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
87

General and supplementary
132
General and supplementary
(1)
The Commissioners for Her Majesty’s Revenue and Customs are responsible
for the payment and management of health in pregnancy grant.
(2)
In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from
5
entitlement to benefits), in subsection (1), after paragraph (h), insert—
“(ha)
health in pregnancy grant,”.
(3)
In subsections (5) and (6) of that section, before “child benefit” insert “health in
pregnancy grant or”.
(4)
In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1)
10
(benefits wholly exempt from income tax), in Part 1 of Table B, at the
appropriate place insert—

“Health in pregnancy
SSCBA 1992             Section 140A

grant
SSCB(NI)A 1992      Section 136A”.

Part 5
15
Miscellaneous
Amendments relating to National Health Service
133
Duty of Primary Care Trusts
After section 23 of the National Health Service Act 2006 (c. 41) insert—
“23A
Arrangements for improving quality of health care
20
(1)
Each Primary Care Trust must make arrangements to secure
continuous improvement in the quality of health care provided by it
and by other persons pursuant to arrangements made by it.
(2)
In discharging its duty under subsection (1) a Primary Care Trust must
have regard to the standards set out in statements under section 41 of
25
the Health and Social Care Act 2008.
(3)
“Health care” means—
(a)
services provided to individuals for or in connection with the
prevention, diagnosis or treatment of illness, and
(b)
the promotion and protection of public health.”
30
134
Pharmaceutical services
Schedule 12 (which contains amendments of the National Health Service Act
2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to
expenditure in connection with the provision of pharmaceutical services) has
effect.
35

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135
Indemnity schemes in connection with provision of health services
(1)
Section 71 of the National Health Service Act 2006 (c. 41) (schemes for meeting
losses and liabilities of health service bodies) is amended as follows.
(2)
In subsection (1), after “the bodies” (in each place) insert “or other persons”.
(3)
In subsection (2)—
5
(a)
after “The bodies” insert “and other persons”,
(b)
after paragraph (g) insert—
“(h)
the Secretary of State, and
(i)
a body or other person (other than a body or other
person within any of paragraphs (a) to (h)) providing, or
10
arranging the provision of, health services whose
provision is the subject of arrangements with a body or
other person within any of paragraphs (a) to (h),”, and
(c)
after “bodies which” insert “, or other persons who,”.
(4)
After subsection (2) insert—
15
“(2A)
In subsection (1)(b) “functions”—
(a)
in relation to the Secretary of State, means the Secretary of
State’s functions in connection with the health service;
(b)
in relation to a body or other person within paragraph (i) of
subsection (2), means the body’s or person’s functions of
20
providing, or arranging the provision of, health services whose
provision is the subject of arrangements with a body or other
person within any of paragraphs (a) to (h) of that subsection.”
(5)
In subsection (3)—
(a)
in paragraph (b), after “body which” insert “, or other person who,”,
25
and
(b)
in paragraph (c), after “Secretary of State” insert “(whether or not a
participator in the scheme and, if a participator, whether or not
required to make payments as a participator)”.
(6)
For subsection (5) substitute—
30
“(5)
The Secretary of State may make a direction under subsection (4) in
respect of a body only if the body is within any of paragraphs (a) to (d),
(f) and (g) of subsection (2).”
(7)
After subsection (8) insert—
“(9)
In subsection (2)(i), the reference to a person providing health services
35
does not include a person providing health services under a contract of
employment.
(10)
In this section “health services” means services provided as part of the
health service.”
Weighing and measuring of children
40
136
Weighing and measuring of children: England
(1)
In Schedule 1 to the National Health Service Act 2006 (further provision about

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Part 5 — Miscellaneous
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the Secretary of State and services under that Act) after paragraph 7 insert—
“Weighing and measuring of children
7A    (1)
The Secretary of State may, by arrangement with any local education
authority, provide for the weighing and measuring of junior pupils
in attendance at any school which is maintained by the authority.
5
      (2)
The Secretary of State may, by arrangement with the proprietor of
any school which is not maintained by a local education authority,
provide for the weighing and measuring of junior pupils in
attendance at that school.
      (3)
The Secretary of State may, by arrangement with any person who is
10
registered under Chapter 2 of Part 3 of the Childcare Act 2006 in
respect of early years provision, provide for the weighing and
measuring of young children for whom childcare is provided by that
person.
      (4)
In sub-paragraphs (1) and (2) any expression to which a meaning is
15
given for the purposes of the Education Act 1996 or the School
Standards and Framework Act 1998 has the same meaning as in that
Act; and in sub-paragraph (3) any expression to which a meaning is
given for the purposes of Part 3 of the Childcare Act 2006 has the
same meaning as in that Part.
20
7B    (1)
The Secretary of State may by regulations—
(a)
authorise the disclosure by any person with whom
arrangements under paragraph 7A are made, to any person
carrying out the weighing or measuring, of prescribed
information relating to the children concerned,
25
(b)
require any weighing and measuring provided for by the
Secretary of State under paragraph 7A to be carried out in a
prescribed manner and after compliance with any prescribed
requirements,
(c)
make provision authorising any resulting information
30
relating to a child, together with any advisory material
authorised by or under the regulations, to be communicated
in a prescribed manner to a person who is, or is treated by the
regulations as being, a parent of the child, and
(d)
make other provision regulating the processing of
35
information resulting from any weighing or measuring
provided for by the Secretary of State under paragraph 7A.
      (2)
Regulations made under sub-paragraph (1) may require any person
exercising functions in relation to any weighing or measuring to
which the regulations apply or in relation to information resulting
40
from such weighing or measuring to have regard to any guidance
given from time to time by the Secretary of State.
      (3)
In sub-paragraph (1)(d), “processing”, in relation to information, has
the same meaning as in the Data Protection Act 1998.
      (4)
Regulations under this paragraph cannot include provision by virtue
45
of section 272(8)(a) amending or repealing an Act.”

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(2)
Until the commencement of Chapter 2 of Part 3 of the Childcare Act 2006
(c. 21), the reference in paragraph 7A(3) of Schedule 1 to the National Health
Service Act 2006 (c. 41) (as inserted by subsection (1) of this section) to a person
registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of
early years provision is to be read as a reference to a person registered under
5
Part 10A of the Children Act 1989 (c. 41) in respect of child minding or the
provision of day care (within the meaning of that Part).
137
Weighing and measuring of children: Wales
In Schedule 1 to the National Health Service (Wales) Act 2006 (c. 42) (further
provision about the Welsh Ministers and services under that Act) after
10
paragraph 7 insert—
“Weighing and measuring of children
7A    (1)
The Welsh Ministers may, by arrangement with any local education
authority, provide for the weighing and measuring of junior pupils
in attendance at any school which is maintained by the authority.
15
      (2)
The Welsh Ministers may, by arrangement with the proprietor of any
school which is not maintained by a local education authority,
provide for the weighing and measuring of junior pupils in
attendance at that school.
      (3)
The Welsh Ministers may, by arrangement with any person who is
20
registered under Part 10A of the Children Act 1989 (child minding
and day care for children in Wales) in respect of child minding or the
provision of day care, provide for the weighing and measuring of
children looked after by that person.
      (4)
In sub-paragraphs (1) and (2) any expression to which a meaning is
25
given for the purposes of the Education Act 1996 or the School
Standards and Framework Act 1998 has the same meaning as in that
Act; and in sub-paragraph (3) any expression to which a meaning is
given for the purposes of Part 10A of the Children Act 1989 has the
same meaning as in that Part.
30
7B    (1)
The Welsh Ministers may by regulations—
(a)
authorise the disclosure by any person with whom
arrangements under paragraph 7A are made, to any person
carrying out the weighing or measuring, of prescribed
information relating to the children concerned,
35
(b)
require any weighing and measuring provided for by the
Welsh Ministers under paragraph 7A to be carried out in a
prescribed manner and after compliance with any prescribed
requirements,
(c)
make provision authorising any resulting information
40
relating to a child, together with any advisory material
authorised by or under the regulations, to be communicated
in a prescribed manner to a person who is, or is treated by the
regulations as being, a parent of the child, and
(d)
make other provision regulating the processing of
45
information resulting from any weighing or measuring
provided for by the Welsh Ministers under paragraph 7A.

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      (2)
Regulations made under sub-paragraph (1) may require any person
exercising functions in relation to any weighing or measuring to
which the regulations apply or in relation to information resulting
from such weighing or measuring to have regard to any guidance
given from time to time by the Welsh Ministers.
5
      (3)
In sub-paragraph (1)(d), “processing”, in relation to information, has
the same meaning as in the Data Protection Act 1998.
      (4)
Regulations under this paragraph cannot include provision by virtue
of section 203(10)(a) amending or repealing an Act.”
Social care
10
138
Direct payments in lieu of provision of care services
(1)
Section 57 of the Health and Social Care Act 2001 (c. 15) (regulations may
require or authorise direct payments to a person, with the person’s consent, in
respect of the person securing the provision to the person of certain care
services) is amended as follows.
15
(2)
After subsection (1) insert—
“(1A)
Regulations may make provision for and in connection with requiring
or authorising the responsible authority in the case of a person (“P”) of
a prescribed description—
(a)
who falls within subsection (2)(a), and
20
(b)
who falls within subsection (5A) or is reasonably believed by
the authority to fall within that subsection,

to make, with the requisite consent, such payments as the authority
may determine in accordance with the regulations to a suitable person
other than P in respect of the other person’s securing the provision for
25
P of the service mentioned in subsection (2)(a).
(1B)
In subsection (1A) “the requisite consent” means—
(a)
the consent of the other person; and
(b)
where the other person is not a surrogate of P but there is at least
one person who is a surrogate of P, the consent also of a
30
surrogate of P.
(1C)
For the purposes of subsection (1A), a person (whether or not an
individual) is “suitable” if—
(a)
that person is a representative of P;
(b)
that person is not a representative of P (or there is no-one who
35
is a representative of P), but—
(i)
a surrogate of P, and
(ii)
the responsible authority,

consider that person to be a suitable person to receive the
payments for the purpose of securing provision for P of the
40
service concerned; or
(c)
that person is not a representative of P (or there is no-one who
is a representative of P), and there is no-one who is a surrogate
of P, but the responsible authority considers that person to be a
suitable person to receive the payments for that purpose.”
45

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(3)
In subsection (3) (provision which may be included in regulations under the
section)—
(a)
in paragraph (a) (provision as to circumstances in which payments not
to be made), after “to a person” insert “or in respect of a person”,
(b)
in paragraph (c)(i) (provision about determination of payee’s means),
5
after “the payee’s means” insert “in the case of direct payments under
subsection (1) or, in the case of direct payments under subsection (1A),
the means of the person (“the beneficiary”) in respect of whom the
payments are required or authorised to be made”,
(c)
in each of paragraphs (d) and (e)(ii) (provision as to conditions to be
10
complied with by payee, and provision as to repayments by payee or
otherwise), after “payee” insert “in the case of direct payments under
subsection (1), or by the payee or by the beneficiary in the case of direct
payments under subsection (1A),” and
(d)
after paragraph (h) insert—
15
“(j)
as to matters to which the responsible authority must, or
may, have regard when making a decision for the
purposes of a provision of the regulations;
(k)
as to steps which the responsible authority must, or
may, take before, or after, the authority makes a decision
20
for the purposes of a provision of the regulations;
(l)
specifying circumstances in which a person who has
fallen within subsection (5A) but no longer does so
(whether because of fluctuating capacity, or regaining or
gaining of capacity) is to be treated, or may be treated,
25
as falling within subsection (5A) for purposes of this
section or for purposes of regulations under this
section.”
(4)
In subsection (4)(b) (gross payments: condition that payee pays amounts by
way of reimbursement), after “payee” insert “in the case of direct payments
30
under subsection (1), or the beneficiary in the case of direct payments under
subsection (1A),”.
(5)
In subsection (5) (payments made net on basis that payee will contribute to cost
of service)—
(a)
in paragraph (a), after “the payee will himself” insert “in the case of
35
direct payments under subsection (1), or the beneficiary will in the case
of direct payments under subsection (1A),” and
(b)
in paragraph (b), after “payee” insert “or (as the case may be) the
beneficiary”.
(6)
After subsection (5) insert—
40
“(5A)
A person falls within this subsection if the person lacks capacity, within
the meaning of the Mental Capacity Act 2005, to consent to the making
of direct payments.
(5B)
In this section “representative”, in relation to a person, means such
other person (whether or not an individual) as may be prescribed.
45
(5C)
In this section “surrogate”, in relation to a person, means—
(a)
a deputy appointed for the person by the Court of Protection
under section 16(2)(b) of the Mental Capacity Act 2005, or
(b)
a donee of a lasting power of attorney created by the person,

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whose powers, as deputy or donee, consist of or include such powers
as may be prescribed.”
(7)
After subsection (7) insert—
“(7A)
For the purposes of subsection (3)(d), the conditions that are to be taken
to be conditions in relation to direct payments include, in particular,
5
conditions in relation to—
(a)
the securing of the provision of the service concerned,
(b)
the provider of the service,
(c)
the person to whom payments are made in respect of the
provision of the service, or
10
(d)
the provision of the service.”
(8)
In section 64 of the Health and Social Care Act 2001 (c. 15) (regulations and
orders), after subsection (4) insert—
“(4A)
A statutory instrument containing—
(a)
regulations made by the Welsh Ministers under section 57, or
15
(b)
regulations made by the Welsh Ministers under section 65 that
make provision for the purposes of, in consequence of or for
giving full effect to section 57,

is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”
20
139
Abolition of maintenance liability of relatives
(1)
The following provisions cease to have effect—
(a)
section 43 of the National Assistance Act 1948 (c. 29) (recovery from
liable relative of local authority’s costs of assistance),
(b)
in section 47(9) of that Act (liability of maintained person, or person’s
25
relatives, for expenditure incurred under section 47(8)), the words “or
from any person who for the purposes of this Act is liable to maintain
that person”,
(c)
in section 48(3) of that Act (liability of person in hospital etc., or
person’s relatives, for costs of protecting person’s property), the words
30
“, or from any person who for the purposes of this Act is liable to
maintain him,”,
(d)
in section 51(1) of that Act (offence where person fails to maintain
himself or any person he is liable to maintain), the words “or any
person whom he is liable to maintain for the purposes of this Act”,
35
(e)
in paragraph 19(1) of Schedule 6 to that Act (which ended a saved
liability to maintain a person where there was no liability to maintain
that person for the purposes of that Act), the words “whom he is not
liable to maintain for the purposes of this Act”,
(f)
paragraph 19(2) of that Schedule (which gave continuing effect to
40
certain saved liabilities not ended by paragraph 19(1)), and
(g)
in section 46(5) of the Public Health (Control of Disease) Act 1984 (c. 22)
(liability of person’s estate, or person’s relatives, for cost of burial or
cremation under the section), the words “or from any person who for
the purposes of the National Assistance Act 1948 was liable to maintain
45
the deceased person immediately before his death”.