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Consideration of Bill: 6 September 2011                  

3093

 

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

 
 

Commencement: consultation with Scottish Ministers

 

Mr Secretary Lansley

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must consult the Scottish Ministers before making an order

 

under section 304(4) relating to—

 

(a)    

section 54 (radiation protection functions), so far as relating to the

 

Scottish Ministers,

 

(b)    

section 56 (co-operation in relation to public health functions), so far as

 

relating to the exercise of functions in relation to Scotland by a person to

 

which the provision inserted by subsection (1) of that section applies,

 

(c)    

section 226(4) (requirement for persons advised etc. by the Professional

 

Standards Authority for Health and Social Care to pay fee), so far as

 

relating to the Scottish Ministers,

 

(d)    

section 227(1) (funding of the Professional Standards Authority for

 

Health and Social Care), so far as relating to a body that regulates a

 

profession in Scotland which does not fall within Section G2 of Part 2 of

 

Schedule 5 to the Scotland Act 1998 (health professions),

 

(e)    

section 227(4) and (5) (power of the Professional Standards Authority for

 

Health and Social Care to borrow), so far as relating to functions of the

 

Professional Standards Authority for Health and Social Care which are

 

exercisable in relation to—

 

(i)    

unregulated health professionals in Scotland, unregulated health

 

care workers in Scotland or relevant students in Scotland,

 

(ii)    

a body that maintains a register of persons within sub-

 

paragraph (i),

 

(iii)    

a profession in Scotland which does not fall within Section G2 of

 

Part 2 of Schedule 5 to the Scotland Act 1998, or

 

(iv)    

a body that regulates a profession within sub-paragraph (iii),

 

(f)    

section 228(1) (power of the Professional Standards Authority for Health

 

and Social Care to advise regulatory bodies etc.), so far as relating to a

 

body that regulates a profession in Scotland which does not fall within

 

Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects,

 

health professions and auditors),

 

(g)    

section 229(8) (requirement for the Professional Standards Authority for

 

Health and Social Care to lay copy strategic reports before Parliament

 

etc.), so far as relating to the Scottish Parliament,

 

(h)    

section 230 (appointments to regulatory bodies), so far as relating to—

 

(i)    

the exercise of the appointment functions under subsection (8)(f)

 

of the provision inserted by that section, or

 

(ii)    

subsection (4) of that provision,

 

(i)    

section 231 (establishment of voluntary registers), so far as relating to the

 

establishment and maintenance of relevant registers,

 

(j)    

section 232 (accreditation of voluntary registers), so far as relating to the

 

functions of the Professional Standards Authority for Health and Social

 

Care in relation to relevant registers,

 

(k)    

Part 2 or 3 of Schedule 16 (amendments relating to the Health and Care

 

Professions Council or the Professional Standards Authority for Health

 

and Social Care) and section 233(1) so far as relating to the Part in

 

question, and

 
 

Consideration of Bill: 6 September 2011                  

3094

 

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

 
 

(l)    

paragraphs 1 to 4 of Schedule 22 (amendments of the National Health

 

Service (Scotland) Act 1978 relating to the relationships between the

 

health services) and section 296 so far as relating to those paragraphs.

 

(2)    

In this section—

 

“relevant registers” means—

 

(a)    

registers of unregulated health professionals in Scotland,

 

(b)    

registers of unregulated health care workers in Scotland, or

 

(c)    

registers of relevant students in Scotland,

 

“relevant students in Scotland” means persons participating in studies in

 

Scotland for the purpose of becoming—

 

(d)    

an unregulated health professional,

 

(e)    

an unregulated health care worker, or

 

(f)    

a member of a profession which does not fall within Section G2

 

of Part 2 of Schedule 5 to the Scotland Act 1998,

 

“unregulated health professional” means a person who is or has been

 

practising as an unregulated health professional (within the meaning of

 

the provisions inserted by section 231) and “unregulated health

 

professional in Scotland” means a person who is or has been practising

 

as such in Scotland, and

 

“unregulated health care worker” means a person who is or has been

 

engaged in work as an unregulated health care worker (within the

 

meaning of those provisions) and “unregulated health care worker in

 

Scotland” means a person who is or has been engaged in such work in

 

Scotland.’.

 

 

Requirements as to transparency

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Owen Smith

 

NC10

 

To move the following Clause:—

 

‘(1)    

Regulations may impose requirements on the National Health Service

 

Commissioning Board and clinical commissioning groups for the purpose of

 

ensuring that they are open and transparent in their decisions in commissioning

 

health services for the purpose of the NHS.

 

(2)    

Regulations under this section may in particular impose requirements relating

 

to—

 

(a)    

the imposition of minimum waiting times for patients,

 

(b)    

the imposition of clinical thresholds that a patient must reach before

 

being eligible for treatment.

 

(3)    

The regulations may provide for the requirements imposed, or such of them as are

 

prescribed, not to apply in relation to arrangements of a prescribed description.’.

 

 
 

Consideration of Bill: 6 September 2011                  

3095

 

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

 
 

Financial duties on clinical commissioning groups: administrative costs

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Owen Smith

 

NC11

 

To move the following Clause:—

 

‘After section 223K of the National Health Service Act 2006 insert—

 

“223L

Financial duties on clinical commissioning groups: administrative   

 

costs

 

(1)    

The Board must direct clinical commissioning groups to ensure that their

 

expenditure on administrative costs does not exceed a prescribed

 

percentage of their resource.

 

(2)    

The Board must ensure that the total national limit on clinical

 

commissioning groups expenditure on administrative costs in any year

 

from April 2014 does not exceed 55 per cent. of the total spent on

 

administrative costs by primary care trusts in the financial year 2009-

 

10.”’.

 

 

Secretary of State’s duty as to education and training

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

NC12

 

To move the following Clause:—

 

‘After section 1F of the National Health Service Act 2006 insert—

 

“1G    

Secretary of State’s duty as to education and training

 

For the purposes of improving the quality of patient care, the Secretary

 

of State has a duty to maintain a comprehensive, multi-professional

 

education and training system for health professionals and to ensure the

 

continued professional development of all staff delivering NHS

 

services.”’.

 

 
 

Consideration of Bill: 6 September 2011                  

3096

 

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

 
 

Providers’ duty as to education and training

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

NC13

 

To move the following Clause:—

 

‘For the purposes of improving the quality of patient care, all providers of

 

services for the purposes of the health service have a duty to contribute towards

 

the maintenance of a comprehensive, multi-professional education and training

 

system for health professionals and to ensure the continued professional

 

development of all their staff delivering health services.’.

 

 

Duties of clinical commissioning groups as to persons for whom they are responsible

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

NC14

 

To move the following Clause:—

 

‘After section 3B of the National Health Service Act 2006 insert—

 

“3C    

Duties of clinical commissioning groups as to persons for whom they

 

are responsible

 

(1)    

A clinical commissioning group has responsibility for persons who

 

usually reside in the clinical commissioning group’s area.

 

(2)    

Regulations may provide that for the purposes of this section a clinical

 

commissioning group also has responsibility (whether generally or in

 

relation to a prescribed service or facility) for persons who—

 

(a)    

were provided with primary medical services by a person who is

 

or was a member of the clinical commissioning group,

 

(b)    

have a prescribed connection with the clinical commissioning

 

group’s area, or

 

(c)    

are provided with primary medical services by a member of the

 

clinical commissioning group.

 

(3)    

The power conferred by section 3(1B)(b) must be exercised so as to

 

provide that, in relation to the provision of services or facilities for

 

emergency care, a clinical commissioning group has responsibility for

 

every person present in its area.

 

(4)    

Regulations may provide that section 3(1A) does not apply—

 
 

Consideration of Bill: 6 September 2011                  

3097

 

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

 
 

(a)    

in relation to persons of a prescribed description (which may

 

include a description framed by reference to the primary medical

 

services with which the persons are provided);

 

(b)    

in prescribed circumstances.

 

(5)    

The duty in subsection (1) does not apply in relation to a service or

 

facility if the Board has a duty to arrange for its provision.”.’.

 

 

Requirements on Board and clinical commissioning groups

 

John Healey

 

Liz Kendall

 

Emily Thornberry

 

Derek Twigg

 

Andrew George

 

Owen Smith

 

NC15

 

To move the following Clause:—

 

‘(1)    

Regulations may impose requirements on the National Health Service

 

Commissioning Board and clinical commissioning groups for the purpose of

 

securing that, in commissioning health care services for the purposes of the NHS,

 

they—

 

(a)    

adhere to good practice in relation to procurement;

 

(b)    

protect and promote the right of patients to make choices with respect to

 

treatment; and

 

(c)    

promote collaboration and integration in the provision of health care

 

services in the interests of people who use such services.

 

(2)    

Requirements imposed by regulations under this section apply to an arrangement

 

for the provision of goods and services only if the value of the consideration

 

attributable to the services is greater than that attributable to the goods.

 

(3)    

Regulations under this section may, in particular, impose requirements relating

 

to—

 

(a)    

tendering for the provision of services; and

 

(b)    

the management of conflicts between the interests involved in

 

commissioning services and the interests involved in providing them.

 

(4)    

The regulations may provide for the requirements imposed, or such of them as are

 

prescribed, not to apply in relation to arrangements of a prescribed description.’.

 

 

Distribution of health service functions

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

NC16

 

To move the following Clause:—

 
 

Consideration of Bill: 6 September 2011                  

3098

 

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

 
 

‘(1)    

The Secretary of State may direct the NHS Commissioning Board, or a clinical

 

commissioning group, to exercise any of his functions relating to the health

 

service which are specified in the directions.

 

(2)    

The functions which may be specified in directions include functions under

 

enactments relating to mental health and care homes.’.

 

 

Secretary of State’s directions to health service bodies

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may give directions to any of the bodies mentioned in

 

subsection (2) about its exercise of any functions.

 

(2)    

The bodies are—

 

(a)    

the NHS Commissioning Board; and

 

(b)    

clinical commissioning groups.

 

(3)    

Nothing in provisions made by or under this or any other Act affects the

 

generality of subsection (1).’.

 

 

Care Quality Commission: duty as regards stability of existing NHS services

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

NC18

 

To move the following Clause:—

 

‘The Care Quality Commission, in exercising its functions, must have regard to

 

the need to avoid existing NHS services, including but not restricted to,

 

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

 

research or case-load, becoming viable or unstable due to an unplanned reduction

 

in income or caseload.’.

 

 
 

Consideration of Bill: 6 September 2011                  

3099

 

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

 
 

Clinical commissioning group commissioning work: public function

 

Andrew George

 

Caroline Lucas

 

Greg Mulholland

 

NC20

 

To move the following Clause:—

 

‘The Secretary of State must issue directions to clinical commissioning groups

 

which will ensure that commissioning work is predominantly retained as a

 

function by staff directly employed by the clinical commissioning group.’.

 

 

Duty of candour

 

Dr John Pugh

 

Greg Mulholland

 

Andrew George

 

NC21

 

To move the following Clause:—

 

‘The Secretary of State following consultation shall bring forward by statutory

 

instrument regulations establishing in law a duty of candour and requiring all

 

commissioners and providers of NHS care and clinical services to observe it.’.

 

 

Chief environmental health officer for England

 

Joan Walley

 

NC23

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State shall appoint a Chief Environmental Officer for England.

 

(2)    

The Chief Environmental Health Officer for England shall give advice to and

 

report to the Chief Medical Officer for England on all such aspects of

 

environmental and public health as are relevant to the public health functions

 

referred to in section 2A of the National Health Service 2006 Act and the duties

 

referred to in section 2B of that Act.

 

(3)    

The Secretary of State shall report to Parliament annually on the work of the

 

Chief Environmental Health Officer for England.’.

 

 

Andrew George

 

Greg Mulholland

 

Caroline Lucas

 

1222

 

Page  2,  line  2  [Clause  1],  leave out ‘promote’ and insert ‘provide or secure a’.

 
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Revised 6 September 2011