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Health and Social Care Bill


Health and Social Care Bill
Part 5 — Miscellaneous

94

 

(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,

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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

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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—

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(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,

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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)

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Health and Social Care Bill
Part 5 — Miscellaneous

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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

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(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

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(1)   

Subject to subsection (3), financial assistance under section 141 may be given in

any form.

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

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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,

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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

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(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

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(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.

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(3)   

Arrangements under subsection (1) may provide for the functions concerned

to be exercised by P—

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

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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),

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

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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

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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

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(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

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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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Part 5 — Miscellaneous

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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

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(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.

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

100

 

(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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