Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Miscellaneous
93

Financial assistance related to provision of health or social care services
137
Power of Secretary of State to give financial assistance
(1)
The Secretary of State may give financial assistance to qualifying bodies which are
engaged in—
(a)
the provision in England of health services or of social care services, or
5
(b)
the provision to other persons of services that are connected with the provision
in England by those other persons of health services or of social care services.
(2)
The Secretary of State may also give financial assistance to persons for the purposes of
the establishment by them of qualifying bodies which satisfy any conditions prescribed
for the purposes of this subsection and which are to be engaged in—
10
(a)
the provision in England of health services or of social care services, or
(b)
the provision to other persons of services that will be connected with the
provision in England by those other persons of health services or of social care
services.
138
Qualifying bodies
15
(1)
A body is a qualifying body for the purposes of this group of sections if—
(a)
a reasonable person might consider that its activities are being carried
on for the benefit of the community in England,
(b)
except in the case of a body of a prescribed kind, it satisfies prescribed
conditions relating to the distribution of its profits,
20
(c)
it is carrying on a business, and
(d)
it satisfies such other conditions as may be prescribed.
(2)
Regulations may provide that—
(a)
a body may only be a qualifying body if it is of a prescribed kind;
(b)
activities of a prescribed description are to be treated as being, or as not
25
being, activities which a reasonable person might consider are activities
carried on for the benefit of the community in England.
(3)
“Community” includes a section of the community; and regulations may make
provision about what does, does not or may constitute a section of the
community.
30
139
Forms of assistance under s. 137
(1)
Subject to subsection (3), financial assistance under section 137 may be given in
any form.
(2)
Assistance may, in particular, be given by way of—
(a)
grants,
35
(b)
loans,
(c)
guarantees, or
(d)
in the case of assistance under section 137(1) given to a company, purchasing
share capital of the company.
(3)
Financial assistance under section 137(2) given to a company may not be given
40
by way of purchasing share capital of the company.

Health and Social Care Bill
Part 5 — Miscellaneous
94

140
Terms on which assistance under s. 137 is given
(1)
Financial assistance under section 137 may be given on such terms as the
Secretary of State considers appropriate.
(2)
The terms may, in particular, include provisions as to—
(a)
circumstances in which the assistance is to be repaid, or otherwise
5
made good, to the Secretary of State, and the manner in which that is to
be done;
(b)
the keeping, and making available for inspection, of accounts and other
records.
(3)
The person receiving assistance under section 137 must comply with the terms
10
on which it is given, and compliance may be enforced by the Secretary of State.
141
Directions to certain NHS bodies
(1)
The Secretary of State may direct—
(a)
a Primary Care Trust,
(b)
a Strategic Health Authority,
15
(c)
a National Health Service trust all or most of whose hospitals,
establishments and facilities are situated in England, or
(d)
a Special Health Authority performing functions only or mainly in
respect of England,

to exercise any functions of the Secretary of State in relation to financial
20
assistance under section 137.
(2)
The Secretary of State may give directions to any of the bodies mentioned in
subsection (1) about the exercise by it of any function of the Secretary of State
which it exercises by virtue of that subsection.
142
Arrangements with other third parties
25
(1)
The Secretary of State may make arrangements for—
(a)
financial assistance under section 137 to be given, or
(b)
other functions relating to such assistance to be exercised,

by a person other than a body mentioned in section 141(1) or an English local
authority.
30
(2)
A person with whom the Secretary of State makes arrangements under
subsection (1) is referred to in this section as P.
(3)
Arrangements under subsection (1) may provide for the functions concerned
to be exercised by P—
(a)
either wholly or to such extent as may be specified in the arrangements,
35
and
(b)
either generally or in such cases or circumstances as may be so
specified.
(4)
Arrangements under subsection (1) may make provision—
(a)
subject to section 139(3), as to the forms of financial assistance which
40
may be given by P, and
(b)
as to the terms on which financial assistance may be given by P.
(5)
Arrangements under subsection (1) may—

Health and Social Care Bill
Part 5 — Miscellaneous
95

(a)
provide for the Secretary of State to make payments to P, and
(b)
make provision as to the circumstances in which any such payments
are to be repaid to the Secretary of State.
(6)
In subsection (1) “English local authority” includes a non-metropolitan district
council for an area for which there is a county council.
5
143
Power to form company
The Secretary of State may form, or participate in forming, one or more
companies with a view to making arrangements under section 142(1) with the
companies for financial assistance under section 137 to be given, or other
functions relating to such assistance to be exercised, by the company.
10
144
Interpretation of group of sections
(1)
In this section and sections 137 to 143 “this group of sections” means this
section and those sections.
(2)
In this group of sections—
“company” means a company as defined by section 1 of the Companies
15
Act 2006 (c. 46);
“English local authority” means—
(a)
a county council in England,
(b)
a metropolitan district council,
(c)
a non-metropolitan district council for an area for which there is
20
no county council,
(d)
a London borough council,
(e)
the Common Council of the City of London, or
(f)
the Council of the Isles of Scilly;
“health services” means services which must or may be provided for the
25
purposes of the health service continued under section 1(1) of the
National Health Service Act 2006 (c. 41) or services which are similar to
such services;
“prescribed” means prescribed by regulations;
“qualifying body” has the meaning given by section 138;
30
“regulations” means regulations made by the Secretary of State;
“social care services” means services which an English local authority
must or may provide or arrange to be provided under any of the
following provisions—
(a)
Part 3 of the National Assistance Act 1948 (c. 29),
35
(b)
section 45 of the Health Services and Public Health Act 1968
(c. 46),
(c)
section 117 of the Mental Health Act 1983 (c. 20), and
(d)
section 254 of, and Schedule 20 to, the National Health Service
Act 2006,
40
or services which are similar to such services.

Health and Social Care Bill
Part 5 — Miscellaneous
96

National Information Governance Board for Health and Social Care
145
National Information Governance Board for Health and Social Care
(1)
After section 250 of the National Health Service Act 2006 (c. 41) insert—
“The National Information Governance Board for Health and Social Care
250A
National Information Governance Board: functions
5
(1)
There is to be a board known as the National Information Governance
Board for Health and Social Care.
(2)
The functions of the Board are—
(a)
to monitor the practice followed by relevant bodies in relation
to the processing of relevant information,
10
(b)
to keep the Secretary of State, and such bodies as the Secretary
of State may designate by direction, informed about the practice
being followed by relevant bodies in relation to the processing
of relevant information,
(c)
to publish guidance on the practice to be followed in relation to
15
the processing of relevant information,
(d)
to advise the Secretary of State on particular matters relating to
the processing of relevant information by any person, and
(e)
to advise persons who process relevant information on such
matters relating to the processing of relevant information by
20
them as the Secretary of State may from time to time designate
by direction.
(3)
The Board must, in exercising its functions, seek to improve the practice
followed by relevant bodies in relation to the processing of relevant
information.
25
(4)
In this section “relevant information” means —
(a)
patient information,
(b)
any other information obtained or generated in the course of the
provision of the health service, and
(c)
any information obtained or generated in the course of the
30
exercise by a local social services authority in England of its
adult social services functions.
(5)
In subsection (4) “patient information” means—
(a)
information (however recorded) which relates to the physical or
mental health or condition of an individual (“P”), to the
35
diagnosis of P’s condition or to P’s care or treatment, and
(b)
information (however recorded) which is to any extent derived,
directly or indirectly, from that information,

whether or not the identity of the individual in question is ascertainable
from the information.
40
(6)
The Board must provide advice under subsection (2)(d) if requested to
do so by the Secretary of State; and may provide advice under
subsection (2)(d) or (e) without being requested to do so by the person
to whom the advice is to be provided.

Health and Social Care Bill
Part 5 — Miscellaneous
97

(7)
A relevant body must have regard to any guidance published under
subsection (2)(c) and any advice given to it under subsection (2)(e); and
the Secretary of State must have regard to any advice given under
subsection (2)(d).
(8)
The Board may request any relevant body to provide the Board with
5
specified information for the purpose of enabling the Board to ascertain
whether the relevant body has had proper regard to—
(a)
guidance given under subsection (2)(c),
(b)
advice given under subsection (2)(e), and
(c)
any advice given to the relevant body by the Secretary of State.
10
(9)
In this section—
“adult social services functions”, in relation to a local social
services authority, means the authority’s social services
functions (within the meaning of the Local Authority Social
Services Act 1970), other than those for which the authority’s
15
director of children’s services is responsible under section 18 of
the Children Act 2004;
“processing”, in relation to information, has the same meaning as
in the Data Protection Act 1998;
“relevant body” means—
20
(a)
any body or person engaged in the provision of the
health service, including a body or person so engaged
under contract, or
(b)
any body or person providing social care services;
“social care services” means services provided by a local social
25
services authority in England in the exercise of its adult social
services functions.
250B
National Information Governance Board: Wales
(1)
The functions of the National Information Governance Board for
Health and Social Care, except—
30
(a)
its functions under section 252 in relation to regulations under
section 251, and
(b)
its functions under subsection (2),

are exercisable only in relation to England.
(2)
In relation to Wales, the Secretary of State may seek the views of the
35
Board on such matters concerned with the processing of information
falling within section 250A(4)(a) or (b) as the Secretary of State
considers appropriate.
250C
National Information Governance Board: further provisions.
(1)
The Secretary of State may by regulations make provision about the
40
National Information Governance Board for Health and Social Care.
(2)
The regulations may, in particular, make provision as to—
(a)
the appointment of the chair and other members of the Board by
the Secretary of State or such other person as may be prescribed,
(b)
the terms of appointment of members,
45
(c)
the establishment and membership of committees or sub-
committees of the Board,

Health and Social Care Bill
Part 5 — Miscellaneous
98

(d)
the delegation by the Board of its functions, and
(e)
the proceedings of the Board.
(3)
The regulations may make provision as to the payment by the Secretary of
State of such expenses incurred by the Board or any committee or sub-
committee of the Board as the Secretary of State may determine.
5
(4)
The regulations may also make provision for the payment to members of the
Board or any committee or sub-committee of the Board of such remuneration
or allowances as the Secretary of State may determine.
(5)
Regulations under this section cannot include provision by virtue of
section 272(8)(a) amending or repealing an Act.
10
250D
National Information Governance Board: annual reports
(1)
The National Information Governance Board for Health and Social
Care must, not later than 3 months after the end of each reporting
year—
(a)
prepare a report on its activities during the year, and
15
(b)
send a copy of the report to the Secretary of State.
(2)
In subsection (1) “reporting year” means—
(a)
such period of not more than 12 months beginning with the day
on which the Board is first established as the Board may
determine, and
20
(b)
each successive period of 12 months.”
(2)
The Patient Information Advisory Group (as continued by section 252 of the
National Health Service Act 2006 (c. 41)) is abolished.
146
Duty to consult Board in relation to regulations about patient information
For section 252 of the National Health Service Act 2006 substitute—
25
“252
Consultation with National Information Governance Board
(1)
Before laying before Parliament a draft of any statutory instrument
containing regulations under section 251(1), or making any regulations
pursuant to section 251(5)(b), the Secretary of State must seek and have
regard to the views of the National Information Governance Board for
30
Health and Social Care on the proposed regulations.
(2)
The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, any views received from the Board on the
proposed regulations.”
Functions of Health Protection Agency in relation to biological substances
35
147
Functions of Health Protection Agency in relation to biological substances
(1)
The National Biological Standards Board is abolished (and, accordingly, the
Biological Standards Act 1975 (c. 4) ceases to have effect).
(2)
The Health Protection Agency Act 2004 (c. 17) is amended as follows.

Health and Social Care Bill
Part 5 — Miscellaneous
99

(3)
After section 2 insert—
“2A
Functions in relation to biological substances
(1)
The Agency has such functions in relation to a matter specified in
subsection (2) as the relevant authority directs.
(2)
Those matters are—
5
(a)
the establishment of standards for biological substances;
(b)
the preparation, approval and provision of standard
preparations of biological substances;
(c)
the testing of biological substances.
(3)
The relevant authority shall be deemed to have directed under
10
subsection (1) that the Agency is to have the functions specified in
paragraphs (a) to (f) of Article 2 of the 1976 Order (the pre-abolition
functions of the National Biological Standards Board).
(4)
The direction under subsection (3)—
(a)
shall be deemed to have been given on the commencement of
15
that subsection;
(b)
may be varied in the same way as any other direction under
subsection (1);
(c)
is not affected by the repeal of the Biological Standards Act 1975
or by the 1976 Order ceasing to have effect as a result of that
20
repeal.
(5)
In this section—
“biological substance” means a substance whose purity or potency
cannot, in the opinion of the Secretary of State, be adequately
tested by chemical means;
25
“the relevant authority” means—
(a)
the Secretary of State, and
(b)
the Department of Health, Social Services and Public
Safety in Northern Ireland,
acting jointly;
30
“the 1976 Order” means the National Biological Standards Board
(Functions) Order 1976 (S.I. 1976/917).
(6)
The generality of section 2(1) is to be taken not to be prejudiced by this
section; and the generality of subsections (1) to (4) is to be taken not to
be prejudiced by section 2.”
35
(4)
In section 6 (meaning of “appropriate authority”), after subsection (5) insert—
“(6)
Subsections (2) to (5) do not apply in relation to biological-substances
functions.
(7)
In relation to any biological-substances function, the appropriate
authority is—
40
(a)
the Secretary of State, and
(b)
the Department of Health, Social Services and Public Safety in
Northern Ireland,

acting jointly.
(8)
In subsections (6) and (7) “biological-substances function” means—
45