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Health and Social Care Bill (HL Bill 92)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published
separately as HL Bill 92—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Earl Howe has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Health and Social Care Bill are compatible with the
Convention rights.

Contents

    The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
    contains the Schedules to the Bill.

  1. Part 1

    The health service in England

    1. The health service: overview

      1. 1. Secretary of State’s duty to promote comprehensive health service

      2. 2. The Secretary of State’s duty as to improvement in quality of services

      3. 3. The Secretary of State’s duty as to reducing inequalities

      4. 4. The Secretary of State’s duty as to promoting autonomy

      5. 5. The Secretary of State’s duty as to research

      6. 6. The NHS Commissioning Board

      7. 7. Clinical commissioning groups

    2. Arrangements for provision of health services

      1. 8. The Secretary of State’s duty as to protection of public health

      2. 9. Duties as to improvement of public health

      3. 10. Duties of clinical commissioning groups as to commissioning certain health
        services

      4. 11. Power of clinical commissioning groups as to commissioning certain health
        services

      5. 12. Power to require Board to commission certain health services

      6. 13. Secure psychiatric services

      7. 14. Other services etc. provided as part of the health service

      8. 15. Regulations as to the exercise by local authorities of certain public health
        functions

      9. 16. Regulations relating to EU obligations

      10. 17. Regulations as to the exercise of functions by the Board or clinical
        commissioning groups

      11. 18. Functions of Special Health Authorities

      12. 19. Exercise of public health functions of the Secretary of State

    3. Further provision about the Board

      1. 20. The NHS Commissioning Board: further provision

      2. 21. Financial arrangements for the Board

    4. Further provision about clinical commissioning groups

      1. 22. Clinical commissioning groups: establishment etc.

      2. 23. Clinical commissioning groups: general duties etc.

      3. 24. Financial arrangements for clinical commissioning groups

      4. 25. Requirement for primary medical services provider to belong to clinical
        commissioning group

    5. Further provision about local authorities’ role in the health service

      1. 26. Other health service functions of local authorities under the 2006 Act

      2. 27. Appointment of directors of public health

      3. 28. Exercise of public health functions of local authorities

      4. 29. Complaints about exercise of public health functions by local authorities

    6. Abolition of Strategic Health Authorities and Primary Care Trusts

      1. 30. Abolition of Strategic Health Authorities

      2. 31. Abolition of Primary Care Trusts

    7. Functions relating to fluoridation of water

      1. 32. Fluoridation of water supplies

      2. 33. Procedural requirements in connection with fluoridation of water supplies

      3. 34. Fluoridation of water supplies: transitional provision

    8. Functions relating to mental health matters

      1. 35. Approval functions

      2. 36. Discharge of patients

      3. 37. After-care

      4. 38. Provision of pocket money for in-patients

      5. 39. Transfers to and from special hospitals

      6. 40. Independent mental health advocates

      7. 41. Patients’ correspondence

      8. 42. Notification of hospitals having arrangements for special cases

    9. Emergency powers

      1. 43. Role of the Board and clinical commissioning groups in respect of
        emergencies

      2. 44. Secretary of State’s emergency powers

    10. Miscellaneous

      1. 45. New Special Health Authorities

      2. 46. Primary care services: directions as to exercise of functions

      3. 47. Charges in respect of certain public health functions

      4. 48. Pharmaceutical services expenditure

      5. 49. Secretary of State’s duty to keep health service functions under review

      6. 50. Secretary of State’s annual report

      7. 51. Certification of death

      8. 52. Amendments related to Part 1 and transitional provision

  2. Part 2

    Further provision about public health

    1. 53. Abolition of Health Protection Agency

    2. 54. Functions in relation to biological substances

    3. 55. Radiation protection functions

    4. 56. Repeal of AIDS (Control) Act 1987

    5. 57. Co-operation with bodies exercising functions in relation to public health

  3. Part 3

    Regulation of health and adult social care services

    1. Chapter 1

      Monitor

      1. 58. Monitor

      2. 59. General duties

      3. 60. General duties: supplementary

      4. 61. Power to give Monitor functions relating to adult social care services

      5. 62. Matters to have regard to in exercise of functions

      6. 63. Conflicts between functions

      7. 64. Duty to review regulatory burdens

      8. 65. Duty to carry out impact assessments

      9. 66. Information

      10. 67. Failure to perform functions

    2. Chapter 2

      Competition

      1. 68. Functions under the Competition Act 1998

      2. 69. Functions under Part 4 of the Enterprise Act 2002

      3. 70. Competition functions: supplementary

      4. 71. Requirements as to procurement, patient choice and competition

      5. 72. Requirements under section 71: investigations, declarations and directions

      6. 73. Requirements under section 71: undertakings

      7. 74. Guidance

      8. 75. Mergers involving NHS foundation trusts

      9. 76. Reviews by the Competition Commission

      10. 77. Reviews under section 76: powers of investigation

      11. 78. Reviews under section 76: considerations relevant to publication

      12. 79. Co-operation with the Office of Fair Trading

    3. Chapter 3

      Licensing

      1. Licensing requirement

        1. 80. Requirement for health service providers to be licensed

        2. 81. Deemed breach of requirement to be licensed

        3. 82. Exemption regulations

        4. 83. Exemption regulations: supplementary

      2. Licensing procedure

        1. 84. Application for licence

        2. 85. Licensing criteria

        3. 86. Grant or refusal of licence

        4. 87. Application and grant: NHS foundation trusts

        5. 88. Revocation of licence

        6. 89. Right to make representations

        7. 90. Notice of decisions

        8. 91. Appeals to the Tribunal

        9. 92. Register of licence holders

      3. Licence conditions

        1. 93. Standard conditions

        2. 94. Special conditions

        3. 95. Limits on Monitor’s functions to set or modify licence conditions

        4. 96. Conditions: supplementary

        5. 97. Conditions relating to the continuation of the provision of services etc.

        6. 98. Modification of standard conditions

        7. 99. Modification references to the Competition Commission

        8. 100. Modification of conditions by order under other enactments

        9. 101. Standard condition as to transparency of certain criteria

      4. Enforcement

        1. 102. Power to require documents and information

        2. 103. Discretionary requirements

        3. 104. Enforcement undertakings

        4. 105. Further provision about enforcement powers

        5. 106. Guidance as to use of enforcement powers

        6. 107. Publication of enforcement action

        7. 108. Notification of enforcement action

      5. Transitional provision

        1. 109. Imposition of licence conditions on NHS foundation trusts

        2. 110. Duration of transitional period

        3. 111. Orders under section 110 that apply to only some trusts

        4. 112. Repeal of sections 110 and 111

    4. Chapter 4

      Pricing

      1. 113. Price payable by commissioners for NHS services

      2. 114. The national tariff

      3. 115. The national tariff: further provision

      4. 116. Consultation on proposals for the national tariff

      5. 117. Consultation: further provision

      6. 118. Responses to consultation

      7. 119. Determination on reference under section 118

      8. 120. Changes following determination on reference under section 118

      9. 121. Power to veto changes proposed under section 120

      10. 122. Local modifications of prices: agreements

      11. 123. Local modifications of prices: applications

      12. 124. Correction of mistakes

    5. Chapter 5

      Health special administration

      1. 125. Health special administration orders

      2. 126. Objective of a health special administration

      3. 127. Health special administration regulations

      4. 128. Transfer schemes

      5. 129. Indemnities

      6. 130. Modification of this Chapter under Enterprise Act 2002

    6. Chapter 6

      Financial assistance in special administration cases

      1. Establishment of mechanisms

        1. 131. Duty to establish mechanisms for providing financial assistance

        2. 132. Power to establish fund

      2. Applications for financial assistance

        1. 133. Applications

        2. 134. Grants and loans

      3. Charges on commissioners

        1. 135. Power to impose charges on commissioners

      4. Levy on providers

        1. 136. Imposition of levy

        2. 137. Power of Secretary of State to set limit on levy and charges

        3. 138. Consultation

        4. 139. Responses to consultation

        5. 140. Amount payable

      5. Supplementary

        1. 141. Investment principles and reviews

        2. 142. Borrowing

        3. 143. Shortfall or excess of available funds, etc.

    7. Chapter 7

      Miscellaneous and general

      1. 144. Secretary of State’s duty as respects variation in provision of health services

      2. 145. Service of documents

      3. 146. Electronic communications

      4. 147. Interpretation and consequential amendments

  4. Part 4

    NHS foundation trusts & NHS trusts

    1. Governance and management

      1. 148. Governors

      2. 149. Directors

      3. 150. Members

      4. 151. Accounts: initial arrangements

      5. 152. Accounts: variations to initial arrangements

      6. 153. Annual report and forward plan

      7. 154. Meetings

      8. 155. Voting

    2. Foundation trust status

      1. 156. Authorisation

      2. 157. Bodies which may apply for foundation trust status

      3. 158. Amendment of constitution

      4. 159. Panel for advising governors

    3. Finance

      1. 160. Financial powers etc.

    4. Functions

      1. 161. Goods and services

      2. 162. Private health care

      3. 163. Information

      4. 164. Significant transactions

    5. Mergers, acquisitions, separations and dissolution

      1. 165. Mergers

      2. 166. Acquisitions

      3. 167. Separations

      4. 168. Dissolution

      5. 169. Supplementary

    6. Failure

      1. 170. Repeal of de-authorisation provisions

      2. 171. Trust special administrators

      3. 172. Objective of trust special administration

      4. 173. Procedure etc.

      5. 174. Action following final report

      6. 175. Sections 171 to 174: supplementary

    7. Abolition of NHS trusts

      1. 176. Abolition of NHS trusts in England

      2. 177. Repeal of provisions on authorisation for NHS foundation trusts

  5. Part 5

    Public involvement and local government

    1. Chapter 1

      Public involvement

      1. Healthwatch England

        1. 178. Healthwatch England

      2. Local Healthwatch organisations

        1. 179. Establishment and constitution

        2. 180. Activities relating to local care services

        3. 181. Local authority arrangements

        4. 182. Independent advocacy services

        5. 183. Requests, rights of entry and referrals

        6. 184. Dissolution and transfer schemes

        7. 185. Annual reports

        8. 186. Transitional arrangements

    2. Chapter 2

      Local government

      1. Scrutiny functions of local authorities

        1. 187. Scrutiny functions of local authorities

        2. 188. Amendments consequential on section 187

      2. Joint strategic needs assessments and strategies

        1. 189. Joint strategic needs assessments

        2. 190. Joint health and wellbeing strategies

      3. Health and Wellbeing Boards: establishment

        1. 191. Establishment of Health and Wellbeing Boards

      4. Health and Wellbeing Boards: functions

        1. 192. Duty to encourage integrated working

        2. 193. Other functions of Health and Wellbeing Boards

      5. Health and Wellbeing Boards: supplementary

        1. 194. Participation of NHS Commissioning Board

        2. 195. Discharge of functions of Health and Wellbeing Boards

        3. 196. Supply of information to Health and Wellbeing Boards

      6. Care Trusts

        1. 197. Care Trusts

    3. Chapter 3

      The Health Service Commissioner for England

      1. 198. Disclosure of reports etc. by the Health Service Commissioner

  6. Part 6

    Primary care services

    1. 199. Medical services: minor amendments

    2. 200. Persons eligible to enter into general dental services contracts

    3. 201. Arrangements under section 107 of the National Health Service Act 2006

    4. 202. Payments in respect of costs of sight tests

    5. 203. Pharmaceutical needs assessments

    6. 204. Control of entry on pharmaceutical lists

    7. 205. Lists of performers of pharmaceutical services and assistants etc.

  7. Part 7

    Regulation of health and social care workers

    1. Orders under section 60 of the Health Act 1999

      1. 206. Power to regulate social workers etc. in England

      2. 207. Training etc. of approved mental health professionals in England

      3. 208. Orders regulating social care workers in England: further provision

    2. The General Social Care Council

      1. 209. Abolition of the General Social Care Council

    3. The Health and Care Professions Council

      1. 210. Regulation of social workers in England

      2. 211. The Health and Care Professions Council

      3. 212. Functions of the Council in relation to social work in England

      4. 213. Appeals in cases involving social workers in England

      5. 214. Approval of courses for approved mental health professionals

      6. 215. Exercise of function of approving courses, etc.

      7. 216. Arrangements with other health or social care regulators

      8. 217. References in enactments to registered health professionals, etc.

    4. Role of the Secretary of State

      1. 218. Functions of the Secretary of State in relation to social care workers

    5. The Professional Standards Authority for Health and Social Care

      1. 219. The Professional Standards Authority for Health and Social Care

      2. 220. Functions of the Authority

      3. 221. Funding of the Authority

      4. 222. Power to advise regulatory bodies, investigate complaints, etc.

      5. 223. Accountability and governance

      6. 224. Appointments to regulatory bodies

      7. 225. Establishment of voluntary registers

      8. 226. Accreditation of voluntary registers

    6. Consequential provision etc.

      1. 227. Consequential provisions and savings, etc.

    7. The Office of the Health Professions Adjudicator

      1. 228. Abolition of the Office of the Health Professions Adjudicator

  8. Part 8

    The National Institute for Health and Care Excellence

    1. Establishment and general duties

      1. 229. The National Institute for Health and Care Excellence

      2. 230. General duties

    2. Functions: quality standards

      1. 231. Quality standards

      2. 232. Supply of quality standards to other persons

      3. 233. Advice or guidance to the Secretary of State or the Board

    3. Functions: advice, guidance etc.

      1. 234. Advice, guidance, information and recommendations

      2. 235. NICE recommendations: appeals

      3. 236. Training

      4. 237. Advisory services

      5. 238. Commissioning guidance

    4. Functions: other

      1. 239. NICE’s charter

      2. 240. Additional functions

      3. 241. Arrangements with other bodies

      4. 242. Failure by NICE to discharge any of its functions

      5. 243. Protection from personal liability

    5. Supplementary

      1. 244. Interpretation of this Part

      2. 245. Dissolution of predecessor body

      3. 246. Consequential and transitional provision

  9. Part 9

    Health and adult social care services: information

    1. Chapter 1

      Information standards

      1. 247. Powers to publish information standards

      2. 248. Information standards: supplementary

    2. Chapter 2

      The Health and Social Care Information Centre

      1. Establishment and general duties

        1. 249. The Health and Social Care Information Centre

        2. 250. General duties

      2. Functions: information systems

        1. 251. Powers to direct Information Centre to establish information systems

        2. 252. Powers to request Information Centre to establish information systems

        3. 253. Requests under section 252: supplementary

        4. 254. Information systems: supplementary

        5. 255. Powers to require and request provision of information

        6. 256. Publication of information

        7. 257. Other dissemination of information

        8. 258. Information Register

        9. 259. Advice or guidance

      3. Functions: quality of health and social care information

        1. 260. Assessment of quality of information

        2. 261. Power to establish accreditation scheme

      4. Functions: other

        1. 262. Database of quality indicators

        2. 263. Power to confer functions in relation to identification of GPs

        3. 264. Additional functions

        4. 265. Arrangements with other bodies

        5. 266. Failure by Information Centre to discharge any of its functions

        6. 267. Protection from personal liability

      5. General and supplementary

        1. 268. Powers of Secretary of State or Board to give directions

        2. 269. Interpretation of this Chapter

        3. 270. Dissolution of predecessor body

        4. 271. Consequential provision

  10. Part 10

    Abolition of certain public bodies etc

    1. 272. The Alcohol Education and Research Council

    2. 273. The Appointments Commission

    3. 274. The National Information Governance Board for Health and Social Care

    4. 275. The National Patient Safety Agency

    5. 276. The NHS Institute for Innovation and Improvement

    6. 277. Standing advisory committees

  11. Part 11

    Miscellaneous

    1. Information relating to births and deaths etc.

      1. 278. Special notices of births and deaths

      2. 279. Provision of information by Registrar General

      3. 280. Provision of information by Registrar General: Wales

      4. 281. Provision of statistical information by Statistics Board

    2. Duties to co-operate

      1. 282. Monitor: duty to co-operate with Care Quality Commission

      2. 283. Care Quality Commission: duty to co-operate with Monitor

      3. 284. Other duties to co-operate

      4. 285. Breaches of duties to co-operate

    3. The Care Quality Commission

      1. 286. Requirement for Secretary of State to approve remuneration policy etc.

      2. 287. Conduct of reviews etc. by Care Quality Commission

      3. 288. Failure to discharge functions

    4. Arrangements with devolved authorities etc.

      1. 289. Arrangements between the Board and Northern Ireland Ministers

      2. 290. Arrangements between the Board and Scottish Ministers etc.

      3. 291. Relationships between the health services

      4. 292. Advice or assistance to public authorities in the Isle of Man or Channel
        Islands

    5. Supervised community treatment

      1. 293. Certificate of consent of community patients to treatment

    6. Transfer schemes

      1. 294. Transfer schemes

      2. 295. Transfer schemes: supplemental

      3. 296. Subsequent property transfer schemes

  12. Part 12

    Final provisions

    1. 297. Power to make consequential provision

    2. 298. Regulations, orders and directions

    3. 299. Financial provision

    4. 300. Commencement

    5. 301. Commencement: consultation with Scottish Ministers

    6. 302. Extent

    7. 303. Short title

    1. Schedule 1

      The National Health Service Commissioning Board

    2. Schedule 2

      Clinical commissioning groups

    3. Schedule 3

      Pharmaceutical remuneration

    4. Schedule 4

      Amendments of the National Health Service Act 2006

      1. Part 1

        The health service in England

      2. Part 2

        NHS Bodies

      3. Part 3

        Local authorities

      4. Part 4

        Medical services

      5. Part 5

        Dental services

      6. Part 6

        Ophthalmic services

      7. Part 7

        Pharmaceutical services

      8. Part 8

        Charging

      9. Part 9

        Fraud etc.

      10. Part 10

        Property and finance

      11. Part 11

        Public involvement and scrutiny

      12. Part 12

        Miscellaneous

    5. Schedule 5

      Part 1: amendments of other enactments

    6. Schedule 6

      Part 1: transitional provision

    7. Schedule 7

      Abolition of the Health Protection Agency: consequential
      amendments

    8. Schedule 8

      Monitor

    9. Schedule 9

      Requirements under section 71: undertakings

    10. Schedule 10

      References by Monitor to the Competition Commission

    11. Schedule 11

      Further provision about enforcement powers

      1. Part 1

        Discretionary requirements

      2. Part 2

        Enforcement undertakings

    12. Schedule 12

      Procedure on references under section 118

    13. Schedule 13

      Part 3: minor and consequential amendments

    14. Schedule 14

      Abolition of NHS trusts in England: consequential
      amendments

      1. Part 1

        Amendments of the National Health Service Act 2006

      2. Part 2

        Amendments of other Acts

    15. Schedule 15

      Local Healthwatch Organisations

    16. Schedule 16

      Part 7: consequential amendments and savings

      1. Part 1

        Abolition of The General Social Care Council

      2. Part 2

        The Health and Care Professions Council

      3. Part 3

        The Professional Standards Authority for Health and Social
        Care

      4. Part 4

        The Office of the Health Professions Adjudicator

    17. Schedule 17

      The National Institute for Health and Care Excellence

    18. Schedule 18

      Part 8: consequential amendments

    19. Schedule 19

      The Health and Social Care Information Centre

    20. Schedule 20

      Part 9: consequential amendments

    21. Schedule 21

      Part 10: consequential amendments and savings

      1. Part 1

        The Alcohol Education and Research Council

      2. Part 2

        The Appointments Commission

      3. Part 3

        The National Information Governance Board for Health and
        Social Care

    22. Schedule 22

      Amendments relating to relationships between the health
      services

    23. Schedule 23

      Property transfer schemes

    24. Schedule 24

      Staff transfer schemes

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