Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Miscellaneous
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(2)
In section 29(4A)(c) of the National Assistance Act 1948 (c. 29) (which provides
for section 43 to apply where accommodation in a hostel is provided under
section 29(4)(c)), for “sections 32 and 43 shall apply as they apply” substitute
“section 32 shall apply as it applies”.
(3)
In section 51(1) of that Act, for “, himself or any other person” substitute “him”.
5
(4)
In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of
accommodation treated as being under Part 3 of the National Assistance Act
1948), for the words from “(as amended”, where first occurring, to “etc.)”
substitute “(as amended by any enactment within the meaning of the Scotland
Act 1998 (c. 46)) of the said Act of 1948”.
10
(5)
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (definition
of “social services functions” for purposes of the 1970 Act), in the entry relating
to sections 43 to 45 of the National Assistance Act 1948, for “Sections 43 to”
substitute “Section”.
(6)
The provisions of this section have effect subject to, and in accordance with,
15
Schedule 13.
140
Ordinary residence for certain purposes of National Assistance Act 1948 etc.
(1)
In section 24 of the National Assistance Act 1948 (authority liable for provision
of accommodation) for subsections (6) and (7) substitute—
“(6)
For the purposes of the provision of residential accommodation under
20
this Part, a patient (“P”) for whom NHS accommodation is provided
shall be deemed to be ordinarily resident in the area, if any, in which P
was resident before the NHS accommodation was provided for P,
whether or not P in fact continues to be ordinarily resident in that area.
(6A)
In subsection (6) “NHS accommodation” means—
25
(a)
accommodation (at a hospital or elsewhere) provided under the
National Health Service Act 2006 or the National Health Service
(Wales) Act 2006, or
(b)
accommodation provided under section 117 of the Mental
Health Act 1983 by a Primary Care Trust or Local Health Board,
30
other than accommodation so provided jointly with a local
authority.”
(2)
In section 32 of that Act (adjustments between authority providing
accommodation, etc., and authority of area of residence) for subsection (3)
substitute—
35
“(3)
Any question arising under this Part as to a person’s ordinary residence
shall be determined by the Secretary of State or by the Welsh Ministers.
(4)
The Secretary of State and the Welsh Ministers shall make and publish
arrangements for determining which cases are to be dealt with by the
Secretary of State and which are to be dealt with by the Welsh
40
Ministers.
(5)
Those arrangements may include provision for the Secretary of State
and the Welsh Ministers to agree, in relation to any question that has
arisen, which of them is to deal with the case.”
(3)
In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44)
45

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(provision of welfare services) after subsection (1) insert—
“(1A)
Subsections (3) to (5) of section 32 of the National Assistance Act 1948
(which relate to the determination of any question arising under Part 3
of that Act as to a person’s ordinary residence) apply in relation to any
question arising under this section as to a person’s ordinary residence
5
as they apply in relation to such a question arising under Part 3 of that
Act.”
Financial assistance related to provision of health or social care services
141
Power of Secretary of State to give financial assistance
(1)
The Secretary of State may give financial assistance to qualifying bodies which
10
are engaged in—
(a)
the provision in England of health services or of social care services, or
(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.
15
(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—
(a)
the provision in England of health services or of social care services, or
20
(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.
142
Qualifying bodies
(1)
A body is a qualifying body for the purposes of this group of sections if—
25
(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,
(c)
it is carrying on a business, and
30
(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
being, activities which a reasonable person might consider are activities
35
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.
143
Forms of assistance under s. 141
40
(1)
Subject to subsection (3), financial assistance under section 141 may be given in
any form.

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(2)
Assistance may, in particular, be given by way of—
(a)
grants,
(b)
loans,
(c)
guarantees, or
(d)
in the case of assistance under section 141(1) given to a company,
5
purchasing share capital of the company.
(3)
Financial assistance under section 141(2) given to a company may not be given
by way of purchasing share capital of the company.
144
Terms on which assistance under s. 141 is given
(1)
Financial assistance under section 141 may be given on such terms as the
10
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
made good, to the Secretary of State, and the manner in which that is to
be done;
15
(b)
the keeping, and making available for inspection, of accounts and other
records.
(3)
The person receiving assistance under section 141 must comply with the terms
on which it is given, and compliance may be enforced by the Secretary of State.
145
Directions to certain NHS bodies
20
(1)
The Secretary of State may direct—
(a)
a Primary Care Trust,
(b)
a Strategic Health Authority,
(c)
a National Health Service trust all or most of whose hospitals,
establishments and facilities are situated in England, or
25
(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
assistance under section 141.
(2)
The Secretary of State may give directions to any of the bodies mentioned in
30
subsection (1) about the exercise by it of any function of the Secretary of State
which it exercises by virtue of that subsection.
146
Arrangements with other third parties
(1)
The Secretary of State may make arrangements for—
(a)
financial assistance under section 141 to be given, or
35
(b)
other functions relating to such assistance to be exercised,

by a person other than a body mentioned in section 145(1) or an English local
authority.
(2)
A person with whom the Secretary of State makes arrangements under
subsection (1) is referred to in this section as P.
40
(3)
Arrangements under subsection (1) may provide for the functions concerned
to be exercised by P—

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(a)
either wholly or to such extent as may be specified in the arrangements,
and
(b)
either generally or in such cases or circumstances as may be so
specified.
(4)
Arrangements under subsection (1) may make provision—
5
(a)
subject to section 143(3), as to the forms of financial assistance which
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—
(a)
provide for the Secretary of State to make payments to P, and
10
(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.
147
Power to form company
15
The Secretary of State may form, or participate in forming, one or more
companies with a view to making arrangements under section 146(1) with the
companies for financial assistance under section 141 to be given, or other
functions relating to such assistance to be exercised, by the company.
148
Interpretation of group of sections
20
(1)
In this section and sections 141 to 147 “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
Act 2006 (c. 46);
25
“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
no county council,
30
(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
purposes of the health service continued under section 1(1) of the
35
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 142;
“regulations” means regulations made by the Secretary of State;
40
“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),

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(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 (c. 41),
5
or services which are similar to such services.
National Information Governance Board for Health and Social Care
149
National Information Governance Board for Health and Social Care
(1)
After section 250 of the National Health Service Act 2006 insert—
“The National Information Governance Board for Health and Social Care
10
250A
National Information Governance Board: functions
(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
15
to the processing of relevant information,
(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,
20
(c)
to publish guidance on the practice to be followed in relation to
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
25
matters relating to the processing of relevant information by
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
30
information.
(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
35
(c)
any information obtained or generated in the course of the
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
40
mental health or condition of an individual (“P”), to the
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,

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whether or not the identity of the individual in question is ascertainable
from the information.
(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
5
to whom the advice is to be provided.
(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).
10
(8)
The Board may request any relevant body to provide the Board with
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
15
(c)
any advice given to the relevant body by the Secretary of State.
(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
20
Services Act 1970), other than those for which the authority’s
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;
25
“relevant body” means—
(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;
30
“social care services” means services provided by a local social
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
35
Health and Social Care, except—
(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.
40
(2)
In relation to Wales, the Secretary of State may seek the views of the
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.
45
(1)
The Secretary of State may by regulations make provision about the
National Information Governance Board for Health and Social Care.

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(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,
(c)
the establishment and membership of committees or sub-
5
committees of the Board,
(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
10
sub-committee of the Board as the Secretary of State may determine.
(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
15
section 272(8)(a) amending or repealing an Act.
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—
20
(a)
prepare a report on its activities during the year, and
(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
25
determine, and
(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.
150
Duty to consult Board in relation to regulations about patient information
30
For section 252 of the National Health Service Act 2006 substitute—
“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
35
regard to the views of the National Information Governance Board for
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.”
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