National Health Service Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

National Health Service Bill [HL]

National Health Service Bill [HL]
Part 13 — Miscellaneous
152

(5)
In this section and Schedule 17 “relevant body” means a body in respect of
which overview and scrutiny committees exercise functions under regulations
under section 244.
247
Application to the City of London
(1)
The Common Council may establish a committee which has, in relation to the
5
City of London, the powers which under section 21(2)(f) of the Local
Government Act 2000 a local authority’s overview and scrutiny committee has
in relation to the authority’s area.
(2)
Sections 244(2) to (4), 245 and 246 (and Schedule 17 to this Act and Schedule 11
to the National Health Service (Wales) Act 2006 (c. 00)) apply as if such a
10
committee were an overview and scrutiny committee and as if the Common
Council were a London borough council.
(3)
Section 21 of the Local Government Act 2000 applies as if such a committee
were an overview and scrutiny committee and as if the Common Council were
a local authority, but with the omission—
15
(a)
of subsections (1) to (3), (5) and (9),
(b)
in subsection (8), of “Executive”,
(c)
in subsection (11), of paragraph (b), and
(d)
in subsection (13)(a), of the reference to members of the executive.
(4)
In the provisions applied by subsections (2) and (3), references to functions
20
under any provision of section 21(2) of the 2000 Act are, in the case of the
committee established under subsection (1), references to its functions under
that subsection.
(5)
“The Common Council” means the Common Council of the City of London.
Part 13
25
Miscellaneous
Independent advocacy services
248
Independent advocacy services
(1)
The Secretary of State must arrange, to such extent as he considers necessary to
meet all reasonable requirements, for the provision of independent advocacy
30
services.
(2)
“Independent advocacy services” are services providing assistance (by way of
representation or otherwise) to individuals making or intending to make—
(a)
a complaint under a procedure operated by a health service body or
independent provider,
35
(b)
a complaint under section 113(1) or (2) of the Health and Social Care
(Community Health and Standards) Act 2003 (c. 43),
(c)
a complaint to the Health Service Commissioner for England or the
Public Services Ombudsman for Wales,
(d)
a complaint of a prescribed description which relates to the
40
provision of services as part of the health service and—
(i)
is made under a procedure of a prescribed description, or

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153

(ii)
gives rise, or may give rise, to proceedings of a prescribed
description.
(3)
In subsection (2)—
“health service body” means—
(a)
in relation to England, a body which, under section 2(1) of the
5
Health Service Commissioners Act 1993 (c. 46), is subject to
investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a Welsh health service body (within the
meaning of the Public Services Ombudsman (Wales) Act 2005
(c. 10)),
10
“independent provider” means—
(a)
in relation to England, a person who, under section 2B(1) of the
Health Service Commissioners Act 1993, is subject to
investigation by the Health Service Commissioner for England,
(b)
in relation to Wales, a person who is an independent provider
15
in Wales (within the meaning of the Public Services
Ombudsman (Wales) Act 2005).
(4)
The Secretary of State may make such other arrangements as he considers
appropriate for the provision of assistance to individuals in connection with
complaints relating to the provision of services as part of the health service.
20
(5)
In making arrangements under this section the Secretary of State must have
regard to the principle that the provision of services under the arrangements
should, so far as practicable, be independent of any person who is—
(a)
the subject of a relevant complaint, or
(b)
involved in investigating or adjudicating on such a complaint.
25
(6)
The Secretary of State may make payments to any person in pursuance of
arrangements under this section.
(7)
The Secretary of State may direct a Patients’ Forum established for a Primary
Care Trust to exercise any of his functions under this section so far as they
relate to independent advocacy services provided to—
30
(a)
persons in the area of the Primary Care Trust, or
(b)
persons to whom services have been provided by or under
arrangements with the Primary Care Trust.
(8)
If the Secretary of State does so—
(a)
the functions of that Patients’ Forum must be taken to include those
35
functions, but
(b)
the Patients’ Forum may not make any arrangements with itself under
this section.
Joint working with the prison service
249
Joint working with the prison service
40
(1)
In exercising their respective functions, NHS bodies (on the one hand) and the
prison service (on the other) must co-operate with one another with a view to
improving the way in which those functions are exercised in relation to
securing and maintaining the health of prisoners.

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(2)
The Secretary of State may by regulations make provision for or in connection
with enabling prescribed NHS bodies (on the one hand) and the prison service
(on the other) to enter into prescribed arrangements in relation to the exercise
of—
(a)
prescribed functions of the NHS bodies, and
5
(b)
prescribed health-related functions of the prison service,

if the arrangements are likely to lead to an improvement in the way in which
those functions are exercised in relation to securing and maintaining the health
of prisoners.
(3)
The arrangements which may be prescribed include arrangements—
10
(a)
for or in connection with the establishment and maintenance of a
fund—
(i)
which is made up of contributions by one or more NHS bodies
and by the prison service, and
(ii)
out of which payments may be made towards expenditure
15
incurred in the exercise of both prescribed functions of the NHS
body or bodies and prescribed health-related functions of the
prison service,
(b)
for or in connection with the exercise by an NHS body on behalf of
the prison service of prescribed health-related functions of the prison
20
service in conjunction with the exercise by the NHS body of prescribed
functions of the NHS body,
(c)
for or in connection with the exercise by the prison service on behalf of
an NHS body of prescribed functions of the NHS body in
conjunction with the exercise by the prison service of prescribed
25
health-related functions of the prison service,
(d)
as to the provision of staff, goods or services in connection with any
arrangements mentioned in paragraph (a), (b) or (c),
(e)
as to the making of payments by the prison service to an NHS body in
connection with any arrangements mentioned in paragraph (b),
30
(f)
as to the making of payments by an NHS body to the prison service in
connection with any arrangements mentioned in paragraph (c).
(4)
Any arrangements made by virtue of this section do not affect the liability of
NHS bodies, or of the prison service, for the exercise of any of their functions.
(5)
“The prison service” means the Minister of the Crown exercising functions in
35
relation to prisons (within the meaning of the Prison Act 1952 (c. 52)); and
“Minister of the Crown” has the same meaning as in the Ministers of the Crown
Act 1975.
Standing advisory committees
250
Secretary of State’s standing advisory committees
40
(1)
The Secretary of State may by order establish standing advisory committees for
the purpose of advising him on such of the services provided under this Act as
may be specified in the order.
(2)
A standing advisory committee consists of persons appointed by the Secretary
of State after consultation with such representative organisations as he
45
recognises for the purpose.

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(3)
A standing advisory committee must advise the Secretary of State—
(a)
on such matters relating to the services with which the committee is
concerned as it considers appropriate, and
(b)
on any questions referred to it by the Secretary of State relating to those
services.
5
(4)
Schedule 19 makes further provision about standing advisory committees.
Patient information
251
Control of patient information
(1)
The Secretary of State may by regulations make such provision for and in
connection with requiring or regulating the processing of prescribed patient
10
information for medical purposes as he considers necessary or expedient—
(a)
in the interests of improving patient care, or
(b)
in the public interest.
(2)
Regulations under subsection (1) may, in particular, make provision—
(a)
for requiring prescribed communications of any nature which contain
15
patient information to be disclosed by health service bodies in
prescribed circumstances—
(i)
to the person to whom the information relates,
(ii)
(where it relates to more than one person) to the person to
whom it principally relates, or
20
(iii)
to a prescribed person on behalf of any such person as is
mentioned in sub-paragraph (i) or (ii),

in such manner as may be prescribed,
(b)
for requiring or authorising the disclosure or other processing of
prescribed patient information to or by persons of any prescribed
25
description subject to compliance with any prescribed conditions
(including conditions requiring prescribed undertakings to be obtained
from such persons as to the processing of such information),
(c)
for securing that, where prescribed patient information is processed
by a person in accordance with the regulations, anything done by him
30
in so processing the information must be taken to be lawfully done
despite any obligation of confidence owed by him in respect of it,
(d)
for creating offences punishable on summary conviction by a fine not
exceeding level 5 on the standard scale or such other level as is
prescribed or for creating other procedures for enforcing any
35
provisions of the regulations.
(3)
Subsections (1) and (2) are subject to subsections (4) to (7).
(4)
Regulations under subsection (1) may not make provision requiring the
processing of confidential patient information for any purpose if it would be
reasonably practicable to achieve that purpose otherwise than pursuant to
40
such regulations, having regard to the cost of and the technology available for
achieving that purpose.
(5)
Where regulations under subsection (1) make provision requiring the
processing of prescribed confidential patient information, the Secretary of
State—
45

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(a)
must, at any time within the period of one month beginning on each
anniversary of the making of such regulations, consider whether any
such provision could be included in regulations made at that time
without contravening subsection (4), and
(b)
if he determines that any such provision could not be so included, must
5
make further regulations varying or revoking the regulations made
under subsection (1) to such extent as he considers necessary in order
for the regulations to comply with that subsection.
(6)
Regulations under subsection (1) may not make provision for requiring the
processing of confidential patient information solely or principally for the
10
purpose of determining the care and treatment to be given to particular
individuals.
(7)
Regulations under this section may not make provision for or in connection
with the processing of prescribed patient information in a manner inconsistent
with any provision made by or under the Data Protection Act 1998 (c 29).
15
(8)
Subsection (7) does not affect the operation of provisions made under
subsection (2)(c).
(9)
Before making any regulations under this section the Secretary of State must,
to such extent as he considers appropriate in the light of the requirements of
section 252, consult such bodies appearing to him to represent the interests of
20
those likely to be affected by the regulations as he considers appropriate.
(10)
In this section “patient information” means—
(a)
information (however recorded) which relates to the physical or
mental health or condition of an individual, to the diagnosis of his
condition or to his care or treatment, and
25
(b)
information (however recorded) which is to any extent derived,
directly or indirectly, from such information,

whether or not the identity of the individual in question is ascertainable from
the information.
(11)
For the purposes of this section, patient information is “confidential patient
30
information” where—
(a)
the identity of the individual in question is ascertainable—
(i)
from that information, or
(ii)
from that information and other information which is in the
possession of, or is likely to come into the possession of, the
35
person processing that information, and
(b)
that information was obtained or generated by a person who, in the
circumstances, owed an obligation of confidence to that individual.
(12)
In this section “medical purposes” means the purposes of any of—
(a)
preventative medicine, medical diagnosis, medical research, the
40
provision of care and treatment and the management of health and
social care services, and
(b)
informing individuals about their physical or mental health or
condition, the diagnosis of their condition or their care and treatment.
(13)
In this section—
45
“health service body” means any body (including a government
department) or person engaged in the provision of the health service

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that is prescribed, or of a description prescribed, for the purposes of this
definition,
“processing”, in relation to information, means the use, disclosure or
obtaining of the information or the doing of such other things in
relation to it as may be prescribed for the purposes of this definition.
5
252
Patient Information Advisory Group
(1)
For the purposes of subsections (2) and (3), there continues to be a committee
known as the Patient Information Advisory Group (“the Advisory Group”).
(2)
Before laying before Parliament a draft of any statutory instrument containing
regulations under section 251(1), or making any regulations pursuant to
10
section 251(5)(b), the Secretary of State must seek and have regard to the views
of the Advisory Group on the proposed regulations.
(3)
The Secretary of State may seek the views of the Advisory Group on such other
matters connected with the processing of patient information or of any
information (other than patient information) obtained or generated in the
15
course of the provision of the health service as he considers appropriate.
(4)
The Secretary of State may by regulations make provision about the Advisory
Group and the regulations may, in particular, make provision as to—
(a)
the persons or bodies who are to be represented by members of the
Advisory Group,
20
(b)
the terms of appointment of members,
(c)
the proceedings of the Advisory Group, and
(d)
the payment by the Secretary of State of—
(i)
such expenses incurred by the Advisory Group, and
(ii)
such allowances in respect of expenses incurred by members of
25
the Advisory Group,

as he may determine.
(5)
The Secretary of State must publish, in such manner as he considers
appropriate, any views which he receives from the Advisory Group pursuant
to subsection (2).
30
(6)
In this section “the health service”, “patient information” and “processing”
have the meaning given by section 251.
Emergency powers
253
Emergency powers
(1)
The Secretary of State may give directions under this section if he considers
35
that by reason of an emergency it is necessary to do so in order to ensure that
a service falling to be provided under or by virtue of this Act is provided.
(2)
Directions under this section may direct that, during the period specified by
the directions, a function conferred on any body or person under or by virtue
of this Act is to the exclusion of or concurrently with that body or person to be
40
performed by another body or person.
(3)
The powers conferred on the Secretary of State by this section are in addition
to any other powers exercisable by him.

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(4)
The references in this section to this Act do not include a reference to Chapter
5 of Part 2 (NHS foundation trusts).
Local social services authorities
254
Local social service authorities
(1)
Subject to paragraphs (d) and (e) of section 3(1), the services described in
5
Schedule 20 in relation to—
(a)
care of mothers,
(b)
prevention, care and after-care,
(c)
home help and laundry facilities,

are functions exercisable by local social services authorities.
10
(2)
A local social services authority which provides premises, furniture or
equipment for any of the purposes of this Act may permit the use of the
premises, furniture or equipment by—
(a)
any other local social services authority,
(b)
any of the bodies established under this Act, or
15
(c)
a local education authority.
(3)
The permission may be on such terms (including terms with respect to the
services of any staff employed by the authority giving permission) as may be
agreed.
(4)
A local social services authority may provide (or improve or furnish)
20
residential accommodation for officers—
(a)
employed by it for the purposes of any of its functions as a local social
services authority, or
(b)
employed by a voluntary organisation for the purposes of any services
provided under this section and Schedule 20.
25
(5)
In this section and Schedule 20 “equipment” includes any machinery,
apparatus or appliance, whether fixed or not, and any vehicle.
Supplies by the Secretary of State
255
Supplies not readily obtainable
(1)
Where the Secretary of State has acquired—
30
(a)
supplies of human blood for the purposes of any service under this
Act,
(b)
any part of a human body for the purpose of, or in the course of
providing, any such service, or
(c)
supplies of any other substances or preparations not readily
35
obtainable,

he may arrange to make such supplies or that part available (on such terms,
including terms as to charges, as he considers appropriate) to any person.
(2)
The Secretary of State may exercise the powers conferred by subsection (1) only
if, and to the extent that, he is satisfied that anything which he proposes to do
40
or allow under those powers—