland

Andrew George

1218

Page  27,  line  17  [Clause  22],  at end insert ‘provided that the members of a clinical

commissioning group cannot consist entirely or mainly of persons who are providers of

primary medical services under section 83(2).’.

Andrew George

Caroline Lucas

Greg Mulholland

1211

Page  27,  line  22  [Clause  22],  at end insert—

‘(c)
shall be co-terminus with the social services local authority, unless it is

notified by the relevant health and wellbeing board, and the local

authority, that they approve an area which is not co-terminus.’.

Consideration of Bill: 7 September 2011
3184

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

Mr Secretary Lansley

69

Page  27,  line  31  [Clause  22],  leave out ‘of services’.

Mr Secretary Lansley

70

Page  32,  line  3  [Clause  22],  leave out ‘and’ and insert—

‘( )
the function of determining the allowances payable under a pension

scheme established under paragraph 10(4) of Schedule 1A, and’.

Mr Secretary Lansley

71

Page  32  [Clause  22],  leave out lines 13 and 14.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

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.’.

Mr Secretary Lansley

72

Page  34  [Clause  23],  leave out lines 14 and 15.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

43

Page  34,  line  20  [Clause  23],  at end insert—

‘14PA
Duty of clinical commissioning groups as to commissioning of services

In carrying out its duties in respect of the commissioning of services each clinical

commissioning group must in the exercise of its functions have regard to the

interdependency of services and the impact that the arrangements for the

provision for one service may have on the financial and clinical sustainability of

other services.’.

Consideration of Bill: 7 September 2011
3185

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

Andrew George

Greg Mulholland

Caroline Lucas

1189

Page  35,  line  2  [Clause  23],  leave out ‘have regard to the need to reduce’ and insert

‘act with a view to’.

Andrew George

Greg Mulholland

Caroline Lucas

1190

Page  35,  line  3  [Clause  23],  leave out ‘reduce’ and insert ‘reducing’.

Andrew George

Greg Mulholland

Caroline Lucas

1191

Page  35,  line  5  [Clause  23],  leave out ‘reduce’ and insert ‘reducing’.

Mr Secretary Lansley

73

Page  35  [Clause  23],  leave out lines 8 and 9.

Mr Secretary Lansley

74

Page  35  [Clause  23],  leave out line 19.

Andrew George

Greg Mulholland

Caroline Lucas

1192

Page  35,  line  22  [Clause  23],  leave out ‘act with a view to enabling’ and insert

‘have regard to the need to enable’.

Mr Secretary Lansley

75

Page  35  [Clause  23],  leave out line 24.

Andrew George

Greg Mulholland

Caroline Lucas

1193

Page  35,  line  36  [Clause  23],  after ‘functions’, insert ‘have regard to the need to’.

Mr Secretary Lansley

76

Page  35  [Clause  23],  leave out lines 39 and 40.

Consideration of Bill: 7 September 2011
3186

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

Andrew George

Greg Mulholland

Caroline Lucas

1196

Page  36,  line  3  [Clause  20],  leave out ‘have regard to the need to’.

Andrew George

Greg Mulholland

Caroline Lucas

1230

Page  36,  line  7  [Clause  23],  leave out from ‘consortium’ to ‘that’ in line 8 and

insert ‘has a duty to secure’.

Andrew George

Greg Mulholland

Caroline Lucas

1231

Page  36,  line  16  [Clause  23],  leave out from ‘consortium’ to ‘that’ in line 17 and

insert ‘has a duty to secure’.

Mr Secretary Lansley

77

Page  36  [Clause  23],  leave out lines 28 and 29.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

37

Page  36,  line  36  [Clause  23],  at end insert—

‘14YA
Duty as to conflicts of interest

(1)
Each clinical commissioning group must exercise its functions so as to ensure that

any conflicts of interest, and personal and prejudicial interests are dealt with.

(2)
The Secretary of State must issue guidance on how conflicts of interest and

personal and prejudicial interests should be dealt with by clinical commissioning

groups as part of their decision making.’.

Andrew George

Caroline Lucas

Greg Mulholland

1204

Page  36,  line  36  [Clause  23],  at end insert—

‘14YA
Duty as regards stability of existing NHS services

Each clinical commissioning group must not exercise its functions, in respect of

section 14U (Duty as to patient choice) or 14W (Duty to promote innovation) in

a way which could lead to existing NHS services, including but not restricted to,

emergency care, intensive care, chronic and complex care, teaching, training and

research, becoming unviable or unstable due to an unplanned reduction in income

or case-load.’.

Consideration of Bill: 7 September 2011
3187

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

Mr Secretary Lansley

78

Page  36,  line  41  [Clause  23],  after ‘consortium’, insert ‘in the exercise of its

functions’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

41

Page  36,  line  43  [Clause  23],  leave out from second ‘are’ to end of line 44 and

insert ‘fully consulted—’.

Mr Secretary Lansley

79

Page  37  [Clause  23],  leave out lines 21 and 22.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

45

Page  38,  line  22  [Clause  23],  at end insert—

‘(1A)
The Secretary of State must publish guidance to commissioning consortia about

its exercise of powers under subsection (1), to which each commissioning

consortia must have regard.’.

Caroline Lucas

1181

Page  38,  line  26  [Clause  23],  at end insert—

‘(3)
For the avoidance of doubt it is hereby declared that nothing in this section

authorises a clinical commissioning group—

(a)
to disregard any enactment or rule of law, including but not limited to

section 1(3), or to override any person’s contractual or proprietary rights;

or

(b)
to charge for anything the group does in the exercise of its powers under

this section which relates to any accommodation, service or facility of a

type to which section 3(1) applies; or

(c)
to charge for anything in relation to the exercise of its functions under

section 3 or 3A.

(4)
A clinical commissioning group shall exercise the powers specified in section

7(2)(f) only after consulting (to the extent that it appears to it to be practical) any

person who appears to it to have an interest through its own previous research in

the ideas or intellectual property in question as to whether it should exercise them

and, if so, as to any financial arrangements.

Consideration of Bill: 7 September 2011
3188

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

(5)
A clinical commissioning group shall demonstrate in its annual report under

section 14Z3 how the exercise of its power conferred by subsection (1) has not

interfered to a significant extent with the performance by the group of its

functions.

(6)
Income raised by a clinical commissioning group as a result of the exercise of

powers under this section shall be specified in its annual accounts, referred to in

its annual report under section 14Z13, and paid annually to the Secretary of

State.’.

Andrew George

Caroline Lucas

1250

Page  41,  line  38  [Clause  23],  at end insert—

‘(6A)
If the opinion of a Health and Wellbeing Board given to the clinical

commissioning group under subsection (5) is that the Health and Wellbeing

Board does not consider that the draft takes proper account of each joint health

and wellbeing strategy referred to in that subsection, and if the clinical

commissioning group does not so consider it, the group shall inform the Health

and Wellbeing Board, whereupon it may report to the Secretary of State that it

does not consider that such a plan takes proper account of any such strategy and

the Secretary of State may require the clinical commissioning group to carry out

such further consultation with the Health and Wellbeing Board as he considers

appropriate, or may make a final decision on the plan and require the

Commissioning Board or the clinical commissioning group to take such action,

or desist from taking such action, as he may direct.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

1171

Page  42,  line  23  [Clause  23],  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).’.



© Parliamentary copyright	Revised 7 September 2011