House of Lords Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

14

“(b)
the continued provision of such of the services provided for

the purposes of the NHS by any affected trust at such level,

as the commissioners of those services determine.”

(14)
After subsection 1(b) omit “(b)” and insert “(c)”.

(15)
In subsection (2) after “The commissioners” insert “of the trust in special

administration and any affected trust”.

(16)
In subsection (4) after “the commissioners” insert “of the trust in special

administration and any affected trust”.

(17)
In subsection (9) after ““commissioners” means the person to which the

trust provides services under this Act” insert “and the commissioners of

services at any affected trust”.

(18)
In section 65F of that Act (administrator’s draft report) insert—

“(2E)
Where the administrator is considering recommending taking

action in relation to another NHS foundation trust or an NHS trust

which may become an affected trust, the administrator shall engage

with the commissioners of services at any such NHS foundation

trust or NHS trust in order to enable those commissioners to make

decisions pursuant to the matters set out in section 65DA.”

(19)
In section 65I(1) of that Act (final report)—

(a)
after “action which the administrator recommends that the

Secretary of State” insert “or the commissioners of any affected

trust”; and

(b)
after “should take in relation to the trust” insert “or any affected

trust”.”

(20)
After section 65K(2) of that Act (Secretary of State’s decision) insert—

“(3)
Where the final report contains recommendations for changes to be

made to services provided by an affected trust, the commissioners

of services at that affected trust shall make a decision within 20

working days whether they wish to undertake public and patient

involvement regarding all or any of the recommendations and, if

they are so minded, shall comply with any arrangements for patient

and public involvement agreed by those commissioners under this

Act before making any final decision concerning the said

recommendations.”

(21)
After section 65KA(6) of that Act (regulator’s decision in case of NHS

foundation trust) insert—

“(7)
Where the final report contains recommendations for changes to be

made to services provided by an affected trust, the commissioners

of those services shall make a decision within 20 working days

whether they wish to undertake public and patient involvement

regarding all or any of the recommendations and, if they are so

minded, shall comply with any arrangements for patient and public

involvement agreed by those commissioners under this Act before

making any final decision concerning the said recommendations.”

15

(22)
In section 65KB(1)(d) of that Act (Secretary of State’s response to

regulator’s decision) after “that” insert “to the extent that the report

recommends action in relation to the trust in administration”.

(23)
In subsection (2)(a) of that section after “decision” insert “in relation to any

recommendations made in relation to the trust in administration”.

(24)
In section 65O of that Act (interpretation of this Chapter) add—

“(4)
In this Chapter “affected trust” means—

(a)
where the trust in question is an NHS trust, another NHS

trust, or an NHS foundation trust, which provides goods or

services under this Act that would be affected by the action

recommended in the draft report; and

(b)
where the trust in question is an NHS foundation trust,

another NHS foundation trust, or an NHS trust, which

provides services under this Act that would be affected by

the action recommended in the draft report.”.

(25)
In section 13Q(4) of that Act (public involvement and consultation by the

Board), at the end insert “save to the extent required by section 65K(3) or

65KA(7)”.

(26)
In section 14Z2(7) of that Act (public involvement and consultation by

clinical commissioning groups), at the end insert “save to the extent

required by section 65K(3) or 65KA(7)”.

(27)
In section 242(6)(b) of that Act (public involvement and consultation), at

the end insert “save to the extent required by section 65K(3) or 65KA(7)”.”
After Clause 118
44
Insert the following new Clause—

“Integration of care and support with health services etc: integration fund

(1)
At the end of section 223B of the National Health Service Act 2006 (funding

of the National Health Service Commissioning Board) insert—

“(6)
Where the mandate specifies objectives relating to service

integration, the requirements that may be specified under section

13A(2)(b) include such requirements relating to the use by the

Board of an amount of the sums paid to it under this section as the

Secretary of State considers it necessary or expedient to impose.

(7)
The amount referred to in subsection (6)—

(a)
is to be determined in such manner as the Secretary of State

considers appropriate, and

(b)
must be specified in the mandate.

(8)
The reference in subsection (6) to service integration is a reference

to the integration of the provision of health services with the

provision of health-related services or social care services, as

referred to in sections 13N and 14Z1.”

(2)
After section 223G of that Act (meeting expenditure of clinical

commissioning groups out of public funds) insert—

16

“223GA
Expenditure on integration

(1)
Where the mandate includes a requirement in reliance on section

223B(6) (requirements relating to use by the Board of an amount

paid to the Board where mandate specifies service integration

objectives), the Board may direct a clinical commissioning group

that an amount (a “designated amount”) of the sums paid to the

group under section 223G is to be used for purposes relating to

service integration.

(2)
The designated amount is to be determined—

(a)
where the mandate includes a requirement (in reliance on

section 223B(6)) that designated amounts are to be

determined by the Board in a manner specified in the

mandate, in that manner;

(b)
in any other case, in such manner as the Board considers

appropriate.

(3)
The conditions under section 223G(7) subject to which the payment

of a designated amount is made must include a condition that the

group transfers the amount into one or more funds (“pooled

funds”) established under arrangements under section 75(2)(a)

(“pooling arrangements”).

(4)
The conditions may also include—

(a)
conditions relating to the preparation and agreement by the

group and each local authority and other clinical

commissioning group that is party to the pooling

arrangements of a plan for how to use the designated

amount (a “spending plan”);

(b)
conditions relating to the approval of a spending plan by the

Board;

(c)
conditions relating to the inclusion of performance

objectives in a spending plan;

(d)
conditions relating to the meeting of any performance

objectives included in a spending plan or specified by the

Board.

(5)
Where a condition subject to which the payment of a designated

amount is made is not met, the Board may—

(a)
withhold the payment (in so far as it has not been made);

(b)
recover the payment (in so far as it has been made);

(c)
direct the clinical commissioning group as to the use of the

designated amount for purposes relating to service

integration or for making payments under section 256.

(6)
Where the Board withholds or recovers a payment under

subsection (5)(a) or (b)—

(a)
it may use the amount for purposes consistent with such

objectives and requirements relating to service integration

as are specified in the mandate, and

(b)
in so far as the exercise of the power under paragraph (a)

involves making a payment to a different clinical

commissioning group or some other person, the making of

17

the payment is subject to such conditions as the Board may

determine.

(7)
The requirements that may be specified in the mandate in reliance

on section 223B(6) include requirements to consult the Secretary of

State or other specified persons before exercising a power under

subsection (5) or (6).

(8)
The power under subsection (5)(b) to recover a payment may be

exercised in a financial year after the one in respect of which the

payment was made.

(9)
The payments that may be made out of a pooled fund into which a

designated amount is transferred include payments to a local

authority which is not party to the pooling arrangements in

question in connection with the exercise of its functions under Part

1 of the Housing Grants, Construction and Regeneration Act 1996

(disabilities facilities grants).

(10)
In exercising a power under this section, the Board must have

regard to the extent to which there is a need for the provision of

each of the following—

(a)
health services (see subsection (12)),

(b)
health-related services (within the meaning given in section

14Z1), and

(c)
social care services (within the meaning given in that

section).

(11)
A reference in this section to service integration is a reference to the

integration of the provision of health services with the provision of

health-related services or social care services, as referred to in

sections 13N and 14Z1.

(12)
“Health services” means services provided as part of the health

service in England.”.”
45
Insert the following new Clause—

“The Health and Social Care Information Centre: restrictions on dissemination

of information

(1)
Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and

Social Care Information Centre) is amended as follows.

(2)
In section 253(1) (general duties), after paragraph (c) (but before the “and”

after it) insert—

“(ca)
the need to respect and promote the privacy of recipients of

health services and of adult social care in England,”.

(3)
In section 261 (other dissemination of information), after subsection (1)

insert—

“(1A)
But the Information Centre may do so only if it considers that

disseminating the information would be for the purposes of—

(a)
the provision of health care or adult social care, or

(b)
the promotion of health.”

18

(4)
After section 262 insert—

“262A
Publication and other dissemination: supplementary

In exercising any function under this Act of publishing or otherwise

disseminating information, the Information Centre must have regard to

any advice given to it by the committee appointed by the Health Research

Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014

(committee to advise in connection with information dissemination etc).””
45A
[Withdrawn]
45B
[Re-tabled as Amendment 45F]

LORD TURNBERG

[As an amendment to Commons Amendment 45]
45C
Leave out line 15 and insert—

“(b)
biomedical and health research.”

LORD HUNT OF KINGS HEATH

[As an amendment to Commons Amendment 45]
45D
Line 15, at end insert—

“(1B)
Regulations must provide for the circumstances in which information for

the promotion of health can be disseminated.”
45E
Lord Owen to move, as an amendment to the motion that this House do agree

with the Commons in their Amendment 45, at end insert “and do propose

Amendment 45F as a consequential amendment”.
After Clause 118
45F
Insert the following new Clause—

“The Oversight Panel

(1)
There shall be a body corporate to be known as the Independent

Information Governance Oversight Panel for Health and Social Care

(referred to in this section as “the Oversight Panel”).

(2)
The main duty of the Oversight Panel shall be to provide independent

advice on all matters relating to the processing of relevant information in

relation to health and adult social care.

(3)
In exercising its main duty, the Oversight Panel shall—

(a)
provide advice and make recommendations and proposals on such

processing to the Secretary of State, and report annually; and

(b)
provide advice on such processing to any other person in relation

to health and adult social care.

19

(4)
Any person or body who is advised by the Oversight Panel pursuant to this

section shall have regard to that advice.

(5)
The Secretary of State and the Board (“NHS England”) when making

directions under section 254(1), and regulations under section 267, must

seek and have regard to the advice of the Oversight Panel.

(6)
The Secretary of State or, as the case may be, NHS England must lay before

Parliament a response to the advice given by the Oversight Panel under

subsection (5).

(7)
The Secretary of State may by regulations make provision about the

Oversight Panel relating, in particular, to appointment of the chair and

other members, terms of appointment, establishment and membership of

committees or sub-committees, its proceedings and payment of

remuneration, allowances and expenses.

(8)
The Health and Social Care Information Centre (Establishment of

Information Systems for NHS Services: Collection and Analysis of Primary

Care Data) Directions 2013 and The Health and Social Care Information

Centre (Establishment of Information Systems for NHS Services: Data

Services for Commissioners) Directions 2013 are revoked.”
Clause 121
46
Page 105, line 6, at end insert—

“(ia)
regulations under section (Part 1 appeals) which include provision

that amends or repeals a provision of an Act of Parliament.”
46A
Earl Howe to move, That this House do disagree with the Commons in their

Amendment 46 but do propose Amendments 46B to 46E in lieu—
46B
Page 105, line 6, at end insert—

“(ia)
the first regulations under section (Part 1 appeals) (Part 1 appeals);

(ib)
subsequent regulations under that section which include provision

that amends or repeals a provision of an Act of Parliament, or

provides for a provision of an Act of Parliament to apply with

modifications;”
46C
Page 104, line 41, after “Parliament” insert “, or provides for a provision of an Act

of Parliament to apply with modifications”
46D
Page 105, line 11, after “Parliament” insert “, or provides for a provision of an Act

of Parliament to apply with modifications”
46E
Page 105, line 13, at end insert—

“(4A)
Subsection (4) does not apply to a statutory instrument which contains

regulations or an order within paragraph (e), (ib) or (l) of that subsection, if

the regulations or order are within the paragraph in question only because

they include provision that applies an Act of Parliament with modifications

for the purpose of making saving, transitional or transitory provision.”
Clause 123
47
Page 106, line 15, leave out “3” and insert “4”



© Parliamentary copyright	Revised 7 May 2014