Session 2010 - 12
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Health and Social Care Bill


Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government

202

 

(c)   

a joint sub-committee of the Boards to advise them on any matter

related to the exercise of their functions.

199     

Supply of information to Health and Wellbeing Boards

(1)   

A Health and Wellbeing Board may, for the purpose of enabling or assisting it

to perform its functions, request any of the following persons to supply it with

5

such information as may be specified in the request—

(a)   

the local authority that established the Health and Wellbeing Board;

(b)   

any person who is represented on the Health and Wellbeing Board by

virtue of section 194(2)(e) to (g) or (8);

(c)   

any person who is a member of a Health and Wellbeing Board by virtue

10

of section 194(2)(g) or (8) but is not acting as a representative.

(2)   

A person who is requested to supply information under subsection (1) must

comply with the request.

(3)   

Information supplied to a Health and Wellbeing Board under this section may

be used by the Board only for the purpose of enabling or assisting it to perform

15

its functions.

(4)   

Information requested under subsection (1) must be information that relates

to—

(a)   

a function of the person to whom the request is made, or

(b)   

a person in respect of whom a function is exercisable by that person.

20

Care Trusts

200     

Care Trusts

(1)   

In section 77 of the National Health Service Act 2006 (Care Trusts), in

subsection (1)—

(a)   

in paragraph (a), after “an NHS trust” insert “or a clinical

25

commissioning group or an NHS foundation trust”,

(b)   

omit the “and” preceding paragraph (b),

(c)   

in paragraph (b), for “the Secretary of State considers” substitute “the

body and the local authority concerned consider”,

(d)   

in that paragraph, for “a local authority” substitute “the local

30

authority”,

(e)   

after paragraph (b), insert “, and

(c)   

the requirements in subsection (1A) are satisfied,”, and

(f)   

for “the Secretary of State may” substitute “the body and the local

authority may jointly”.

35

(2)   

After that subsection insert—

“(1A)   

The body and the local authority must, before designating the body as

a Care Trust under this section—

(a)   

publish in the prescribed form and manner—

(i)   

the reasons why they consider that the proposed

40

designation would be likely to have the result

mentioned in subsection (1)(b), and

 
 

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government

203

 

(ii)   

information about the proposed governance

arrangements of the Care Trust, and

(b)   

consult on the proposed designation in accordance with

regulations.

(1B)   

Where a body has been designated as a Care Trust under this section,

5

the body and the local authority must notify prescribed persons of the

designation.”

(3)   

Omit subsections (2) and (3) of that section.

(4)   

In subsection (4) of that section—

(a)   

for “The direction is that while the body is designated it” substitute “A

10

body designated as a Care Trust under this section”,

(b)   

for “specified in the direction” substitute “agreed”,

(c)   

for “so specified” substitute “so agreed”, and

(d)   

at the end insert “; and “agreed” means agreed by the body and the local

authority”.

15

(5)   

For subsection (5) of that section substitute—

“(5)   

Where a body is designated as a Care Trust under this section, the body

and the local authority may jointly revoke that designation.

(5A)   

Before revoking a designation as a Care Trust under this section, the

body and the local authority must consult on the proposed revocation

20

of the designation in accordance with regulations.

(5B)   

Where the designation of a body as a Care Trust under this section has

been revoked, the body and the local authority must notify prescribed

persons of the revocation.”

(6)   

After subsection (5B) of that section insert—

25

“(5C)   

Regulations under subsection (1A)(b) or (5A) may include provision

requiring a body and a local authority to publish prescribed

information following a consultation.”

(7)   

After subsection (5C) of that section insert—

“(5D)   

Where a duty is imposed by or by virtue of this section on a body and

30

a local authority, they may make arrangements for the function to be

discharged—

(a)   

by both of them acting jointly,

(b)   

by each of them acting separately, or

(c)   

by one of them acting on behalf of both of them.”

35

(8)   

Omit subsection (6) of that section.

(9)   

Omit subsection (7) of that section.

(10)   

In subsection (9) of that section—

(a)   

omit paragraph (a),

(b)   

omit paragraph (b),

40

(c)   

omit paragraph (c), and

(d)   

in paragraph (d), for “subsection (3)” substitute “subsection (4)”.

 
 

Health and Social Care Bill
Part 6 — Primary care services

204

 

(11)   

In subsection (10) of that section, after “NHS trust” insert “or clinical

commissioning group or NHS foundation trust”.

(12)   

In subsection (12) of that section, in the definition of “NHS functions” after

“NHS trust” insert “or clinical commissioning group or NHS foundation trust”.

(13)   

Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an

5

NHS trust which has satisfied any requirement in relation to consultation

imposed by virtue of subsection (9) of section 77 of the National Health Service

Act 2006 before the commencement of those subsections.

(14)   

A Primary Care Trust or NHS trust which, after the commencement of

subsection (5), has its designation as a Care Trust revoked must notify the

10

Secretary of State of that revocation.

(15)   

Despite the repeal of subsection (6) of section 77 of the National Health Service

Act 2006 by subsection (8), that subsection continues to have effect so far as it

applies to the revocation of designations—

(a)   

in relation to Primary Care Trusts, until the commencement of section

15

34, and

(b)   

in relation to NHS trusts, until the commencement of section 179.

Chapter 3

The Health Service Commissioner for England

201     

Disclosure of reports etc. by the Health Service Commissioner

20

In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the

Commissioner), after subsection (2H) insert—

“(2I)   

Where the Commissioner is required by this section to send a report or

statement of reasons to certain persons, the Commissioner may send

the report or statement to such other persons as the Commissioner

25

thinks appropriate.”

Part 6

Primary care services

202     

Medical services: minor amendments

(1)   

In section 86 of the National Health Service Act 2006 (persons eligible to enter

30

into general medical services contracts), in subsection (3), in paragraphs (a)

and (b), before “legally and beneficially” insert “both”.

(2)   

In section 89 of that Act (general medical services contracts: required terms), in

subsection (3), for “may make” substitute “must make”.

(3)   

In section 93 of that Act (persons with whom arrangements may be made

35

under section 92 of that Act for the provision of primary medical services), in

the definition of “qualifying body” in subsection (3), before “legally and

beneficially” insert “both”.

 
 

Health and Social Care Bill
Part 6 — Primary care services

205

 

203     

Persons eligible to enter into general dental services contracts

(1)   

Section 102 of the National Health Service Act 2006 (persons eligible to enter

into general dental services contracts) is amended as follows.

(2)   

In subsection (1), in paragraph (c), for “individuals” substitute “persons”.

(3)   

After that subsection insert “,

5

(d)   

a limited liability partnership where the conditions in

subsection (2A) are satisfied.”

(4)   

In subsection (2), for paragraph (b) substitute—

“(b)   

subsection (3A) or (3B) applies.”

(5)   

After that subsection insert—

10

“(2A)   

The conditions referred to in subsection (1)(d) are that—

(a)   

at least one member is a dental practitioner, and

(b)   

subsection (3A) or (3B) applies.”

(6)   

After subsection (3) insert—

“(3A)   

This subsection applies if a partner or member who is a dental

15

practitioner, or who falls within subsection (3C), has the power to

secure that the partnership’s affairs are conducted in accordance with

that partner’s or member’s wishes.

(3B)   

This subsection applies if, in any combination of partners or members

who, acting together, have the power (or who, if they were to act

20

together, would have the power) to secure that the partnership’s affairs

are conducted in accordance with their wishes, at least one of them is a

dental practitioner or a person who falls within subsection (3C).”

(7)   

After subsection (3B) insert—

“(3C)   

A person falls within this subsection if the person is—

25

(a)   

an NHS employee,

(b)   

a section 92 employee, section 107 employee, section 50

employee, section 64 employee, section 17C employee or Article

15B employee,

(c)   

a health care professional who is engaged in the provision of

30

services under this Act or the National Health Service (Wales)

Act 2006, or

(d)   

an individual falling within section 108(1)(d).”

204     

Arrangements under section 107 of the National Health Service Act 2006

(1)   

Section 108 of the National Health Service Act 2006 (persons with whom

35

section 107 arrangements may be made) is amended as follows.

(2)   

In subsection (1)—

(a)   

before “make an agreement” insert “, subject to such conditions as may

be prescribed,”,

(b)   

in each of paragraphs (b) and (c), omit “who meets the prescribed

40

conditions”,

(c)   

for paragraph (f) substitute—

“(f)   

a dental corporation,”, and

 
 

Health and Social Care Bill
Part 6 — Primary care services

206

 

(d)   

after paragraph (f) insert—

“(fa)   

a company limited by shares where the conditions in

subsection (1A) are satisfied,

(fb)   

a limited liability partnership where subsection (1B) or

(1C) applies,”.

5

(3)   

After subsection (1) insert—

“(1A)   

The conditions referred to in subsection (1)(fa) are that—

(a)   

every person who owns a share in the company owns it both

legally and beneficially, and

(b)   

it is not possible for two or more members of the company who

10

are not persons who fall within subsection (1)(a) to (e) to hold

the majority of the voting rights conferred by shares in the

company on any matter on which members have such rights.”

(4)   

After subsection (1A) insert—

“(1B)   

This subsection applies if a member of the partnership who falls within

15

subsection (1)(a) to (e) has the power to secure that the partnership’s

affairs are conducted in accordance with that member’s wishes.

(1C)   

This subsection applies if, in any combination of members of the

partnership who, acting together, have the power (or who, if they were

to act together, would have the power) to secure that the partnership’s

20

affairs are conducted in accordance with their wishes, at least one of

them falls within subsection (1)(a) to (e).”

(5)   

Omit subsection (2).

(6)   

In subsection (3)—

(a)   

at the appropriate place insert—

25

““dental corporation”” means a body corporate which is

carrying on the business of dentistry in accordance with

the Dentists Act 1984,”, and

(b)   

omit the definition of “qualifying body”.

205     

Payments in respect of costs of sight tests

30

(1)   

Section 180 of the National Health Service Act 2006 (payments in respect of

costs of optical appliances) is amended as follows.

(2)   

In subsection (3), before paragraph (a) insert—

“(za)   

provide for payments to be made by the Board to meet, or to

contribute towards, any cost accepted by the Board as having

35

been incurred for the cost of a sight test of a person who—

(i)   

falls within section 115(2)(c), but

(ii)   

at the time of the test has not been issued with a notice

by the Secretary of State of entitlement to receive

assistance in respect of the cost of a sight test (or has

40

been issued with such a notice but has yet to receive it),”.

(3)   

After that subsection insert—

“(3A)   

The amount of a payment by virtue of subsection (3)(za) or (a) must not

exceed the amount for the time being set in regulations under this

 
 

Health and Social Care Bill
Part 6 — Primary care services

207

 

section as the applicable fee in the case in question for the provision of

the sight-testing service under section 115(1)(a).”

206     

Pharmaceutical needs assessments

(1)   

In section 128A of the National Health Service Act 2006 (pharmaceutical needs

assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary

5

Care Trust” substitute “Health and Wellbeing Board”.

(2)   

In section 24 of that Act (plans for improving health etc.), at the end of

subsection (8)(a) (but before the following “, and”) insert “(other than

pharmaceutical services or local pharmaceutical services)”.

(3)   

In section 24A of that Act (report on consultation), in subsection (2), for “Parts

10

4 to 7” substitute “Parts 4 to 6”.

(4)   

In section 242 of that Act (public involvement and consultation), in subsection

(1F), after “(1E),” insert “—

(a)   

“health services” does not include pharmaceutical services or

local pharmaceutical services, and

15

(b)   

”.

(5)   

In section 242A of that Act (Strategic Health Authorities: further duty to

involve users), at the end of subsection (2) add “; and for that purpose “health

services” does not include pharmaceutical services or local pharmaceutical

services”.

20

207     

Control of entry on pharmaceutical lists

(1)   

Section 129 of the National Health Service Act 2006 (regulations as to

pharmaceutical lists) is amended as follows.

(2)   

In subsection (2), in paragraph (c)—

(a)   

for “must be granted if” substitute “may be granted only if”, and

25

(b)   

omit the words from “and may otherwise” to the end.

(3)   

After that subsection insert—

“(2ZA)   

The Board may not include the Secretary of State, or such other persons

as the regulations may prescribe, in a list prepared for the purposes of

provision under subsection (2)(a).”

30

(4)   

In subsection (2A)—

(a)   

for “its needs statement” substitute “the needs statement for the

relevant area”, and

(b)   

for the words from “it is necessary” to the end substitute “to grant the

application would—

35

(a)   

meet a need in that area for the services or some of the

services specified in the application, or

(b)   

secure improvements, or better access, to

pharmaceutical services in that area.”

(5)   

For subsection (2B) substitute—

40

“(2B)   

In subsection (2A), “relevant area”, in relation to a needs statement, is

the area of the Health and Wellbeing Board which includes the

 
 

Health and Social Care Bill
Part 6 — Primary care services

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premises from which the application states that the applicant will

undertake to provide services.”

(6)   

In subsection (2C), for “(2B)” substitute “(2A)”.

(7)   

In subsection (4)(c), omit “or (2B)”.

(8)   

In subsection (6)(g)—

5

(a)   

after “grounds on which” insert “or circumstances in which”,

(b)   

before “may, or must,” insert “—

(i)   

”, and

(c)   

at the end insert “,

(ii)   

may, or must, remove a person or an entry in

10

respect of premises from a pharmaceutical list”.

(9)   

In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing

Board”.

(10)   

In section 130(2) of that Act (regulations about appeals from decisions on

applications for inclusion in pharmaceutical list)—

15

(a)   

after “an application” insert “on grounds corresponding to the

conditions referred to in section 151(2), (3) or (4) as read with section

153”, and

(b)   

omit “(by way of redetermination)”.

(11)   

In section 136 of that Act (designation of priority neighbourhoods or

20

premises)—

(a)   

in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute

“relevant areas”, and

(b)   

after subsection (3) insert—

“(4)   

“Relevant area” has the same meaning as in section 129(2A).”

25

(12)   

In Schedule 12 to that Act (provision of local pharmaceutical services under

LPS schemes), in paragraph 2—

(a)   

in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”

substitute “relevant areas”, and

(b)   

after sub-paragraph (3) insert—

30

    “(4)  

“Relevant area” has the same meaning as in section 129(2A).”

208     

Lists of performers of pharmaceutical services and assistants etc.

(1)   

Omit the following provisions of the National Health Service Act 2006—

(a)   

section 146 (lists of persons performing local pharmaceutical services)

and the preceding cross-heading,

35

(b)   

section 149 (supplementary lists), and

(c)   

section 150 (further provision about supplementary lists).

 
 

 
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