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

34

 

14H     

Dissolution

(1)   

A clinical commissioning group may apply to the Board for the group

to be dissolved.

(2)   

Regulations may make provision—

(a)   

as to the circumstances in which the Board must or may grant,

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or must or may refuse, applications under this section;

(b)   

as to factors which the Board must or may take into account in

determining whether to grant such applications;

(c)   

as to the procedure for the making and determination of such

applications.

10

Supplemental provision about applications, variation, mergers etc.

14I     

Transfers in connection with variation, merger, dissolution etc.

(1)   

The Board may make a property transfer scheme or a staff transfer

scheme in connection with—

(a)   

the variation of the constitution of a clinical commissioning

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group under section 14E or 14F, or

(b)   

the dissolution of a clinical commissioning group under section

14G or 14H.

(2)   

A property transfer scheme is a scheme for the transfer from the clinical

commissioning group of any property, rights or liabilities, other than

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rights or liabilities under or in connection with a contract of

employment, to the Board or another clinical commissioning group.

(3)   

A staff transfer scheme is a scheme for the transfer from the clinical

commissioning group of any rights or liabilities under or in connection

with a contract of employment to the Board or another clinical

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commissioning group.

(4)   

Part 3 of Schedule 1A makes further provision about property transfer

schemes and staff transfer schemes.

14J     

Publication of constitution of clinical commissioning groups

(1)   

A clinical commissioning group must publish its constitution.

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(2)   

If the constitution of a clinical commissioning group is varied under

section 14E or 14F, the group must publish the constitution as so varied.

14K     

Guidance about the establishment of clinical commissioning groups

etc.

The Board may publish guidance as to—

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(a)   

the making of applications under section 14B for the

establishment of a clinical commissioning group, including

guidance on the form, content or publication of the proposed

constitution;

(b)   

the making of applications under section 14E, 14G or 14H;

40

(c)   

the publication of the constitutions of clinical commissioning

groups under section 14J.

 
 

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

35

 

Governing bodies of clinical commissioning groups

14L     

Governing bodies of clinical commissioning groups

(1)   

A clinical commissioning group must have a governing body.

(2)   

The main function of the governing body is to ensure that the group has

made appropriate arrangements for ensuring that it complies with—

5

(a)   

its obligations under section 14Q, and

(b)   

such generally accepted principles of good governance as are

relevant to it.

(3)   

The governing body also has—

(a)   

the function of determining the remuneration, fees and

10

allowances payable to the employees of the clinical

commissioning group or to other persons providing services to

it,

(b)   

the function of determining the allowances payable under a

pension scheme established under paragraph 11(4) of Schedule

15

1A, and

(c)   

such other functions connected with the exercise of its main

function as may be specified in the group’s constitution or by

regulations.

(4)   

Only the following may be members of the governing body—

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(a)   

a member of the group who is an individual;

(b)   

an individual appointed by virtue of regulations under section

14N(2);

(c)   

an individual of a description specified in the constitution of the

group.

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(5)   

Regulations may make provision requiring a clinical commissioning

group to obtain the approval of its governing body before exercising

any functions specified in the regulations.

(6)   

Regulations may make provision requiring governing bodies of clinical

commissioning groups to publish, in accordance with the regulations,

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prescribed information relating to determinations made under

subsection (3)(a) or (b).

(7)   

The Board may publish guidance for governing bodies on the exercise

of their functions under subsection (3)(a) or (b).

14M     

Audit and remuneration committees of governing bodies

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(1)   

The governing body of a clinical commissioning group must have an

audit committee and a remuneration committee.

(2)   

The audit committee has—

(a)   

such functions in relation to the financial duties of the clinical

commissioning group as the governing body considers

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appropriate for the purpose of assisting it in discharging its

function under section 14L(2), and

(b)   

such other functions connected with the governing body’s

function under section 14L(2) as may be specified in the group’s

constitution or by regulations.

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

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(3)   

The remuneration committee has—

(a)   

the function of making recommendations to the governing

body as to the discharge of its functions under section 14L(3)(a)

and (b), and

(b)   

such other functions connected with the governing body’s

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function under section 14L(2) as may be specified in the group’s

constitution or by regulations.

14N     

Regulations as to governing bodies of clinical commissioning groups

(1)   

Regulations may make provision specifying the minimum number of

members of governing bodies of clinical commissioning groups.

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(2)   

Regulations may—

(a)   

provide that the members of governing bodies must include the

accountable officer of the clinical commissioning group;

(b)   

provide that the members of governing bodies, or their audit or

remuneration committees, must include—

15

(i)   

individuals who are health care professionals of a

prescribed description;

(ii)   

individuals who are lay persons;

(iii)   

individuals of any other description which is

prescribed;

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(c)   

in relation to any description of individuals mentioned in

regulations by virtue of paragraph (b), specify—

(i)   

the minimum number of individuals of that description

who must be appointed;

(ii)   

the maximum number of such individuals who may be

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appointed;

(d)   

provide that the descriptions specified for the purposes of

section 14L(4)(c) may not include prescribed descriptions.

(3)   

Regulations may make provision as to—

(a)   

qualification and disqualification for membership of governing

30

bodies or their audit or remuneration committees;

(b)   

how members are to be appointed;

(c)   

the tenure of members (including the circumstances in which a

member ceases to hold office or may be removed or suspended

from office);

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(d)   

eligibility for re-appointment.

(4)   

Regulations may make provision for the appointment of chairs and

deputy chairs of governing bodies or their audit or remuneration

committees, including provision as to—

(a)   

qualification and disqualification for appointment;

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(b)   

tenure of office (including the circumstances in which the chair

or deputy chair ceases to hold office or may be removed or

suspended from office);

(c)   

eligibility for re-appointment.

(5)   

Regulations may—

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(a)   

make provision as to the matters which must be included in the

constitutions of clinical commissioning groups under

paragraph 8 of Schedule 1A;

 
 

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

37

 

(b)   

make such other provision about the procedure of governing

bodies or their audit or remuneration committees as the

Secretary of State considers appropriate, including provision

about the frequency of meetings.

(6)   

In this section—

5

“health care professional” means an individual who is a member

of a profession regulated by a body mentioned in section 25(3)

of the National Health Service Reform and Health Care

Professions Act 2002;

“lay person” means an individual who is not—

10

(a)   

a member of the clinical commissioning group,

(b)   

a health care professional, or

(c)   

an individual of a prescribed description.

14O     

Registers of interests and management of conflicts of interest

(1)   

Each clinical commissioning group must maintain one or more

15

registers of the interests of—

(a)   

the members of the group,

(b)   

the members of its governing body,

(c)   

the members of its committees or sub-committees or of

committees or sub-committees of its governing body, and

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(d)   

its employees.

(2)   

Each clinical commissioning group must publish the registers

maintained under subsection (1) or make arrangements to ensure that

members of the public have access to the registers on request.

(3)   

Each clinical commissioning group must make arrangements to

25

ensure—

(a)   

that a person mentioned in subsection (1) declares any conflict

or potential conflict of interest that the person has in relation to

a decision to be made in the exercise of the commissioning

functions of the group,

30

(b)   

that any such declaration is made as soon as practicable after the

person becomes aware of the conflict or potential conflict and,

in any event, within 28 days, and

(c)   

that any such declaration is included in the registers maintained

under subsection (1).

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(4)   

Each clinical commissioning group must make arrangements for

managing conflicts and potential conflicts of interest in such a way as

to ensure that they do not, and do not appear to, affect the integrity of

the group’s decision-making processes.

(5)   

The Board must publish guidance for clinical commissioning groups on

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the discharge of their functions under this section.

(6)   

Each clinical commissioning group must have regard to guidance

published under subsection (5).

(7)   

For the purposes of this section, the commissioning functions of a

clinical commissioning group are the functions of the group in

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

 
 

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

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(2)   

After Schedule 1 to the National Health Service Act 2006 insert the Schedule set

out in Schedule 2 to this Act.

26      

Clinical commissioning groups: general duties etc.

After section 14O of the National Health Service Act 2006 insert—

“General duties of clinical commissioning groups

5

14P     

Duty to promote NHS Constitution

(1)   

Each clinical commissioning group must, in the exercise of its

functions—

(a)   

act with a view to securing that health services are provided in

a way which promotes the NHS Constitution, and

10

(b)   

promote awareness of the NHS Constitution among patients,

staff and members of the public.

(2)   

In this section, “patients” and “staff” have the same meanings as in

Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).

14Q     

Duty as to effectiveness, efficiency etc.

15

Each clinical commissioning group must exercise its functions

effectively, efficiently and economically.

14R     

Duty as to improvement in quality of services

(1)   

Each clinical commissioning group must exercise its functions with a

view to securing continuous improvement in the quality of services

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provided to individuals for or in connection with the prevention,

diagnosis or treatment of illness.

(2)   

In discharging its duty under subsection (1), a clinical commissioning

group must, in particular, act with a view to securing continuous

improvement in the outcomes that are achieved from the provision of

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the services.

(3)   

The outcomes relevant for the purposes of subsection (2) include, in

particular, outcomes which show—

(a)   

the effectiveness of the services,

(b)   

the safety of the services, and

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(c)   

the quality of the experience undergone by patients.

(4)   

In discharging its duty under subsection (1), a clinical commissioning

group must have regard to any guidance published under section 14Z8.

14S     

Duty in relation to quality of primary medical services

Each clinical commissioning group must assist and support the Board

35

in discharging its duty under section 13E so far as relating to securing

continuous improvement in the quality of primary medical services.

14T     

Duties as to reducing inequalities

Each clinical commissioning group must, in the exercise of its

functions, have regard to the need to—

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

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(a)   

reduce inequalities between patients with respect to their ability

to access health services, and

(b)   

reduce inequalities between patients with respect to the

outcomes achieved for them by the provision of health services.

14U     

 Duty to promote involvement of each patient

5

(1)   

Each clinical commissioning group must, in the exercise of its

functions, promote the involvement of patients, and their carers and

representatives (if any), in decisions which relate to—

(a)   

the prevention or diagnosis of illness in the patients, or

(b)   

their care or treatment.

10

(2)   

The Board must publish guidance for clinical commissioning groups on

the discharge of their duties under this section.

(3)   

A clinical commissioning group must have regard to any guidance

published by the Board under subsection (2).

14V     

Duty as to patient choice

15

Each clinical commissioning group must, in the exercise of its

functions, act with a view to enabling patients to make choices with

respect to aspects of health services provided to them.

14W     

Duty to obtain appropriate advice

(1)   

Each clinical commissioning group must obtain advice appropriate for

20

enabling it effectively to discharge its functions from persons who

(taken together) have a broad range of professional expertise in—

(a)   

the prevention, diagnosis or treatment of illness, and

(b)   

the protection or improvement of public health.

(2)   

The Board may publish guidance for clinical commissioning groups on

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the discharge of their duties under subsection (1).

(3)   

A clinical commissioning group must have regard to any guidance

published by the Board under subsection (2).

14X     

Duty to promote innovation

Each clinical commissioning group must, in the exercise of its

30

functions, promote innovation in the provision of health services

(including innovation in the arrangements made for their provision).

14Y     

Duty in respect of research

Each clinical commissioning group must, in the exercise of its

functions, promote—

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(a)   

research on matters relevant to the health service, and

(b)   

the use in the health service of evidence obtained from research.

14Z     

Duty as to promoting education and training

Each clinical commissioning group must, in exercising its functions,

have regard to the need to promote education and training for the

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persons mentioned in section 1F(1) so as to assist the Secretary of State

in the discharge of the duty under that section.

 
 

 
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Revised 15 March 2012