• Accessibility
• Email alerts
• RSS feeds
• Contact us

Session 2010 - 12
Internet Publications
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
HL Bill 132                                                                                              55/1
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

© Parliamentary copyright	Revised 15 March 2012

• A-Z index
• Glossary
• Contact us
• Freedom of Information
• Jobs
• Using this website
• Copyright