Care Bill (HC Bill 168)

(7) The reference in subsection (6) to the old Health Research Authority is a
reference to the Special Health Authority called the Health Research Authority
(and abolished by section 108).

114 Establishment by the HRA

(1) 5The HRA may establish research ethics committees which have the following
functions—

(a) approving research of the kind referred to in section 112(1);

(b) giving such other approvals as enactments require.

(2) The HRA must ensure that a research ethics committee established under this
10section complies with the requirements set out in the REC policy document.

(3) The HRA may abolish a research ethics committee established under this
section.

115 Membership of the United Kingdom Ethics Committee Authority

In regulation 5 of the Medicines for Human Use (Clinical Trials) Regulations
152004 (S.I. 2004/1031S.I. 2004/1031) (United Kingdom Ethics Committee Authority)—

(a) in paragraphs (1), (2) and (3), for “the Secretary of State for Health”, in
each place it appears, substitute “the Health Research Authority”, and

(b) in paragraph (2), for “the Secretary of State” substitute “the Health
Research Authority”.

20Patient information

116 Approval for processing confidential patient information

(1) The Health Service (Control of Patient Information) Regulations 2002 (S.I.
2002/1438) are amended as follows.

(2) In regulation 5 (the title to which becomes “Approval for processing
25information”)—

(a) the existing text becomes paragraph (1), and

(b) in sub-paragraph (a) of that paragraph, for “both the Secretary of State
and a research ethics committee” substitute “the Health Research
Authority”.

(3) 30After paragraph (1) of that regulation insert—

“(2) The Health Research Authority may not give an approval under
paragraph (1)(a) unless a research ethics committee has approved the
medical research concerned.”

(4) After paragraph (2) of that regulation insert—

“(3) 35The Health Research Authority shall put in place and operate a system
for reviewing decisions it makes under paragraph (1)(a).”

(5) In regulation 6 (registration requirements in relation to information), in
paragraph (1)—

(a) before “the Secretary of State” insert “the Health Research Authority
40or”, and

(b) before “he” insert “it or”.

(6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “the
Health Research Authority or (as the case may be)”.

(7) In paragraph (3) of that regulation, for the words from the beginning to “in the
5register” substitute “The Health Research Authority shall retain the particulars
of each entry it records in the register, and the Secretary of State shall retain the
particulars of each entry he records in the register,”.

(8) For paragraph (4) of that regulation substitute—

“(4) The Health Research Authority shall, in such manner and to such
10extent as it considers appropriate, publish entries it records in the
register; and the Secretary of State shall, in such manner and to such
extent as he considers appropriate, publish entries he records in the
register.”

CHAPTER 3 Chapters 1 and 2: supplementary

15Miscellaneous

117 Transfer orders

(1) An order under section 95 (establishment of Health Education England) or
section 108 (establishment of the Health Research Authority) (a “transfer
order”) may make provision for rights and liabilities relating to an individual’s
20contract of employment.

(2) A transfer order may, in particular, make provision the same as or similar to
provision in the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (S.I. 2006/246S.I. 2006/246).

(3) A transfer order may provide for the transfer of property, rights or liabilities—

(a) 25whether or not they would otherwise be capable of being transferred;

(b) irrespective of any requirement for consent that would otherwise
apply.

(4) A transfer order may create rights, or impose liabilities, in relation to property,
rights or liabilities transferred.

(5) 30A transfer order may provide for things done by or in relation to the transferor
for the purposes of or in connection with anything transferred to be—

(a) treated as done by or in relation to the transferee or its employees;

(b) continued by or in relation to the transferee or its employees.

(6) A transfer order may in particular make provision about continuation of legal
35proceedings.

General

118 Chapters

1

and

2

: interpretation and supplementary provision

(1) 5For the purposes of Chapters

1

and

2

, an expression in the first column of the
10following table is defined or otherwise explained by the provision of this Act
specified in the second column.

(2) A power under Chapter

1

30 or

2

to give a direction—

(a) includes a power to vary or revoke the direction by a subsequent
direction, and

(b) 35must be exercised by giving the direction in question in writing.

(3) The amendments made by sections 115 and 116 and Schedule 8 to provisions
of subordinate legislation do not affect the power to make further subordinate
legislation amending or revoking the amended provisions.

CHAPTER 4 Trust special administration

119 40Powers of administrator etc.

(1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2:

interpretation) (the existing text of which becomes subsection (1)) at the end
insert—

“(2) The references in this Chapter to taking action in relation to an NHS
trust include a reference to taking action, including in relation to
5another NHS trust or an NHS foundation trust, which is necessary for
and consequential on action taken in relation to that NHS trust.

(3) The references in this Chapter to taking action in relation to an NHS
foundation trust include a reference to taking action, including in
relation to another NHS foundation trust or an NHS trust, which is
10necessary for and consequential on action taken in relation to that NHS
foundation trust.”

(2) In section 65F of that Act (administrator’s draft report), in subsection (1), for
“45 working days” substitute “65 working days”.

(3) After subsection (2C) of that section insert—

“(2D) 15Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (2A) to a commissioner also include a reference to a person
to which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.”

(4) 20After subsection (7) of that section insert—

“(8) Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (5) to a commissioner also include a reference to a person to
which the other NHS foundation trust or the NHS trust provides
25services under this Act that would be affected by the action.”

(5) In section 65G of that Act (consultation plan), in subsection (2), for “30 working
days” substitute “40 working days”.

(6) After subsection (6) of that section insert—

“(7) Where the administrator recommends taking action in relation to
30another NHS foundation trust or an NHS trust, the references in
subsection (4) to a commissioner also include a reference to a person to
which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.”

(7) In section 65H of that Act (consultation requirements), in subsection (4)—

(a) 35after “trust special administrator must” insert “—

(a)”, and

(b) at the end insert “, and

(b) in the case of each affected trust, hold at least one
meeting to seek responses from staff of the trust and
40from such persons as the trust special administrator
may recognise as representing staff of the trust.”

(8) In subsection (7) of that section, after paragraph (b) (but before paragraph (ba)
inserted by section 84(10)(a) of this Act) insert—

“(bza) any affected trust;

(bzb) any person to which an affected trust provides goods or services
under this Act that would be affected by the action
recommended in the draft report;”.

(9) In subsection (9) of that section—

(a) 5after “trust special administrator must” insert “—

(a)”,

(b) after “subsection (7)(b),” (but before the insertion made by section
84(10)(b) of this Act) insert “(bzb),”, and

(c) at the end insert “, and

(b) 10hold at least one meeting to seek responses from
representatives of each of the trusts from which the
administrator must request a written response under
subsection (7)(bza).”

(10) After subsection (11) of that section, insert—

“(11A) 15In this section, “affected trust” means—

(a) where the trust in question is an NHS trust, another NHS trust,
or an NHS foundation trust, which provides goods or services
under this Act that would be affected by the action
recommended in the draft report;

(b) 20where the trust in question is an NHS foundation trust, another
NHS foundation trust, or an NHS trust, which provides services
under this Act that would be affected by the action
recommended in the draft report.”.

(11) In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “and (bzb)”.

(12) 25In section 65N of that Act (guidance), after subsection (1) insert—

“(1A) It must, in so far as it applies to NHS trusts, include guidance about—

(a) seeking the support of commissioners for an administrator’s
recommendation;

(b) involving the Board in relation to finalising an administrator’s
30report or draft report.”

(13) In section 13Q of that Act (public involvement and consultation by NHS
Commissioning Board), at the end insert—

“(4) This section does not require the Board to make arrangements in
relation to matters to which a trust special administrator’s report or
35draft report under section 65F or 65I relates before the Secretary of State
makes a decision under section 65K(1), is satisfied as mentioned in
section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9)
(as the case may be).”

(14) In section 14Z2 of that Act (public involvement and consultation by clinical
40commissioning groups), at the end insert—

“(7) This section does not require a clinical commissioning group to make
arrangements in relation to matters to which a trust special
administrator’s report or draft report under section 65F or 65I relates
before the Secretary of State makes a decision under section 65K(1), is
45satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a
decision under section 65KD(9) (as the case may be).”

(15) In section 242 of that Act (public involvement and consultation by NHS trusts
and foundation trusts), in subsection (6)—

(a) for “65I, 65R or 65U” substitute “or 65I”, and

(b) for the words from “the decision” to the end substitute “the Secretary of
5State makes a decision under section 65K(1), is satisfied as mentioned
in section 65KB(1) or 65KD(1) or makes a decision under section
65KD(9) (as the case may be).”

(16) In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts
in England: consequential amendments)—

(a) 10after paragraph 4 insert—

“4A In section 13Q(4) (public involvement and consultation by
Board), omit “makes a decision under section 65K(1),”.

4B In section 14Z2 (public involvement and consultation by
clinical commissioning groups), omit “makes a decision
15under section 65K(1),”.”,

(b) in paragraph 15, after sub-paragraph (3) insert—

“(3A) In subsection (2D), omit “or an NHS trust” and “or the NHS
trust.”,

(c) in that paragraph, after sub-paragraph (7) insert—

“(8) 20Omit subsection (8).”,

(d) in paragraph 16 (the text of which becomes sub-paragraph (1)) at the
end insert—

“(2) In subsection (7) of that section, omit “or an NHS trust” and
“or the NHS trust”.”,

(e) 25in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute
“paragraphs (b) and (bzb)”,

(f) in that paragraph, after sub-paragraph (4) insert—

“(4A) In subsection (11A)—

(a) omit paragraph (a), and

(b) 30in paragraph (b), omit “where the trust in question is
an NHS foundation trust,” and “, or an NHS trust,”.”,

(g) in paragraph 24, after sub-paragraph (2) insert—

“(2A) Omit subsection (1A).”,

(h) after that paragraph insert—

“24A 35In section 65O (interpretation)—

(a) omit subsection (2), and

(b) in subsection (3), omit “or an NHS trust”.”, and

(i) in paragraph 35, omit the “and” preceding paragraph (d) and after that
paragraph insert “, and

(e) 40in subsection (6), omit “makes a decision under
section 65K(1),”.”

Part 4 Integration Fund

120 Integration of care and support with health services etc: integration fund

(1) At the end of section 223B of the National Health Service Act 2006 (funding of
5the National Health Service Commissioning Board) insert—

“(6) Where the mandate specifies objectives relating to service integration,
the requirements that may be specified under section 13A(2)(b) include
such requirements relating to the use by the Board of an amount of the
sums paid to it under this section as the Secretary of State considers it
10necessary or expedient to impose.

(7) The amount referred to in subsection (6)—

(a) is to be determined in such manner as the Secretary of State
considers appropriate, and

(b) must be specified in the mandate.

(8) 15The reference in subsection (6) to service integration is a reference to the
integration of the provision of health services with the provision of
health-related services or social care services, as referred to in sections
13N and 14Z1.”

(2) After section 223G of that Act (meeting expenditure of clinical commissioning
20groups out of public funds) insert—

“223GA Expenditure on integration

(1) Where the mandate includes a requirement in reliance on section
223B(6) (requirements relating to use by the Board of an amount paid
to the Board where mandate specifies service integration objectives),
25the Board may direct a clinical commissioning group that an amount (a
“designated amount”) of the sums paid to the group under section
223G is to be used for purposes relating to service integration.

(2) The designated amount is to be determined—

(a) where the mandate includes a requirement (in reliance on
30section 223B(6)) that designated amounts are to be determined
by the Board in a manner specified in the mandate, in that
manner;

(b) in any other case, in such manner as the Board considers
appropriate.

(3) 35The conditions under section 223G(7) subject to which the payment of
a designated amount is made must include a condition that the group
transfers the amount into one or more funds (“pooled funds”)
established under arrangements under section 75(2)(a) (“pooling
arrangements”).

(4) 40The conditions may also include—

(a) conditions relating to the preparation and agreement by the
group and each local authority and other clinical
commissioning group that is party to the pooling arrangements
of a plan for how to use the designated amount (a “spending
45plan”);

(b) conditions relating to the approval of a spending plan by the
Board;

(c) conditions relating to the inclusion of performance objectives in
a spending plan;

(d) 5conditions relating to the meeting of any performance
objectives included in a spending plan or specified by the
Board.

(5) Where a condition subject to which the payment of a designated
amount is made is not met, the Board may—

(a) 10withhold the payment (in so far as it has not been made);

(b) recover the payment (in so far as it has been made);

(c) direct the clinical commissioning group as to the use of the
designated amount for purposes relating to service integration
or for making payments under section 256.

(6) 15Where the Board withholds or recovers a payment under subsection
(5)(a) or (b)—

(a) it may use the amount for purposes consistent with such
objectives and requirements relating to service integration as
are specified in the mandate, and

(b) 20in so far as the exercise of the power under paragraph (a)
involves making a payment to a different clinical
commissioning group or some other person, the making of the
payment is subject to such conditions as the Board may
determine.

(7) 25The requirements that may be specified in the mandate in reliance on
section 223B(6) include requirements to consult the Secretary of State or
other specified persons before exercising a power under subsection (5)
or (6).

(8) The power under subsection (5)(b) to recover a payment may be
30exercised in a financial year after the one in respect of which the
payment was made.

(9) The payments that may be made out of a pooled fund into which a
designated amount is transferred include payments to a local authority
which is not party to the pooling arrangements in question in
35connection with the exercise of its functions under Part 1 of the
Housing Grants, Construction and Regeneration Act 1996 (disabilities
facilities grants).

(10) In exercising a power under this section, the Board must have regard to
the extent to which there is a need for the provision of each of the
40following—

(a) health services (see subsection (12)),

(b) health-related services (within the meaning given in section
14Z1), and

(c) social care services (within the meaning given in that section).

(11) 45A reference in this section to service integration is a reference to the
integration of the provision of health services with the provision of
health-related services or social care services, as referred to in sections
13N and 14Z1.

(12) “Health services” means services provided as part of the health service
in England.”.

Part 5 General

121 5Power to make consequential provision

(1) The Secretary of State may by order make provision in consequence of a
provision of this Act.

(2) An order under this section may amend, repeal, revoke or otherwise modify an
enactment.

(3) 10The power conferred by this section is not restricted by any other provision of
this Act.

(4) A saving or a transitional or transitory provision in an order under this section
by virtue of section 123(7) may, in particular, modify the application of a
provision made by the order pending the commencement of—

(a) 15another provision of the order,

(b) a provision of this Act, or

(c) any other enactment.

(5) Before making an order under this section that contains provision which is
within the legislative competence of a devolved legislature, the Secretary of
20State must consult the relevant devolved authority.

(6) A reference to an enactment includes a reference to an enactment passed or
made after the passing of this Act.

122 Power to make transitional etc. provision

(1) The Secretary of State may by order make transitional, transitory or saving
25provision in connection with the commencement of a provision of this Act.

(2) An order under this section may modify the application of a provision of this
Act pending the commencement of—

(a) another provision of this Act, or

(b) any other enactment (including one passed or made after the passing of
30this Act).

123 Regulations and orders

(1) A power to make regulations under this Act is exercisable by the Secretary of
State.

(2) Regulations and orders under this Act must be made by statutory instrument.

(3) 35Subject to subsections (4) and (5), a statutory instrument containing regulations
or an order under this Act is subject to annulment in pursuance of a resolution
of either House of Parliament.

(4) A statutory instrument which contains (whether alone or with other provision)
any of the following may not be made unless a draft of the instrument has been
40laid before, and approved by a resolution of, each House of Parliament—

(a) regulations under section 13(7) (the eligibility criteria);

(b) regulations under section 15(4) (the cap on care costs) other than those
made in discharge of the duty under section 16(1);

(c) the first regulations under section 15(8) (the amount attributable to an
5adult’s daily living costs);

(d) regulations under section 22(2)(b) (services or facilities which a local
authority may not provide or arrange);

(e) regulations under section 35(9) or 36(3) (deferred payment agreements
and loans and alternative financial arrangements) which include
10provision that amends or repeals a provision of an Act of Parliament;

(f) the first regulations under section 52(12) (meaning of references to
business failure);

(g) the first regulations under section 53(1) (criteria for application of
market oversight regime);

(h) 15the first regulations under section 53(4) (disapplication of market
oversight regime in particular cases);

(i) the first regulations under section 62(2) (exercise of power to meet
child’s carer’s needs for support);

(j) an order under section 78(9) (delegation of local authority functions);

(k) 20regulations under section 91 (offence of supplying etc false or
misleading information);

(l) an order under section 121 (consequential provision) which includes
provision that amends or repeals a provision of an Act of Parliament;

(m) regulations under paragraph 17 of Schedule 7 (fees chargeable by the
25HRA).

(5) Subsection (3) does not apply to—

(a) an order under section 95 (transfer order to new HEE);

(b) an order under section 108 (transfer order to new HRA);

(c) an order under section 122 (transitional etc. provision);

(d) 30an order under section 125 (commencement).

(6) A power to make regulations or an order under this Act—

(a) may be exercised for all cases to which the power applies, for those
cases subject to specified exceptions, or for any specified cases or
descriptions of case,

(b) 35may be exercised so as to make, for the cases for which it is exercised—

(i) the full provision to which the power applies or any less
provision (whether by way of exception or otherwise);

(ii) the same provision for all cases for which the power is
exercised, or different provision for different cases or different
40descriptions of case, or different provision as respects the same
case or description of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to
specified conditions, and

(c) may, in particular, make different provision for different areas.

(7) 45A power to make regulations or an order under this Act (other than the power
to make an order under section 122 or 125) includes —

(a) power to make incidental, supplementary, consequential, saving,
transitional or transitory provision, and