Health and Social Care Bill (HC Bill 221)

(2) A person who is requested to supply information under subsection (1) must
comply with the request.

(3) Information supplied to a Health and Wellbeing Board under this section may
be used by the Board only for the purpose of enabling or assisting it to perform
5its functions.

(4) Information requested under subsection (1) must be information that relates
to—

(a) a function of the person to whom the request is made, or

(b) a person in respect of whom a function is exercisable by that person.

10Care Trusts

203 Care Trusts

(1) In section 77 of the National Health Service Act 2006 (Care Trusts), in
subsection (1)—

(a) in paragraph (a), after “an NHS trust” insert “or a commissioning
15consortium or an NHS foundation trust”,

(b) omit the “and” preceding paragraph (b),

(c) in paragraph (b), for “the Secretary of State considers” substitute “the
body and the local authority concerned consider”,

(d) in that paragraph, for “a local authority” substitute “the local
20authority”,

(e) after paragraph (b,) insert “, and

(c) the requirements in subsection (1A) are satisfied,”, and

(f) for “the Secretary of State may” substitute “the body and the local
authority may jointly”.

(2) 25After that subsection insert—

“(1A) The body and the local authority must, before designating the body as
a Care Trust under this section—

(a) publish in the prescribed form and manner—

(i) the reasons why they consider that the proposed
30designation would be likely to have the result
mentioned in subsection (1)(b), and

(ii) information about the proposed governance
arrangements of the Care Trust, and

(b) consult on the proposed designation in accordance with
35regulations.

(1B) Where a body has been designated as a Care Trust under this section,
the body and the local authority must notify prescribed persons of the
designation.”

(3) Omit subsections (2) and (3) of that section.

(4) 40In subsection (4) of that section—

(a) for “The direction is that while the body is designated it” substitute “A
body designated as a Care Trust under this section”,

(b) for “specified in the direction” substitute “agreed”,

(c) for “so specified” substitute “so agreed”, and

(d) at the end insert “; and “agreed” means agreed by the body and the local
authority”.

(5) For subsection (5) of that section substitute—

“(5) Where a body is designated as a Care Trust under this section, the body
5and the local authority may jointly revoke that designation.

(5A) Before revoking a designation as a Care Trust under this section, the
body and the local authority must consult on the proposed revocation
of the designation in accordance with regulations.

(5B) Where the designation of a body as a Care Trust under this section has
10been revoked, the body and the local authority must notify prescribed
persons of the revocation.”

(6) After subsection (5B) of that section insert—

“(5C) Regulations under subsection (1A)(b) or (5A) may include provision
requiring a body and a local authority to publish prescribed
15information following a consultation.”

(7) After subsection (5C) of that section insert—

“(5D) Where a duty is imposed by or by virtue of this section on a body and
a local authority, they may make arrangements for the function to be
discharged—

(a) 20by both of them acting jointly,

(b) by each of them acting separately, or

(c) by one of them acting on behalf of both of them.”

(8) Omit subsection (6) of that section.

(9) Omit subsection (7) of that section.

(10) 25In subsection (9) of that section—

(a) omit paragraph (a),

(b) omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d), for “subsection (3)” substitute “subsection (4)”.

(11) 30In subsection (10) of that section, after “NHS trust” insert “or commissioning
consortium or NHS foundation trust”.

(12) In subsection (12) of that section, in the definition of “NHS functions” after
“NHS trust” insert “or commissioning consortium or NHS foundation trust”.

(13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an
35NHS trust which has satisfied any requirement in relation to consultation
imposed by virtue of subsection (9) of section 77 of the National Health Service
Act 2006 before the commencement of those subsections.

(14) A Primary Care Trust or NHS trust which, after the commencement of
subsection (5), has its designation as a Care Trust revoked must notify the
40Secretary of State of that revocation.

(15) Despite the repeal of subsection (6) of section 77 of the National Health Service
Act 2006 by subsection (8), that subsection continues to have effect so far as it
applies to the revocation of designations—

(a) in relation to Primary Care Trusts, until the commencement of section
30, and

(b) in relation to NHS trusts, until the commencement of section 182.

CHAPTER 3 The Health Service Commissioner for England

204 5Disclosure of reports etc. by the Health Service Commissioner

In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the
Commissioner), after subsection (2H) insert—

“(2I) Where the Commissioner is required by this section to send a report or
statement of reasons to certain persons, the Commissioner may send
10the report or statement to such other persons as the Commissioner
thinks appropriate.”

Part 6 Primary care services

205 General medical services: minor amendments

(1) 15In section 86 of the National Health Service Act 2006 (persons eligible to enter
into general medical services contracts), in subsection (3), in paragraphs (a)
and (b), before “legally and beneficially” insert “both”.

(2) In section 89 of that Act (general medical services contracts: required terms), in
subsection (3), for “may make” substitute “must make”.

(3) 20In section 93 of that Act (persons with whom arrangements may be made
under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
beneficially” insert “both”.

206 Persons eligible to enter into general dental services contracts

(1) 25Section 102 of the National Health Service Act 2006 (persons eligible to enter
into general dental services contracts) is amended as follows.

(2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.

(3) After that subsection insert “,

(d) a limited liability partnership where the conditions in
30subsection (2A) are satisfied.”

(4) In subsection (2), for paragraph (b) substitute—

“(b) subsection (3A) or (3B) applies.”

(5) After that subsection insert—

“(2A) The conditions referred to in subsection (1)(d) are that—

(a) 35at least one member is a dental practitioner, and

(b) subsection (3A) or (3B) applies.”

(6) After subsection (3) insert—

“(3A) This subsection applies if a partner or member who is a dental
practitioner, or who falls within subsection (3C), has the power to
secure that the partnership’s affairs are conducted in accordance with
5that partner’s or member’s wishes.

(3B) This subsection applies if, in any combination of partners or members
who, acting together, have the power (or who, if they were to act
together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
10dental practitioner or a person who falls within subsection (3C).”

(7) After subsection (3B) insert—

“(3C) A person falls within this subsection if the person is—

(a) an NHS employee,

(b) a section 92 employee, section 107 employee, section 50
15employee, section 64 employee, section 17C employee or Article
15B employee,

(c) a health care professional who is engaged in the provision of
services under this Act or the National Health Service (Wales)
Act 2006, or

(d) 20an individual falling within section 108(1)(d).”

207 Arrangements under section 107 of the National Health Service Act 2006

(1) Section 108 of the National Health Service Act 2006 (persons with whom
section 107 arrangements may be made) is amended as follows.

(2) In subsection (1)—

(a) 25before “make an agreement” insert “, subject to such conditions as may
be prescribed,”,

(b) in each of paragraphs (b) and (c), omit “who meets the prescribed
conditions”,

(c) for paragraph (f) substitute—

“(f) 30a dental corporation,”, and

(d) after paragraph (f) insert—

“(fa) a company limited by shares where the conditions in
subsection (1A) are satisfied,

(fb) a limited liability partnership where subsection (1B) or
35(1C) is satisfied,”.

(3) After subsection (1) insert—

“(1A) The conditions referred to in subsection (1)(fa) are that—

(a) every person who owns a share in the company owns it both
legally and beneficially, and

(b) 40it is not possible for two or more members of the company who
are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
company on any matter on which members have such rights.”

(4) After subsection (1A) insert—

“(1B) This subsection applies if a member of the partnership who falls within
subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.

(1C) 5This subsection applies if, in any combination of members of the
partnership who, acting together, have the power (or who, if they were
to act together, would have the power) to secure that the partnership’s
affairs are conducted in accordance with their wishes, at least one of
them falls within subsection (1)(a) to (e).”

(5) 10Omit subsection (2).

(6) In subsection (3)—

(a) at the appropriate place insert—

• ““dental corporation”” means a body corporate which is
  carrying on the business of dentistry in accordance with
  15the Dentists Act 1984,”, and

(b) omit the definition of “qualifying body”.

208 Payments in respect of costs of sight tests

(1) Section 180 of the National Health Service Act 2006 (payments in respect of
costs of optical appliances) is amended as follows.

(2) 20In subsection (3), before paragraph (a) insert—

“(za) provide for payments to be made by the Board to meet, or to
contribute towards, any cost accepted by the Board as having
been incurred for the cost of a sight test of a person who—

(i) falls within section 115(2)(c), but

(ii) 25at the time of the test has not been issued with a notice
by the Secretary of State of entitlement to receive
assistance in respect of the cost of a sight test (or has
been issued with such a notice but has yet to receive it),”.

(3) After that subsection insert—

“(3A) 30The amount of a payment by virtue of subsection (3)(za) or (a) must not
exceed the amount for the time being set in regulations under this
section as the applicable fee in the case in question for the provision of
the sight-testing service under section 115(1)(a).”

209 Pharmaceutical needs assessments

(1) 35In section 128A of the National Health Service Act 2006 (pharmaceutical needs
assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary
Care Trust” substitute “Health and Wellbeing Board”.

(2) In section 24 of that Act (plans for improving health etc.), at the end of
subsection (8)(a) (but before the following “, and”) insert “(other than
40pharmaceutical services or local pharmaceutical services)”.

(3) In section 24A of that Act (report on consultation), in subsection (2), for “Parts
4 to 7” substitute “Parts 4 to 6”.

(4) In section 242 of that Act (public involvement and consultation), in subsection

(1F), after “(1E),” insert “—

(a) health services” does not include pharmaceutical services or
local pharmaceutical services, and

(b)”.

(5) 5In section 242A of that Act (Strategic Health Authorities: further duty to
involve users), at the end of subsection (2) add “; and for that purpose “health
services” does not include pharmaceutical services or local pharmaceutical
services”.

210 Control of entry on pharmaceutical lists

(1) 10Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical lists) is amended as follows.

(2) In subsection (2), in paragraph (c)—

(a) for “must be granted if” substitute “may be granted only if”, and

(b) omit the words from “and may otherwise” to the end.

(3) 15After that subsection insert—

“(2ZA) The Board may not include the Secretary of State, or such other persons
as the regulations may prescribe, in a list prepared for the purposes of
provision under subsection (2)(a).”

(4) In subsection (2A)—

(a) 20for “its needs statement” substitute “the needs statement for the
relevant area”, and

(b) for the words from “it is necessary” to the end substitute “to grant the
application would—

“meet a need in that area for the services or some of the
25services specified in the application, or

(b) secure improvements, or better access, to
pharmaceutical services in that area.”

(5) For subsection (2B) substitute—

“(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is
30the area of the Health and Wellbeing Board which includes the
premises from which the application states that the applicant will
undertake to provide services.”

(6) In subsection (2C), for “(2B)” substitute “(2A)”.

(7) In subsection (4)(c), omit “or (2B)”.

(8) 35In subsection (6)(g)—

(a) after “grounds on which” insert “or circumstances in which”,

(b) before “may, or must,” insert “—

(i)”, and

(c) at the end insert “,

(ii) 40may, or must, remove a person or an entry in
respect of premises from a pharmaceutical list”.

(9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing
Board”.

(10) In section 130(2) of that Act (regulations about appeals from decisions on
applications for inclusion in pharmaceutical list)—

(a) after “an application” insert “on grounds corresponding to the
conditions referred to in section 151(2), (3) or (4) as read with section
5153”, and

(b) omit “(by way of redetermination)”.

(11) In section 136 of that Act (designation of priority neighbourhoods or
premises)—

(a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute
10“relevant areas”, and

(b) after subsection (3) insert—

“(4) Relevant area” has the same meaning as in section 129(2)(a).”

(12) In Schedule 12 to that Act (provision of local pharmaceutical services under
LPS schemes), in paragraph 2—

(a) 15in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
substitute “relevant areas”, and

(b) after sub-paragraph (3) insert—

“(4) Relevant area” has the same meaning as in section
129(2)(a).”

211 20Lists of performers of pharmaceutical services and assistants etc.

(1) Omit the following provisions of the National Health Service Act 2006—

(a) section 146 (lists of persons performing local pharmaceutical services)
and the preceding cross-heading,

(b) section 149 (supplementary lists), and

(c) 25section 150 (further provision about supplementary lists).

(2) After section 147 of that Act insert—

“CHAPTER 4A Lists of performers of pharmaceutical services and assistants

147A Performers of pharmaceutical services and assistants

(1) Regulations may make provision for the preparation, maintenance and
30publication by the Board of one or more lists of—

(a) persons approved by the Board for the purpose of assisting in
the provision of pharmaceutical services which the Board
arranges;

(b) persons approved by the Board for the purpose of performing
35local pharmaceutical services.

(2) The regulations may, in particular, provide that—

(a) a person of a prescribed description may not assist in the
provision of pharmaceutical services which the Board arranges
unless the person is included in a list prepared by virtue of
40subsection (1)(a),

(b) a person of a prescribed description may not perform local
pharmaceutical services unless the person is included in a list
prepared by virtue of subsection (1)(b).

(3) The regulations may, in particular, also include provision as to—

(a) 5the preparation, maintenance and publication of a list,

(b) eligibility for inclusion in a list,

(c) applications for inclusion (including provision for the
procedure for applications and the documents to be supplied on
application, whether by the applicant or by arrangement with
10the applicant),

(d) the grounds on which an application for inclusion may or must
be granted or refused or on which a decision on such an
application may be deferred,

(e) requirements with which a person included in a list must
15comply (including the declaration of financial interests and gifts
and other benefits),

(f) the grounds on which the Board may or must suspend or
remove a person from a list, the procedure for doing so, and the
consequences of doing so,

(g) 20circumstances in which a person included in a list may not
withdraw from it,

(h) payments to or in respect of a person suspended from a list
(including provision for the amount of the payment, or the
method of calculating it, to be determined by the Secretary of
25State or a person appointed by the Secretary of State),

(i) the supply to the Board by an applicant for inclusion in a list, or
by a person included in a list, of a criminal conviction certificate
under section 112 of the Police Act 1997, a criminal record
certificate under section 113 of that Act or an enhanced criminal
30record certificate under section 115 of that Act,

(j) the criteria to be applied in making decisions under the
regulations,

(k) appeals against decisions made by the Board under the
regulations, and

(l) 35disclosure of information about applicants for inclusion, grants
or refusals of applications or suspensions or removals,

and may make any provision corresponding to anything in sections 151
to 159.

(4) Regulations under this section may, in particular, also provide that
40approval for the purposes of either paragraph (a) or paragraph (b) of
subsection (1) is to be treated for the purposes of this section as
approval for the purposes of the other paragraph (and for lists
prepared by virtue of that subsection to be read accordingly).

(5) Regulations under this section may, in particular, also provide for—

(a) 45a person’s inclusion in a list to be subject to conditions
determined by the Board,

(b) the Board to vary the conditions or impose different ones,

(c) the consequences of failing to comply with a condition
(including suspension or removal from a list),

(d) the review by the Board of decisions made by it by virtue of the
regulations.

(6) The imposition of such conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services to
5which a list relates, or

(b) preventing any acts or omissions of the type described in
section 151(3)(a).

(7) If the regulations provide under subsection (3)(f) or (5) that the Board
may suspend or remove a person (P) from a list, they must include
10provision—

(a) requiring P to be given notice of any allegation against P,

(b) giving P the opportunity of putting P’s case at a hearing before
the Board makes any decision as to P’s suspension or removal,
and

(c) 15requiring P to be given notice of the decision of the Board, the
reasons for it and any right of appeal under subsection (8) or (9).

(8) If the regulations provide under subsection (3)(d) or (f) that the Board
may refuse a person’s application for inclusion in a list, or remove a
person from one, the regulations must provide for an appeal to the
20First-tier Tribunal against the decision of the Board.

(9) If the regulations make provision under subsection (5), they must
provide for an appeal by the person in question to the First-tier tribunal
against the decision of the Board—

(a) to impose conditions, or any particular condition,

(b) 25to vary a condition,

(c) to remove the person from the list for breach of condition,

(d) on any review of an earlier such decision of the Board.

(10) Regulations making provision as to the matters referred to in
subsection (3)(l) may in particular authorise the disclosure of
30information—

(a) by the Board to the Secretary of State, and

(b) by the Secretary of State to the Board.

147B Further provision about regulations under section 147A

(1) Regulations under section 147A may require a person (A) included in—

(a) 35a pharmaceutical list, or

(b) a list under section 132(3) (provision of drugs, medicines or
listed appliances),

not to employ or engage a person (B) to assist A in the provision of the
service to which the list relates unless B is included in a list mentioned
40in subsection (2).

(2) The lists are—

(a) a list referred to in subsection (1),

(b) a list under section 147A,

(c) a list under section 91, 106 or 123,

(d) 45a list corresponding to a list under section 91 prepared by the
Board by virtue of regulations made under section 145,

(e) a list corresponding to a list mentioned in any of paragraphs (a)
to (d) prepared by a Local Health Board under or by virtue of
the National Health Service (Wales) Act 2006,

or, in any of the cases in paragraphs (a) to (e), such a list of a prescribed
5description.

(3) If regulations do so require, they may in particular require that both A
and B be included in lists prepared by the Board.”

(3) For the heading of Chapter 5 of Part 7 of that Act substitute “Conditional
inclusion in pharmaceutical lists”.

(4) 10In section 159 of that Act (national disqualification), in subsection (1)—

(a) omit paragraph (b), and

(b) in paragraph (d), for “section 146” substitute “section 147A”.

(5) In section 276 of that Act (index of defined expressions), omit the entry for
“supplementary list”.

(6) 15In Schedule 17 to that Act (exempt information relating to health services), in
paragraph 13(1)(b), for “146” substitute “147A”.

(7) Regulations under section 146 or 149 of that Act having effect immediately
before the commencement of subsection (1) of this section are, despite the
repeals made by that subsection, to continue to have effect as if they had been
20made under section 147A of that Act (as inserted by subsection (2) of this
section).

Part 7 Regulation of health and social care workers

Orders under section 60 of the Health Act 1999

212 25Power to regulate social workers etc. in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is
amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) regulating the social work profession in England,

(bb) 30modifying the regulation of the social work profession in
England, so far as appears to Her to be necessary or expedient
for the purpose of securing or improving the regulation of the
profession or the services which it provides or to which it
contributes,”.

(3) 35In that subsection, after paragraph (bb) insert—

“(bc) regulating social care workers in England who appear to Her to
require regulation in pursuance of this section,

(bd) modifying the regulation of social care workers in England, so
far as appears to Her to be necessary or expedient for the
40purpose of securing or improving their regulation or the
services which they provide or to which they contribute,”.