House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Report Stage Proceedings: 7 September 2011
867

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

means by which the Secretary of State intends to fulfil this function in the

following year.’.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1183

Page  2,  line  38  [Clause  3],  leave out ‘have regard to the need to reduce’ and insert

‘act with a view to reducing’.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1197

Page  3,  line  1,  leave out Clause 4.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1194

Page  3,  line  16  [Clause  5],  leave out ‘have regard to the need to’.

Joan Walley

Not called  1242

Page  5,  line  32  [Clause  9],  at end insert—

‘(h)
promoting co-operation between each of the authority’s relevant

partners.’.

Joan Walley

Not called  1243

Page  5,  line  35  [Clause  9],  at end insert—

‘(4A)
For the purposes of this section each of the following is a relevant partner of a

local authority—

(a)
where the authority is a county council for an area for which there is also

a district council, the district council;

(b)
the police authority and the chief officer of police for a police area any

part of which falls within the area of the local authority;

(c)
a local probation board for an area any part of which falls within the area

of the local authority;

(d)
a youth offending team for an area any part of which falls within the area

of the local authority;

(e)
a clinical commissioning group for an area any part of which falls within

the area of the local authority.

(4B)
The relevant partners of a local authority must co-operate with the local authority

in the making of arrangements under this section.’.

Report Stage Proceedings: 7 September 2011
868

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

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

Not called  5

Page  5,  line  43,  leave out Clause 10.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

Not called  1178

Page  7,  line  15  [Clause  11],  leave out from ‘Subsections’ to ‘apply’ and insert ‘(1),

(3) and (4) of section 3C’.

Mr Secretary Lansley

Agreed to  49

Page  9,  line  12  [Clause  14],  leave out subsection (7).

Nick de Bois

Not called  1172

Page  9,  line  35  [Clause  14],  after ‘blood’, insert ‘, haematopoietic stem cells’.

Nick de Bois

Not called  1173

Page  9,  line  37  [Clause  14],  after ‘tissue’, insert ‘, haematopoietic stem cell’.

Mr Secretary Lansley

Agreed to  50

Page  11,  line  24  [Clause  15],  at end insert—

‘( )
Where regulations under subsection (1) require a local authority to exercise any

of the public health functions of the Secretary of State, the regulations may also

authorise or require the local authority to exercise any prescribed functions of the

Secretary of State that are exercisable in connection with those functions

(including the powers conferred by section 12).’.

Mr Secretary Lansley

Agreed to  51

Page  11,  line  27  [Clause  15],  at end insert—

‘( )
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect

of the exercise by a local authority of any of its functions under regulations under

Report Stage Proceedings: 7 September 2011
869

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

subsection (1) are enforceable by or against the local authority (and no other

person).’.

Mr Secretary Lansley

Agreed to  52

Page  12,  line  6  [Clause  16],  at end insert—

‘( )
The making of regulations under subsection (1) does not prevent the Secretary of

State from exercising the specified EU health function.’.

Mr Secretary Lansley

Agreed to  53

Page  12,  line  6  [Clause  16],  at end insert—

‘( )
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect

of the exercise by the Board or a clinical commissioning group of any of its

functions under regulations under subsection (1) are enforceable by or against the

Board or (as the case may be) the group (and no other person).’.

Mr Secretary Lansley

Agreed to  54

Page  14,  line  37  [Clause  19],  at end insert—

‘( )
Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect

of the exercise by a body mentioned in subsection (2) of any function exercisable

by it by virtue of this section are enforceable by or against that body (and no other

person).’.

Mr Secretary Lansley

Agreed to  55

Page  16  [Clause  20],  leave out lines 28 and 29.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

Not called  42

Page  16,  line  34  [Clause  20],  at end insert—

‘13DA
Duty of the Board as to commissioning of services

In carrying out its duties in respect of the commissioning of services the Board

must in the exercise of its functions have regard to the interdependency of

Report Stage Proceedings: 7 September 2011
870

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

services and the impact that the arrangements for the provision for one service

may have on the financial and clinical sustainability of other services.’.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1198

Page  17  [Clause  20],  leave out lines 12 to 19.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1184

Page  17,  line  21  [Clause  20],  leave out ‘have regard to the need to reduce’ and

insert ‘act with a view to’.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1185

Page  17,  line  23  [Clause  20],  leave out ‘reduce’ and insert ‘reducing’.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1186

Page  17,  line  25  [Clause  20],  leave out ‘reduce’ and insert ‘reducing’.

Mr Secretary Lansley

Agreed to  56

Page  17  [Clause  20],  leave out lines 27 and 28.

Mr Secretary Lansley

Agreed to  57

Page  17  [Clause  20],  leave out lines 33 and 34.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1187

Page  17,  line  36  [Clause  20],  leave out ‘act with a view to enabling’ and insert

‘have regard to the need to enable’.

Mr Secretary Lansley

Agreed to  58

Page  17  [Clause  20],  leave out lines 39 and 40.

Report Stage Proceedings: 7 September 2011
871

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

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1188

Page  18,  line  4  [Clause  20],  after ‘functions’, insert ‘have regard to the need to’.

Mr Secretary Lansley

Agreed to  59

Page  18  [Clause  20],  leave out lines 14 and 15.

Andrew George

Greg Mulholland

Caroline Lucas

Not called  1195

Page  18,  line  17  [Clause  20],  leave out ‘have regard to the need to’.

Mr Secretary Lansley

Agreed to  60

Page  18  [Clause  20],  leave out lines 42 to 44 and insert—

‘(3)
The Board must encourage clinical commissioning groups to enter into

arrangements with local authorities in pursuance of regulations under

section 75 where it considers that this would secure—

(a)
that health services are provided in an integrated way and that

this would have any of the effects mentioned in subsection (1)(a)

to (c), or

(b)
that the provision of health services is integrated with the

provision of health-related services or social care services and

that this would have any of the effects mentioned in subsection

(2)(a) to (c).’.

Mr Secretary Lansley

Agreed to  61

Page  19  [Clause  20],  leave out lines 1 and 2.

Mr Secretary Lansley

Agreed to  62

Page  19  [Clause  20],  leave out lines 19 and 20.

Andrew George

Caroline Lucas

Greg Mulholland

Not called  1203

Page  19,  line  28  [Clause  20],  at end insert—

‘13OA
Duty as regards stability of existing NHS services

The Board must not exercise its functions, in particular in respect of section 13I

(Duty as to patient choice) or 13K (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,

Report Stage Proceedings: 7 September 2011
872

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

becoming unviable or unstable due to an unplanned reduction in income or case-

load.’.

Mr Secretary Lansley

Agreed to  63

Page  19,  line  32  [Clause  20],  at end insert ‘in the exercise of its functions’.

Mr Secretary Lansley

Agreed to  64

Page  20  [Clause  20],  leave out lines 3 and 4.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Andrew George

Owen Smith

Not called  46

Page  22 ,  line  12  [Clause  20],  at end insert—

‘(1A)
The Secretary of State must publish guidance to the Board, to which the Board

must have regard, about the exercise of its powers under subsection (1).’.

John Healey

Liz Kendall

Emily Thornberry

Derek Twigg

Owen Smith

Not called  1167

Page  24,  line  16  [Clause  20],  at end insert—

‘Duty to reduce bureaucracy

132ZA
Duty to reduce bureaucracy

(1)
The Board must exercise its powers so as to reduce administrative costs in the

NHS.

(2)
For that purpose the Board must exercise its duties under 14A and 14C to ensure

that at no time there exist more clinical commissioning groups than there were

primary care trusts on 1 April 2011.’.

Mr Secretary Lansley

Agreed to  65

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

Report Stage Proceedings: 7 September 2011
873

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

‘“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

Agreed to  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),

(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).



© Parliamentary copyright	Revised 8 September 2011