Session 2010 - 12
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Other Bills before Parliament

Health and Social Care Bill


 

Health and Social Care Bill

 
 

The Bill is divided into two volumes. Volume I contains the Clauses. Volume II

contains the Schedules to the Bill.

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published

separately as HL Bill 92—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Earl Howe has made the following statement under section 19(1)(a) of the Human

Rights Act 1998:

In my view the provisions of the Health and Social Care Bill are compatible with the

Convention rights.

 

HL Bill 132                                                                                             

55/1

 

 


 

Health and Social Care Bill

 

[AS AMENDED ON REPORT]

 
 

The Bill is divided into two volumes. Volume I contains the Clauses. Volume II

contains the Schedules to the Bill.

Contents

Part 1

The health service in England

The health service: overview

1   

Secretary of State’s duty to promote comprehensive health service

2   

The Secretary of State’s duty as to improvement in quality of services

3   

The Secretary of State’s duty as to the NHS Constitution

4   

The Secretary of State’s duty as to reducing inequalities

5   

The Secretary of State’s duty as to promoting autonomy

6   

The Secretary of State’s duty as to research

7   

The Secretary of State’s duty as to education and training

8   

Secretary of State’s duty as to promoting equality of provision

9   

The NHS Commissioning Board

10   

Clinical commissioning groups

Arrangements for provision of health services

11   

The Secretary of State’s duty as to protection of public health

12   

Duties as to improvement of public health

13   

Duties of clinical commissioning groups as to commissioning certain health

services

14   

Power of clinical commissioning groups as to commissioning certain health

services

15   

Power to require Board to commission certain health services

16   

Secure psychiatric services

17   

Other services etc. provided as part of the health service

18   

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

functions

19   

Regulations relating to EU obligations

20   

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

commissioning groups

21   

Functions of Special Health Authorities

22   

Exercise of public health functions of the Secretary of State

 

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Health and Social Care Bill

ii

 

Further provision about the Board

23   

The NHS Commissioning Board: further provision

24   

Financial arrangements for the Board

Further provision about clinical commissioning groups

25   

Clinical commissioning groups: establishment etc.

26   

Clinical commissioning groups: general duties etc.

27   

Financial arrangements for clinical commissioning groups

28   

Requirement for primary medical services provider to belong to clinical

commissioning group

Further provision about local authorities’ role in the health service

29   

Other health service functions of local authorities under the 2006 Act

30   

Appointment of directors of public health

31   

Exercise of public health functions of local authorities

32   

Complaints about exercise of public health functions by local authorities

Abolition of Strategic Health Authorities and Primary Care Trusts

33   

Abolition of Strategic Health Authorities

34   

Abolition of Primary Care Trusts

Functions relating to fluoridation of water

35   

Fluoridation of water supplies

36   

Procedural requirements in connection with fluoridation of water supplies

37   

Fluoridation of water supplies: transitional provision

Functions relating to mental health matters

38   

Approval functions

39   

Discharge of patients

40   

After-care

41   

Provision of pocket money for in-patients

42   

Transfers to and from special hospitals

43   

Independent mental health advocates

44   

Patients’ correspondence

45   

Notification of hospitals having arrangements for special cases

Emergency powers

46   

Role of the Board and clinical commissioning groups in respect of

emergencies

47   

Secretary of State’s emergency powers

Miscellaneous

48   

New Special Health Authorities

49   

Primary care services: directions as to exercise of functions

50   

Charges in respect of certain public health functions

51   

Pharmaceutical services expenditure

52   

Secretary of State’s duty to keep health service functions under review

 
 

Health and Social Care Bill

iii

 

53   

Secretary of State’s annual report

54   

Certification of death

55   

Amendments related to Part 1 and transitional provision

Part 2

Further provision about public health

56   

Abolition of Health Protection Agency

57   

Functions in relation to biological substances

58   

Radiation protection functions

59   

Repeal of AIDS (Control) Act 1987

60   

Co-operation with bodies exercising functions in relation to public health

Part 3

Regulation of health and adult social care services

Chapter 1

Monitor

61   

Monitor

62   

General duties

63   

Secretary of State’s guidance on duty under section 62(9)

64   

General duties: supplementary

65   

Power to give Monitor functions relating to adult social care services

66   

Matters to have regard to in exercise of functions

67   

Conflicts between functions

68   

Duty to review regulatory burdens

69   

Duty to carry out impact assessments

70   

Information

71   

Failure to perform functions

Chapter 2

Competition

72   

Functions under the Competition Act 1998

73   

Functions under Part 4 of the Enterprise Act 2002

74   

Competition functions: supplementary

75   

Requirements as to procurement, patient choice and competition

76   

Requirements under section 75: investigations, declarations and directions

77   

Requirements under section 75: undertakings

78   

Guidance

79   

Mergers involving NHS foundation trusts

80   

Co-operation with the Office of Fair Trading

 
 

Health and Social Care Bill

iv

 

Chapter 3

Licensing

Licensing requirement

81   

Requirement for health service providers to be licensed

82   

Deemed breach of requirement to be licensed

83   

Exemption regulations

84   

Exemption regulations: supplementary

Licensing procedure

85   

Application for licence

86   

Licensing criteria

87   

Grant or refusal of licence

88   

Application and grant: NHS foundation trusts

89   

Revocation of licence

90   

Right to make representations

91   

Notice of decisions

92   

Appeals to the Tribunal

93   

Register of licence holders

Licence conditions

94   

Standard conditions

95   

Special conditions

96   

Limits on Monitor’s functions to set or modify licence conditions

97   

Conditions: supplementary

98   

Conditions relating to the continuation of the provision of services etc.

99   

Notification of commissioners where continuation of services at risk

100   

Modification of standard conditions

101   

Modification references to the Competition Commission

102   

Modification of conditions by order under other enactments

103   

Standard condition as to transparency of certain criteria

Enforcement

104   

Power to require documents and information

105   

Discretionary requirements

106   

Enforcement undertakings

107   

Further provision about enforcement powers

108   

Guidance as to use of enforcement powers

109   

Publication of enforcement action

110   

Notification of enforcement action

Transitional provision

111   

Imposition of licence conditions on NHS foundation trusts

112   

Duration of transitional period

113   

Orders under section 112: criteria for deciding applicable trusts

114   

Repeal of sections 112 and 113

 
 

Health and Social Care Bill

v

 

Chapter 4

Pricing

115   

Price payable by commissioners for NHS services

116   

The national tariff

117   

The national tariff: further provision

118   

Consultation on proposals for the national tariff

119   

Consultation: further provision

120   

Responses to consultation

121   

Determination on reference under section 120

122   

Changes following determination on reference under section 120

123   

Power to veto changes proposed under section 122

124   

Local modifications of prices: agreements

125   

Local modifications of prices: applications

126   

Applications under section 125: notification of commissioners

127   

Correction of mistakes

Chapter 5

Health special administration

128   

Health special administration orders

129   

Objective of a health special administration

130   

Health special administration regulations

131   

Transfer schemes

132   

Indemnities

133   

Modification of this Chapter under Enterprise Act 2002

Chapter 6

Financial assistance in special administration cases

Establishment of mechanisms

134   

Duty to establish mechanisms for providing financial assistance

135   

Power to establish fund

Applications for financial assistance

136   

Applications

137   

Grants and loans

Charges on commissioners

138   

Power to impose charges on commissioners

Levy on providers

139   

Imposition of levy

140   

Power of Secretary of State to set limit on levy and charges

141   

Consultation

142   

Responses to consultation

143   

Amount payable

 
 

 
contents continue
 

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Revised 15 March 2012