House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Consideration of Bill: 6 September 2011
3142

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

Mr Secretary Lansley

341

Page  316,  line  20  [Schedule  5],  after ‘to’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

342

Page  316,  line  29  [Schedule  5],  at end insert—

      ‘()
After subsection (7) insert—

“(7A)
References in this Act to a hospital or accommodation made available

or provided pursuant to arrangements made by the Secretary of State

under the National Health Service Act 2006 are references to a

hospital or accommodation made available or provided pursuant to

arrangements so made in the exercise of the public health functions of

the Secretary of State (within the meaning of that Act).

(7B)
References in this Act to arrangements made by the National Health

Service Commissioning Board or a clinical commissioning group

under the National Health Service Act 2006 include references to

arrangements so made by virtue of section 7A of that Act.”’.

Mr Secretary Lansley

343

Page  316,  line  40  [Schedule  5],  after ‘services’, insert ‘(including services that may

be provided pursuant to such arrangements by virtue of section 7A of that Act)’.

Mr Secretary Lansley

344

Page  317,  line  31  [Schedule  5],  leave out from ‘substitute’ to end of line 33 and

insert ‘“by any person in pursuance of arrangements made by the National Health Service

Commissioning Board or by a clinical commissioning group under the National Health

Service Act 2006 (including by virtue of section 7A of that Act)”.’.

Mr Secretary Lansley

345

Page  318,  line  22  [Schedule  5],  at end insert—

‘
The Health Service Commissioners Act 1993 is amended as follows.


In section 2 (health service bodies subject to investigation), in subsection (1)—

(a)
omit paragraph (a),

(b)
omit paragraph (da), and

(c)
after paragraph (db) insert—

“(dc)
the National Health Service Commissioning Board,

(dd)
clinical commissioning groups.”’.


In section 2A (health service providers subject to investigation), in subsection

(1)(a) for “a Primary Care Trust” substitute “the National Health Service

Commissioning Board”.

    (1)
Section 14 (reports etc. by the Commissioner) is amended as follows.

Consideration of Bill: 6 September 2011
3143

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

      (2)
In subsection (1)—

(a)
at the end of paragraph (c) insert “and”, and

(b)
omit paragraph (e) and the preceding “and”.

      (3)
In subsection (2A)—

(a)
at the end of paragraph (d) insert “and”, and

(b)
omit paragraph (f) and the preceding “and”.

      (4)
In subsection (2C)—

(a)
at the end of paragraph (d) insert “and”, and

(b)
omit paragraph (f) and the preceding “and”.

      (5)
Omit subsection (2E)(e).

      (6)
In subsection (2G)—

(a)
at the end of paragraph (c) insert “and”, and

(b)
omit paragraph (e) and the preceding “and”.’.

Mr Secretary Lansley

346

Page  318,  line  23  [Schedule  5],  leave out ‘of the Health Service Commissioners

Act 1993’.

Mr Secretary Lansley

347

Page  322,  line  36  [Schedule  5],  at end insert—

‘Regulation of Investigatory Powers Act 2000 (c. 23)


In section 4 of the Regulation of Investigatory Powers Act 2000 (power to

provide for lawful interception) in subsection (5) for “section 8 of the National

Health Service Act 2006” substitute “section 4(3A)(a) of the National Health

Service Act 2006”.’.

Caroline Lucas

1182

Page  323,  line  5  [Schedule  5],  at end insert—

‘(d)
in sub-paragraph (a) of paragraph 43A, after “made under” insert

“section 83(2)”’.

Mr Secretary Lansley

348

Page  323,  line  29  [Schedule  5],  after ‘2006’, insert ‘(including by virtue of section

7A of that Act)’.

Consideration of Bill: 6 September 2011
3144

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

Mr Secretary Lansley

349

Page  325,  line  16  [Schedule  5],  at end insert—

‘
In section 113 (complaints about health care), in subsection (1), after

paragraph (c) insert—

“(d)
anything done by the National Health Service Commissioning

Board or a clinical commissioning group in pursuance of

arrangements made under section 7A of the National Health

Service Act 2006.”’.

Mr Secretary Lansley

350

Page  326,  line  17  [Schedule  5],  at end insert—

‘“( )
the Secretary of State, in relation to the exercise of functions under

section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the

National Health Service Act 2006,’.

Mr Secretary Lansley

351

Page  327,  line  18  [Schedule  5],  at end insert—

‘Civil Contingencies Act 2004 (c. 36)

    (1)
Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2

responders) is amended as follows.

      (2)
In Part 1 (which contains the general list of Category 1 responders)—

(a)
after the cross-heading “Health” insert—

“4A
The National Health Service Commissioning Board.”, and

(b)
omit paragraph 7.

      (3)
In Part 3 (which contains the general list of Category 2 responders)—

(a)
after the cross-heading “Health” insert—

“29ZA
A clinical commissioning group established under section

14D of the National Health Service Act 2006.”, and

(b)
omit paragraph 29A.’.

Mr Secretary Lansley

352

Page  327,  line  45  [Schedule  5],  leave out ‘and’ and insert—

‘( )
after that paragraph insert—

“(aa)
in relation to England, if the hospital falls within

paragraph (a)(i) or (ii) and no Special Health

Consideration of Bill: 6 September 2011
3145

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

Authority has responsibility for its administration,

the Secretary of State;”,’.

Mr Secretary Lansley

353

Page  331,  line  9  [Schedule  5],  after ‘networks)’ insert ‘—

(a)
for “services-provider”, in each place it appears, substitute “responsible

person”,

(b)
in subsection (2), before paragraph (a) insert—

“(za)
the National Health Service Commissioning Board;

(zb)
a clinical commissioning group;”,

(c)
’.

Mr Secretary Lansley

354

Page  331,  line  9  [Schedule  5],  at end insert ‘, and

( )
in the title, for “services-providers” substitute “responsible persons”.

Mr Secretary Lansley

355

Page  333,  line  24  [Schedule  5],  leave out ‘or 12’.

Mr Secretary Lansley

356

Page  335,  line  45  [Schedule  5],  at end insert—

‘
In section 36 (disclosure of information by Her Majesty’s Revenue and

Customs), in subsection (3) after paragraph (a) insert—

“(aa)
the National Health Service Commissioning Board;”.’.

Mr Secretary Lansley

357

Page  336,  line  36  [Schedule  6],  at end insert—

‘Modification of requirements as to consultation

    (1)
If, at any time before the commencement of section 6, the Secretary of State

consults a Special Health Authority as to the making of regulations under

section 3B of the 2006 Act (as inserted by section 12), the consultation is to be

treated for the purposes of subsection (4)(b) of section 3B as consultation with

the Board.

      (2)
If, at any time before the commencement of section 6, the Secretary of State

consults a Special Health Authority about the objectives or requirements to be

included in the first mandate published under section 13A of the 2006 Act (as

Consideration of Bill: 6 September 2011
3146

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

inserted by section 20), the consultation is to be treated for the purposes of

subsection (8)(a) of section 13A as consultation with the Board.’.

Mr Secretary Lansley

358

Page  336,  line  37  [Schedule  6],  at end insert—

‘1A(1)
This paragraph applies if section 18 is commenced before section 29(1).

      (2)
Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if

after “Special Health Authority” there were inserted “or Strategic Health

Authority”.

      (3)
Sub-paragraph (4) applies in relation to any direction given under section 7(1)

of the 2006 Act to a Strategic Health Authority which has effect immediately

before section 18 is commenced.

      (4)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Strategic Health Authority under section 7(1) of the 2006 Act (as

it has effect by virtue of sub-paragraph (2)).

      (5)
Sub-paragraph (6) applies in relation to any direction given under section 7(2)

of the 2006 Act to a Special Health Authority in respect of the functions of a

Strategic Health Authority which has effect immediately before section 18 is

commenced.

      (6)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Special Health Authority in respect of the functions of the

Strategic Health Authority under section 7(1) of the 2006 Act.

      (7)
Any reference in this paragraph to section 7(1) of the 2006 Act is a reference

to that provision as amended by section 18.’.

Mr Secretary Lansley

359

Page  337,  line  24  [Schedule  6],  at end insert—

‘
Any reference in paragraphs 1A to 3 to the commencement of section 18 is to

its commencement by virtue of an order under section 304(4) (and not to its

commencement for limited purposes by virtue of section 304(1)(d)).’.

Mr Secretary Lansley

360

Page  337,  line  28  [Schedule  6],  after “Trusts”, insert “or Strategic Health

Authorities’.

Mr Secretary Lansley

361

Page  339,  line  14  [Schedule  6],  at end insert—

      ‘()
Any reference (however expressed) in the following provisions of Chapter A2

of Part 2 of the National Health Service Act 2006 to the functions of a clinical

commissioning group includes a reference to the functions of a Primary Care

Trust that are exercisable by the group by virtue of sub-paragraph (1)—

(a)
section 14O(1),

Consideration of Bill: 6 September 2011
3147

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

(b)
section 14P,

(c)
section 14Q(1),

(d)
section 14S(1),

(e)
section 14T(1),

(f)
section 14U(1),

(g)
section 14V(1),

(h)
section 14W(1),

(i)
section 14X,

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

(k)
section 14Z1(7).

(l)
section 14Z2(1),

(m)
section 14Z3(2),

(n)
section 14Z5(7) insofar as it defines “commissioning functions” in

section 14Z6,

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

(p)
in Schedule 1A, paragraphs 3(1) and (3), 5 and 11(6)(b).’.

Mr Secretary Lansley

362

Page  339,  line  14  [Schedule  6],  at end insert—

      ‘()
Arrangements made under sub-paragraph (1) do not affect the liability of the

Primary Care Trust for the exercise of any of its functions.’.

Mr Secretary Lansley

363

Page  339,  line  14  [Schedule  6],  at end insert—

‘Power to make payments to the Board during initial period

    (1)
The Secretary of State may make payments to the Board of such amounts as

the Secretary of State considers appropriate towards meeting the expenditure

of the Board which is attributable to the performance by it of its functions

during the initial period.

      (2)
Payments under sub-paragraph (1) may be made at such times and on such

terms and conditions as the Secretary of State considers appropriate.’.

Mr Secretary Lansley

364

Page  339,  line  14  [Schedule  6],  at end insert—

‘Support for clinical commissioning groups during initial period

    (1)
A Primary Care Trust may provide assistance or support to a clinical

commissioning group during the initial period.

      (2)
The assistance that may be provided includes—

(a)
financial assistance, and

(b)
making the services of the Trust’s employees or any other resources of

the Trust available to the group.

      (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.

Consideration of Bill: 6 September 2011
3148

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

      (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

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).’.



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