12321.14-19

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

14

Clause 101
98
Page 115, line 10, at end insert “or the conditions of a particular licence”
Clause 107
99
Page 118, line 5, leave out from “include” to the end of line 7 and insert

“information which it is satisfied is—

(a)
commercial information the disclosure of which would, or might,

significantly harm the legitimate business interests of the person to

whom it relates;

(b)
information relating to the private affairs of an individual the

disclosure of which would, or might, significantly harm that

person’s interests.”
Clause 109
100
Page 118, line 26, leave out subsection (1) and insert—

“(1)
Where Monitor is satisfied that the governance of an NHS foundation trust

is such that the trust will fail to comply with the conditions of its licence,

Monitor may include in the licence such conditions relating to governance

as it considers appropriate for the purpose of reducing that risk.

(1A)
The circumstances in which Monitor may be satisfied as mentioned in

subsection (1) include circumstances where it is satisfied that the council of

governors, the board of directors or the council of governors and board of

directors taken together are failing—

(a)
to secure compliance with conditions in the trust’s licence, or

(b)
to take steps to reduce the risk of a breach of a condition in the

trust’s licence.”
101
Page 118, line 35, leave out from “notice” to end of line 39 and insert “require the

trust to—”
102
Page 119, line 3, leave out from “has” to end of line 7 and insert “failed or is failing

to comply with a notice under subsection (4), Monitor may do one or more of the

things which it may require the trust to do under that subsection.”
103
Page 119, line 8, leave out from “exercising” to end of line 10 and insert “in relation

to a condition included in a licence under subsection (1) the powers conferred by

sections 103 and 104 (breach of licence condition etc: enforcement powers which

apply during and after period in which this section and sections 110 to 112 have

effect).”
Clause 110
104
Page 119, line 27, leave out subsections (1) to (6) and insert—

“(1)
Section 109 ceases to have effect in relation to an NHS foundation trust on

such day as the Secretary of State may by order specify.

(2)
Different days may be appointed in relation to different NHS foundation

trusts.

(3)
A day specified under subsection (1) must not—

(a)
in the case of an NHS foundation trust authorised on or before 1

April 2014, be before 1 April 2016;

15

(b)
in the case of an NHS foundation trust authorised after 1 April 2014,

be before the end of the period of two years beginning with the day

on which the trust was authorised.”
105
Page 120, line 18, leave out paragraph (a)
Clause 111
106
Page 120, line 29, leave out from “110” to “, the” in line 30
107
Page 121, line 3, leave out subsections (6) to (11) and insert—

“(6)
The Secretary of State, having received a notification under subsection

(4)(c), must review Monitor’s determination under subsection (4)(b).”
Clause 112
108
Page 121, line 38, leave out paragraph (e)
Clause 115
109
Page 124, line 14, leave out subsection (4)
Clause 116
110
Page 124, line 38, leave out “licence holder” and insert “relevant provider”
111
Page 125, line 26, leave out “guidance” and insert “such guidance as Monitor

proposes to provide for in the national tariff”
112
Page 126, line 29, at end insert—

“(13A)
In this section, a “relevant provider” is—

(a)
a licence holder, or

(b)
such other person, of such description as may be prescribed, as

provides health care services for the purposes of the NHS.”
113
Page 126, line 30, leave out subsection (14)
Clause 118
114
Page 127, line 11, leave out “licence holders” and insert “relevant providers”
115
Page 127, line 19, leave out “licence holders” and insert “relevant providers”
116
Page 127, line 25, leave out “licence holders” and insert “relevant providers”
117
Page 127, line 28, leave out “licence holders” and insert “relevant providers”
118
Page 127, line 39, leave out “licence holder’s” and insert “relevant provider’s”
119
Page 127, line 40, at end insert—

“( )
In this section and section 119 and Schedule 12, “relevant provider” has the

meaning given in section 116(13A).”
120
Page 127, line 41, leave out subsection (7)

16

Clause 119
121
Page 128, line 4, after “by” insert “clinical commissioning groups or”
122
Page 128, line 4, leave out “licence holders” and insert “relevant providers”
123
Page 128, line 38, after “such” insert “clinical commissioning groups or”
124
Page 128, line 38, leave out “licence holders” and insert “relevant providers”
Clause 121
125
Page 129, line 28, after “are” insert “not”
After Clause 123
126
Insert the following new Clause—

“Applications under section 123: notification of commissioners

(1)
This section applies where Monitor—

(a)
receives an application under section 123, and

(b)
is satisfied that the continued provision for the purposes of the NHS

of health care services to which a condition in the applicant’s

licence under section 96(1)(i), (j) or (k) applies is being put at

significant risk by the configuration of certain health care services

provided for those purposes.

(2)
In subsection (1), a reference to the provision of services is a reference to

their provision by the applicant or any other provider.

(3)
Monitor must as soon as reasonably practicable notify the National Health

Service Commissioning Board and such clinical commissioning groups as

Monitor considers appropriate—

(a)
of its receipt of the application, and

(b)
of its reasons for being satisfied as mentioned in subsection (1)(b).

(4)
Monitor must publish for each financial year a list of the notifications under

this section that it has given during that year; and the list must include for

each notification a summary of Monitor’s reasons for being satisfied as

mentioned in subsection (1)(b).

(5)
The Board and clinical commissioning groups, having received a

notification under this section, must have regard to it in arranging for the

provision of health care services for the purposes of the NHS.”
Clause 124
127
Page 131, line 29, leave out “licence holder” and insert “relevant provider”
128
Page 131, line 38, at end insert—

“( )
In this section, “relevant provider” has the meaning given in section

116(13A).”
Clause 127
129
Page 134, line 46, at end insert “or (b)”

17

Clause 131
130
Page 136, line 40, after “provider” insert “of health care services for the purposes of

the NHS (referred to in this Chapter as “a provider”)”
Clause 135
131
Page 139, line 44, at end insert “(but for this not to affect any other method of

recovery)”
Clause 138
132
Page 141, line 6, leave out second “that” and insert “the current financial year”
133
Page 141, line 19, after “each” insert “potentially liable”
134
Page 141, line 25, leave out “the rate of levy” and insert “those factors”
135
Page 141, line 34, at end insert—

“( )
In this section and section 139 a “potentially liable provider” means a

provider on whom Monitor is proposing to impose the levy for the coming

financial year (regardless of the amount (if any) that the provider would be

liable to pay as a result of the proposal).”
Clause 139
136
Page 141, line 36, after “more” insert “potentially liable”
137
Page 141, line 42, after “more” insert “potentially liable”
138
Page 142, line 5, after first “the” insert “potentially liable”
139
Page 142, line 7, after first “the” insert “potentially liable”
140
Page 142, line 35, after first “the” insert “potentially liable”
141
Page 142, line 38, after first “the” insert “potentially liable”
Clause 140
142
Page 143, line 38, at end insert “(but this does not affect any other method of

recovery)”
Clause 147
143
Page 147, line 38, at end insert—

“( )
Until section 6 comes into force, the references in this Part to the National

Health Service Commissioning Board (other than the reference in section

93(11)(b)) are to be read as references to the NHS Commissioning Board

Authority.

( )
Until the day specified by Secretary of State for the purposes of section 14A

of the National Health Service Act 2006, the references in this Part to a

clinical commissioning group (other than the reference in section 93(11)(a))

are to be read as references to a Primary Care Trust.

18

( )
Until section 178 comes into force, the following provisions in this Part are

to be read as if the words “and its Healthwatch England committee” were

omitted—

(a)
section 82(4)(c);

(b)
section 83(5)(a)(iii);

(c)
section 94(2)(e);

(d)
section 98(2)(e).”
Clause 151
144
Page 151, line 6, at end insert—

“( )
In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records”

substitute “the records”.”
Clause 153
145
Page 152, line 38, at end insert—

“( )
In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward

plan available to the public).”
Clause 161
146
Page 159, line 12, at end insert—

“(2A)
An NHS foundation trust does not fulfil its principal purpose

unless, in each financial year, its total income from the provision of

goods and services for the purposes of the health service in England

is greater than its total income from the provision of goods and

services for any other purposes.”
147
Page 159, line 14, at end insert—

“( )
for “The” substitute “An”,”
148
Page 159, line 16, at end insert—

“( )
After subsection (3) of that section insert—

“(3A)
Each annual report prepared by the NHS foundation trust must

give information on the impact that income received by the trust

otherwise than from the provision of goods and services for the

purposes of the health service in England has had on the provision

by the trust of goods and services for those purposes.

(3B)
Each document prepared by an NHS foundation trust under

paragraph 27 of Schedule 7 (forward plan) must include

information about—

(a)
the activities other than the provision of goods and services

for the purposes of the health service in England that the

trust proposes to carry on, and

(b)
the income it expects to receive from doing so.

(3C)
Where a document which is being prepared under paragraph 27 of

Schedule 7 contains a proposal that an NHS foundation trust carry

on an activity of a kind mentioned in subsection (3B)(a), the council

of governors of the trust must—

19

(a)
determine whether it is satisfied that the carrying on of the

activity will not to any significant extent interfere with the

fulfilment by the trust of its principal purpose or the

performance of its other functions, and

(b)
notify the directors of the trust of its determination.

(3D)
An NHS foundation trust which proposes to increase by 5% or

more the proportion of its total income in any financial year

attributable to activities other than the provision of goods and

services for the purposes of the health service in England may

implement the proposal only if more than half of the members of

the council of governors of the trust voting approve its

implementation.””
Clause 170
149
Page 163, line 34, leave out “(but not the following “or”)”
Clause 172
150
Page 166, line 35, at end insert—

“( )
If, at any time before section 6 comes into force, Monitor obtains the

approval of the NHS Commissioning Board Authority to publish guidance

under section 65DA(4)(c) or (5) of the National Health Service Act 2006,

that approval is to be treated for the purposes of subsection (6)(b) of that

section as approval obtained from the National Health Service

Commissioning Board.”
Clause 173
151
Page 168, line 8, leave out “(7)(d)” and insert “(7)(c) and (d)”
Clause 175
152
Page 173, line 5, leave out “65K” and insert “65KC”
153
Page 173, line 7, at end insert—

“( )
a copy of any information published under section 65D,”
154
Page 173, line 8, at end insert—

“( )
a copy of any statement provided under section 65F,”
155
Page 173, line 9, after “65F,” insert “65G,”
156
Page 173, line 10, after “65KB” insert “, 65KC”
157
Page 173, line 11, after “statement” insert “published or provided”
158
Page 173, line 13, at end insert “or 65KC”
159
Page 173, line 18, leave out “65K(4)” and insert “65KC(3)”
160
Page 173 , line 19, leave out paragraph (d) and insert—

“(d)
for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.”
161
Page 173, line 34, leave out “65K” and insert “65KC”
162
Page 173, line 36, at end insert—