Session 2010 - 12
Internet Publications
Other Bills before Parliament

Health and Social Care Bill


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

47

 

Performance assessment of clinical commissioning groups

14Z16   

 Performance assessment of clinical commissioning groups

(1)   

The Board must conduct a performance assessment of each clinical

commissioning group in respect of each financial year.

(2)   

A performance assessment is an assessment of how well the clinical

5

commissioning group has discharged its functions during that year.

(3)   

The assessment must, in particular, include an assessment of how well

the group has discharged its duties under—

(a)   

sections 14R, 14W and 14Z2,

(b)   

sections 223H to 223J, and

10

(c)   

section 116B(1) of the Local Government and Public

Involvement in Health Act 2007 (duty to have regard to

assessments and strategies).

(4)   

In conducting a performance assessment, the Board must consult each

relevant Health and Wellbeing Board as to its views on the clinical

15

commissioning group’s contribution to the delivery of any joint health

and wellbeing strategy to which the group was required to have regard

under section 116B(1)(b) of that Act of 2007.

(5)   

The Board must, in particular, have regard to—

(a)   

any document published by the Secretary of State for the

20

purposes of this section, and

(b)   

any guidance published under section 14Z8.

(6)   

The Board must publish a report in respect of each financial year

containing a summary of the results of each performance assessment

conducted by the Board in respect of that year.

25

Powers to require information etc.

14Z17   

 Circumstances in which powers in sections 14Z18 and 14Z19 apply

(1)   

Sections 14Z18 and 14Z19 apply where the Board has reason to

believe—

(a)   

that the area of a clinical commissioning group is no longer

30

appropriate, or

(b)   

that a clinical commissioning group might have failed, might be

failing or might fail to discharge any of its functions.

(2)   

For the purposes of this section—

(a)   

a failure to discharge a function includes a failure to discharge

35

it properly, and

(b)   

a failure to discharge a function properly includes a failure to

discharge it consistently with what the Board considers to be

the interests of the health service.

14Z18   

 Power to require documents and information etc.

40

(1)   

Where this section applies, the Board may require a person mentioned

in subsection (2) to provide to the Board any information, documents,

records or other items that the Board considers it necessary or

 
 

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

48

 

expedient to have for the purposes of any of its functions in relation to

the clinical commissioning group.

(2)   

The persons mentioned in this subsection are—

(a)   

the clinical commissioning group if it has possession or control

of the item in question;

5

(b)   

any member or employee of the group who has possession or

control of the item in question.

(3)   

A person must comply with a requirement imposed under subsection

(1).

(4)   

The power conferred by subsection (1) includes power to require that

10

any information, documents or records kept by means of a computer be

provided in legible form.

(5)   

The power conferred by subsection (1) does not include power to

require the provision of personal records.

(6)   

In subsection (5), “personal records” has the meaning given by section

15

12 of the Police and Criminal Evidence Act 1984.

14Z19   

 Power to require explanation

(1)   

Where this section applies, the Board may require the clinical

commissioning group to provide it with an explanation of any matter

which relates to the exercise by the group of any of its functions,

20

including an explanation of how the group is proposing to exercise any

of its functions.

(2)   

The Board may require the explanation to be given—

(a)   

orally at such time and place as the Board may specify, or

(b)   

in writing.

25

(3)   

The clinical commissioning group must comply with a requirement

imposed under subsection (1).

14Z20   

 Use of information

Any information, documents, records or other items that are obtained

by the Board in pursuance of section 14Z18 or 14Z19 may be used by

30

the Board in connection with any of its functions in relation to clinical

commissioning groups.

Intervention powers

14Z21   

 Power to give directions, dissolve clinical commissioning groups etc.

(1)   

This section applies if the Board is satisfied that—

35

(a)   

a clinical commissioning group is failing or has failed to

discharge any of its functions, or

(b)   

there is a significant risk that a clinical commissioning group

will fail to do so.

(2)   

The Board may direct the clinical commissioning group to discharge

40

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

periods, as may be specified in the direction.

(3)   

The Board may direct—

 
 

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

49

 

(a)   

the clinical commissioning group, or

(b)   

the accountable officer of the group,

   

to cease to perform any functions for such period or periods as may be

specified in the direction.

(4)   

The Board may—

5

(a)   

terminate the appointment of the clinical commissioning

group’s accountable officer, and

(b)   

appoint another person to be its accountable officer.

(5)   

Paragraph 12(4) of Schedule 1A does not apply to an appointment

under subsection (4)(b).

10

(6)   

The Board may vary the constitution of the clinical commissioning

group, including doing so by—

(a)   

varying its area,

(b)   

adding any person who is a provider of medical services to the

list of members, or

15

(c)   

removing any person from that list.

(7)   

The Board may dissolve the clinical commissioning group.

(8)   

Where a direction is given under subsection (3) the Board may—

(a)   

exercise any of the functions that are the subject of the direction

on behalf of the clinical commissioning group or (as the case

20

may be) the accountable officer;

(b)   

direct another clinical commissioning group or (as the case may

be) the accountable officer of another clinical commissioning

group to perform any of those functions on behalf of the group

or (as the case may be) the accountable officer, in such manner

25

and within such period or periods as may be specified in the

directions.

(9)   

A clinical commissioning group to which a direction is given under

subsection (3) must—

(a)   

where the Board exercises a function of the group under

30

subsection (8)(a), co-operate with the Board, and

(b)   

where a direction is given under subsection (8)(b) to another

clinical commissioning group or to the accountable officer of

another clinical commissioning group, co-operate with the

other group or (as the case may be) the accountable officer.

35

(10)   

Before exercising the power conferred by subsection (8)(b) the Board

must consult the clinical commissioning group to which it is proposing

to give the direction.

(11)   

Where the Board exercises a power conferred by subsection (6) or (7),

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

40

scheme.

(12)   

In subsection (11), “property transfer scheme” and “staff transfer

scheme” have the same meaning as in section 14I.

(13)   

Part 3 of Schedule 1A applies in relation to a property transfer scheme

or a staff transfer scheme under subsection (11) as it applies in relation

45

to a property transfer scheme or (as the case may be) a staff transfer

scheme under section 14I(1).

 
 

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

50

 

(14)   

For the purposes of this section—

(a)   

a failure to discharge a function includes a failure to discharge

it properly, and

(b)   

a failure to discharge a function properly includes a failure to

discharge it consistently with what the Board considers to be

5

the interests of the health service.

Procedural requirements in connection with certain powers

14Z22   

 Procedural requirements in connection with certain powers

(1)   

Before exercising the power to dissolve a clinical commissioning group

under section 14Z21(7) the Board must consult the following persons—

10

(a)   

the clinical commissioning group,

(b)   

relevant local authorities, and

(c)   

any other persons the Board considers it appropriate to consult.

(2)   

For that purpose, the Board must provide those persons with a

statement—

15

(a)   

explaining that it is proposing to exercise the power, and

(b)   

giving its reasons for doing so.

(3)   

After consulting those persons (and before exercising the power), the

Board must publish a report containing its response to the consultation.

(4)   

If the Board decides to exercise the power, the report must, in

20

particular, explain its reasons for doing so.

(5)   

Regulations may make provision as to the procedure to be followed by

the Board before the exercise of the powers conferred by sections

14Z18, 14Z19 and 14Z21.

(6)   

The Board must publish guidance as to how it proposes to exercise the

25

powers conferred by those sections.

(7)   

For the purposes of subsection (1) a local authority is a relevant local

authority if its area coincides with, or includes the whole or any part of,

the area of the clinical commissioning group.

Disclosure of information

30

14Z23   

 Permitted disclosures of information

(1)   

A clinical commissioning group may disclose information obtained by

it in the exercise of its functions if—

(a)   

the information has previously been lawfully disclosed to the

public,

35

(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

40

court order,

(d)   

the disclosure is necessary or expedient for the purposes of

protecting the welfare of any individual,

 
 

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

51

 

(e)   

the disclosure is made to any person in circumstances where it

is necessary or expedient for the person to have the information

for the purpose of exercising functions of that person under any

enactment,

(f)   

the disclosure is made for the purpose of facilitating the exercise

5

of any of the clinical commissioning group’s functions,

(g)   

the disclosure is made in connection with the investigation of a

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).

10

(2)   

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

notwithstanding any rule of common law which would otherwise

prohibit or restrict the disclosure.

Interpretation

14Z24   

 Interpretation

15

(1)   

In this Chapter—

“financial year”, in relation to a clinical commissioning group,

includes the period which begins on the day the group is

established and ends on the following 31 March;

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

20

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

service and, in section 14Z2, also includes services that are to be

provided as part of the health service;

“relevant Health and Wellbeing Board”, in relation to a clinical

commissioning group, has the meaning given by section

25

14Z11(9).

(2)   

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

Act to the functions of a clinical commissioning group includes a

reference to the functions of the Secretary of State that are exercisable

by the group by virtue of arrangements under section 7A—

30

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

section 14C(2)(e),

section 14P,

section 14Q,

section 14T,

35

section 14U(1),

section 14V,

section 14W(1),

section 14X,

section 14Y,

40

section 14Z,

section 14Z1(1) and (2),

section 14Z2(1),

section 14Z4(1),

section 14Z5(2),

45

section 14Z6(1),

section 14Z7(7),

 
 

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

52

 

section 14Z11(1),

section 14Z15(1),

section 14Z16(2),

sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),

section 14Z23(1),

5

section 72(1),

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

section 77(1)(b),

section 82,

section 89(1A)(d),

10

section 94(3A)(d),

section 223C(2)(b),

section 223H(1),

in Schedule 1A, paragraphs 3(1) and (3), 6, 12(9)(b) and 16(3).

(3)   

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

15

Acts to the functions of a clinical commissioning group includes a

reference to the functions of the Secretary of State that are exercisable

by the group by virtue of arrangements under section 7A—

sections 116 to 116B of the Local Government and Public

Involvement in Health Act 2007 (joint strategic needs

20

assessments etc.),

section 199(4) of the Health and Social Care Act 2012 (supply of

information to Health and Wellbeing Boards),

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

in Schedule 6 to that Act, paragraph 8(4).

25

(4)   

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

specified in subsection (2) or (3).”

27      

Financial arrangements for clinical commissioning groups

After section 223F of the National Health Service Act 2006 insert—

“Clinical commissioning groups

30

223G    

Means of meeting expenditure of clinical commissioning groups out

of public funds

(1)   

The Board must pay in respect of each financial year to each clinical

commissioning group sums not exceeding the amount allotted for that

year by the Board to the group towards meeting the expenditure of the

35

group which is attributable to the performance by it of its functions in

that year.

(2)   

In determining the amount to be allotted to a clinical commissioning

group for any year, the Board may take into account—

(a)   

the expenditure of the clinical commissioning group during any

40

previous financial year, and

(b)   

the amount that it proposes to hold, during the year to which

the allotment relates, in any contingency fund established

under section 223F.

 
 

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

53

 

(3)   

An amount is allotted to a clinical commissioning group for a year

under this section when the group is notified in writing by the Board

that the amount is allotted to it for that year.

(4)   

The Board may make a new allotment under this section increasing or

reducing an allotment previously so made.

5

(5)   

Where the Board allots an amount to a clinical commissioning group or

makes a new allotment under subsection (4), it must notify the

Secretary of State.

(6)   

The Board may give directions to a clinical commissioning group with

respect to—

10

(a)   

the application of sums paid to it by virtue of a new allotment

increasing an allotment previously so made, and

(b)   

the payment of sums by it to the Board in respect of charges or

other sums referable to the valuation or disposal of assets.

(7)   

Sums falling to be paid to clinical commissioning groups under this

15

section are payable subject to such conditions as to records, certificates

or otherwise as the Board may determine.

(8)   

In this section and sections 223H to 223K “financial year” includes the

period which begins on the day the clinical commissioning group is

established and ends on the following 31 March.

20

223H    

Financial duties of clinical commissioning groups: expenditure

(1)   

Each clinical commissioning group must, in respect of each financial

year, perform its functions so as to ensure that its expenditure which is

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

not exceed the aggregate of—

25

(a)   

the amount allotted to it for that year under section 223G,

(b)   

any sums received by it in that year under any provision of this

Act (other than sums received by it under section 223G), and

(c)   

any sums received by it in that year otherwise than under this

Act for the purpose of enabling it to defray such expenditure.

30

(2)   

The Board may by directions determine—

(a)   

whether specified sums must, or must not, be treated for the

purposes of this section as received by a specified clinical

commissioning group,

(b)   

whether specified expenditure must, or must not, be treated for

35

those purposes as expenditure within subsection (1) of a

specified clinical commissioning group, or

(c)   

the extent to which, and the circumstances in which, sums

received by a clinical commissioning group under section 223G

but not yet spent must be treated for the purposes of this section

40

as part of the expenditure of the group, and to which financial

year’s expenditure they must be attributed.

(3)   

The Secretary of State may by directions require a clinical

commissioning group to use specified banking facilities for any

specified purposes.

45

(4)   

In this section, “specified” means specified in the directions.

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 15 March 2012