Health and Social Care Bill (HL Bill 132)

(c) “relevant clinical commissioning group”, in relation to a local authority,
means any clinical commissioning group whose area coincides with or
falls wholly or partly within the area of the local authority.

(14) In this section and in sections 195 to 199, “local authority” means—

(a) 5a county council in England;

(b) a district council in England, other than a council for a district in a
county for which there is a county council;

(c) a London borough council;

(d) the Council of the Isles of Scilly;

(e) 10the Common Council of the City of London in its capacity as a local
authority.

Health and Wellbeing Boards: functions

195 Duty to encourage integrated working

(1) A Health and Wellbeing Board must, for the purpose of advancing the health
15and wellbeing of the people in its area, encourage persons who arrange for the
provision of any health or social care services in that area to work in an
integrated manner.

(2) A Health and Wellbeing Board must, in particular, provide such advice,
assistance or other support as it thinks appropriate for the purpose of
20encouraging the making of arrangements under section 75 of the National
Health Service Act 2006 in connection with the provision of such services.

(3) A Health and Wellbeing Board may encourage persons who arrange for the
provision of any health-related services in its area to work closely with the
Health and Wellbeing Board.

(4) 25A Health and Wellbeing Board may encourage persons who arrange for the
provision of any health or social care services in its area and persons who
arrange for the provision of any health-related services in its area to work
closely together.

(5) Any reference in this section to the area of a Health and Wellbeing Board is a
30reference to the area of the local authority that established it.

(6) In this section—

• “the health service” has the same meaning as in the National Health
  Service Act 2006;

• “health services” means services that are provided as part of the health
  35service in England;

• “health-related services” means services that may have an effect on the
  health of individuals but are not health services or social care services;

• “social care services” means services that are provided in pursuance of the
  social services functions of local authorities (within the meaning of the
  40Local Authority Social Services Act 1970).

196 Other functions of Health and Wellbeing Boards

(1) The functions of a local authority and its partner clinical commissioning
groups under sections 116 and 116A of the Local Government and Public

Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the
Health and Wellbeing Board established by the local authority.

(2) A local authority may arrange for a Health and Wellbeing Board established by
it to exercise any functions that are exercisable by the authority.

(3) 5A Health and Wellbeing Board may give the local authority that established it
its opinion on whether the authority is discharging its duty under section 116B
of the 2007 Act.

(4) The power conferred by subsection (2) does not apply to the functions of the
authority by virtue of section 244 of the National Health Service Act 2006.

10Health and Wellbeing Boards: supplementary

197 Participation of NHS Commissioning Board

(1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of
section 196(1)) preparing—

(a) an assessment of relevant needs under section 116 of the Local
15Government and Public Involvement in Health Act 2007, or

(b) a strategy under section 116A of that Act.

(2) The National Health Service Commissioning Board must appoint a
representative to join the Health and Wellbeing Board for the purpose of
participating in its preparation of the assessment or (as the case may be) the
20strategy.

(3) Subsection (4) applies where a Health and Wellbeing Board is considering a
matter that relates to the exercise or proposed exercise of the commissioning
functions of the National Health Service Commissioning Board in relation to
the area of the authority that established the Health and Wellbeing Board.

(4) 25If the Health and Wellbeing Board so requests, the National Health Service
Commissioning Board must appoint a representative to join the Health and
Wellbeing Board for the purpose of participating in its consideration of the
matter.

(5) The person appointed under subsection (2) or (4) may, with the agreement of
30the Health and Wellbeing Board, be a person who is not a member or employee
of the National Health Service Commissioning Board.

(6) In this section—

• “commissioning functions”, in relation to the National Health Service
  Commissioning Board, means the functions of the Board in arranging
  35for the provision of services as part of the health service in England;

• “the health service” has the same meaning as in the National Health
  Service Act 2006.

198 Discharge of functions of Health and Wellbeing Boards

Two or more Health and Wellbeing Boards may make arrangements for—

(a) 40any of their functions to be exercisable jointly;

(b) any of their functions to be exercisable by a joint sub-committee of the
Boards;

(c) a joint sub-committee of the Boards to advise them on any matter
related to the exercise of their functions.

199 Supply of information to Health and Wellbeing Boards

(1) A Health and Wellbeing Board may, for the purpose of enabling or assisting it
5to perform its functions, request any of the following persons to supply it with
such information as may be specified in the request—

(a) the local authority that established the Health and Wellbeing Board;

(b) any person who is represented on the Health and Wellbeing Board by
virtue of section 194(2)(e) to (g) or (8);

(c) 10any person who is a member of a Health and Wellbeing Board by virtue
of section 194(2)(g) or (8) but is not acting as a representative.

(2) A person who is requested to supply information under subsection (1) must
comply with the request.

(3) Information supplied to a Health and Wellbeing Board under this section may
15be used by the Board only for the purpose of enabling or assisting it to perform
its functions.

(4) Information requested under subsection (1) must be information that relates
to—

(a) a function of the person to whom the request is made, or

(b) 20a person in respect of whom a function is exercisable by that person.

Care Trusts

200 Care Trusts

(1) In section 77 of the National Health Service Act 2006 (Care Trusts), in
subsection (1)—

(a) 25in paragraph (a), after “an NHS trust” insert “or a clinical
commissioning group or an NHS foundation trust”,

(b) omit the “and” preceding paragraph (b),

(c) in paragraph (b), for “the Secretary of State considers” substitute “the
body and the local authority concerned consider”,

(d) 30in that paragraph, for “a local authority” substitute “the local
authority”,

(e) after paragraph (b), insert “, and

(c) the requirements in subsection (1A) are satisfied,”, and

(f) for “the Secretary of State may” substitute “the body and the local
35authority may jointly”.

(2) After that subsection insert—

“(1A) The body and the local authority must, before designating the body as
a Care Trust under this section—

(a) publish in the prescribed form and manner—

(i) 40the reasons why they consider that the proposed
designation would be likely to have the result
mentioned in subsection (1)(b), and

(ii) information about the proposed governance
arrangements of the Care Trust, and

(b) consult on the proposed designation in accordance with
regulations.

(1B) 5Where a body has been designated as a Care Trust under this section,
the body and the local authority must notify prescribed persons of the
designation.”

(3) Omit subsections (2) and (3) of that section.

(4) In subsection (4) of that section—

(a) 10for “The direction is that while the body is designated it” substitute “A
body designated as a Care Trust under this section”,

(b) for “specified in the direction” substitute “agreed”,

(c) for “so specified” substitute “so agreed”, and

(d) at the end insert “; and “agreed” means agreed by the body and the local
15authority”.

(5) For subsection (5) of that section substitute—

“(5) Where a body is designated as a Care Trust under this section, the body
and the local authority may jointly revoke that designation.

(5A) Before revoking a designation as a Care Trust under this section, the
20body and the local authority must consult on the proposed revocation
of the designation in accordance with regulations.

(5B) Where the designation of a body as a Care Trust under this section has
been revoked, the body and the local authority must notify prescribed
persons of the revocation.”

(6) 25After subsection (5B) of that section insert—

“(5C) Regulations under subsection (1A)(b) or (5A) may include provision
requiring a body and a local authority to publish prescribed
information following a consultation.”

(7) After subsection (5C) of that section insert—

“(5D) 30Where a duty is imposed by or by virtue of this section on a body and
a local authority, they may make arrangements for the function to be
discharged—

(a) by both of them acting jointly,

(b) by each of them acting separately, or

(c) 35by one of them acting on behalf of both of them.”

(8) Omit subsection (6) of that section.

(9) Omit subsection (7) of that section.

(10) In subsection (9) of that section—

(a) omit paragraph (a),

(b) 40omit paragraph (b),

(c) omit paragraph (c), and

(d) in paragraph (d), for “subsection (3)” substitute “subsection (4)”.

(11) In subsection (10) of that section, after “NHS trust” insert “or clinical
commissioning group or NHS foundation trust”.

(12) In subsection (12) of that section, in the definition of “NHS functions” after
“NHS trust” insert “or clinical commissioning group or NHS foundation trust”.

(13) 5Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an
NHS trust which has satisfied any requirement in relation to consultation
imposed by virtue of subsection (9) of section 77 of the National Health Service
Act 2006 before the commencement of those subsections.

(14) A Primary Care Trust or NHS trust which, after the commencement of
10subsection (5), has its designation as a Care Trust revoked must notify the
Secretary of State of that revocation.

(15) Despite the repeal of subsection (6) of section 77 of the National Health Service
Act 2006 by subsection (8), that subsection continues to have effect so far as it
applies to the revocation of designations—

(a) 15in relation to Primary Care Trusts, until the commencement of section
34, and

(b) in relation to NHS trusts, until the commencement of section 179.

CHAPTER 3 The Health Service Commissioner for England

201 Disclosure of reports etc. by the Health Service Commissioner

20In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the
Commissioner), after subsection (2H) insert—

“(2I) Where the Commissioner is required by this section to send a report or
statement of reasons to certain persons, the Commissioner may send
the report or statement to such other persons as the Commissioner
25thinks appropriate.”

Part 6 Primary care services

202 Medical services: minor amendments

(1) In section 86 of the National Health Service Act 2006 (persons eligible to enter
30into general medical services contracts), in subsection (3), in paragraphs (a)
and (b), before “legally and beneficially” insert “both”.

(2) In section 89 of that Act (general medical services contracts: required terms), in
subsection (3), for “may make” substitute “must make”.

(3) In section 93 of that Act (persons with whom arrangements may be made
35under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
beneficially” insert “both”.

203 Persons eligible to enter into general dental services contracts

(1) Section 102 of the National Health Service Act 2006 (persons eligible to enter
into general dental services contracts) is amended as follows.

(2) In subsection (1), in paragraph (c), for “individuals” substitute “persons”.

(3) 5After that subsection insert “,

(d) a limited liability partnership where the conditions in
subsection (2A) are satisfied.”

(4) In subsection (2), for paragraph (b) substitute—

“(b) subsection (3A) or (3B) applies.”

(5) 10After that subsection insert—

“(2A) The conditions referred to in subsection (1)(d) are that—

(a) at least one member is a dental practitioner, and

(b) subsection (3A) or (3B) applies.”

(6) After subsection (3) insert—

“(3A) 15This subsection applies if a partner or member who is a dental
practitioner, or who falls within subsection (3C), has the power to
secure that the partnership’s affairs are conducted in accordance with
that partner’s or member’s wishes.

(3B) This subsection applies if, in any combination of partners or members
20who, acting together, have the power (or who, if they were to act
together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
dental practitioner or a person who falls within subsection (3C).”

(7) After subsection (3B) insert—

“(3C) 25A person falls within this subsection if the person is—

(a) an NHS employee,

(b) a section 92 employee, section 107 employee, section 50
employee, section 64 employee, section 17C employee or Article
15B employee,

(c) 30a health care professional who is engaged in the provision of
services under this Act or the National Health Service (Wales)
Act 2006, or

(d) an individual falling within section 108(1)(d).”

204 Arrangements under section 107 of the National Health Service Act 2006

(1) 35Section 108 of the National Health Service Act 2006 (persons with whom
section 107 arrangements may be made) is amended as follows.

(2) In subsection (1)—

(a) before “make an agreement” insert “, subject to such conditions as may
be prescribed,”,

(b) 40in each of paragraphs (b) and (c), omit “who meets the prescribed
conditions”,

(c) for paragraph (f) substitute—

“(f) a dental corporation,”, and

(d) after paragraph (f) insert—

“(fa) a company limited by shares where the conditions in
subsection (1A) are satisfied,

(fb) a limited liability partnership where subsection (1B) or
5(1C) applies,”.

(3) After subsection (1) insert—

“(1A) The conditions referred to in subsection (1)(fa) are that—

(a) every person who owns a share in the company owns it both
legally and beneficially, and

(b) 10it is not possible for two or more members of the company who
are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
company on any matter on which members have such rights.”

(4) After subsection (1A) insert—

“(1B) 15This subsection applies if a member of the partnership who falls within
subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.

(1C) This subsection applies if, in any combination of members of the
partnership who, acting together, have the power (or who, if they were
20to act together, would have the power) to secure that the partnership’s
affairs are conducted in accordance with their wishes, at least one of
them falls within subsection (1)(a) to (e).”

(5) Omit subsection (2).

(6) In subsection (3)—

(a) 25at the appropriate place insert—

• ““dental corporation”” means a body corporate which is
  carrying on the business of dentistry in accordance with
  the Dentists Act 1984,”, and

(b) omit the definition of “qualifying body”.

205 30Payments in respect of costs of sight tests

(1) Section 180 of the National Health Service Act 2006 (payments in respect of
costs of optical appliances) is amended as follows.

(2) In subsection (3), before paragraph (a) insert—

“(za) provide for payments to be made by the Board to meet, or to
35contribute towards, any cost accepted by the Board as having
been incurred for the cost of a sight test of a person who—

(i) falls within section 115(2)(c), but

(ii) at the time of the test has not been issued with a notice
by the Secretary of State of entitlement to receive
40assistance in respect of the cost of a sight test (or has
been issued with such a notice but has yet to receive it),”.

(3) After that subsection insert—

“(3A) The amount of a payment by virtue of subsection (3)(za) or (a) must not
exceed the amount for the time being set in regulations under this

section as the applicable fee in the case in question for the provision of
the sight-testing service under section 115(1)(a).”

206 Pharmaceutical needs assessments

(1) In section 128A of the National Health Service Act 2006 (pharmaceutical needs
5assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary
Care Trust” substitute “Health and Wellbeing Board”.

(2) In section 24 of that Act (plans for improving health etc.), at the end of
subsection (8)(a) (but before the following “, and”) insert “(other than
pharmaceutical services or local pharmaceutical services)”.

(3) 10In section 24A of that Act (report on consultation), in subsection (2), for “Parts
4 to 7” substitute “Parts 4 to 6”.

(4) In section 242 of that Act (public involvement and consultation), in subsection
(1F), after “(1E),” insert “—

(a) health services” does not include pharmaceutical services or
15local pharmaceutical services, and

(b)”.

(5) In section 242A of that Act (Strategic Health Authorities: further duty to
involve users), at the end of subsection (2) add “; and for that purpose “health
services” does not include pharmaceutical services or local pharmaceutical
20services”.

207 Control of entry on pharmaceutical lists

(1) Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical lists) is amended as follows.

(2) In subsection (2), in paragraph (c)—

(a) 25for “must be granted if” substitute “may be granted only if”, and

(b) omit the words from “and may otherwise” to the end.

(3) After that subsection insert—

“(2ZA) The Board may not include the Secretary of State, or such other persons
as the regulations may prescribe, in a list prepared for the purposes of
30provision under subsection (2)(a).”

(4) In subsection (2A)—

(a) for “its needs statement” substitute “the needs statement for the
relevant area”, and

(b) for the words from “it is necessary” to the end substitute “to grant the
35application would—

“meet a need in that area for the services or some of the
services specified in the application, or

(b) secure improvements, or better access, to
pharmaceutical services in that area.”

(5) 40For subsection (2B) substitute—

“(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is
the area of the Health and Wellbeing Board which includes the

premises from which the application states that the applicant will
undertake to provide services.”

(6) In subsection (2C), for “(2B)” substitute “(2A)”.

(7) In subsection (4)(c), omit “or (2B)”.

(8) 5In subsection (6)(g)—

(a) after “grounds on which” insert “or circumstances in which”,

(b) before “may, or must,” insert “—

(i)”, and

(c) at the end insert “,

(ii) 10may, or must, remove a person or an entry in
respect of premises from a pharmaceutical list”.

(9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing
Board”.

(10) In section 130(2) of that Act (regulations about appeals from decisions on
15applications for inclusion in pharmaceutical list)—

(a) after “an application” insert “on grounds corresponding to the
conditions referred to in section 151(2), (3) or (4) as read with section
153”, and

(b) omit “(by way of redetermination)”.

(11) 20In section 136 of that Act (designation of priority neighbourhoods or
premises)—

(a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute
“relevant areas”, and

(b) after subsection (3) insert—

“(4) 25Relevant area” has the same meaning as in section 129(2A).”

(12) In Schedule 12 to that Act (provision of local pharmaceutical services under
LPS schemes), in paragraph 2—

(a) in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
substitute “relevant areas”, and

(b) 30after sub-paragraph (3) insert—

“(4) Relevant area” has the same meaning as in section 129(2A).”

208 Lists of performers of pharmaceutical services and assistants etc.

(1) Omit the following provisions of the National Health Service Act 2006—

(a) section 146 (lists of persons performing local pharmaceutical services)
35and the preceding cross-heading,

(b) section 149 (supplementary lists), and

(c) section 150 (further provision about supplementary lists).

(2) After section 147 of that Act insert—

“CHAPTER 4A Lists of performers of pharmaceutical services and assistants

147A Performers of pharmaceutical services and assistants

(1) Regulations may make provision for the preparation, maintenance and
5publication by the Board of one or more lists of—

(a) persons approved by the Board for the purpose of assisting in
the provision of pharmaceutical services which the Board
arranges;

(b) persons approved by the Board for the purpose of performing
10local pharmaceutical services.

(2) The regulations may, in particular, provide that—

(a) a person of a prescribed description may not assist in the
provision of pharmaceutical services which the Board arranges
unless the person is included in a list prepared by virtue of
15subsection (1)(a),

(b) a person of a prescribed description may not perform local
pharmaceutical services unless the person is included in a list
prepared by virtue of subsection (1)(b).

(3) The regulations may, in particular, also include provision as to—

(a) 20the preparation, maintenance and publication of a list,

(b) eligibility for inclusion in a list,

(c) applications for inclusion (including provision for the
procedure for applications and the documents to be supplied on
application, whether by the applicant or by arrangement with
25the applicant),

(d) the grounds on which an application for inclusion may or must
be granted or refused or on which a decision on such an
application may be deferred,

(e) requirements with which a person included in a list must
30comply (including the declaration of financial interests and gifts
and other benefits),

(f) the grounds on which the Board may or must suspend or
remove a person from a list, the procedure for doing so, and the
consequences of doing so,

(g) 35circumstances in which a person included in a list may not
withdraw from it,

(h) payments to or in respect of a person suspended from a list
(including provision for the amount of the payment, or the
method of calculating it, to be determined by the Secretary of
40State or a person appointed by the Secretary of State),

(i) the supply to the Board by an applicant for inclusion in a list, or
by a person included in a list, of a criminal conviction certificate
under section 112 of the Police Act 1997, a criminal record
certificate under section 113 of that Act or an enhanced criminal
45record certificate under section 115 of that Act,

(j) the criteria to be applied in making decisions under the
regulations,