Freedom of Information (Amendment) Bill (HC Bill 84)

A

BILL

TO

Amend the Freedom of Information Act 2000 to apply its provisions to private
healthcare companies and other bodies seeking health service contracts; and
for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Amendment of the Freedom of Information Act 2000

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In Schedule 1 (Public Authorities) in Part III (National Health Service), after
45A insert—

45B 5Private healthcare companies and bodies seeking health service
contracts

(1) A “private healthcare company” or a “body seeking health service
contracts” for the purposes of section 3(1)(c) is a person who provides,
has provided or has submitted a bid to provide NHS services under a
10contract with an NHS body.

(2) Section 1 applies to a private healthcare company or a body seeking
health service contracts only in relation to information held by it
relating to—

(a) the contract or bid referred to in subsection (1),

(b) 15matters affecting its ability to provide services in accordance
with that contract, and

(c) its performance of that contract.

(3) In this section “NHS body” means—

  • (a)

    a Special Health Authority,

    (b)

    20an NHS trust,

    (c)

    an NHS foundation trust,

    (d)

    a Local Health Board,

    (e)

    the National Health Service Commissioning Board, and

    Freedom of Information (Amendment) BillPage 2

    (f)

    a clinical commissioning group.

(3) In section 19 (publication schemes), after subsection (2F) insert—

(2G) The publication scheme of a private healthcare company or a body
seeking health service contracts must contain specified details of any
5relevant penalty imposed on—

(a) the company,

(b) any subsidiary of the company,

(c) any company of which it is a subsidiary,

(d) any other company owned by a company of which it is a
10subsidiary,

(e) any person with whom it is in partnership, and

(f) any director or employee of any such company or any partner
or employee of any such partnership,

during the past 5 years relating to the provision of health care services
15whether or not they were provided, or the penalty was imposed, within
the United Kingdom.

(2H) Where the private healthcare company is jointly owned by two or more
companies the information to be provided under subsection (2G) shall
be provided in relation to each of those companies, its subsidiaries and
20companies of which it is a subsidiary.

(2I) For the purposes of subsection (2G) a “relevant penalty” means a
penalty imposed—

(a) under the terms of any contract,

(b) by a court,

(c) 25by a regulatory body,

arising from the provision or failure to provide adequate standards of
health care.

(2J) For the purposes of subsection (2G) the “specified details” mean
particulars of the events giving rise to the penalty including a
30description of those events, the location at which they occurred, the
date of the events, the date of the penalty and the person on whom it
was imposed.

2 Commencement, short title and extent

(1) This Act shall come into force on 1 September 2015.

(2) 35This Act may be cited as the Freedom of Information (Amendment) Act 2015.

(3) This Act extends to England and Wales only.