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Health and Social Care Bill (HL Bill 132)

Health and Social Care BillPage 80

(2) In subsection (1) for the words from “it is necessary” to the end of the
subsection substitute “it is appropriate to do so”.

(3) After subsection (1) insert—

(1A) A direction under this section may be given to—

(a) 5an NHS body other than a Local Health Board;

(b) the National Institute for Health and Care Excellence;

(c) the Health and Social Care Information Centre;

(d) any body or person, other than an NHS body, providing
services in pursuance of arrangements made—

(i) 10by the Secretary of State under section 12,

(ii) by the Board or a clinical commissioning group under
section 3, 3A, 3B or 4 or Schedule 1,

(iii) by a local authority for the purpose of the exercise of its
functions under or by virtue of section 2B or 6C(1) or
15Schedule 1, or

(iv) by the Board, a clinical commissioning group or a local
authority by virtue of section 7A.

(4) For subsection (2) substitute—

(2) In relation to a body within subsection (1A)(a) to (c), the powers
20conferred by this section may be exercised—

(a) to give directions to the body about the exercise of any of its
functions;

(b) to direct the body to cease to exercise any of its functions for a
specified period;

(c) 25to direct the body to exercise any of its functions concurrently
with another body or person for a specified period;

(d) to direct the body to exercise any function conferred on another
body or person under or by virtue of this Act for a specified
period (whether to the exclusion of, or concurrently with, that
30body or person).

(2A) In relation to a body or person within subsection (1A)(d), the powers
conferred by this section may be exercised—

(a) to give directions to the body or person about the provision of
any services that it provides in pursuance of arrangements
35mentioned in subsection (1A)(d);

(b) to direct the body or person to cease to provide any of those
services for a specified period;

(c) to direct the body or person to provide other services for the
purposes of the health service for a specified period.

(5) 40After subsection (2A) insert—

(2B) The Secretary of State may direct the Board to exercise the functions of
the Secretary of State under this section.

(2C) The Secretary of State may give directions to the Board about its
exercise of any functions that are the subject of a direction under
45subsection (2B).

(2D) In this section, “specified” means specified in the direction.

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(6) Omit subsection (4) (exclusion of NHS foundation trusts from application of
emergency powers).

(7) In section 273 of that Act (further provision about orders and directions under
the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.

5Miscellaneous

48 New Special Health Authorities

(1) After section 28 of the National Health Service Act 2006 (special health
authorities) insert—

28A Special Health Authorities: further provision

(1) 10This section applies in relation to an order under section 28 which is
made after the coming into force of section 48 of the Health and Social
Care Act 2012.

(2) The order must include—

(a) provision for the abolition of the Special Health Authority on a
15day specified in the order, and

(b) provision as to the transfer of officers, property and liabilities of
the Authority on its abolition.

(3) The day specified in accordance with subsection (2)(a) must be within
the period of 3 years beginning with the day on which the Special
20Health Authority is established.

(4) The power (by virtue of section 273(1)) to vary an order under section
28 includes power to vary the provision mentioned in subsection (2)
by—

(a) providing for the abolition of the Special Health Authority on a
25day which is earlier or later than the day for the time being
specified in the order;

(b) making different provision as to the matters mentioned in
subsection (2)(b).

(5) If an order is varied to provide for the abolition of the Special Health
30Authority on a later day, that day must be within the period of 3 years
beginning with the day on which the Special Health Authority would
(but for the variation) have been abolished.

(2) In section 272 of that Act (orders, regulations, rules and directions), in
subsection (6), after paragraph (zb) insert—

(zc) 35an order under section 28 which varies such an order as
mentioned in section 28A(5),.

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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) 5The Secretary of State may direct the Board to exercise any of the
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) 10The Secretary of State may give directions to the Board about its
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
15the Board’s functions relating to the provision of primary medical
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
20directed 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 under subsection (4) or (5), it may
disclose to the clinical commissioning group information it has about
25the provision of the primary medical services in question, if the Board
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
30matters arising out of the group’s exercise of the function.

(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
35subsection (8).

(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
40Secretary of State’s functions relating to the provision of primary dental
services.

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(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
5services (including functions which the Board has been directed to
exercise under subsection (1)).

(3) After section 125 of that Act insert—

Directions
125A Exercise of functions

(1) 10The Secretary of State may direct the Board to exercise any of the
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) 15The Secretary of State may give directions to the Board about its
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
20Authority or such other body as may be prescribed to exercise any of
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
25about the exercise by the body of any functions relating to the provision
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) 30Where the Board gives a direction to a body under subsection (4) or (5),
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) 35A body which is given a direction under subsection (4) or (5) must
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) 40The Board may, in exercising its functions relating to the provision of
the primary ophthalmic services in question, have regard to a report
under subsection (8).

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(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
5Secretary of State’s functions relating to services that may be provided
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) 10The Secretary of State may give directions to the Board about its
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) 15After section 186 of the National Health Service Act 2006 insert—

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
20provision of a service or facility to an individual, or the taking of any
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) 25Regulations may provide for the making and recovery of charges in
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
302B.

(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) 35Nothing in this section affects any other power conferred by or under
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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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
5relating to the remuneration paid by the Board to persons providing
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) 10Schedule 12A makes further provision about pharmaceutical
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

15In Part 13 of the National Health Service Act 2006, after section 247B (as
inserted by section 60) insert—

Duty to keep under review
247C Secretary of State’s duty to keep health service functions under review

(1) 20The Secretary of State must keep under review the effectiveness of the
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) 25Monitor;

(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) 30Special Health Authorities.

(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.

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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) 5The Secretary of State must publish an annual report on the
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
10before Parliament.

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) 15in subsection (1) for “Primary Care Trusts” substitute “Local
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
20authority”.

(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
25Act 2006 in consequence of the provision made by this Part) has effect.

(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.

30Part 2 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) 35Subsection (2) does not apply to—

(a) paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the
Immigration Act 1971), and

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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.

57 Functions in relation to biological substances

(1) 5The appropriate authority must—

(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) 10provide or arrange for the provision of laboratory facilities for testing
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) 15report on the results of tests or examinations conducted in pursuance
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
20(a) to (g).

(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
25those of the appropriate authority under this section (whether or not in relation
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
30the authority’s functions under this section.

(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
35Services and Public Safety in Northern Ireland acting alone or both of them
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
40chemical means.

58 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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(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) 5providing services for the prevention, diagnosis or treatment of illness
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) 10The appropriate authority may do anything which it considers appropriate for
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) 15In the exercise of any function under this section which relates to a matter in
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) 20Each of the following is a Health and Safety body—

(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) 25In this section, “the appropriate authority” means—

(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
30Northern Ireland to the extent that the functions relate to a transferred
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
35Wales, Scotland and Northern Ireland,

(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
40Ireland.

(10) This section does not apply in relation to England.

59 Repeal of AIDS (Control) Act 1987

(1) The AIDS (Control) Act 1987 is repealed.

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(2) The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)S.I. 1987/1832 (N.I. 18)) is
revoked.

60 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
5cross-heading preceding it) insert—

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
10not in relation to the United Kingdom).

(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
15respect of any costs incurred by the Secretary of State in doing so.

(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
20incurred by it in doing so.

(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),.

25Part 3 Regulation of health and adult social care services

CHAPTER 1 Monitor

61 Monitor

(1) The body corporate known as the Independent Regulator of NHS Foundation
30Trusts—

(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.