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

7

 

13      

Duties of clinical commissioning groups as to commissioning certain health

services

(1)   

Section 3 of the National Health Service Act 2006 is amended as follows.

(2)   

In subsection (1)—

(a)   

for the words from the beginning to “reasonable requirements”

5

substitute “A clinical commissioning group must arrange for the

provision of the following to such extent as it considers necessary to

meet the reasonable requirements of the persons for whom it has

responsibility”, and

(b)   

in each of paragraphs (d) and (e) for the words “as he considers”

10

substitute “as the group considers”.

(3)   

After that subsection insert—

“(1A)   

For the purposes of this section, a clinical commissioning group has

responsibility for—

(a)   

persons who are provided with primary medical services by a

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member of the group, and

(b)   

persons who usually reside in the group’s area and are not

provided with primary medical services by a member of any

clinical commissioning group.

(1B)   

Regulations may provide that for the purposes of this section a clinical

20

commissioning group also has responsibility (whether generally or in

relation to a prescribed service or facility) for persons who—

(a)   

were provided with primary medical services by a person who

is or was a member of the group, or

(b)   

have a prescribed connection with the group’s area.

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(1C)   

The power conferred by subsection (1B)(b) must be exercised so as to

provide that, in relation to the provision of services or facilities for

emergency care, a clinical commissioning group has responsibility for

every person present in its area.

(1D)   

Regulations may provide that subsection (1A) does not apply—

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(a)   

in relation to persons of a prescribed description (which may

include a description framed by reference to the primary

medical services with which the persons are provided);

(b)   

in prescribed circumstances.

(1E)   

The duty in subsection (1) does not apply in relation to a service or

35

facility if the Board has a duty to arrange for its provision.”

(4)   

After subsection (1E) insert—

“(1F)   

In exercising its functions under this section and section 3A, a clinical

commissioning group must act consistently with—

(a)   

the discharge by the Secretary of State and the Board of their

40

duty under section 1(1) (duty to promote a comprehensive

health service), and

(b)   

the objectives and requirements for the time being specified in

the mandate published under section 13A.”

(5)   

Omit subsections (2) and (3).

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

8

 

(6)   

For the heading to section 3 substitute “Duties of clinical commissioning

groups as to commissioning certain health services”.

(7)   

For the cross-heading preceding section 3 substitute “Arrangements for the

provision of certain health services”.

(8)   

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

5

subsection (6) before paragraph (za) insert—

“(zza)   

regulations under section 3(1D),”.

14      

Power of clinical commissioning groups as to commissioning certain health

services

After section 3 of the National Health Service Act 2006 insert—

10

“3A     

Power of clinical commissioning groups to commission certain health

services

(1)   

Each clinical commissioning group may arrange for the provision of

such services or facilities as it considers appropriate for the purposes of

the health service that relate to securing improvement—

15

(a)   

in the physical and mental health of the persons for whom it has

responsibility, or

(b)   

in the prevention, diagnosis and treatment of illness in those

persons.

(2)   

A clinical commissioning group may not arrange for the provision of a

20

service or facility under subsection (1) if the Board has a duty to arrange

for its provision by virtue of section 3B or 4.

(3)   

Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of

this section as they apply for the purposes of that section.”

15      

Power to require Board to commission certain health services

25

After section 3A of the National Health Service Act 2006 insert—

“3B     

Secretary of State’s power to require Board to commission services

(1)   

Regulations may require the Board to arrange, to such extent as it

considers necessary to meet all reasonable requirements, for the

provision as part of the health service of—

30

(a)   

dental services of a prescribed description;

(b)   

services or facilities for members of the armed forces or their

families;

(c)   

services or facilities for persons who are detained in a prison or

in other accommodation of a prescribed description;

35

(d)   

such other services or facilities as may be prescribed.

(2)   

A service or facility may be prescribed under subsection (1)(d) only if

the Secretary of State considers that it would be appropriate for the

Board (rather than clinical commissioning groups) to arrange for its

provision as part of the health service.

40

(3)   

In deciding whether it would be so appropriate, the Secretary of State

must have regard to—

 
 

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

9

 

(a)   

the number of individuals who require the provision of the

service or facility;

(b)   

the cost of providing the service or facility;

(c)   

the number of persons able to provide the service or facility;

(d)   

the financial implications for clinical commissioning groups if

5

they were required to arrange for the provision of the service or

facility.

(4)   

Before deciding whether to make regulations under this section, the

Secretary of State must—

(a)   

obtain advice appropriate for that purpose, and

10

(b)   

consult the Board.

(5)   

The reference in subsection (1)(b) to members of the armed forces is a

reference to persons who are members of—

(a)   

the regular forces within the meaning of the Armed Forces Act

2006, or

15

(b)   

the reserve forces within the meaning of that Act.”

16      

Secure psychiatric services

(1)   

Section 4 of the National Health Service Act 2006 (high security psychiatric

services) is amended as follows.

(2)   

In subsection (1) for the words from the beginning to “duty to provide”

20

substitute “The Board must arrange for the provision of”.

(3)   

In subsection (3)—

(a)   

after “may be provided” insert “—

(a)   

”, and

(b)   

after paragraph (a) insert “, and

25

(b)   

only by a person approved by the Secretary of State for

the purposes of this subsection.”

(4)   

After subsection (3) insert—

“(3A)   

The Secretary of State may—

(a)   

give directions to a person who provides high security

30

psychiatric services about the provision by that person of those

services;

(b)   

give directions to the Board about the exercise of its functions in

relation to high security psychiatric services.”

17      

Other services etc. provided as part of the health service

35

(1)   

In section 5 of the National Health Service Act 2006 (other services) for “about

the Secretary of State and services under this Act” substitute “about the

provision of services for the purposes of the health service in England”.

(2)   

Schedule 1 to that Act is amended as follows.

(3)   

In paragraph 1 (medical inspection of pupils)—

40

(a)   

for “The Secretary of State” substitute “A local authority”, and

(b)   

for “local authorities” substitute “the local authority”.

 
 

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

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(4)   

In paragraph 2—

(a)   

in sub-paragraph (1)—

(i)   

for “The Secretary of State” substitute “A local authority”, and

(ii)   

omit “, by arrangement with any local authority,”,

(b)   

in sub-paragraph (2)—

5

(i)   

for “The Secretary of State” substitute “A local authority”,

(ii)   

after “educational establishment” insert “in its area”, and

(iii)   

for “a local authority” substitute “the local authority”, and

(c)   

omit sub-paragraph (3).

(5)   

In paragraph 4—

10

(a)   

for “A local authority may not make an arrangement” substitute “A

local authority may not provide for any medical inspection or

treatment”, and

(b)   

for “the arrangement” substitute “the inspection or (as the case may be)

treatment”.

15

(6)   

In paragraph 5—

(a)   

omit sub-paragraph (1)(a) and the word “and” immediately following

it,

(b)   

in sub-paragraph (2) omit “local authority or”,

(c)   

for “the Secretary of State” substitute “a local authority”, and

20

(d)   

for “him” substitute “it”.

(7)   

In paragraph 7A (weighing and measuring of children)—

(a)   

for “The Secretary of State” (in each place it occurs) substitute “A local

authority”,

(b)   

in sub-paragraph (1) omit “, by arrangement with any local authority,”,

25

and

(c)   

in sub-paragraph (2) —

(i)   

after “any school” insert “in its area”, and

(ii)   

for “a local authority” substitute “the local authority”.

(8)   

In paragraph 7B (regulations as to weighing and measuring of children)—

30

(a)   

in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a

local authority”, and

(b)   

in sub-paragraph (1)(d)—

(i)   

for “by the Secretary of State” substitute “by a local authority”,

and

35

(ii)   

after “paragraph 7A” insert “and of any other prescribed

information relating to the children concerned”, and

(c)   

in sub-paragraph (2) after “such weighing or measuring” insert “or in

relation to information prescribed under sub-paragraph (1)”.

(9)   

After paragraph 7B insert—

40

“Supply of blood and other human tissues

7C         

The Secretary of State must for the purposes of the health service

make arrangements for—

(a)   

collecting, screening, analysing, processing and supplying

blood or other tissues,

45

 
 

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

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(b)   

preparing blood components and reagents, and

(c)   

facilitating tissue and organ transplantation.”

(10)   

In paragraph 9 (provision of vehicles for disabled persons)—

(a)   

the existing text becomes sub-paragraph (1),

(b)   

in that sub-paragraph—

5

(i)   

for “The Secretary of State may provide” substitute “A clinical

commissioning group may make arrangements for the

provision of”, and

(ii)   

for “persons appearing to him to be persons who have a

physical impairment” substitute “persons for whom the group

10

has responsibility and who appear to it to have a physical

impairment”, and

(c)   

after that sub-paragraph insert—

    “(2)  

Subsections (1A), (1B) and (1D) of section 3 apply for the

purposes of sub-paragraph (1) as they apply for the purposes

15

of that section.”

(11)   

In paragraph 10—

(a)   

in sub-paragraph (1)(a) after “provided” insert “in pursuance of

arrangements made”,

(b)   

in sub-paragraph (2) —

20

(i)   

for “The Secretary of State may” substitute “The clinical

commissioning group may make arrangements for”,

(ii)   

in paragraph (a) for “adapt” substitute “the adaptation of”,

(iii)   

in paragraph (b) for “maintain and repair” substitute “the

maintenance and repair of”,

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(iv)   

in paragraph (c) for “take out” substitute “the taking out of”,

(v)   

in that paragraph for “pay” substitute “the payment of”,

(vi)   

in paragraph (d) for “provide” (in each place it occurs)

substitute “the provision of”, and

(vii)   

in that paragraph for “execute” substitute “the execution of”,

30

(c)   

in sub-paragraph (3) for “The Secretary of State” substitute “A clinical

commissioning group”, and

(d)   

in sub-paragraph (5) for “the Secretary of State” substitute “the clinical

commissioning group”.

(12)   

In paragraph 12 (provision of a microbiological service)—

35

(a)   

in sub-paragraph (1)—

(i)   

omit paragraph (a) and the word “and” immediately following

it,

(ii)   

in paragraph (b) omit “other”, and

(iii)   

in that paragraph for “that service” substitute “a

40

microbiological service provided under section 2A”, and

(b)   

omit sub-paragraph (2).

(13)   

For paragraph 13 and the cross-heading preceding it substitute—

“Powers in relation to research etc.

13    (1)  

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

45

may conduct, commission or assist the conduct of research into—

 
 

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

12

 

(a)   

any matters relating to the causation, prevention, diagnosis

or treatment of illness, and

(b)   

any such other matters connected with any service provided

under this Act as the Secretary of State, the Board or the

clinical commissioning group (as the case may be) considers

5

appropriate.

      (2)  

A local authority may conduct, commission or assist the conduct of

research for any purpose connected with the exercise of its functions

in relation to the health service.

      (3)  

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

10

a local authority may for any purpose connected with the exercise of

its functions in relation to the health service—

(a)   

obtain and analyse data or other information;

(b)   

obtain advice from persons with appropriate professional

expertise.

15

      (4)  

The power under sub-paragraph (1) or (2) to assist any person to

conduct research includes power to do so by providing financial

assistance or making the services of any person or other resources

available.

      (5)  

In this paragraph, “local authority” has the same meaning as in

20

section 2B.”

18      

Regulations as to the exercise by local authorities of certain public health

functions

(1)   

After section 6B of the National Health Service Act 2006 insert—

“Regulations as to the exercise of functions

25

6C      

Regulations as to the exercise by local authorities of certain public

health functions

(1)   

Regulations may require a local authority to exercise any of the public

health functions of the Secretary of State (so far as relating to the health

of the public in the authority’s area) by taking such steps as may be

30

prescribed.

(2)   

Regulations may require a local authority to exercise its public health

functions by taking such steps as may be prescribed.

(3)   

Where regulations under subsection (1) require a local authority to

exercise any of the public health functions of the Secretary of State, the

35

regulations may also authorise or require the local authority to exercise

any prescribed functions of the Secretary of State that are exercisable in

connection with those functions (including the powers conferred by

section 12).

(4)   

The making of regulations under subsection (1) does not prevent the

40

Secretary of State from taking any step that a local authority is required

to take under the regulations.

(5)   

Any rights acquired, or liabilities (including liabilities in tort) incurred,

in respect of the exercise by a local authority of any of its functions

 
 

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

13

 

under regulations under subsection (1) are enforceable by or against the

local authority (and no other person).

(6)   

In this section, “local authority” has the same meaning as in section 2B.”

(2)   

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

subsection (6) after paragraph (zza) insert—

5

“(zzb)   

regulations under section 6C(1) or (2),”.

19      

Regulations relating to EU obligations

After section 6C of the National Health Service Act 2006 insert—

“6D     

Regulations relating to EU obligations

(1)   

Regulations may require the Board or a clinical commissioning group

10

to exercise a specified EU health function.

(2)   

In subsection (1)—

(a)   

“EU health function” means any function exercisable by the

Secretary of State for the purpose of implementing EU

obligations that concern, or are connected to, the health service,

15

other than a function of making subordinate legislation (within

the meaning of the Interpretation Act 1978), and

(b)   

“specified” means specified in the regulations.

(3)   

The Secretary of State may give directions to the Board or a clinical

commissioning group about its exercise of any of its functions under

20

regulations under subsection (1).

(4)   

The making of regulations under subsection (1) does not prevent the

Secretary of State from exercising the specified EU health function.

(5)   

Any rights acquired, or liabilities (including liabilities in tort) incurred,

in respect of the exercise by the Board or a clinical commissioning

25

group of any of its functions under regulations under subsection (1) are

enforceable by or against the Board or (as the case may be) the group

(and no other person).

(6)   

The Secretary of State may, for the purpose of securing compliance by

the United Kingdom with EU obligations, give directions to the Board

30

or a clinical commissioning group about the exercise of any of its

functions.”

20      

Regulations as to the exercise of functions by the Board or clinical

commissioning groups

(1)   

After section 6D of the National Health Service Act 2006 insert—

35

“6E     

Regulations as to the exercise of functions by the Board or clinical

commissioning groups

(1)   

Regulations may impose requirements (to be known as “standing

rules”) in accordance with this section on the Board or on clinical

commissioning groups.

40

(2)   

The regulations may, in relation to the commissioning functions of the

Board or clinical commissioning groups, make provision—

 
 

 
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Revised 15 March 2012