12321.5-8

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

5

Clause 22
27
Page 28, line 40, leave out “in writing by” and insert “by order of”
28
Page 33, line 44, at end insert “or (b)”
29
Page 34, line 2, at end insert “or (b)”
30
Page 34, line 16, leave out “function under section 14L(3)(a)” and insert “functions

under section 14L(3)(a) and (b)”
31
Page 35, line 29, at end insert—

“14NA
Registers of interests and management of conflicts of interest

(1)
Each clinical commissioning group must maintain one or more

registers of the interests of—

(a)
the members of the group,

(b)
the members of its governing body,

(c)
the members of its committees or sub-committees or of

committees or sub-committees of its governing body, and

(d)
its employees.

(2)
Each clinical commissioning group must publish the registers

maintained under subsection (1) or make arrangements to ensure

that members of the public have access to the registers on request.

(3)
Each clinical commissioning group must make arrangements to

ensure—

(a)
that a person mentioned in subsection (1) declares any

conflict or potential conflict of interest that the person has in

relation to a decision to be made in the exercise of the

commissioning functions of the group,

(b)
that any such declaration is made as soon as practicable

after the person becomes aware of the conflict or potential

conflict and, in any event, within 28 days, and

(c)
that any such declaration is included in the registers

maintained under subsection (1).

(4)
Each clinical commissioning group must make arrangements for

managing conflicts and potential conflicts of interest in such a way

as to ensure that they do not, and do not appear to, affect the

integrity of the group’s decision-making processes.

(5)
The Board must publish guidance for clinical commissioning

groups on the discharge of their functions under this section.

(6)
Each clinical commissioning group must have regard to guidance

published under subsection (5).

(7)
For the purposes of this section, the commissioning functions of a

clinical commissioning group are the functions of the group in

arranging for the provision of services as part of the health

service.””
Clause 23
32
Page 36, line 34, leave out from “decisions” to end of line 35 and insert “which

relate to—

6

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

(b)
their care or treatment.”
33
Page 36, line 36, leave out “may” and insert “must”
34
Page 37, line 17, leave out “have regard to the need to”
35
Page 37, line 19, at end insert—

“14XA
Duty as to promoting education and training

Each clinical commissioning group 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 assist the Secretary of State in the

discharge of the duty under that section.”
36
Page 41, line 41, after “14Q” insert “, 14S”
37
Page 43, line 47, after “14Q” insert “, 14S”
38
Page 44, line 24, after “14Q,” insert “14S,”
39
Page 45, leave out lines 9 and 10 and insert—

“( )
For the purposes of this section—

(a)
a failure to discharge a function includes a failure to

discharge it properly, and

(b)
a failure to discharge a function properly includes a failure

to discharge it consistently with what the Board considers to

be the interests of the health service.”
40
Page 47, leave out lines 21 and 22 and insert—

“( )
For the purposes of this section—

(a)
a failure to discharge a function includes a failure to

discharge it properly, and

(b)
a failure to discharge a function properly includes a failure

to discharge it consistently with what the Board considers to

be the interests of the health service.”
41
Page 48, line 28, leave out “This section has” and insert “Paragraphs (a) to (c) and

(h) of subsection (1) have”
42
Page 49, line 10, at end insert—

“section 14XA,”
Clause 27
43
Page 55, line 38, after “6C” insert “(1) or (3)”
44
Page 56, line 27, at end insert—

“( )
A local authority must have regard to any guidance given by the

Secretary of State in relation to its director of public health,

including guidance as to appointment and termination of

appointment, terms and conditions and management.”

7

Clause 28
45
Page 56, line 40, after “6C” insert “(1) or (3)”
46
Page 57, line 4, at end insert—

“( )
A document published under subsection (1), and guidance given under

subsection (3), may include guidance as to the appointment of officers of

the local authority to discharge any functions mentioned in subsection (2),

and as to their terms and conditions, management and dismissal.”
Clause 29
47
Page 57, line 20, after “6C” insert “(1) or (3)”
Clause 33
48
Page 65, line 43, at end insert—

“( )
The duty in subsection (3) does not apply in relation to the proposal

if the Secretary of State so directs by an instrument in writing.”
49
Page 66, leave out lines 1 to 4
50
Page 66, line 26, at end insert—

“( )
The duty in subsection (2) does not apply in relation to the proposal

if the Secretary of State so directs by an instrument in writing.”
51
Page 66, leave out lines 29 to 32
52
Page 67, line 19, at end insert—

“( )
The duty in subsection (2) does not apply in relation to the proposal

if the Secretary of State so directs by an instrument in writing.”
53
Page 67, leave out lines 22 to 25
Clause 37
54
Leave out Clause 37 and insert the following new Clause—

“
After-care

(1)
Section 117 of the Mental Health Act 1983 (after-care) is amended as

follows.

(2)
In subsection (2)—

(a)
after “duty of the” insert “clinical commissioning group or”,

(b)
omit “Primary Care Trust or” in each place it appears, and

(c)
after “such time as the” insert “clinical commissioning group or”.

(3)
After subsection (2C) insert—

“(2D)
Subsection (2), in its application to the clinical commissioning

group, has effect as if for “to provide” there were substituted “to

arrange for the provision of”.

(2E)
The Secretary of State may by regulations provide that the duty

imposed on the clinical commissioning group by subsection (2) is,

8

in the circumstances or to the extent prescribed by the regulations,

to be imposed instead on another clinical commissioning group or

the National Health Service Commissioning Board.

(2F)
Where regulations under subsection (2E) provide that the duty

imposed by subsection (2) is to be imposed on the National Health

Service Commissioning Board, subsection (2D) has effect as if the

reference to the clinical commissioning group were a reference to

the National Health Service Commissioning Board.

(2G)
Section 272(7) and (8) of the National Health Service Act 2006

applies to the power to make regulations under subsection (2E) as

it applies to a power to make regulations under that Act.”

(4)
In subsection (3)—

(a)
after “section “the” insert “clinical commissioning group or”,

(b)
omit “Primary Care trust or” in each place it appears, and

(c)
after “means the”, in the first place it appears, insert “clinical

commissioning group or”.

(5)
In section 275 of the National Health Service Act 2006 (interpretation) after

subsection (4) insert—

“(5)
In each of the following, the reference to section 3 includes a

reference to section 117 of the Mental Health Act 1983 (after-care)—

(a)
in section 223K(8), paragraph (a) of the definition of

“relevant services”,

(b)
in section 244(3), paragraph (a)(i) of the definition of

“relevant health service provider”,

(c)
in section 252A(10), the definition of “service

arrangements”,

(d)
section 253(1A)(d)(ii).”

(6)
In section 48 of the Health and Social Care Act 2008 (special reviews and

investigations), in subsection (2)(ba), after “the National Health Service Act

2006” insert “or section 117 of the Mental Health Act 1983 (after-care)”.

(7)
In section 97 of that Act (general interpretation of Part 1), in subsection

(2A), after “section 7A of that Act)” insert “or section 117 of the Mental

Health Act 1983 (after-care)”.

(8)
In consequence of the repeals made by subsections (2)(b) and (4)(b), omit

paragraph 47 of Schedule 2 to the National Health Service Reform and

Health Care Professions Act 2002.”
Clause 46
55
Page 79, line 39, at end insert—

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

State of making an order or regulations.”
56
Page 80, line 30, at end insert—

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

State of making an order or regulations.”
57
Page 80, line 40, at end insert—