House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 7 September 2011
3189

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

Andrew George

Greg Mulholland

Caroline Lucas

1202

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

‘14Z12A
Power of Referral of Commissioning plans to the Secretary of State

(1)
If the Health and Well-being Board is of the opinion under section 14Z12(1) that

a plan published by the CCG under section 14Z9(6) or 14Z10(2) and which is

submitted to it in accordance with section 14Z9(6) and 14Z10(3) or 14Z11(4) or

(8), does not take proper account of any relevant joint health and wellbeing

strategy it may refer the matter to the Secretary of State for a decision.

(2)
Regulations under this section may provide for the mechanism by which such

referrals are made.’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

38

Page  43,  line  9  [Clause  23],  at end insert—

‘(ab)
section 14YA’.

Mr Secretary Lansley

80

Page  47,  line  14  [Clause  23],  at end insert—

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

in section 14Z, also includes services that are to be provided as part of the

health service.’.

Mr Secretary Lansley

81

Page  47,  line  14  [Clause  23],  at end insert—

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

functions of a clinical commissioning group includes a reference to the functions

of the Secretary of State that are exercisable by the group by virtue of

arrangements under section 7A—

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

(b)
section 14C(2)(e),

(c)
section 14O,

(d)
section 14P,

(e)
section 14S(1),

(f)
section 14T(1),

(g)
section 14U(1),

(h)
section 14V(1),

Consideration of Bill: 7 September 2011
3190

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

(i)
section 14W(1),

(j)
section 14X,

(k)
section 14Y(1) and (2),

(l)
section 14Z(1),

(m)
section 14Z2(1),

(n)
section 14Z3(2),

(o)
section 14Z4(1),

(p)
section 14Z5(7),

(q)
section 14Z9(1),

(r)
section 14Z13(1),

(s)
section 14Z14(2),

(t)
sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),

(u)
section 14Z21(1),

(v)
section 72(1),

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

(x)
section 77(1)(b),

(y)
section 82,

(z)
section 89(1A)(d),

(aa)
section 94(3A)(d),

(ab)
section 223C(2)(b),

(ac)
section 223H(1),

(ad)
in Schedule 1A, paragraphs 3(1) and (3), 5, 11(6)(b) and 13(3).

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

the functions of a clinical commissioning group includes a reference to the

functions of the Secretary of State that are exercisable by the group 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 202(4) of the Health and Social Care Act 2011 (supply of

information to Health and Wellbeing Boards),

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

(d)
in Schedule 6 to that Act, paragraph 5(4).

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

subsection (2) or (3).”’.

Andrew George

Greg Mulholland

Caroline Lucas

1199

Page  49,  line  35  [Clause  24],  leave out from beginning to end of line 37 on page 50.

Consideration of Bill: 7 September 2011
3191

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

Dr John Pugh

Greg Mulholland

Andrew George

1213

Page  50,  line  27  [Clause  24],  at end insert ‘and must consult with local Health and

Wellbeing Boards prior to any decision on this matter with a view to securing their

agreement.’.

Mr Secretary Lansley

82

Page  50,  line  32  [Clause  24],  leave out ‘or 12’.

Martin Horwood [R]

1255

Page  53,  line  5  [Clause  27],  leave out ‘the Secretary of State’ and insert ‘Public

Health England’.

Martin Horwood

1256

Page  53,  line  6  [Clause  27],  leave out ‘an’ and insert ‘a suitably qualified’.

Martin Horwood [R]

1257

Page  53,  line  20  [Clause  27],  after ‘authority’, insert ‘, reporting to the Chief

Executive of that authority,’.

Andrew George

1253

Page  53,  line  21  [Clause  27],  at end insert ‘, and will be accountable to—

(a)
the local authority, and

(b)
the Secretary of State for Health.’.

Martin Horwood [R]

1258

Page  53,  line  21  [Clause  27],  at end insert—

‘(2A)
The individual so appointed is to be employed by Public Health England, which

shall have responsibility for their professional qualification and development.’.

Martin Horwood [R]

1259

Page  53,  line  30  [Clause  27],  after ‘authority’, insert ‘or Public Health England’.

Andrew George

1254

Page  53,  line  42  [Clause  27],  leave out ‘consult’ and insert ‘obtain the agreement

of’.

Consideration of Bill: 7 September 2011
3192

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

Martin Horwood [R]

1260

Page  53,  line  42  [Clause  27],  leave out ‘the Secretary of State’ and insert ‘Public

Health England’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

7

Page  54,  line  30  [Clause  29],  at end insert—

‘(3)
This section comes into force on a date to be specified by order by the Secretary

of State.

(4)
The time specified in subsection (3) must be after such time as the Secretary of

State is satisfied that the workforce education and training functions of strategic

health authorities are being fulfilled by another body.’.

Mr Secretary Lansley

83

Page  73,  line  31  [Clause  42],  at end insert—

‘(7A)
Where the Board makes arrangements with another body or person under

subsection (7) it may also arrange for that other body or person to exercise any

functions that the Board has, by virtue of being a Category 1 responder, under

Part 1 of the Civil Contingencies Act 2004.’.

Mr Secretary Lansley

84

Page  74,  line  8  [Clause  42],  leave out from ‘made’ to end of line 9 and insert ‘by

the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or

7A or Schedule 1.’

Mr Secretary Lansley

85

Page  74,  line  20  [Clause  43],  after ‘person’, insert ‘, other than an NHS body,’.

Mr Secretary Lansley

86

Page  74,  line  21  [Clause  43],  leave out from ‘made’ to end of line 23 and insert ‘—

(i)
by the Secretary of State under section 12,

(ii)
by the Board or a clinical commissioning group under section 3,

3A, 3B or 4 or Schedule 1,

Consideration of Bill: 7 September 2011
3193

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

(iii)
by a local authority for the purpose of the exercise of its

functions under or by virtue of section 2B or 6C(1) or Schedule

1, or

(iv)
by the Board, a clinical commissioning group or a local authority

by virtue of section 7A.’.

Mr Secretary Lansley

221

Page  169,  line  28  [Clause  184],  leave out ‘or assistance’ and insert ‘, information

or other assistance’.

Mr Secretary Lansley

222

Page  171,  line  12  [Clause  184],  after ‘(1)(b)’ insert ‘or (3)’.

Mr Secretary Lansley

223

Page  172,  line  30  [Clause  185],  at end insert—

‘( )
In section 229 (sections 221 to 228: interpretation and supplementary)—

(a)
in the title and in subsection (1), for “221” substitute “220A”, and

(b)
in subsection (2), after “228” insert “or Schedule 16A”.’.

Mr Secretary Lansley

224

Page  172,  line  40  [Clause  185],  at end insert—

‘( )
In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local

government), after paragraph 35C insert—

“35D
A Local Healthwatch organisation.”’.

Mr Secretary Lansley

225

Page  175,  line  4  [Clause  188],  at end insert ‘in relation to its area’.

Mr Secretary Lansley

226

Page  175,  line  22  [Clause  188],  after ‘services’ insert ‘in relation to its area’.

Consideration of Bill: 7 September 2011
3194

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

Mr Secretary Lansley

227

Page  176,  line  4  [Clause  188],  at end insert—

‘(9A)
The Secretary of State may give directions to a local authority about the exercise

of its functions under this section.

(9B)
A direction under subsection (9A) may be varied or revoked.’.

Mr Secretary Lansley

228

Page  176,  line  42  [Clause  189],  after second ‘organisation’ insert ‘—

(a)
’.

Mr Secretary Lansley

229

Page  176,  line  44  [Clause  189],  after ‘221(2)’ insert ‘, or

(b)
for the purposes of subsection (1)(a) only, in the discharge of its duty

under paragraph 6(5) of Schedule 16A.’.

Mr Secretary Lansley

230

Page  176,  line  45  [Clause  189],  leave out subsection (4) and insert—

‘(4)
In the title to that section, for “local involvement networks” substitute “Local

Healthwatch organisations”.’.

Mr Secretary Lansley

231

Page  180,  line  16  [Clause  193],  leave out ‘NHS providers’ and insert ‘health

service providers’.

Mr Secretary Lansley

232

Page  180,  line  18  [Clause  193],  leave out ‘NHS provider’ and insert ‘health service

provider’.

Mr Secretary Lansley

233

Page  180,  line  21  [Clause  193],  leave out ‘NHS provider’ and insert ‘health service

provider’.

Mr Secretary Lansley

234

Page  180,  line  22  [Clause  193],  leave out ‘NHS provider’ and insert ‘health service

provider’.

Mr Secretary Lansley

235

Page  180,  line  25  [Clause  193],  leave out ‘NHS providers’ and insert ‘health

service providers’.

Consideration of Bill: 7 September 2011
3195

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

Andrew George

Greg Mulholland

Caroline Lucas

1200

Page  180,  line  28  [Clause  193],  leave out from ‘State’ to end of line 29.

Andrew George

Greg Mulholland

Caroline Lucas

1201

Page  180  [Clause  193],  leave out lines 33 to 40.

Andrew George

Caroline Lucas

1246

Page  180,  line  40  [Clause  193],  at end insert—

‘(2ZAA)
Regulations made under—

(a)
paragraph (a) of subsection (2ZA) may not make provision to refer any

matter to the regulator or to the Board where the circumstances relate to

any proposal for a substantial development of the health service in the

area of the authority, or for a substantial variation in the provision of such

service; and

(b)
subsection (2) must contain provision to refer any such matter to the

Secretary of State.’.

Mr Secretary Lansley

236

Page  181,  line  12  [Clause  193],  at end insert—

‘( )
Any functions conferred on a local authority by regulations under this section are

not to be the responsibility of an executive of the authority under executive

arrangements (within the meaning of Part 1A of the Local Government Act

2000).’.

Mr Secretary Lansley

237

Page  181,  line  18  [Clause  193],  after ‘body”’, insert ‘, in relation to an authority to

which this section applies,’.

Mr Secretary Lansley

238

Page  181,  line  21  [Clause  193],  leave out ‘NHS provider”’ and insert ‘health

service provider”, in relation to an authority to which this section applies,’.

Mr Secretary Lansley

239

Page  181,  line  21  [Clause  193],  leave out from ‘which’ to ‘is’ in line 23 and insert

‘—

(a)
provides services in pursuance of arrangements made—

(i)
by the Board or a clinical commissioning group under section 3,

3A, 3B or 4 or Schedule 1,



© Parliamentary copyright	Revised 7 September 2011