12321.38-41

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

38

Clause 294
293
Page 265, line 28, after “means” insert “—

(a)
”
294
Page 265, line 30, at end insert “, or

(b)
a subsidiary of a company which is formed under that section and

wholly owned by the Secretary of State.”
Clause 298
295
Page 268, line 13, at end insert—

“( )
the first regulations under section 82 (licensing requirement:

exemption regulations);”
296
Page 268, line 13, at end insert—

“( )
the first order under section 85 (approval by Secretary of State of

licensing criteria);”
297
Page 268, line 21, leave out paragraph (e)
298
Page 269, line 32, leave out subsection (11)
Clause 300
299
Page 271, line 5, at end insert—

“( )
An order under subsection (4) which brings paragraph 16 of Schedule 1A

to the National Health Service Act 2006 (inserted by Schedule 2) into force

may make provision—

(a)
for the duty of a clinical commissioning group under sub-

paragraph (1) or (2) of that paragraph not to apply in relation to the

whole or any part of the initial period (within the meaning of

Schedule 6), and

(b)
for the duty of the Board under paragraph 16 of Schedule A1 to that

Act (inserted by Schedule 1) to have effect subject to such

modifications specified in the order as the Secretary of State

considers appropriate in consequence of the provision made under

paragraph (a).”
Schedule 2
300
Page 280, leave out lines 32 to 34
301
Page 280, line 38, at end insert—

“
The constitution must specify the arrangements made by the clinical

commissioning group for discharging its duties under section 14NA(1)

to (4).”
302
Page 281, leave out lines 33 and 34
303
Page 287, line 12, at end insert—

39

“Seal and evidence

    (1)
The application of a clinical commissioning group’s seal must be

authenticated by the signature of any person who has been authorised

(generally or specially) for that purpose.

      (2)
Any instrument which, if executed by an individual, would not need to

be under seal may be executed on behalf of a clinical commissioning

group by any person who has been authorised (generally or specially)

for that purpose.

      (3)
A document purporting to be duly executed under a clinical

commissioning group’s seal or to be signed on its behalf must be

received in evidence and, unless the contrary is proven, taken to be so

executed or signed.”
Schedule 4
304
Page 293, line 10, leave out sub-paragraph (4) and insert—

    “(4)
In subsection (4)—

(a)
for “a Primary Care Trust” substitute “a clinical commissioning

group”,

(b)
for “the trust” substitute “the group”, and

(c)
at the end insert “; and the references in this subsection to a

clinical commissioning group are, so far as necessary for the

purposes of regulations under subsection (2E) of that section, to

be read as references to the Board.”.”
305
Page 293, line 34, leave out paragraph 12
306
Page 294, line 33, after “Board,” insert—

“(hb)
a subsidiary of a company which is formed under that section

and wholly owned by the Secretary of State,”
307
Page 294, line 37, leave out “(ha)” and insert “(hb)”
308
Page 294, line 42, after “(ha)” insert “or (hb)”
309
Page 311, line 30, leave out “57 to 61” and insert “69 to 76”
310
Page 312, line 8, at end insert “, and

( )
in sub-paragraph (5), omit “in its area””
311
Page 312, line 25, leave out “62” and insert “77”
312
Page 316, line 3, at end insert—

“
In section 216 (application of trust property: further provisions), in

subsection (3), after “or 214” insert “of this Act or section 294 or 296 of the

Health and Social Care Act 2012”.”
313
Page 316, line 4, at end insert—

“( )
after paragraph (e) insert—

“(ea)
paragraph 11 of Schedule A1,

(eb)
paragraph 14 of Schedule 1A,”,”
314
Page 316, line 21, at end insert—

40

“
In section 220 (trust property previously held for general hospital

purposes), in subsection (2), after “or 214” insert “of this Act or section

294 or 296 of the Health and Social Care Act 2012”.”
315
Page 316, line 29, at end insert—

    “( )
In subsection (9), for “section 224 or 226” substitute “section 225”.”
316
Page 317, line 18, at end insert—

    “( )
In the heading to the section, omit “Strategic Health Authorities and”.”
317
Page 317, line 24, at end insert—

    “( )
In the heading to the section, omit “Strategic Health Authorities and”.”
318
Page 318, line 23, leave out paragraph 127
319
Page 318, line 26, at end insert—

“
After section 254 insert—

“Support functions of the Secretary of State

254A
Support functions of the Secretary of State

(1)
The Secretary of State may, for the purpose of assisting any

person exercising functions in relation to the health service or

providing services for its purposes—

(a)
provide (or otherwise make available) to the person

goods, materials or other facilities;

(b)
facilitate the recruitment and management of the

person’s staff;

(c)
develop or operate information or communication

systems;

(d)
do such other things to facilitate or support the carrying

out of the person’s functions or other activities as the

Secretary of State considers appropriate;

(e)
arrange for any other person to do anything mentioned in

paragraphs (a) to (d) or to assist the Secretary of State in

doing any such thing.

(2)
The power conferred by subsection (1)(a) includes power to

purchase goods and materials for the purpose of providing them

or making them available.

(3)
The Secretary of State may, in connection with anything done

under subsection (1), make available the services of any person

employed by the Secretary of State.

(4)
The powers conferred by this section may be exercised on such

terms, including terms as to the making of payments to or by the

Secretary of State, as may be agreed.

(5)
In this section, “the health service” does not include that part of

the health service that is provided in pursuance of the public

health functions of the Secretary of State or local authorities.””
320
Page 318, line 35, at end insert—

    “( )
After subsection (5) insert—

41

“(5A)
The Secretary of State may by directions to the Board specify the

minimum amount which the Board must spend in a financial

year in making payments under—

(a)
this section;

(b)
subsection (1) of this section;

(c)
subsection (3) of this section.

(5B)
The Secretary of State may by directions to the Board specify—

(a)
a body or description of bodies to whom payments under

subsection (1) or (3), or under either or both of those

subsections, must be made by the Board in a financial

year;

(b)
functions or activities, or descriptions of functions or

activities, in respect of which such payments must be

made by the Board in a financial year;

(c)
the minimum amount that the Board must spend in a

financial year in making such payments—

(i)
to a body or description of bodies specified in

relation to the year under paragraph (a);

(ii)
in respect of functions or activities, or descriptions

of functions or activities, specified in relation to

the year under paragraph (b);

(iii)
to a body or description of bodies specified in

relation to the year under paragraph (a) in respect

of functions or activities or descriptions of

functions or activities so specified under

paragraph (b).”
321
Page 320, line 9, at end insert “, and

(b)
before paragraph (a) insert—

“(za)
section 14A(1),”.”
322
Page 321, line 2, at end insert—

    “( )
After the entry for “LPS scheme” insert—

“NHS
section

constitution
1AA(2)”.”

Schedule 5
323
Page 321, line 22, leave out sub-paragraphs (2) to (4) and insert—

    “(2)
In subsections (6A) and (6B)—

(a)
after “by a” insert “clinical commissioning group or”, and

(b)
omit “Primary Care Trust or”.

      (3)
After subsection (6B), insert—

“(6C)
The references in subsections (6A) and (6B) to a clinical

commissioning group are, so far as necessary for the purposes of

regulations under section 117(2E) of the Mental Health Act 1983,

to be read as references to the National Health Service

Commissioning Board.””