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National Health Service Bill [HL]


 

National Health Service Bill [HL]

 
 

EUROPEAN CONVENTION ON HUMAN RIGHTS

Vera Baird has made the following statement under section 19(1)(a) of the Human

Rights Act 1998:

In my view the provisions of the National Health Service Bill [HL] are compatible

with the Convention rights.

 

Bill 225                                                                                                

54/1

 

 

 

National Health Service Bill [HL]

 
Bill 22554/1
 
 

 

National Health Service Bill [HL]

 

 
 

Contents

Part 1

Promotion and provision of the health service in England

The Secretary of State and the health service in England

1   

Secretary of State’s duty to promote health service

General power to provide services

2   

Secretary of State’s general power

Provision of particular services

3   

Secretary of State’s duty as to provision of certain services

4   

High security psychiatric services

5   

Other services

Provision of services otherwise than in England

6   

Performance of functions outside England

Exercise and distribution of functions

7   

Distribution of health service functions

8   

Secretary of State’s directions to health service bodies

NHS contracts

9   

NHS contracts

10   

Provision for bodies in Northern Ireland

11   

Arrangements to be treated as NHS contracts

Provision of services otherwise than by the Secretary of State

12   

Secretary of State’s arrangements with other bodies

 

Bill 225                                                                                                

54/1

 
 

National Health Service Bill [HL]

ii

 

Part 2

Health service bodies

Chapter 1

Strategic Health Authorities

13   

Strategic Health Authorities

14   

Exercise of Strategic Health Authority functions

15   

Strategic Health Authorities’ directions

16   

Section 92 arrangements and section 107 arrangements

17   

Advice for Strategic Health Authorities

Chapter 2

Primary Care Trusts

18   

Primary Care Trusts

19   

Exercise of Primary Care Trust functions

20   

Strategic Health Authority directions to Primary Care Trusts

21   

Provision of services etc

22   

Administration and management of services

23   

Advice for Primary Care Trusts

24   

Plans for improving health etc

Chapter 3

NHS trusts

25   

NHS trusts

26   

General duty of NHS trusts

27   

Financial provisions relating to NHS trusts

Chapter 4

Special Health Authorities

28   

Special Health Authorities

29   

Exercise of Special Health Authority functions

Chapter 5

NHS foundation trusts

Introductory

30   

NHS foundation trusts

31   

Independent Regulator of NHS Foundation Trusts

32   

General duty of regulator

Authorisation

33   

Applications by NHS trusts

 
 

National Health Service Bill [HL]

iii

 

34   

Other applications

35   

Authorisation of NHS foundation trusts

36   

Effect of authorisation

37   

Amendments of constitution

38   

Variation of authorisation

39   

Register of NHS foundation trusts

Financial matters

40   

Power of Secretary of State to give financial assistance

41   

Prudential borrowing code

42   

Public dividend capital

Functions

43   

Authorised services

44   

Private health care

45   

Protection of property

46   

Financial powers

47   

General powers

48   

Information

49   

Entry and inspection of premises

50   

Fees

51   

Trust funds and trustees

Failure

52   

Failing NHS foundation trusts

53   

Voluntary arrangements

54   

Dissolution etc

55   

Sections 53 and 54: supplementary

Mergers

56   

Mergers

57   

Section 56: supplementary

Miscellaneous

58   

Taxation

59   

Conduct of elections

60   

Voting and standing for election

61   

Representative membership

62   

Audit

63   

General duty of NHS foundation trusts

Supplementary

64   

Orders and regulations under this Chapter

65   

Interpretation of this Chapter

 
 

National Health Service Bill [HL]

iv

 

Chapter 6

Miscellaneous

Intervention orders and default powers

66   

Intervention orders

67   

Effect of intervention orders

68   

Default powers

Protection of members and officers of health service bodies

69   

Protection from personal liability

Transfer of residual liabilities

70   

Transfer of residual liabilities

Losses and liabilities of certain health service bodies

71   

Schemes for meeting losses and liabilities etc of certain health service bodies

Co-operation between NHS bodies

72   

Co-operation between NHS bodies

Directions and regulations under this Part

73   

Directions and regulations under this Part

Part 3

Local authorities and the NHS

74   

Supply of goods and services by local authorities

75   

Arrangements between NHS bodies and local authorities

76   

Power of local authorities to make payments

77   

Care Trusts

78   

Directed partnership arrangements

79   

Further provision about directions and directed partnership arrangements

80   

Supply of goods and services by the Secretary of State

81   

Conditions of supply under section 80

82   

Co-operation between NHS bodies and local authorities

Part 4

Medical services

Duty of Primary Care Trusts in relation to primary medical services

83   

Primary medical services

 
 

National Health Service Bill [HL]

v

 

General medical services contracts

84   

General medical services contracts: introductory

85   

Requirement to provide certain primary medical services

86   

Persons eligible to enter into GMS contracts

87   

GMS contracts: payments

88   

GMS contracts: prescription of drugs, etc

89   

GMS contracts: other required terms

90   

GMS contracts: disputes and enforcement

Performance of primary medical services

91   

Persons performing primary medical services

Other arrangements for the provision of primary medical services

92   

Arrangements by Strategic Health Authorities for the provision of primary

medical services

93   

Persons with whom agreements may be made under section 92

94   

Regulations about section 92 arrangements

95   

Transfer of liabilities relating to section 92 arrangements

Assistance and support

96   

Assistance and support: primary medical services

Local Medical Committees

97   

Local Medical Committees

Provision of accommodation by the Secretary of State

98   

Use of accommodation: provision of primary medical services

Part 5

Dental services

Duty of Primary Care Trusts in relation to primary dental services

99   

Primary dental services

General dental services contracts

100   

General dental services contracts: introductory

101   

Requirement to provide certain primary dental services

102   

Persons eligible to enter into GDS contracts

103   

GDS contracts: payments

104   

GDS contracts: other required terms

105   

GDS contracts: disputes and enforcement

Performance of primary dental services

106   

Persons performing primary dental services

 
 

 
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Revised 12 October 2006