Lords Amendments to the Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

LORDS amendments to the
Health and Social Care Bill
[The page and line references are to HL Bill 92, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 1, after “of” insert “physical and mental”
2
Page 2, line 4, at end insert—

“( )
The Secretary of State retains ministerial responsibility to Parliament for

the provision of the health service in England.”
After Clause 2
3
Insert the following new Clause—

“The Secretary of State’s duty as to the NHS Constitution

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

“1AA
Duty as to the NHS Constitution

(1)
In exercising functions in relation to the health service, the

Secretary of State must have regard to the NHS Constitution.

(2)
In this Act, “NHS Constitution” has the same meaning as in Chapter

1 of Part 1 of the Health Act 2009 (see section 1 of that Act).””
Clause 4
4
Page 3, line 5, leave out from “must” to end of line 6 and insert “have regard to the

desirability of securing, so far as consistent with the interests of the health

service—”
5
Page 3, line 11, at end insert—

“( )
If, in the case of any exercise of functions, the Secretary of State

considers that there is a conflict between the matters mentioned in

subsection (1) and the discharge by the Secretary of State of the

Bill 321 55/1

2

duties under section 1, the Secretary of State must give priority to

the duties under that section.””
Clause 5
6
Page 3, line 16, leave out “have regard to the need to”
After Clause 5
7
Insert the following new Clause—

“The Secretary of State’s duty as to education and training

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

“1DA
Duty as to education and training

(1)
The Secretary of State must exercise the functions of the Secretary

of State under any relevant enactment so as to secure that there is

an effective system for the planning and delivery of education and

training to persons who are employed, or who are considering

becoming employed, in an activity which involves or is connected

with the provision of services as part of the health service in

England.

(2)
Any arrangements made with a person under this Act for the

provision of services as part of that health service must include

arrangements for securing that the person co-operates with the

Secretary of State in the discharge of the duty under subsection (1)

(or, where a Special Health Authority is discharging that duty by

virtue of a direction under section 7, with the Special Health

Authority).

(3)
In subsection (1), “relevant enactment” means—

(a)
section 63 of the Health Services and Public Health Act 1968,

(b)
this Act,

(c)
the Health and Social Care Act 2008,

(d)
the Health Act 2009, and

(e)
the Health and Social Care Act 2012.””
8
Insert the following new Clause—

“Secretary of State’s duty as to reporting on and reviewing treatment of

providers

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

“1DB
Secretary of State’s duty as to reporting on and reviewing

treatment of providers

(1)
The Secretary of State must within one year of the passing of the

Health and Social Care Act 2012, lay a report before Parliament on

the treatment of NHS health care providers as respects any matter,

including taxation, which might affect their ability to provide

health care services for the purposes of the NHS or the reward

available to them for doing so.

3

(2)
The report must include recommendations as to how any

differences in the treatment of NHS health care providers identified

in the report could be addressed.

(3)
The Secretary of State must keep under review the treatment of

NHS health care providers as respects any such matter as is

mentioned in subsection (1).

(4)
In this section—

(a)
“NHS health care providers” means persons providing or

intending to provide health care services for the purposes of

the NHS, and

(b)
“health care services for the purposes of the NHS” has the

same meaning as in Part 3 of the Health and Social Care Act

2012.””
Clause 10
9
Page 6, line 36, at end insert—

“( )
After subsection (1E) insert—

“(1F)
In exercising its functions under this section and section 3A, a

clinical commissioning group must act consistently with—

(a)
the discharge by the Secretary of State and the Board of their

duty under section 1(1) (duty to promote a comprehensive

health service), and

(b)
the objectives and requirements for the time being specified

in the mandate published under section 13A.””
10
Page 6, line 41, at end insert—

“( )
In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) before paragraph (za) insert—

“(zza)
regulations under section 3(1D),”.”
Clause 14
11
Page 9, line 24, after “(1)(d)” insert “—

(i)
”
12
Page 9, line 25, after “authority”” insert “, and

(ii)
after “paragraph 7A” insert “and of any other prescribed

information relating to the children concerned”, and

(c)
in sub-paragraph (2) after “such weighing or measuring” insert “or

in relation to information prescribed under sub-paragraph (1)””
Clause 18
13
Page 14, line 24, at end insert—

“( )
Subsection (1) does not apply to any function of the Secretary of State of

making an order or regulations.”
14
Page 14, line 36, at end insert—

“(6)
In section 273 of that Act (further provision about orders and directions), in

subsection (4)(b)—

4

(a)
before paragraph (i) insert—

“(zi)
section 7 about a function of a person other than the

Secretary of State,” and

(b)
in paragraph (i) after “a function” insert “of the Secretary of State”.”
Clause 20
15
Page 16, line 30, at end insert—

“( )
Requirements included in the mandate have effect only if regulations so

provide.”
16
Page 16, line 42, at end insert—

“( )
Revisions to the mandate which consist of adding, omitting or modifying

requirements have effect only if regulations so provide.”
17
Page 17, line 36, leave out from “must” to end of line 37 and insert “have regard to

the desirability of securing, so far as consistent with the interests of the health

service—”
18
Page 17, line 42, at end insert—

“( )
If, in the case of any exercise of functions, the Board considers that there is

a conflict between the matters mentioned in subsection (1) and the

discharge by the Board of its duties under sections 1(1) and 1E(3)(b), the

Board must give priority to those duties.”
19
Page 18, line 11, leave out from “decisions” to end and insert “which relate to—

(a)
the prevention or diagnosis of illness in the patients, or

(b)
their care or treatment.”
20
Page 18, line 34, leave out “have regard to the need to”
21
Page 18, line 37, at end insert—

“13LA
Duty as to promoting education and training

The Board must, in exercising its functions, have regard to the need to

promote education and training for the persons mentioned in section

1DA(1) so as to assist the Secretary of State in the discharge of the duty

under that section.”
22
Page 21, line 22, after “13E” insert “, 13G”
23
Page 21, line 38, after “13E” insert “, 13G”
24
Page 24, line 5, at end insert—

“( )
For the purposes of this section a failure to discharge a function

properly includes a failure to discharge it consistently with what

the Secretary of State considers to be the interests of the health

service.”
25
Page 24, line 30, leave out “This section has” and insert “Paragraphs (a) to (c) and

(h) of subsection (1) have”
26
Page 25, line 9, at end insert—

“section 13LA,”