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 2 — Further provision about public health
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53
Secretary of State’s annual report
After section 247C of the National Health Service Act 2006 insert—
“Annual report
247D
Secretary of State’s annual report
(1)
The Secretary of State must publish an annual report on the
5
performance of the health service in England.
(2)
The report must include the Secretary of State’s assessment of the
effectiveness of the discharge of the duties under sections 1A and 1C.
(3)
The Secretary of State must lay any report prepared under this section
before Parliament.”
10
54
Certification of death
(1)
Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification,
certification and registration of deaths) is amended as follows.
(2)
In section 19 (medical examiners)—
(a)
in subsection (1) for “Primary Care Trusts” substitute “Local
15
authorities”,
(b)
in subsection (2) for “Trust” (in each place where it occurs) substitute
“local authority”, and
(c)
in subsection (5) for “a Primary Care Trust” substitute “a local
authority”.
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(3)
In section 20 (medical certificate of cause of death), in subsection (5) for
“Primary Care Trust” substitute “local authority”.
55
Amendments related to Part 1 and transitional provision
(1)
Schedule 4 (which makes further amendments of the National Health Service
Act 2006 in consequence of the provision made by this Part) has effect.
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(2)
Schedule 5 (which makes amendments of other enactments in consequence of
the provision made by this Part) has effect.
(3)
Schedule 6 (which makes transitional provision in connection with this Part)
has effect.
Part 2
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Further provision about public health
56
Abolition of Health Protection Agency
(1)
The Health Protection Agency is abolished.
(2)
The Health Protection Agency Act 2004 is repealed.
(3)
Subsection (2) does not apply to—
35
(a)
paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the
Immigration Act 1971), and

Health and Social Care Bill
Part 2 — Further provision about public health
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(b)
section 11(1) of that Act so far as it gives effect to that paragraph.
(4)
Schedule 7 (which makes amendments of other enactments in consequence of
the provision made by this section) has effect.
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Functions in relation to biological substances
(1)
The appropriate authority must—
5
(a)
devise standards for the purity and potency of biological substances,
(b)
prepare, approve, hold and distribute standard preparations of
biological substances,
(c)
design appropriate procedures for testing biological substances,
(d)
provide or arrange for the provision of laboratory facilities for testing
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biological substances,
(e)
carry out tests on biological substances,
(f)
examine records kept in connection with the manufacture and quality
control of biological substances,
(g)
report on the results of tests or examinations conducted in pursuance
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of paragraph (e) or (f), and
(h)
carry out or arrange for the carrying out of such research, or provide or
arrange for the provision of such information or training, as it considers
appropriate in connection with the functions mentioned in paragraphs
(a) to (g).
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(2)
The appropriate authority may do anything which it considers is appropriate
for facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
(3)
Subsections (4) and (5) apply to any person that exercises functions similar to
those of the appropriate authority under this section (whether or not in relation
25
to the United Kingdom).
(4)
The appropriate authority must co-operate with the person in the exercise of
those functions.
(5)
The person must co-operate with the appropriate authority in the exercise of
the authority’s functions under this section.
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(6)
The appropriate authority may make charges (whether or not on a commercial
basis) in respect of anything done by it under this section.
(7)
Any function conferred on the appropriate authority by this section may be
performed by either the Secretary of State or the Department of Health, Social
Services and Public Safety in Northern Ireland acting alone or both of them
35
acting jointly (and references in this section to the appropriate authority are to
be construed accordingly).
(8)
In this section “biological substance” means a substance whose purity or
potency cannot, in the opinion of the Secretary of State, be adequately tested by
chemical means.
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Radiation protection functions
(1)
The appropriate authority must take such steps as it considers appropriate for
the purposes of protecting the public from radiation (whether ionising or not).

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Part 2 — Further provision about public health
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(2)
The steps that may be taken under subsection (1) include—
(a)
the conduct of research or such other steps as the appropriate authority
considers appropriate for advancing knowledge and understanding;
(b)
providing technical services (whether in laboratories or otherwise);
(c)
providing services for the prevention, diagnosis or treatment of illness
5
arising from exposure to radiation;
(d)
providing training;
(e)
providing information and advice;
(f)
making available the services of any person or any facilities.
(3)
The appropriate authority may do anything which it considers appropriate for
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facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
(4)
The appropriate authority may make charges (whether or not on a commercial
basis) in respect of anything done by it under this section.
(5)
In the exercise of any function under this section which relates to a matter in
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respect of which a Health and Safety body has a function, the appropriate
authority must—
(a)
consult the body, and
(b)
have regard to the body’s policies.
(6)
Each of the following is a Health and Safety body—
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(a)
the Health and Safety Executive;
(b)
the Health and Safety Executive for Northern Ireland.
(7)
In subsection (2)(f), “facilities” has the same meaning as in the National Health
Service Act 2006.
(8)
In this section, “the appropriate authority” means—
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(a)
the Scottish Ministers to the extent that the functions are exercisable
within devolved competence (within the meaning of the Scotland Act
1998);
(b)
the Department of Health, Social Services and Public Safety in
Northern Ireland to the extent that the functions relate to a transferred
30
matter (within the meaning of the Northern Ireland Act 1998);
(c)
the Secretary of State in any other case.
(9)
In this section, “the public” means—
(a)
where the appropriate authority is the Secretary of State, the public in
Wales, Scotland and Northern Ireland,
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(b)
where the appropriate authority is the Scottish Ministers, the public in
Scotland, and
(c)
where the appropriate authority is the Department of Health, Social
Services and Public Safety in Northern Ireland, the public in Northern
Ireland.
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(10)
This section does not apply in relation to England.
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Repeal of AIDS (Control) Act 1987
(1)
The AIDS (Control) Act 1987 is repealed.

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Part 3 — Regulation of health and adult social care services
Chapter 1 — Monitor
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(2)
The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is
revoked.
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Co-operation with bodies exercising functions in relation to public health
(1)
In Part 13 of the National Health Service Act 2006, before section 248 (and the
cross-heading preceding it) insert—
5
“Co-operation in relation to public health functions
247B
Co-operation in relation to public health functions
(1)
This section applies to any body or other person that exercises functions
similar to those of the Secretary of State under section 2A (whether or
not in relation to the United Kingdom).
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(2)
The Secretary of State must co-operate with the body or other person in
the exercise by it of those functions.
(3)
If the Secretary of State acts under subsection (2) at the request of the
body or other person, the Secretary of State may impose charges in
respect of any costs incurred by the Secretary of State in doing so.
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(4)
The body or other person must co-operate with the Secretary of State in
the exercise by the Secretary of State of functions under section 2A.
(5)
If the body or other person acts under subsection (4) at the request of
the Secretary of State, it may impose charges in respect of any costs
incurred by it in doing so.”
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(2)
In section 271 of that Act (territorial limit of exercise of functions), in subsection
(3) after paragraph (d) insert—
“(da)
section 247B (co-operation in relation to public health
functions),”.
Part 3
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Regulation of health and adult social care services
Chapter 1
Monitor
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Monitor
(1)
The body corporate known as the Independent Regulator of NHS Foundation
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Trusts—
(a)
is to continue to exist, and
(b)
is to be known as Monitor.
(2)
Schedule 8 (which makes further provision about Monitor) has effect.