Health and Social Care Bill

Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
262

275
Interpretation of this Chapter
In this Chapter—
“adult social care” has the meaning given by section 253(3);
“the Board” means the National Health Service Commissioning Board;
“devolved authority” means—
5
(a)
the Scottish Ministers;
(b)
the Welsh Ministers; and
(c)
a Northern Ireland Minister;
“health care” has the meaning given by section 255(10);
“health or social care body” has the meaning given by section 259(11);
10
“the health service” has the same meaning as in the National Health
Service Act 2006 (see section 275(1) of that Act);
“health services” has the meaning given by section 253(3);
“mandatory request” has the meaning given by section 255(4);
“Northern Ireland Minister” includes the First Minister, the deputy First
15
Minister and a Northern Ireland Department;
“public body” means a body or other person whose functions—
(a)
are of a public nature, or
(b)
include functions of that nature,
but in the latter case, the body or person is a public body to the extent
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only of those functions;
“relevant person” has the meaning given by section 260(7).
276
Dissolution of predecessor body
The Special Health Authority known as the Health and Social Care Information
Centre is abolished.
25
277
Consequential provision
Schedule 19 (which contains consequential provision) has effect.
Part 10
Abolition of certain public bodies etc
278
The Alcohol Education and Research Council
30
(1)
The Alcohol Education and Research Council is abolished.
(2)
The Licensing (Alcohol Education and Research) Act 1981 is repealed.
(3)
Part 1 of Schedule 20 (which contains consequential amendments and savings)
has effect.
279
The Appointments Commission
35
(1)
The Appointments Commission is abolished.
(2)
Part 5 of the Health Act 2006 (which established the Commission) is repealed.

Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
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(3)
Part 2 of Schedule 20 (which contains consequential amendments and savings)
has effect.
280
The National Information Governance Board for Health and Social Care
(1)
The National Information Governance Board for Health and Social Care is
abolished.
5
(2)
Omit sections 250A to 250D of the National Health Service Act 2006 (which
established the Board).
(3)
After section 20 of the Health and Social Care Act 2008 insert—
“20A
Functions relating to processing of information by registered persons
(1)
The Commission has the following functions in relation to the
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processing of relevant information—
(a)
to monitor the practice followed by registered persons in
relation to such processing, and
(b)
to keep the National Health Service Commissioning Board and
Monitor informed about the practice being followed by
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registered persons in relation to such processing.
(2)
The Commission must, in exercising those functions, seek to improve
the practice followed by registered persons in relation to the processing
of relevant information.
(3)
In this section “relevant information” means—
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(a)
patient information,
(b)
any other information obtained or generated in the course of the
provision of the health service continued under section 1 of the
National Health Service Act 2006,
(c)
any other information obtained or generated in the course of the
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exercise by an English local authority of its adult social services
functions, and
(d)
any other information obtained or generated in the course of the
carrying on by an English local authority of adult placement
schemes in connection with which arrangements are made for
30
the provision of personal care.
(4)
In subsection (3) “patient information” means—
(a)
information (however recorded) which relates to the physical or
mental health or condition of an individual (“P”), to the
diagnosis of P’s condition or to P’s care or treatment, and
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(b)
information (however recorded) which is to any extent derived,
directly or indirectly, from that information,

whether or not the identity of the individual in question is ascertainable
from the information.
(5)
In this section—
40
“adult placement scheme” and “personal care” each have such
meaning as they have from time to time in regulations under
section 20;
“processing”, in relation to information, has the same meaning as
in the Data Protection Act 1998;
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Health and Social Care Bill
Part 10 — Abolition of certain public bodies etc
264

“registered person” means a person registered under this Chapter
as a manager or service provider in respect of a regulated
activity.”
(4)
In section 80(3) of that Act (persons Commission must consult before
publishing code of practice on confidential personal information), for
5
paragraph (a) substitute—
“(a)
the National Health Service Commissioning Board,”.
(5)
In section 252 of the National Health Service Act 2006 (consultation before
making regulations on control of patient information), in subsection (1), for
“the National Information Governance Board for Health and Social Care”
10
substitute “the Care Quality Commission”; and in consequence of that—
(a)
for the title to that section substitute “Consultation with the Care
Quality Commission”, and
(b)
in section 271(3)(g) of that Act—
(i)
for “sections” substitute “section”, and
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(ii)
omit “and 252 (consultation with National Information
Governance Board)”.
(6)
The Care Quality Commission must exercise its power under paragraph 6(3) of
Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee,
to be known as “the National Information Governance Committee”, until 31
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March 2015.
(7)
The purpose of the committee is to provide the Care Quality Commission with
advice on and assistance with the exercise of its functions relating to the
processing of relevant information within the meaning of section 20A of the
Health and Social Care Act 2008.
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(8)
Part 3 of Schedule 20 (which contains consequential amendments and savings)
has effect.
281
The National Patient Safety Agency
(1)
The National Patient Safety Agency is abolished.
(2)
The National Patient Safety Agency (Establishment and Constitution) Order
30
2001 (S.I. 2001/1743) is revoked.
(3)
In section 13 of the NHS Redress Act 2006 (scheme authority’s duties of co-
operation), omit subsection (2).
282
The NHS Institute for Innovation and Improvement
(1)
The NHS Institute for Innovation and Improvement is abolished.
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(2)
The NHS Institute for Innovation and Improvement (Establishment and
Constitution) Order 2005 (S.I. 2005/1446) is revoked.
283
Standing advisory committees
(1)
Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006
(Secretary of State’s standing advisory committees).
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(2)
In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the
Health Act 2009, omit paragraph 13.

Health and Social Care Bill
Part 11 — Miscellaneous
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(3)
The repeal of section 250 of the National Health Service Act 2006 does not affect
the continuing effect of the National Health Service (Standing Advisory
Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee
on Vaccination and Immunisation) made under that section.
Part 11
5
Miscellaneous
Information relating to births and deaths etc.
284
Special notices of births and deaths
(1)
Section 269 of the National Health Service Act 2006 (special notices of births
and deaths) is amended as follows.
10
(2)
For subsection (2) substitute—
“(2)
Each registrar of births and deaths must furnish to such relevant body
or bodies as may be determined in accordance with regulations the
particulars of such births or deaths entered in a register of births or
deaths kept for the registrar’s sub-district as may be prescribed.”
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(3)
In subsection (4) for “the Primary Care Trust for the area in which the birth
takes place” substitute “such relevant body or bodies as may be determined in
accordance with regulations”.
(4)
In subsection (6)—
(a)
after “under subsection (4)” insert “to a relevant body”, and
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(b)
for “the Primary Care Trust” (in each place where it occurs) substitute
“the body”.
(5)
In subsection (7)—
(a)
for “A Primary Care Trust” substitute “A relevant body to whom notice
is required to be given under subsection (4)”, and
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(b)
for “any medical practitioner or midwife residing or practising within
its area” substitute “such descriptions of medical practitioners or
midwives as may be prescribed”.
(6)
In subsection (9) for “the Primary Care Trust concerned” substitute “the
relevant body or bodies to whom the failure relates”.
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(7)
In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a
relevant body”.
(8)
After subsection (10) insert—
“(11)
For the purposes of this section, the following are relevant bodies—
(a)
the National Health Service Commissioning Board,
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(b)
clinical commissioning groups,
(c)
local authorities.
(12)
Information received by a local authority by virtue of this section may
be used by it only for the purposes of functions exercisable by it in
relation to the health service.
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(13)
In this section, “local authority” has the same meaning as in section 2B.”

Health and Social Care Bill
Part 11 — Miscellaneous
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(9)
Until the commencement of section 34, section 269(11) of the National Health
Service Act 2006 has effect as if Primary Care Trusts were included in the list
of bodies that are relevant bodies for the purposes of that section.
285
Provision of information by Registrar General
(1)
Section 270 of the National Health Service Act 2006 (provision of information
5
by Registrar General) is amended as follows.
(2)
In subsection (1) —
(a)
for “the Secretary of State” substitute “any of the following persons”,
and
(b)
at the end insert “—
10
(a)
the Secretary of State,
(b)
the Board,
(c)
a clinical commissioning group,
(d)
a local authority,
(e)
the National Institute for Health and Care Excellence,
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(f)
the Health and Social Care Information Centre,
(g)
a Special Health Authority which has functions that are
exercisable in relation to England,
(h)
the Care Quality Commission, and
(i)
such other persons as the Secretary of State may specify
20
in a direction.”
(3)
In subsection (2) —
(a)
for “the Secretary of State” substitute “the person to whom the
information is provided”, and
(b)
for “his functions” substitute “functions exercisable by the person”.
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(4)
After subsection (4) insert—
“(5)
In this section, “local authority” has the same meaning as in section 2B.”
286
Provision of information by Registrar General: Wales
(1)
Section 201 of the National Health Service (Wales) Act 2006 (provision of
information by Registrar General) is amended as follows.
30
(2)
In subsection (1) —
(a)
for “the Welsh Ministers” substitute “any of the following persons”,
and
(b)
at the end insert “—
(a)
the Welsh Ministers,
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(b)
a Special Health Authority which has functions that are
exercisable in relation to Wales,
(c)
a Local Health Board,
(d)
an NHS trust established under section 18, and
(e)
such other persons as the Welsh Ministers may specify
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in a direction.”
(3)
In subsection (2) —

Health and Social Care Bill
Part 11 — Miscellaneous
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(a)
for “the Welsh Ministers” substitute “the person to whom the
information is provided”, and
(b)
for “their functions” substitute “functions exercisable by the person”.
287
Provision of statistical information by Statistics Board
(1)
Section 42 of the Statistics and Registration Service Act 2007 (information
5
relating to births and deaths etc) is amended as follows.
(2)
For subsection (4) substitute—
“(4)
The Board may disclose to a person mentioned in subsection (4A) any
information referred to in subsection (2)(a) to (c) which is received by
the Board under this section, or any information which is produced by
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the Board by analysing any such information, if—
(a)
the information consists of statistics and is disclosed for the
purpose of assisting the person in the performance of functions
exercisable by it in relation to the health service, or
(b)
the information is disclosed for the purpose of assisting the
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person to produce or to analyse statistics for the purpose of
assisting the person, or any other person mentioned in
subsection (4A), in the performance of functions exercisable by
it in relation to the health service.
(4A)
Those persons are—
20
(a)
the Secretary of State,
(b)
the Welsh Ministers,
(c)
the National Health Service Commissioning Board,
(d)
a clinical commissioning group,
(e)
a local authority,
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(f)
a Local Health Board,
(g)
an NHS trust established under section 18 of the National
Health Service (Wales) Act 2006,
(h)
the National Institute for Health and Care Excellence,
(i)
the Health and Social Care Information Centre,
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(j)
a Special Health Authority,
(k)
the Care Quality Commission, and
(l)
such other persons as the appropriate authority may specify in
a direction given for the purposes of this section.
(4B)
For the purposes of subsection (4A)(l), the appropriate authority is—
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(a)
in relation to a direction to be given for purposes relating only
to Wales, the Welsh Ministers, and
(b)
in any other case, the Secretary of State.”
(3)
After subsection (5) insert—
“(5A)
A direction under subsection (4A)(l) must be given by an instrument in
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writing.
(5B)
Sections 272(7) and 273(1) of the National Health Service Act 2006 apply
in relation to the power of the Secretary of State to give a direction
under subsection (4A)(l) as they apply in relation to powers to give a
direction under that Act.
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Health and Social Care Bill
Part 11 — Miscellaneous
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(5C)
Sections 203(9) and 204(1) of the National Health Service (Wales) Act
2006 apply in relation to the power of the Welsh Ministers to give a
direction under subsection (4A)(l) as they apply in relation to powers to
give a direction under that Act.”
(4)
After subsection (6) insert—
5
“(7)
In subsection (4A)—
“clinical commissioning group” and “Special Health Authority”
have the same meaning as in the National Health Service Act
2006;
“local authority” has the same meaning as in section 2B of that Act
10
of 2006.”
Duties to co-operate
288
Monitor: duty to co-operate with Care Quality Commission
(1)
Monitor must co-operate with the Care Quality Commission in the exercise of
their respective functions.
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(2)
In particular Monitor must—
(a)
give the Commission any information Monitor has about the provision
of health care services which Monitor or the Commission considers
would assist the Commission in the exercise of its functions,
(b)
make arrangements with the Commission to ensure that—
20
(i)
a person applying both for a licence under Chapter 3 of Part 3
and to be registered under the Health and Social Care Act 2008
may do so by way of a single application form,
(ii)
such a person is granted a licence under that Chapter and
registration under that Act by way of a single document, and
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(c)
seek to secure that the conditions included in a licence under that
Chapter in a case within paragraph (b) are consistent with any
conditions on the person’s registration under that Act.
(3)
Without prejudice to subsection (2)(a) Monitor must, on request, provide the
Commission with any material relevant to the exercise of Monitor’s functions
30
pursuant to section 73(2), so far as the material relates to the provision of health
care services.
(4)
In subsection (2), references to registration under the Health and Social Care
Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
289
Care Quality Commission: duty to co-operate with Monitor
35
(1)
Section 70 of the Health and Social Care Act 2008 (co-operation between the
Commission and the Independent Regulator of NHS foundation trusts) is
amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Commission must co-operate with Monitor in the exercise of their
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respective functions.”