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Session 2010 - 12
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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—


 
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