House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 7 September 2011
901

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

insert ‘, a clinical commissioning group or a local authority’.

Mr Secretary Lansley

Agreed to  311

Page  281,  line  31  [Schedule  4],  leave out ‘or a commissioning consortium’ and

insert ‘, a clinical commissioning group or a local authority’.

Mr Secretary Lansley

Agreed to  312

Page  281,  line  35  [Schedule  4],  at end insert—

‘
In section 29 (exercise of Special Health Authority functions), in subsection

(2)(a)—

(a)
omit “, section 14”, and

(b)
omit “, section 19”.’.

Mr Secretary Lansley

Agreed to  313

Page  282,  line  14  [Schedule  4],  at end insert —

‘( )
after paragraph (h) (and before the “and” immediately following it)

insert—

“(ha)
a company formed under section 223 and wholly or

partly owned by the Secretary of State or the Board,”,

and’.

Mr Secretary Lansley

Agreed to  314

Page  282,  line  15  [Schedule  4],  leave out from ‘(i)’ to end of line 16 and insert ‘—

(i)
for “paragraphs (a) to (h)”, in the first place where it occurs,

substitute “paragraphs (za) to (ha)”, and

(ii)
for “paragraphs (a) to (h)”, in the second place where it occurs,

substitute “paragraphs (za) to (h)”.’.

Mr Secretary Lansley

Agreed to  315

Page  282,  line  17  [Schedule  4],  after ‘(2A)’, insert ‘—

( )
after paragraph (a) insert—

“(ab)
in relation to a company within paragraph (ha) of

subsection (2), means the company’s activities in

providing facilities or services to any person or

body;”, and’.

Mr Secretary Lansley

Agreed to  316

Page  282,  line  32  [Schedule  4],  leave out ‘In Schedule 4,’ and insert—

    ‘(1)
Schedule 4 (NHS trusts) is amended as follows.

      (2)
In paragraph (5)(1)(f), omit “Primary Care Trusts,”.

      (3)
In paragraph 6—

(a)
in sub-paragraph (1) —

Report Stage Proceedings: 7 September 2011
902

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

(i)
omit “Strategic Health Authority,” and

(ii)
omit “, Primary Care Trust”, and

(b)
in sub-paragraph (2) —

(i)
omit “Strategic Health Authority,” and

(ii)
omit “, Primary Care Trust”.

      (4)
In paragraph 7(3), omit “Strategic Health Authority,”.

      (5)
In paragraph 8—

(a)
in sub-paragraph (1), omit “, Primary Care Trust” (in each place where

it occurs), and

(b)
in sub-paragraph (4), omit “, Primary Care Trust”,

(c)
in sub-paragraph (5), omit “, Primary Care Trust” (in each place where

it occurs),

(d)
in sub-paragraph (6)(b), omit “, Primary Care Trust”, and

(e)
in sub-paragraph (9)(b), omit “, Primary Care Trust”.

      (6)
In paragraph 9—

(a)
in sub-paragraph (1)—

(i)
omit “a Strategic Health Authority,”, and

(ii)
omit “a Primary Care Trust,”,

(b)
in sub-paragraph (3)—

(i)
omit “Strategic Health Authority,”, and

(ii)
omit “Primary Care Trust,”,

(c)
in sub-paragraph (6)—

(i)
omit “a Strategic Health Authority,”, and

(ii)
omit “, a Primary Care Trust,”,

(d)
in sub-paragraph (7)—

(i)
in paragraph (a), omit “Strategic Health Authority,”,

(ii)
in that paragraph omit “or belong to a Primary Care Trust”,

and

(iii)
in the words following paragraph (b)—

(a)
omit “Strategic Health Authority,”, and

(b)
omit “Primary Care Trust,”.’.

Mr Secretary Lansley

Agreed to  317

Page  282,  line  32  [Schedule  4],  at end insert—

      ‘()
In paragraph 18—

(a)
omit “Strategic Health Authority,” and

(b)
omit “Primary Care Trust,”.

      ()
In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.

      ()
In paragraph 30, in sub-paragraph (1)—

(a)
omit “Strategic Health Authority,” and

(b)
omit “Primary Care Trust,”.’.

Report Stage Proceedings: 7 September 2011
903

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

Mr Secretary Lansley

Agreed to  318

Page  283,  line  34  [Schedule  4],  at end insert ‘(including by virtue of section 7A)’.

Mr Secretary Lansley

Agreed to  319

Page  284,  line  37  [Schedule  4],  at end insert—

‘( )
The reference in subsection (9) to arrangements made by the Board or (as the case

may be) a clinical commissioning group include references to arrangements so

made by virtue of section 7A.”’.

Mr Secretary Lansley

Agreed to  320

Page  296,  line  16  [Schedule  4],  after ‘(4A)(a)’ insert ‘—

(a)
’.

Mr Secretary Lansley

Agreed to  321

Page  296,  line  16  [Schedule  4],  after ‘Board”’ insert ‘, and

(b)
for “to persons who provide” substitute “for providing”.’.

Mr Secretary Lansley

Agreed to  322

Page  302,  line  21  [Schedule  4],  leave out paragraph (c) and insert—

‘(c)
for paragraph (d) substitute —

“(d)
in any other case—

(i)
where the hospital is vested in the Secretary of

State, the Special Health Authority exercising

functions of the Secretary of State in respect of

it or, where there is no such Special Health

Authority, the Secretary of State,

(ii)
where the Welsh Ministers have functions in

respect of the hospital, the Special Health

Authority or Local Health Board exercising

those functions.”’.

Mr Secretary Lansley

Agreed to  323

Page  303,  line  42  [Schedule  4],  at end insert ‘or

Report Stage Proceedings: 7 September 2011
904

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

(iii)
pursuant to arrangements made in the exercise (by any person) of

the public health functions of the Secretary of State or a local

authority.”’.

Mr Secretary Lansley

Agreed to  324

Page  305,  line  32  [Schedule  4],  at end insert—

‘
In section 271 (territorial limit of exercise of functions), in the words in

brackets in subsection (3)(a), after “directions to” insert “certain”.’.

Mr Secretary Lansley

Agreed to  325

Page  305,  line  32  [Schedule  4],  at end insert—

‘
After section 271 insert—

“271A
Services to be treated as services of the Crown for certain purposes

(1)
Services to which this section applies are to be treated as services of

the Crown for the purposes of—

(a)
Schedule 1 to the Registered Designs Act 1949 (provisions as

to the use of registered designs for the services of the Crown

etc.), and

(b)
sections 55 to 59 of the Patents Act 1977 (use of patented

inventions for the services of the Crown).

(2)
This section applies to services provided in pursuance of—

(a)
the functions of the Board or a clinical commissioning group

under section 3, 3A, 3B or 4 or Schedule 1, or

(b)
the public health functions of a local authority.”’.

Mr Secretary Lansley

Agreed to  326

Page  305,  line  34  [Schedule  4],  after ‘(3)’, insert ‘—

(a)
omit paragraph (b), and’.

Mr Secretary Lansley

Agreed to  327

Page  305,  line  40  [Schedule  4],  after ‘(4)(c)(ii)’, insert ‘—

(a)
after “8,” insert “13Z1,”, and’.

Mr Secretary Lansley

Agreed to  328

Page  306,  line  21  [Schedule  4],  at end insert—

Report Stage Proceedings: 7 September 2011
905

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

      ‘()
Until the commencement of section 29, the definition of “NHS body” in

section 275 of the National Health Service Act 2006 has effect as if it included

a reference to a Strategic Health Authority.’.

Mr Secretary Lansley

Agreed to  329

Page  310,  line  5  [Schedule  5],  at end insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  330

Page  310,  line  15  [Schedule  5],  after ‘(2)’, insert ‘(as substituted by the National

Health Service Reorganisation Act 1973)’.

Mr Secretary Lansley

Agreed to  331

Page  310,  line  45  [Schedule  5],  at end insert—

‘Local Government Act 1974 (c. 7)


In section 26 of the Local Government Act 1974 (matters subject to

investigation by Local Commissioner), in subsection (1), after paragraph (c)

insert—

“(d)
an alleged or apparent failure in a service provided by the

authority in pursuance of arrangements under section 7A of

the National Health Service Act 2006;

(e)
an alleged or apparent failure to provide a service in

pursuance of such arrangements.”’.

Mr Secretary Lansley

Agreed to  332

Page  312,  line  37  [Schedule  5],  at end insert—

‘( )
after “the National Health Service (Wales) Act 2006,” (in the

second place where it occurs) insert “the Secretary of State

where the Secretary is responsible for the administration of

the hospital or”,’.

Mr Secretary Lansley

Agreed to  333

Page  313,  line  11  [Schedule  5],  leave out from ‘(2)(aa)’ to end of line 13 and insert

‘—

(a)
omit “under section 92 of the National Health Service Act 2006 or”,

(b)
after “section 100” insert “of the National Health Service Act 2006 or

an agreement under section 107”,

Report Stage Proceedings: 7 September 2011
906

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

(c)
omit “under section 50 of the National Health Service (Wales) Act

2006 or”, and

(d)
after “section 57” insert “of the National Health Service (Wales) Act

2006 or an agreement under section 64”.’.

Mr Secretary Lansley

Agreed to  334

Page  315,  line  3  [Schedule  5],  after ‘insert “’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  335

Page  315,  line  11  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  336

Page  315,  line  18  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  337

Page  315,  line  32  [Schedule  5],  after ‘insert “’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  338

Page  315,  line  47  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  339

Page  316,  line  6  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  340

Page  316,  line  16  [Schedule  5],  after ‘by’, insert ‘the Secretary of State,’.

Mr Secretary Lansley

Agreed to  341

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

Mr Secretary Lansley

Agreed to  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

Report Stage Proceedings: 7 September 2011
907

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

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

Agreed to  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

Agreed to  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

Agreed to  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.

      (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)—



© Parliamentary copyright	Revised 8 September 2011