Session 2010 - 12
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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.”


 
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Revised 20 March 2012