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31

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 5 February 2015

 

For other Amendment(s) see the following page(s):

 

National Health Service (Amended Duties and Powers) Bill Committee 19-28 and 29-30

 

Public Bill Committee

 

National Health Service (Amended Duties and

 

Powers) Bill

 

Mr James Arbuthnot

 

Clause  4,  page  4,  line  12,  at end insert—

 

“( )    

High security psychiatric services may be provided—

 

(a)    

only at hospital premises at which services are provided only for the

 

persons mentioned in subsection (1), and

 

(b)    

only by a person approved by the Secretary of State for the purposes of

 

this subsection.”

 

Mr James Arbuthnot

 

Clause  4,  page  4,  line  13,  after “may”, insert—

 

“(a)    

give directions to a person who provides high security psychiatric

 

services about the provision by that person of those services;

 

(b)    

”

 

Mr James Arbuthnot

 

Clause  4,  page  4,  line  17,  at end insert—

 

“( )    

“Hospital premises” means—

 

(a)    

a hospital, or

 

(b)    

any part of a hospital which is treated as a separate unit.”

 

Mr James Arbuthnot

 

Clause  3,  page  3,  line  33,  at end insert—

 
 

Notices of Amendments:                               

32

 

, continued

 
 

“(3A)    

The Secretary of State may give a direction to the Board if the Secretary of State

 

considers that—

 

(a)    

the Board—

 

(i)    

is failing or has failed to discharge any function conferred on the

 

Board by virtue of subsection (2), or

 

(ii)    

is failing or has failed properly to discharge any such function,

 

and

 

(b)    

the failure is significant.

 

(3B)    

A direction under subsection (3A) may direct the Board to discharge any such

 

function, and in such manner and within such period or periods, as may be

 

specified in the direction.

 

(3C)    

If the Board fails to comply with a direction under subsection (3A), the Secretary

 

of State may—

 

(a)    

discharge the function to which it relates, or

 

(b)    

make arrangements for any other person to discharge it on the Secretary

 

of State’s behalf.

 

(3D)    

Where the Secretary of State exercises a power under subsection (3A) or (3C), the

 

Secretary of State must publish the reasons for doing so.

 

(3E)    

For the purposes of this section a failure to discharge a function properly includes

 

a failure to discharge it consistently with what the Secretary of State considers to

 

be the interests of the health service.”

 

Mr James Arbuthnot

 

Clause  3,  page  3,  line  45,  at end insert—

 

“(6)    

Subsection (7) applies if the Secretary of State is satisfied that—

 

(a)    

a clinical commissioning group is failing or has failed to discharge any

 

function conferred on the group by virtue of subsection (4), or

 

(b)    

there is a significant risk that a clinical commissioning group will fail to

 

do so.

 

(7)    

The Secretary of State may direct the clinical commissioning group to discharge

 

any such function, and in such manner and within such period or periods, as may

 

be specified in the direction.

 

(8)    

The Secretary of State may direct—

 

(a)    

the clinical commissioning group, or

 

(b)    

the accountable officer of the group,

 

    

to cease to perform any such function for such period or periods as may be

 

specified in the direction.

 

(9)    

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 Secretary of State considers to be the

 

interests of the health service.”

 

Mr James Arbuthnot

 

Clause  3,  page  3,  line  34,  after “delegate”, insert “all or any part of”

 

Mr James Arbuthnot

 

Clause  6,  page  5,  line  44,  at end insert—

 
 

Notices of Amendments:                               

33

 

, continued

 
 

“(5A)    

When making an arrangement that will take effect as an NHS contract, a

 

commissioner must act with a view to—

 

(a)    

securing the needs of the people for whom the goods or services to which

 

the arrangement relates are to be provided,

 

(b)    

improving the quality of those goods or services, and

 

(c)    

improving efficiency in the provision of those goods or services,

 

    

including through the goods or services being provided in an integrated way.

 

(5B)    

The reference in subsection (5A) to goods or services being provided in an

 

integrated way includes a reference to their being provided together with—

 

(a)    

other health care services (as defined by section 64(3) of the Health and

 

Social Care Act 2012), or

 

(b)    

health-related services or social care services (as defined by section

 

62(11) of that Act).”

 

Mr James Arbuthnot

 

Clause  6,  page  6,  line  47,  leave out “10 years” and insert—

 

“(a)    

5 years, or

 

(b)    

if the commissioner is satisfied that a longer period is in the interests of

 

people using the services to which the contract relates, 7 years.”

 

Mr James Arbuthnot

 

NC1

 

To move the following Clause—

 

         

“Power to make consequential provision

 

(1)    

The Secretary of State may by regulations make provision in consequence of this

 

Act.

 

(2)    

Regulations under this section may, in particular—

 

(a)    

amend, repeal, revoke or otherwise modify any enactment;

 

(b)    

include transitional, transitory or saving provision in connection with the

 

commencement of provision made by the regulations.

 

(3)    

Transitory provision by virtue of subsection (2)(b) may, in particular, modify the

 

application of provision made by the regulations pending the commencement

 

of—

 

(a)    

another provision of the regulations,

 

(b)    

a provision of this Act,

 

(c)    

any other enactment.

 

(4)    

Before making regulations under this section which contain provision which

 

would, if included in an Act of the Scottish Parliament, fall within the legislative

 

competence of that Parliament, the Secretary of State must consult the Scottish

 

Ministers.

 

(5)    

The power conferred by this section is not restricted by any other provision of this

 

Act.

 

(6)    

In this section, “enactment” includes—

 

(a)    

an enactment contained in subordinate legislation (within the meaning of

 

the Interpretation Act 1978), and

 

(b)    

an enactment contained in, or in an instrument made under, as Act of the

 

Scottish Parliament, an Act or Measure of the National Assembly for

 

Wales or Northern Ireland legislation,

 
 

Notices of Amendments:                               

34

 

, continued

 
 

and references to an enactment include a reference to an enactment passed or

 

made after the passing of this Act.”

 

 
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