Session 2010 - 12
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Health and Social Care Bill


Health and Social Care Bill
Schedule 2 — Clinical commissioning groups

297

 

      (4)  

The Board must give any information obtained by it under sub-

paragraph (1) to the Secretary of State, in such form, and at such

time or within such period, as the Secretary of State may require.

Incidental powers

20         

The power conferred on a clinical commissioning group by section

5

2 includes, in particular, power to—

(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 clinical commissioning group).

10

Seal and evidence

21    (1)  

The application of a clinical commissioning group’s seal must be

authenticated by the signature of any person who has been

authorised (generally or specially) for that purpose.

      (2)  

Any instrument which, if executed by an individual, would not

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need to be under seal may be executed on behalf of a clinical

commissioning group by any person who has been authorised

(generally or specially) for that purpose.

      (3)  

A document purporting to be duly executed under a clinical

commissioning group’s seal or to be signed on its behalf must be

20

received in evidence and, unless the contrary is proven, taken to

be so executed or signed.

Part 3

Transfer schemes

22         

The things that may be transferred under a property transfer

25

scheme or a staff transfer scheme under section 14I include—

(a)   

property, rights and liabilities that could not otherwise be

transferred;

(b)   

property acquired, and rights and liabilities arising, after

the making of the scheme;

30

(c)   

criminal liabilities.

23         

A property transfer scheme or a staff transfer scheme may make

supplementary, incidental, transitional and consequential

provision and may in particular—

(a)   

create rights, or impose liabilities, in relation to property or

35

rights transferred;

(b)   

make provision about the continuing effect of things done

by the transferor in respect of anything transferred;

(c)   

make provision about the continuation of things

(including legal proceedings) in the process of being done

40

by, on behalf of or in relation to the transferor in respect of

anything transferred;

 
 

Health and Social Care Bill
Schedule 3 — Pharmaceutical remuneration

298

 

(d)   

make provision for references to the transferor in an

instrument or other document in respect of anything

transferred to be treated as references to the transferee.

24         

A property transfer scheme may make provision for the shared

ownership or use of property.

5

25         

A staff transfer scheme may make provision which is the same or

similar to the Transfer of Undertakings (Protection of

Employment) Regulations 2006 (SI 2006/246).

26         

A property transfer scheme or a staff transfer scheme may

provide—

10

(a)   

for the scheme to be modified by agreement after it comes

into effect, and

(b)   

for any such modifications to have effect from the date

when the original scheme comes into effect.”

Schedule 3

15

Section 51

 

Pharmaceutical remuneration

“Schedule 12A

Section 165A

 

Pharmaceutical remuneration

Interpretation

1          

In this Schedule—

20

(a)   

“drugs” includes medicines and listed appliances (within

the meaning of section 126), and

(b)   

“pharmaceutical remuneration” means remuneration paid

by the Board to persons providing pharmaceutical services

or local pharmaceutical services.

25

Pharmaceutical remuneration to be apportioned among clinical commissioning groups

2     (1)  

The Board must determine the elements of pharmaceutical

remuneration in respect of which apportionments are to be made

in relation to a financial year in accordance with this paragraph.

      (2)  

In this Schedule, those elements of pharmaceutical remuneration

30

are referred to as “designated elements”.

      (3)  

The Board must notify each clinical commissioning group of a

determination under sub-paragraph (1).

      (4)  

The Board must apportion the sums paid by it in respect of each

designated element during the financial year among all clinical

35

commissioning groups, in such manner as the Board thinks

appropriate.

      (5)  

In apportioning sums under sub-paragraph (4), the Board may, in

particular, take into account the financial consequences of orders

 
 

Health and Social Care Bill
Schedule 3 — Pharmaceutical remuneration

299

 

for the provision of drugs that are attributable to the members of

each clinical commissioning group.

      (6)  

Where an amount of pharmaceutical remuneration is apportioned

to a clinical commissioning group, the Board—

(a)   

may deduct that amount from the sums that it would

5

otherwise pay to the group under section 223G(1), and

(b)   

if it does so, must notify the group accordingly.

      (7)  

The Secretary of State may direct the Board that an element of

pharmaceutical remuneration specified in the direction is not to be

included in a determination under sub-paragraph (1).

10

      (8)  

In determining the amount to be allotted to a clinical

commissioning group for the purposes of section 223G, the Board

must take into account the effect of this Schedule.

      (9)  

For the purposes of sections 223H and 223I(3) and paragraph 17 of

Schedule 1A, any amount of which a clinical commissioning

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group is notified under sub-paragraph (6) is to be treated as

expenditure of the group which is attributable to the performance

by it of its functions in the year in question.

Other pharmaceutical remuneration

3     (1)  

This paragraph applies in relation to pharmaceutical

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remuneration paid in a financial year other than—

(a)   

designated elements of such remuneration, and

(b)   

remuneration of a prescribed description.

      (2)  

The Board may require a person to reimburse the Board for any

pharmaceutical remuneration to which this paragraph applies if

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the drugs or services to which the remuneration relates were—

(a)   

ordered by that person, or

(b)   

ordered in the course of the delivery of a service arranged

by that person.

      (3)  

Any sum payable to the Board by virtue of sub-paragraph (2) may

30

be recovered summarily as a civil debt (but this does not affect any

other method of recovery).

Exercise of functions

4          

The Board may, with the consent of the Secretary of State—

(a)   

direct a Special Health Authority to exercise any functions

35

of the Board under this Schedule, or

(b)   

arrange for any other person to exercise any of those

functions.”

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England

300

 

Schedule 4

Section 55(1)

 

Amendments of the National Health Service Act 2006

Part 1

The health service in England

1     (1)  

For section 2 substitute—

5

“2      

General power

The Secretary of State, the Board or a clinical commissioning group

may do anything which is calculated to facilitate, or is conducive or

incidental to, the discharge of any function conferred on that person

by this Act.”

10

      (2)  

For the cross-heading preceding section 2 substitute “General power”.

2     (1)  

Section 6 (performance of functions outside England) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

Where the Secretary of State has a duty or power to provide anything

under section 2A or 2B or Schedule 1, that thing may be provided

15

outside England.”

      (3)  

After subsection (1) insert—

“(1A)   

Where a clinical commissioning group or the Board has a duty or

power to arrange for the provision of anything under section 3, 3A,

3B or 4 or Schedule 1, it may arrange for that thing to be provided

20

outside England.”

      (4)  

In subsection (2) for “The Secretary of State’s functions” substitute “The

functions of the Secretary of State, the Board and clinical commissioning

groups”.

3     (1)  

Section 6A (reimbursement of cost of services provided in another EEA

25

state) is amended as follows.

      (2)  

In subsection (3)(b) after “Secretary of State” insert “, the Board”.

      (3)  

In subsection (7) after “Secretary of State” insert “, the Board”.

      (4)  

In subsection (8) in each of paragraphs (a) and (b)—

(a)   

after “Secretary of State” insert “, the Board”, and

30

(b)   

for “either of them” substitute “any of them”.

      (5)  

In subsection (9), after “Secretary of State” (in the second place it occurs)

insert “, the Board”.

      (6)  

In subsection (11), in the definition of “responsible authority”—

(a)   

omit “Strategic Health Authority or”,

35

(b)   

omit “Primary Care Trust”,

(c)   

before “responsible under” insert “a local authority or clinical

commissioning group”, and

(d)   

for “securing” substitute “arranging for”.

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England

301

 

4     (1)  

Section 6B (prior authorisation for the purposes of section 6A) is amended as

follows.

      (2)  

In subsection (2)(b) after “Secretary of State” insert “, the Board”.

      (3)  

In subsection (5), in each of paragraphs (b) and (c) after “the Secretary of

State” insert “, the Board”.

5

5     (1)  

In section 8 (Secretary of State’s directions to health service bodies), in

subsection (2)—

(a)   

omit paragraph (a), and

(b)   

omit paragraph (b).

      (2)  

In the heading to that section after “to” insert “certain”.

10

      (3)  

Before section 8 insert the following cross-heading “Directions to certain

NHS bodies”.

6     (1)  

Section 9 (NHS contracts) is amended as follows.

      (2)  

In subsection (4)—

(a)   

before paragraph (a) insert—

15

“(za)   

the Board,

(zb)   

a clinical commissioning group,”,

(b)   

omit paragraph (a), and

(c)   

omit paragraph (b).

7          

In section 11 (arrangements to be treated as NHS contracts), in subsection

20

(1)—

(a)   

after “under which” insert “the Board,”,

(b)   

omit “a Strategic Health Authority,” and

(c)   

omit “a Primary Care Trust”.

8     (1)  

Section 12 (arrangements with other bodies) is amended as follows.

25

      (2)  

In subsection (1) for “any service under this Act” substitute “anything which

the Secretary of State has a duty or power to provide, or arrange for the

provision of, under section 2A or 2B or Schedule 1”.

      (3)  

For subsection (2) substitute—

“(2)   

The bodies with whom arrangements may be made under subsection

30

(1) include—

(a)   

the Board,

(b)   

clinical commissioning groups,

(c)   

any other public authorities, and

(d)   

voluntary organisations.”

35

      (4)  

For subsection (3) substitute—

“(3)   

The Secretary of State may make available any facilities provided by

the Secretary of State under section 2A or 2B or Schedule 1 to any

service provider or to any eligible voluntary organisation.

(3A)   

In subsection (3)—

40

“eligible voluntary organisation” means a voluntary

organisation eligible for assistance under section 64 or section

65 of the Health Services and Public Health Act 1968;

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England

302

 

“service provider” means a person or body with whom the

Secretary of State has made an arrangement under subsection

(1).”

      (5)  

In subsection (4)—

(a)   

after paragraph (a) insert—

5

“(aa)   

the Board,

(ab)   

a clinical commissioning group,

(ac)   

a local authority,”,

(b)   

omit paragraph (b), and

(c)   

omit paragraph (c).

10

      (6)  

After subsection (4) insert—

“(4A)   

In subsection (4), “local authority” has the same meaning as in

section 2B.”

      (7)  

For the cross-heading preceding section 12 substitute “Arrangements with

other bodies”.

15

9          

After section 12 insert—

“12ZA   

Commissioning arrangements by the Board or clinical commissioning

groups

(1)   

This section applies in relation to arrangements made by the Board

or a clinical commissioning group in the exercise of functions under

20

section 3, 3A, 3B or 4 or Schedule 1.

(2)   

The arrangements may be made with any person or body (including

public authorities and voluntary organisations).

(3)   

If the Board or a clinical commissioning group arranges for the

provision of facilities by a service provider, it may also make

25

arrangements for those facilities to be made available to another

service provider or to an eligible voluntary organisation.

(4)   

The Board or a clinical commissioning group may make available

any of its facilities to—

(a)   

a service provider, or

30

(b)   

an eligible voluntary organisation.

(5)   

Where facilities are made available under subsection (4) any of the

following persons may make available the services of any employee

of that person who is employed in connection with the facilities—

(a)   

the Secretary of State,

35

(b)   

the Board,

(c)   

a clinical commissioning group,

(d)   

a Special Health Authority, or

(e)   

a Local Health Board.

(6)   

Goods or materials may be made available under this section either

40

temporarily or permanently.

(7)   

Any power to supply goods or materials under this section

includes—

(a)   

a power to purchase or store them, and

 
 

Health and Social Care Bill
Schedule 4 — Amendments of the National Health Service Act 2006
Part 1 — The health service in England

303

 

(b)   

a power to arrange with third parties for the supply of goods

or materials by those third parties.

(8)   

Powers under this section may be exercised on such terms as may be

agreed, including terms as to the making of payments.

(9)   

In this section—

5

“eligible voluntary organisation” means a voluntary

organisation eligible for assistance under section 64 or section

65 of the Health Services and Public Health Act 1968;

“service provider” means a person or body with whom the

Board or a clinical commissioning group has made

10

arrangements in the exercise of the functions mentioned in

subsection (1).”

10    (1)  

Section 12A (direct payments for health care) is amended as follows.

      (2)  

In subsection (1) after “The Secretary of State” insert “, the Board, a clinical

commissioning group or a local authority”.

15

      (3)  

In subsection (2)—

(a)   

for paragraph (a) substitute—

“(a)   

anything that the Secretary of State or a local

authority has a duty or power to provide or arrange

under section 2A or 2B or Schedule 1;”,

20

(b)   

after that paragraph insert—

“(aa)   

anything that the Board or a clinical commissioning

group may or must arrange for the provision of under

this Act or any other enactment.”, and

(c)   

omit paragraphs (b) and (c).

25

      (4)  

Omit subsection (4).

      (5)  

In subsection (5), omit “or under regulations under subsection (4)”.

      (6)  

After subsection (6) insert—

“(7)   

In this section and sections 12B to 12D, “local authority” has the same

meaning as in section 2B.”

30

11    (1)  

Section 12B (regulations about direct payments) is amended as follows.

      (2)  

In subsection (2), in each of paragraphs (d), (g), (h) and (j), for “or the

Primary Care Trust” substitute “, the Board, a clinical commissioning group

or a local authority”.

      (3)  

In subsection (4) —

35

(a)   

for “or the Primary Care Trust”, in the first place it occurs, substitute

“, the Board, a clinical commissioning group or a local authority”,

and

(b)   

for “or the Primary Care Trust”, in the second place it occurs,

substitute “the Board, a clinical commissioning group or a local

40

authority (as the case may be)”.

      (4)  

In subsection (5)—

(a)   

in paragraph (a), after “the Secretary of State” insert “or a local

authority or as arranged for by the Board or a clinical commissioning

group (as the case may be)”, and

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