Health and Care Bill (HL Bill 71)

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health and Social Care,
have been ordered to be published as HL Bill 71—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Kamall 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 Care Bill are compatible with the Con
vention rights.

Contents

  1. Part 1

    Health service in England: integration, collaboration and other changes

    1. NHS England

      1. 1.NHS Commissioning Board renamed NHS England

      2. 2.Power to require commissioning of specialised services

      3. 3.NHS England mandate: general

      4. 4.NHS England mandate: cancer outcome targets

      5. 5.NHS England: wider effect of decisions

      6. 6.Public involvement: carers and representatives

      7. 7.Support and assistance by NHS England

      8. 8.Exercise of functions relating to provision of services

      9. 9.Preparation of consolidated accounts for providers

      10. 10.Funding for service integration

      11. 11.Payments in respect of quality

      12. 12.Secondments to NHS England

    2. Integrated care boards

      1. 13.Role of integrated care boards

      2. 14.Establishment of integrated care boards

      3. 15.People for whom integrated care boards have responsibility

    3. Integrated care boards: functions

      1. 16.Commissioning hospital and other health services

      2. 17.Commissioning primary care services etc

      3. 18.Transfer schemes in connection with transfer of primary care functions

      4. 19.Commissioning arrangements: conferral of discretions

      5. 20.General functions

    4. Integrated care partnerships

      1. 21.Integrated care partnerships and strategies

    5. Integrated care system: financial controls

      1. 22.NHS England’s financial responsibilities

      2. 23.Expansion of NHS England’s duties in respect of expenditure

      3. 24.Financial responsibilities of integrated care boards and their partners

      4. 25.Expansion of financial duties of integrated care boards and their partners

    6. Integrated care system: reviews and further amendments

      1. 26.Care Quality Commission reviews etc of integrated care system

      2. 27.Integrated care system: further amendments

    7. Merger of NHS bodies etc

      1. 28.Abolition of Monitor and transfer of functions to NHS England

      2. 29.Exercise by NHS England of new regulatory functions

      3. 30.Modification of standard licence conditions

      4. 31.Abolition of NHS Trust Development Authority

      5. 32.Merger of bodies: consequential amendment

      6. 33.Transfer schemes in connection with abolished bodies

      7. 34.Transfer schemes under section : taxation

    8. Secretary of State's functions

      1. 35.Report on assessing and meeting workforce needs

      2. 36.Arrangements for exercise of public health functions

      3. 37.Power of direction: public health functions

      4. 38.Power of direction: investigation functions

      5. 39.General power to direct NHS England

      6. 40.Reconfiguration of services: intervention powers

    9. NHS trusts

      1. 41.NHS trusts in England

      2. 42.Removal of power to appoint trust funds and trustees

      3. 43.Sections and : consequential amendments

      4. 44.Licensing of NHS trusts

      5. 45.NHS trusts: wider effect of decisions

      6. 46.Oversight and support of NHS trusts

      7. 47.Directions to NHS trusts

      8. 48.Recommendations about restructuring of NHS trusts

      9. 49.Intervention in NHS trusts

      10. 50.NHS trusts: conversion to NHS foundation trusts and dissolution

      11. 51.Appointment of chair of NHS trusts

      12. 52.Financial objectives for NHS trusts

    10. NHS foundation trusts

      1. 53.Licensing of NHS foundation trusts

      2. 54.Capital spending limits for NHS foundation trusts

      3. 55.Accounts, reports and forward plans

      4. 56.NHS foundation trusts: joint exercise of functions

      5. 57.NHS foundation trusts: mergers, acquisitions and separations

      6. 58.Transfers on dissolution of NHS foundation trusts

      7. 59.NHS foundation trusts: wider effect of decisions

    11. NHS trusts and NHS foundation trusts

      1. 60.Transfer schemes between trusts

      2. 61.Trust special administrators

    12. Joint working and delegation of functions

      1. 62.Joint working and delegation arrangements

      2. 63.References to functions: treatment of delegation arrangements etc

    13. Collaborative working

      1. 64.Repeal of duties to promote autonomy

      2. 65.Guidance about joint appointments

      3. 66.Co-operation by NHS bodies etc

      4. 67.Wider effect of decisions: licensing of health care providers

    14. NHS payment scheme

      1. 68.The NHS payment scheme

    15. Patient choice and provider selection

      1. 69.Regulations as to patient choice

      2. 70.Procurement regulations

      3. 71.Procurement and patient choice: consequential amendments etc

    16. Competition

      1. 72.Duty to provide assistance to the CMA

      2. 73.Mergers of providers: removal of CMA powers

      3. 74.Removal of functions relating to competition etc

      4. 75.Removal of CMA’s involvement in licensing etc

    17. Miscellaneous

      1. 76.Special Health Authorities: removal of 3 year limit

      2. 77.Tidying up etc provisions about accounts of certain NHS bodies

      3. 78.Repeal of spent powers to make transfer schemes etc

      4. 79.Abolition of Local Education and Training Boards

      5. 80.Hospital patients with care and support needs: repeals etc

  2. Part 2

    Health and adult social care: information

    1. 81.Information standards

    2. 82.Sharing anonymous health and social care information

    3. 83.General duties of the Health and Social Care Information Centre etc

    4. 84.Collection of information from private health care providers

    5. 85.Collection of information about adult social care

    6. 86.Enforcement of duties against private providers

    7. 87.Medicine information systems

  3. Part 3

    Secretary of State's powers to transfer or delegate functions

    1. 88.Relevant bodies

    2. 89.Power to transfer functions between bodies

    3. 90.Power to provide for exercise of functions of Secretary of State

    4. 91.Scope of powers

    5. 92.Transfer schemes in connection with regulations

    6. 93.Transfer schemes: taxation

    7. 94.Consultation on draft regulations

  4. Part 4

    The Health Services Safety Investigations Body

    1. Introductory

      1. 95.Establishment of the HSSIB

    2. Investigations

      1. 96.Investigation of incidents with safety implications

      2. 97.Deciding which incidents to investigate

      3. 98.Criteria, principles and processes

    3. Reports

      1. 99.Final reports

      2. 100.Interim reports

      3. 101.Draft reports

      4. 102.Response to reports

      5. 103.Admissibility of reports

    4. Investigatory powers etc

      1. 104.Powers of entry, inspection and seizure

      2. 105.Powers to require information etc

      3. 106.Voluntary provision of information etc

      4. 107.Offences relating to investigations

    5. Protection of material held by the HSSIB

      1. 108.Prohibition on disclosure of HSSIB material

      2. 109.Exceptions to prohibition on disclosure

      3. 110.Offences of unlawful disclosure

      4. 111.Restriction of statutory powers requiring disclosure

    6. Relationship with other bodies

      1. 112.Co-operation

      2. 113.Assistance of NHS bodies

      3. 114.Investigations relating to Wales and Northern Ireland

    7. Oversight of functions

      1. 115.Failure to exercise functions

      2. 116.Review

    8. Offences: supplementary

      1. 117.Offences by bodies corporate

      2. 118.Offences by partnerships

    9. Supplementary

      1. 119.Obligations of confidence etc

      2. 120.Consequential amendments relating to Part 4

      3. 121.Interpretation of Part 4

  5. Part 5

    Virginity testing offences

    1. Virginity testing offences: England and Wales

    2. 122.Offence of virginity testing: England and Wales

    3. 123.Offence of offering to carry out virginity testing: England and Wales

    4. 124.Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales

    5. 125.Virginity testing offences in England and Wales: penalties

    6. Virginity testing offences: Scotland

    7. 126.Offence of virginity testing: Scotland

    8. 127.Offence of offering to carry out virginity testing: Scotland

    9. 128.Offence of aiding or abetting etc a person to carry out virginity testing: Scotland

    10. 129.Virginity testing offences in Scotland: penalties and supplementary

    11. Virginity testing offences: Northern Ireland

    12. 130.Offence of virginity testing: Northern Ireland

    13. 131.Offence of offering to carry out virginity testing: Northern Ireland

    14. 132.Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland

    15. 133.Virginity testing offences in Northern Ireland: penalties

    16. Consequential amendments

    17. 134.Virginity testing: consequential amendments

  6. Part 6

    Miscellaneous

    1. Pharmaceutical Services

    2. 135.Pharmaceutical services: remuneration in respect of vaccines etc

    3. International healthcare

      1. 136.International healthcare arrangements

    4. Social care

    5. 137.Regulation of local authority functions relating to adult social care

    6. 138.Default powers of Secretary of State in relation to adult social care

    7. 139.Care Quality Commission’s powers in relation to local authority failings

    8. 140.Cap on care costs for charging purposes

    9. Social care: regulation and financial assistance

      1. 141.Provision of social care services: financial assistance

    10. Professional regulation

      1. 142.Regulation of health care and associated professions

    11. Medical examiners

      1. 143.Medical examiners

    12. Food and drink

      1. 144.Advertising of less healthy food and drink

      2. 145.Hospital food standards

      3. 146.Food information for consumers: power to amend retained EU law

    13. Fluoridation of water supplies

      1. 147.Fluoridation of water supplies

      2. 148.Fluoridation of water supplies: transitional provision

  7. Part 7

    General

    1. 149.Power to make consequential provision

    2. 150.Regulations

    3. 151.Financial provision

    4. 152.Extent

    5. 153.Commencement

    6. 154.Short title

    1. Schedule 1

      Renaming of NHS Commissioning Board

    2. Schedule 2

      Integrated care boards: constitution etc

    3. Schedule 3

      Conferral of primary care functions on integrated care boards etc

      1. Part 1

        Conferral of functions etc

      2. Part 2

        Consequential amendments

    4. Schedule 4

      Integrated care system: minor and consequential amendments

    5. Schedule 5

      Abolition of Monitor and transfer of its functions

    6. Schedule 6

      Intervention powers over the reconfiguration of NHS services

    7. Schedule 7

      NHS trusts in England and removal of power to appoint trustees: consequential amendments

    8. Schedule 8

      Trust special administrators: NHS trusts and NHS foundation trusts

      1. Part 1

        Amendments about trust special administrators

      2. Part 2

        Consequential amendments

    9. Schedule 9

      References to functions: treatment of delegation arrangements etc

    10. Schedule 10

      The NHS payment scheme

    11. Schedule 11

      Patient choice: undertakings by integrated care boards

    12. Schedule 12

      Removal of functions relating to competition etc

    13. Schedule 13

      The Health Services Safety Investigations Body

      1. Part 1

        Constitution

      2. Part 2

        Transfer schemes

    14. Schedule 14

      Prohibition on disclosure of HSSIB material: exceptions

    15. Schedule 15

      Consequential amendments relating to Part 4

    16. Schedule 16

      Virginity testing: consequential amendments

    17. Schedule 17

      Advertising of less healthy food and drink

      1. Part 1

        Programme services: watershed

      2. Part 2

        Online services: prohibition

      3. Part 3

        Consequential amendments