12321.9-13

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Health and Social Care Bill

9

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

State of making an order or regulations.”
58
Page 81, line 33, at end insert—

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

State of making an order or regulations.”
Clause 49
59
Page 83, line 9, at end insert “and its Healthwatch England committee”
Clause 50
60
Page 83, line 23, at end insert—

“( )
The report must include the Secretary of State’s assessment of the

effectiveness of the discharge of the duties under sections 1A and 1B.”
Clause 54
61
Page 85, line 2, at end insert—

“( )
Any function conferred on the appropriate authority by this section may be

performed by either the Secretary of State or the Department of Health,

Social Services and Public Safety in Northern Ireland acting alone or both

of them acting jointly (and references in this section to the appropriate

authority are to be construed accordingly).”
62
Page 85, leave out lines 4 to 6
After Clause 59
63
Insert the following new Clause—

“Secretary of State’s guidance on duty under section 59(9)

(1)
The Secretary of State may, for the purpose of assisting Monitor to comply

with its duty under section 59(9), publish guidance on—

(a)
the objectives specified in the mandate published under section 13A

of the National Health Service Act 2006 which the Secretary of State

considers to be relevant to Monitor’s exercise of its functions, and

(b)
the Secretary of State’s reasons for considering those objectives to

be relevant to Monitor’s exercise of its functions.

(2)
In exercising its functions, Monitor must have regard to guidance under

subsection (1).

(3)
Where the Secretary of State publishes guidance under subsection (1), the

Secretary of State must lay a copy of the published guidance before

Parliament.

(4)
The Secretary of State—

(a)
may revise guidance under subsection (1), and

(b)
if the Secretary of State does so, must publish the guidance as

revised and lay it before Parliament.”

10

Clause 62
64
Page 89, leave out line 23 and insert—

“(1)
In exercising its functions, Monitor must have regard, in particular, to”
65
Page 89, line 24, at end insert—

“(2)
Monitor must, in exercising its functions, also have regard to the following

matters in so far as they are consistent with the matter referred to in

subsection (1)—
66
Page 89, line 26, after “services” insert “provided”
67
Page 89, line 26, after “NHS” insert “and in the efficiency of their provision”
68
Page 89, line 27, leave out paragraph (c)
69
Page 89, line 41, leave out paragraph (h)
70
Page 90, line 3, at end insert—

“(ja)
where the Secretary of State publishes a document for the purposes

of section 13E of the National Health Service Act 2006

(improvement of quality of services), any guidance published by

the Secretary of State on the parts of that document which the

Secretary of State considers to be particularly relevant to Monitor’s

exercise of its functions,”
71
Page 90, line 4, leave out paragraphs (k) to (m)
72
Page 90, line 12, at end insert—

“( )
Where the Secretary of State publishes guidance referred to in subsection

(2)(ja), the Secretary of State must lay a copy of the published guidance

before Parliament.

( )
The Secretary of State—

(a)
may revise the guidance, and

(b)
if the Secretary of State does so, must publish the guidance as

revised and lay it before Parliament.”
Clause 67
73
Page 93, line 16, after “Monitor’s” insert “, other than a function it has by virtue of

section 68 or 69,”
74
Page 93, line 29, leave out subsection (6) and insert—

“( )
For the purposes of this section—

(a)
a failure to perform a function includes a failure to perform it

properly, and

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

perform it consistently with what the Secretary of State considers to

be the interests of the health service in England or (as the case may

be) with what otherwise appears to the Secretary of State to be the

purpose for which it is conferred; and “the health service” has the

same meaning as in the National Health Service Act 2006.”

11

Clause 74
75
Page 98, line 7, after “(1)(a)” insert “or (b)”
76
Page 98, line 13, at end insert—

“( )
Before publishing guidance revised under subsection (4), Monitor must

consult the persons mentioned in subsection (2).”
Clause 75
77
Page 98, line 15, leave out subsection (1) and insert—

“( )
For the purposes of Part 3 of the Enterprise Act 2002 (completed and

anticipated mergers), each of the following cases is to be treated as being

(in so far as it would not otherwise be) a case in which two or more

enterprises cease to be distinct enterprises.”
78
Page 98, line 18, leave out “have ceased” and insert “cease”
79
Page 98, line 21, leave out “have ceased” and insert “cease”
80
Page 98, line 21, at end insert—

“(3A)
Where the Office of Fair Trading decides to carry out an investigation

under Part 3 of the Enterprise Act 2002 of a matter involving an NHS

foundation trust, it must as soon as reasonably practicable notify Monitor.

(3B)
As soon as reasonably practicable after receiving a notification under

subsection (3A), Monitor must provide the Office of Fair Trading with

advice on—

(a)
the effect of the matter under investigation on benefits (in the form

of those within section 30(1)(a) of the Enterprise Act 2002 (relevant

customer benefits)) for people who use health care services

provided for the purposes of the NHS, and

(b)
such other matters relating to the matter under investigation as

Monitor considers appropriate.”
Clause 76
81
Leave out Clause 76
Clause 77
82
Leave out Clause 77
Clause 78
83
Leave out Clause 78
Clause 82
84
Page 102  , line 16, leave out first “a” and insert “any”
85
Page 102, line 41, leave out subsection (8) and insert—

“( )
Where an exemption is granted the Secretary of State—

(a)
if the exemption is granted to a prescribed person, must give notice

of it to that person, and

12

(b)
must publish the exemption.”
Clause 85
86
Page 104, line 13, leave out subsection (3) and insert—

“(3)
Monitor may not set or revise the criteria unless the Secretary of State has

by order approved the criteria or (as the case may be) revised criteria.”
Clause 93
87
Page 107, line 13, leave out “National Health Service Commissioning Board” and

insert “NHS Commissioning Board Authority”
88
Page 107, line 14, leave out “clinical commissioning group” and insert “Primary

Care Trust”
89
Page 107, line 15, leave out “and its Healthwatch England committee”
90
Page 107, line 22, at end insert—

“( )
If, at the time Monitor discharges the function under subsection (7), the day

specified by the Secretary of State for the purposes of section 14A of the

National Health Service Act 2006 has passed or section 6 or 178 has come

into force—

(a)
in the case of section 14A of the National Health Service Act 2006,

the reference in subsection (8)(c) to every Primary Care Trust is to

be read as a reference to every clinical commissioning group;

(b)
in the case of section 6, the reference in subsection (8)(b) to the NHS

Commissioning Board Authority is to be read as a reference to the

National Health Service Commissioning Board;

(c)
in the case of section 178, the reference in subsection (8)(d) to the

Care Quality Commission is to be read as including a reference to

its Healthwatch England committee.”
Clause 95
91
Page 108, line 21, at end insert “provided for the purposes of the NHS”
92
Page 108, line 23, at end insert—

“(da)
for the purpose of enabling health care services provided for the

purposes of the NHS to be provided in an integrated way where

Monitor considers that this would achieve one or more of the

objectives referred to in subsection (2A);

(db)
for the purpose of enabling the provision of health care services

provided for the purposes of the NHS to be integrated with the

provision of health-related services or social care services where

Monitor considers that this would achieve one or more of the

objectives referred to in subsection (2A);

(dc)
for the purpose of enabling co-operation between providers of

health care services for the purposes of the NHS where Monitor

considers that this would achieve one or more of the objectives

referred to in subsection (2A);”
93
Page 108, line 32, at end insert—

“(2A)
The objectives referred to in subsection (2)(da), (db) and (dc) are—

13

(a)
improving the quality of health care services provided for the

purposes of the NHS (including the outcomes that are achieved

from their provision) or the efficiency of their provision,

(b)
reducing inequalities between persons with respect to their ability

to access those services, and

(c)
reducing inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.”
94
Page 108, line 39, at end insert—

“( )
In subsection (2)(db), “health-related services” and “social care services”

each have the meaning given in section 59(11).”
Clause 96
95
Page 109, line 38, after “NHS” insert “in order to ensure the continued provision of

one or more of the health care services that the licence holder provides for those

purposes”
96
Page 109, line 40, at end insert “in order to ensure the continued provision of one

or more of the health care services that the licence holder provides for those

purposes”
After Clause 97
97
Insert the following new Clause—

“Notification of commissioners where continuation of services at risk

(1)
This section applies where Monitor—

(a)
takes action in the case of a licence holder in reliance on a condition

in the licence under section 96(1)(i), (j) or (k), and

(b)
does so because it is satisfied that the continued provision for the

purposes of the NHS of health care services to which that condition

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 licence holder 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 the action it has taken, 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.”