Health and Social Care Bill

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
82

49
Primary care services: directions as to exercise of functions
(1)
After section 98 of the National Health Service Act 2006 insert—
“Directions
98A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
5
Secretary of State’s functions relating to the provision of primary
medical services.
(2)
Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its
10
exercise of any functions relating to the provision of primary medical
services (including functions which the Board has been directed to
exercise under subsection (1)).
(4)
The Board may direct a clinical commissioning group to exercise any of
the Board’s functions relating to the provision of primary medical
15
services.
(5)
The Board may give directions to a clinical commissioning group about
the exercise by it of any functions relating to the provision of primary
medical services (including functions which the group has been
directed to exercise under subsection (4)).
20
(6)
Subsection (4) does not apply to such functions, or functions of such
descriptions, as may be prescribed.
(7)
Where the Board gives a direction under subsection (4) or (5), it may
disclose to the clinical commissioning group information it has about
the provision of the primary medical services in question, if the Board
25
considers it necessary or appropriate to do so in order to enable or assist
the group to exercise the function specified in the direction.
(8)
A clinical commissioning group exercising a function specified in a
direction under subsection (4) or (5) must report to the Board on
matters arising out of the group’s exercise of the function.
30
(9)
A report under subsection (8) must be made in such form and manner
as the Board may specify.
(10)
The Board may, in exercising its functions relating to the provision of
the primary medical services in question, have regard to a report under
subsection (8).”
35
(2)
After section 114 of that Act insert—
“Directions
114A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
Secretary of State’s functions relating to the provision of primary dental
40
services.

Health and Social Care Bill
Part 1 — The health service in England
83

(2)
Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its
exercise of any functions relating to the provision of primary dental
services (including functions which the Board has been directed to
5
exercise under subsection (1)).”
(3)
After section 125 of that Act insert—
“Directions
125A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
10
Secretary of State’s functions relating to the provision of primary
ophthalmic services.
(2)
Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its
15
exercise of any functions relating to the provision of primary
ophthalmic services (including functions which the Board has been
directed to exercise under subsection (1)).
(4)
The Board may direct a clinical commissioning group, a Special Health
Authority or such other body as may be prescribed to exercise any of
20
the Board’s functions relating to the provision of primary ophthalmic
services.
(5)
The Board may give directions to a clinical commissioning group, a
Special Health Authority or such other body as may be prescribed
about the exercise by the body of any functions relating to the provision
25
of primary ophthalmic services (including functions which it has been
directed to exercise under subsection (4)).
(6)
Subsection (4) does not apply to such functions, or functions of such
descriptions, as may be prescribed.
(7)
Where the Board gives a direction to a body under subsection (4) or (5),
30
it may disclose to the body the information it has about the provision of
the primary ophthalmic services in question, if the Board considers it
necessary or appropriate to do so in order to enable or assist the body
to exercise the function specified in the direction.
(8)
A body which is given a direction under subsection (4) or (5) must
35
report to the Board on matters arising out of the exercise of the function
to which the direction relates.
(9)
A report under subsection (8) must be made in such form and manner
as the Board may specify.
(10)
The Board may, in exercising its functions relating to the provision of
40
the primary ophthalmic services in question, have regard to a report
under subsection (8).”

Health and Social Care Bill
Part 1 — The health service in England
84

(4)
After section 168 of that Act insert—
“Directions
168A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
Secretary of State’s functions relating to services that may be provided
5
as pharmaceutical services, or as local pharmaceutical services, under
this Part.
(2)
Subsection (1) does not apply to any function of the Secretary of State
of making an order or regulations.
(3)
The Secretary of State may give directions to the Board about its
10
exercise of any functions relating to pharmaceutical services or to local
pharmaceutical services (including functions which the Board has been
directed to exercise under subsection (1)).”
50
Charges in respect of certain public health functions
(1)
After section 186 of the National Health Service Act 2006 insert—
15
“186A
Charges in respect of public health functions
(1)
The Secretary of State may make charges under this subsection in
respect of any step taken under section 2A.
(2)
The power conferred by subsection (1) does not apply in respect of the
provision of a service or facility to an individual, or the taking of any
20
other step in relation to an individual, for the purpose of protecting the
individual’s health.
(3)
Charges under subsection (1) may be calculated on such basis as the
Secretary of State considers appropriate.
(4)
Regulations may provide for the making and recovery of charges in
25
respect of—
(a)
the taking of prescribed steps by a local authority under section
2A (by virtue of regulations under section 6C(1)), and
(b)
the taking of prescribed steps by a local authority under section
2B.
30
(5)
Regulations under subsection (4) may make provision as to the
calculation of charges authorised by the regulations, including
provision prescribing the amount or the maximum amount that may be
charged.
(6)
Nothing in this section affects any other power conferred by or under
35
this Act to make charges.”
(2)
In section 272 of that Act (orders, regulations, rules and directions), in
subsection (6) after paragraph (zc) insert—
“(zd)
regulations under section 186A(4),”.

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Part 1 — The health service in England
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51
Pharmaceutical services expenditure
(1)
After section 165 of the National Health Service Act 2006 insert—
“165A
Pharmaceutical remuneration: further provision
(1)
The Board must provide the Secretary of State with such information
relating to the remuneration paid by the Board to persons providing
5
pharmaceutical services or local pharmaceutical services as the
Secretary of State may require.
(2)
The information must be provided in such form, and at such time or
within such period, as the Secretary of State may require.
(3)
Schedule 12A makes further provision about pharmaceutical
10
remuneration.”
(2)
After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this
Act.
52
Secretary of State’s duty to keep health service functions under review
In Part 13 of the National Health Service Act 2006, after section 247B (as
15
inserted by section 60) insert—

“Duty to keep under review
247C
Secretary of State’s duty to keep health service functions under review
(1)
The Secretary of State must keep under review the effectiveness of the
20
exercise by the bodies mentioned in subsection (2) of functions in
relation to the health service in England.
(2)
The bodies mentioned in this subsection are—
(a)
the Board;
(b)
Monitor;
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(c)
the Care Quality Commission and its Healthwatch England
committee;
(d)
the National Institute for Health and Care Excellence;
(e)
the Health and Social Care Information Centre;
(f)
Special Health Authorities.
30
(3)
The Secretary of State may include in an annual report under section
247D the Secretary of State’s views on the effectiveness of the exercise
by the bodies mentioned in subsection (2) of functions in relation to the
health service.”