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Session 2008-09 Publications on the internet Other Bills before Parliament health.htm">Bill Home Page

Index to Explanatory Notes Health Bill [HL]

INTRODUCTION OVERVIEW OF THE STRUCTURE BACKGROUND AND SUMMARY Chapter 1 - NHS Constitution Chapter 2 - Quality Accounts Chapter 3 - Direct payments Chapter 4 - Innovation prizes Part 2 Chapter 2 - NHS and other health appointments: suspension Part 3 Tobacco Pharmacy Adult social care Private Health Care Disclosure of Information TERRITORIAL EXTENT: FURTHER INFORMATION Territorial application: Wales Territorial application: Scotland Northern Ireland COMMENTARY ON CLAUSES PART 1 - QUALITY AND DELIVERY OF NHS SERVICES Clause 3: Availability and review of NHS Constitution Clause 5: Availability, review and revision of Handbook Clause 7: Regulations under section 3 or 4 Chapter 2 - Quality Accounts Clause 9: Supplementary provision about the duty Clause 10: Regulations Chapter 3 - Direct Payments Direct Payments for health care Regulations about direct payments Direct payments pilot schemes Arrangements with other bodies relating to direct payments Jurisdiction of Health Service Commissioner Detailed explanation of provisions Clause 12: Jurisdiction of Health Service Commissioner Clause 13: Direct payments: minor and consequential amendments Chapter 4: Innovation PART 2 - POWERS IN RELATION TO HEALTH BODIES Clauses 15 and 16 and Schedule 2: Trust special administrators: NHS trusts and NHS foundation trusts Application Appointment De-authorisation of NHS foundation trusts Consultation and report Action by the Secretary of State Supplementary Clause 17: Trust Special Administrators: Primary Care Trusts Appointment Consultation and report Action by the Secretary of State Supplementary Clause 18: Consequential amendments Chapter 2 - NHS and other health appointments: suspension Schedule 3: NHS and other health appointments: suspension PART 3 - MISCELLANEOUS Clause 20: Prohibition of advertising: exclusion for specialist tobacconists Clause 21: Prohibition of tobacco displays etc. Clause 22: Power to prohibit or restrict sales from vending machines Clause 23: Power to prohibit or restrict sales from vending machines: Northern Ireland Pharmaceutical Services in England Clause 25: Pharmaceutical needs assessments Clause 26: New arrangements for entry to pharmaceutical list Clause 27: Pharmaceutical lists - minor amendment Clause 28: Breach of terms of arrangements: notices and penalties Clause 29: LPS schemes: powers of Primary Care Trusts and Strategic Health Authorities Pharmaceutical services in Wales Clause 30: Pharmaceutical lists - minor amendment Clause 31: Breach of terms of arrangements: notices and penalties Clause 32: LPS schemes: powers of Local Health Boards Adult social care Schedule 5: Investigation of complaints about privately arranged or funded adult social care Section 34A: Interpretation: “adult social care provider” and “adult social care” Section 34B: Power to investigate and Schedule 5A: Matters not subject to investigation Section 34C: Who can complain and section 34D: Procedure for making complaints Section 34E: Matters coming to attention of Local Commissioner Section 34F: Procedure in respect of investigations Section 34G: Investigations: further provisions Section 34H: Statements about investigations Section 34I: Adverse findings notices Section 34J: Publication of statements etc. by Local Commissioner Section 34K: Disclosure of information Section 34L: Law of defamation Section 34M: Consultation with other Commissioners Section 34N: Collaborative working with other Commissioners Section 34O: Disclosure of information by Local Commissioner to Information Commissioner and Section 34P: Disclosure of information by Local Commissioner to Care Quality Commission Section 34R: Review, recommendations, advice and guidance and Section 34S: Annual reports Section 34T: Interpretation of Part 3A Private Health Care Disclosure of Information PART 4 - GENERAL Clause 37: Repeals and revocations Clause 38: Extent Clause 39: Commencement PUBLIC SECTOR FINANCIAL COST AND MANPOWER IMPLICATIONS Quality accounts Innovation prizes Trust special administrators for NHS bodies Tobacco Pharmaceutical Services (in England and Wales) Adult social care SUMMARY OF IMPACT ASSESSMENTS Trust Special Administrators for NHS Bodies EUROPEAN CONVENTION ON HUMAN RIGHTS Consideration of the European Convention on Human Rights GLOSSARY OF TERMS AND ABBREVIATIONS Abbreviations used in the Notes

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