Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 1 — The health service in England

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Business plan and report

13T     

Business plan

(1)   

Before the start of each financial year, the Board must publish a

business plan setting out how it proposes to exercise its functions in

that year and each of the next two financial years.

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(2)   

The business plan must, in particular, explain how the Board proposes

to discharge its duties under—

(a)   

sections 13E and 13Q, and

(b)   

sections 223C to 223E.

(3)   

The business plan must, in particular, explain how the Board proposes

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to achieve the objectives, and comply with the requirements, specified

in the mandate for the first financial year to which the plan relates.

(4)   

The Board may revise the plan.

(5)   

The Board must publish any revised plan.

13U     

Annual report

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(1)   

As soon as practicable after the end of each financial year, the Board

must publish an annual report on how it has exercised its functions

during the year.

(2)   

The annual report must, in particular, contain an assessment of—

(a)   

the extent to which it met any objectives or requirements

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specified in the mandate for that year,

(b)   

the extent to which it gave effect to the proposals for that year

in its business plan, and

(c)   

how effectively it discharged its duties under sections 13E, 13G

and 13Q.

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(3)   

The Board must—

(a)   

lay the annual report before Parliament, and

(b)   

once it has done so, send a copy of it to the Secretary of State.

(4)   

The Secretary of State must, having considered the annual report, set

out in a letter to the Board the Secretary of State’s assessment of the

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Board’s performance of its functions in the financial year in question.

(5)   

The letter must, in particular, contain the Secretary of State’s

assessment of the matters mentioned in subsection (2)(a) to (c).

(6)   

The Secretary of State must—

(a)   

publish the letter to the Board, and

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(b)   

lay it before Parliament.

Additional powers

13V     

Establishment of pooled funds

(1)   

The Board and one or more clinical commissioning groups may

establish and maintain a pooled fund.

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(2)   

A pooled fund is a fund—

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(a)   

which is made up of contributions by the bodies which

established it, and

(b)   

out of which payments may be made, with the agreement of

those bodies, towards expenditure incurred in the discharge of

any of their commissioning functions.

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(3)   

In this section, “commissioning functions” means functions in

arranging for the provision of services as part of the health service.

13W     

Board’s power to generate income, etc.

(1)   

The Board has power to do anything specified in section 7(2) of the

Health and Medicines Act 1988 (provision of goods, services, etc.) for

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the purpose of making additional income available for improving the

health service.

(2)   

The Board may exercise a power conferred by subsection (1) only to the

extent that its exercise does not to any significant extent interfere with

the performance by the Board of its functions.

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13X     

Power to make grants etc.

(1)   

The Board may make payments by way of grant or loan to a voluntary

organisation which provides or arranges for the provision of services

which are similar to the services in respect of which the Board has

functions.

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(2)   

The payments may be made subject to such terms and conditions as the

Board considers appropriate.

13Y     

Board’s incidental powers: further provision

The power conferred on the Board by section 2 includes, in particular,

power to—

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(a)   

enter into agreements,

(b)   

acquire and dispose of property, and

(c)   

accept gifts (including property to be held on trust for the

purposes of the Board).

Exercise of functions of Board

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13Z     

Exercise of functions

(1)   

This section applies to functions exercisable by the Board under or by

virtue of this Act or any prescribed provision of any other Act.

(2)   

The Board may arrange for any such function to be exercised by or

jointly with—

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(a)   

a Special Health Authority,

(b)   

a clinical commissioning group, or

(c)   

such other body as may be prescribed.

(3)   

Regulations may provide that the power in subsection (2) does not

apply in relation to a function of a prescribed description.

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(4)   

Where any functions are (by virtue of subsection (2)) exercisable jointly

by the Board and another body, they may be exercised by a joint

committee of the Board and the other body.

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(5)   

Arrangements under this section may be on such terms and conditions

(including terms as to payment) as may be agreed between the Board

and the other party to the arrangements.

(6)   

Arrangements made under this section do not affect the liability of the

Board for the exercise of any of its functions.

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Power to confer additional functions

13Z1    

Power to confer additional functions on the Board

(1)   

Regulations may provide that the Board is to have such additional

functions in relation to the health service as may be specified in the

regulations.

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(2)   

A function may be specified in regulations under subsection (1) only if

the function is connected to another function of the Board.

Intervention powers

13Z2    

Failure by the Board to discharge any of its functions

(1)   

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

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of State considers that—

(a)   

the Board—

(i)   

is failing or has failed to discharge any of its functions,

or

(ii)   

is failing or has failed properly to discharge any of its

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functions, and

(b)   

the failure is significant.

(2)   

A direction under subsection (1) may direct the Board to discharge such

of those functions, and in such manner and within such period or

periods, as may be specified in the direction.

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(3)   

If the Board fails to comply with a direction under subsection (1), the

Secretary of State may—

(a)   

discharge the functions to which it relates, or

(b)   

make arrangements for any other person to discharge them on

the Secretary of State’s behalf.

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(4)   

Where the Secretary of State exercises a power under subsection (1) or

(3), the Secretary of State must publish the reasons for doing so.

(5)   

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.

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Disclosure of information

13Z3    

Permitted disclosures of information

(1)   

The Board may disclose information obtained by it in the exercise of its

functions if—

(a)   

the information has previously been lawfully disclosed to the

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public,

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(b)   

the disclosure is made under or pursuant to regulations under

section 113 or 114 of the Health and Social Care (Community

Health and Standards) Act 2003 (complaints about health care

or social services),

(c)   

the disclosure is made in accordance with any enactment or

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court order,

(d)   

the disclosure is necessary or expedient for the purposes of

protecting the welfare of any individual,

(e)   

the disclosure is made to any person in circumstances where it

is necessary or expedient for the person to have the information

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for the purpose of exercising functions of that person under any

enactment,

(f)   

the disclosure is made for the purpose of facilitating the exercise

of any of the Board’s functions,

(g)   

the disclosure is made in connection with the investigation of a

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criminal offence (whether or not in the United Kingdom), or

(h)   

the disclosure is made for the purpose of criminal proceedings

(whether or not in the United Kingdom).

(2)   

Paragraphs (a) to (c) and (h) of subsection (1) have effect

notwithstanding any rule of common law which would otherwise

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prohibit or restrict the disclosure.

Interpretation

13Z4    

Interpretation

(1)   

In this Chapter—

“the health service” means the health service in England;

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“health services” means services provided as part of the health

service and, in sections 13O and 13Q, also includes services that

are to be provided as part of the health service.

(2)   

Any reference (however expressed) in the following provisions of this

Act to the functions of the Board includes a reference to the functions of

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the Secretary of State that are exercisable by the Board by virtue of

arrangements under section 7A—

section 6E(7) and (10)(b),

section 13A(2),

section 13C(1),

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section 13D,

section 13E(1),

section 13F,

section 13G,

section 13H,

40

section 13I,

section 13J,

section 13K(1),

section 13L,

section 13M,

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section 13N(1) and (2),

section 13O(2),

 
 

Health and Social Care Bill
Part 1 — The health service in England

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section 13Q(1),

section 13T(1),

section 13U(1) and (4),

section 13W(2),

section 13X(1),

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section 13Z2(1),

section 13Z3(1),

section 72(1),

section 75(1)(a) and (2),

section 82,

10

section 223C(2)(a),

in Schedule A1, paragraph 13.

(3)   

Any reference (however expressed) in the following provisions of other

Acts to the functions of the Board includes a reference to the functions

of the Secretary of State that are exercisable by the Board by virtue of

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arrangements under section 7A—

sections 116 to 116B of the Local Government and Public

Involvement in Health Act 2007 (joint strategic needs

assessments etc.),

section 197(6) of the Health and Social Care Act 2012 (participation

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of the Board in work of Health and Wellbeing Boards),

section 199(4) of that Act (supply of information to Health and

Wellbeing Boards),

section 290(1) and (2) of that Act (duties to co-operate),

section 291(2)(d) of that Act (breaches of duties to co-operate).

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(4)   

The Secretary of State may by order amend the list of provisions

specified in subsection (2) or (3).”

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) after paragraph (za) insert—

“(zb)   

regulations under section 13Z1,”.

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24      

Financial arrangements for the Board

Before the cross-heading preceding section 224 of the National Health Service

Act 2006 insert—

“The Board

223B    

Funding of the Board

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(1)   

The Secretary of State must pay to the Board in respect of each financial

year sums not exceeding the amount allotted for that year by the

Secretary of State towards meeting the expenditure of the Board which

is attributable to the performance by it of its functions in that year.

(2)   

An amount is allotted to the Board for a financial year under this

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section when the Board is notified in writing by the Secretary of State

that the amount is allotted to it for that year.

(3)   

The Secretary of State may make a new allotment under this section

increasing or reducing the allotment previously so made only if—

 
 

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Part 1 — The health service in England

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(a)   

the Board agrees to the change,

(b)   

a parliamentary general election takes place, or

(c)   

the Secretary of State considers that there are exceptional

circumstances that make a new allotment necessary.

(4)   

The Secretary of State may give directions to the Board with respect to

5

the payment of sums by it to the Secretary of State in respect of charges

or other sums referable to the valuation or disposal of assets.

(5)   

Sums falling to be paid to the Board under this section are payable

subject to such conditions as to records, certificates or otherwise as the

Secretary of State may determine.

10

223C    

Financial duties of the Board: expenditure

(1)   

The Board must ensure that total health expenditure in respect of each

financial year does not exceed the aggregate of—

(a)   

the amount allotted to the Board for that year under section

223B,

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(b)   

any sums received by the Board or clinical commissioning

groups in that year under any provision of this Act (other than

sums received by the Board under section 223B or by clinical

commissioning groups under section 223G), and

(c)   

any sums received by the Board or clinical commissioning

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groups in that year otherwise than under this Act for the

purpose of enabling it or them to defray such expenditure.

(2)   

In this section, “total health expenditure”, in relation to a financial year,

means—

(a)   

expenditure which is attributable to the performance by the

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Board of its functions in that year, other than sums paid by it

under section 223G, and

(b)   

expenditure which is attributable to the performance by clinical

commissioning groups of their functions in that year.

(3)   

The Secretary of State may by directions determine whether

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expenditure by the Board or a clinical commissioning group which is of

a description specified in the directions must, or must not, be treated

for the purposes of this section as part of total health expenditure.

(4)   

The Secretary of State may by directions determine the extent to which,

and the circumstances in which, sums received by the Board or a

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clinical commissioning group under section 223B or (as the case may

be) 223G but not yet spent must be treated for the purposes of this

section as part of total health expenditure, and to which financial year’s

expenditure they must be attributed.

(5)   

The Secretary of State may by directions require the Board to use

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banking facilities specified in the directions for any purposes so

specified.

223D    

Financial duties of the Board: controls on total resource use

(1)   

In this Chapter—

“total capital resource use”, in relation to a financial year, means

45

the use of capital resources in that year by the Board and clinical

commissioning groups (taken together);

 
 

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Part 1 — The health service in England

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“total revenue resource use”, in relation to a financial year, means

the use of revenue resources in that year by the Board and

clinical commissioning groups (taken together).

(2)   

The Board must ensure that total capital resource use in a financial year

does not exceed the amount specified by the Secretary of State.

5

(3)   

The Board must ensure that total revenue resource use in a financial

year does not exceed the amount specified by the Secretary of State.

(4)   

The Secretary of State may give directions, in relation to a financial

year, specifying descriptions of resources which must, or must not, be

treated as capital resources or revenue resources for the purposes of

10

this Chapter.

(5)   

The Secretary of State may give directions, in relation to a financial

year, specifying uses of capital resources or revenue resources which

must not be taken into account for the purposes of this Chapter.

(6)   

The Secretary of State may give directions, in relation to a financial

15

year, specifying uses of capital resources or revenue resources which

must be taken into account for the purposes of this section.

(7)   

The amount specified for the purposes of subsection (2) or (3) may be

varied only if—

(a)   

the Board agrees to the change,

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(b)   

a parliamentary general election takes place, or

(c)   

the Secretary of State considers that there are exceptional

circumstances which make the variation necessary.

(8)   

Any reference in this Chapter to the use of capital resources or revenue

resources is a reference to their expenditure, consumption or reduction

25

in value.

223E    

Financial duties of the Board: additional controls on resource use

(1)   

The Secretary of State may direct the Board to ensure that total capital

resource use in a financial year which is attributable to matters

specified in the direction does not exceed an amount so specified.

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(2)   

The Secretary of State may direct the Board to ensure that total revenue

resource use in a financial year which is attributable to matters

specified in the direction does not exceed an amount so specified.

(3)   

The Secretary of State may direct the Board to ensure —

(a)   

that total revenue resource use in a financial year which is

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attributable to such prescribed matters relating to

administration as are specified in the direction does not exceed

an amount so specified;

(b)   

that the Board’s use of revenue resources in a financial year

which is attributable to such prescribed matters relating to

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administration as are specified in the direction does not exceed

an amount so specified.

(4)   

The Secretary of State may give directions, in relation to a financial

year, specifying uses of capital resources or revenue resources which

must, or must not, be taken into account for the purposes of subsection

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(1) or (as the case may be) subsection (2) or (3).

 
 

 
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