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Health Bill [HL]


Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 1 — NHS Constitution

1

 

A

Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]

To

Make provision about The NHS Constitution; to make provision about health

care (including provision about the National Health Service and health

bodies); to make provision for the control of the promotion and sale of tobacco

products; to make provision about the investigation of complaints about

privately arranged or funded adult social care; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Quality and delivery of NHS services in England

Chapter 1

NHS Constitution

1       

NHS Constitution

5

(1)   

In this Chapter the “NHS Constitution” means—

(a)   

the document entitled “The NHS Constitution” published by the

Secretary of State on 21 January 2009, or

(b)   

any revised version of that document published under section 3 or 4.

(2)   

In this Chapter the “Handbook” means—

10

(a)   

the document entitled “The Handbook to the NHS Constitution”

published by the Secretary of State on 21 January 2009, or

(b)   

any revised version of that document published under section 5.

 

Bill 124                                                                                                

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Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 1 — NHS Constitution

2

 

2       

Duty to have regard to NHS Constitution

(1)   

Each of the bodies listed in subsection (2) must, in performing its NHS

functions, have regard to the NHS Constitution.

(2)   

The bodies are—

(a)   

Strategic Health Authorities;

5

(b)   

Primary Care Trusts;

(c)   

National Health Service trusts;

(d)   

Special Health Authorities;

(e)   

NHS foundation trusts;

(f)   

the Independent Regulator of NHS Foundation Trusts;

10

(g)   

the Care Quality Commission.

(3)   

In subsection (1) an “NHS function” means any function under an enactment

which is a function concerned with, or connected to, the provision,

commissioning or regulation of NHS services.

(4)   

Each person who—

15

(a)   

provides NHS services under a contract, agreement or arrangements

made under or by virtue of an enactment listed in subsection (6), or

(b)   

provides or assists in providing NHS services under arrangements

under section 12(1) of the National Health Service Act 2006 (c. 41),

   

must, in doing so, have regard to the NHS Constitution.

20

(5)   

Each person who—

(a)   

in pursuance of a contract, agreement or arrangements as mentioned in

subsection (4)(a) or (b), makes arrangements (“sub-contracting

arrangements”) for another person to provide or assist in providing

NHS services, or

25

(b)   

provides or assists in providing NHS services under sub-contracting

arrangements,

   

must, in doing so, have regard to the NHS Constitution.

(6)   

The enactments referred to in subsection (4)(a) are the following provisions of

the National Health Service Act 2006

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(a)   

section 83(2)(b) (arrangements made by PCTs for provision of primary

medical services);

(b)   

section 84(1) (general medical services contracts);

(c)   

section 92 (other arrangements for the provision of primary medical

services);

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(d)   

section 100(1) (general dental services contracts);

(e)   

section 107(1) (other arrangements for the provision of primary dental

services);

(f)   

section 117(1) (general ophthalmic services contracts);

(g)   

section 126(1) (pharmaceutical services);

40

(h)   

section 127(1) (additional pharmaceutical services);

(i)   

Schedule 12 (local pharmaceutical services schemes).

(7)   

In this Chapter “NHS services” means health services provided in England for

the purposes of the health service continued under section 1(1) of the National

Health Service Act 2006.

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Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 1 — NHS Constitution

3

 

(8)   

References in this section to the provision of services include references to the

provision of services jointly with another person.

3       

Availability and review of NHS Constitution

(1)   

The Secretary of State must ensure that the NHS Constitution continues to be

available to patients, staff and members of the public.

5

(2)   

At least once in any period of 10 years the Secretary of State must carry out a

review of the NHS Constitution (referred to in this Chapter as a “10 year

review”).

(3)   

The following must be consulted about the NHS Constitution on a 10 year

review—

10

(a)   

patients and bodies or other persons representing patients,

(b)   

staff and bodies or other persons representing staff,

(c)   

carers,

(d)   

local authorities,

(e)   

members of the public,

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(f)   

the bodies and persons listed in section 2(2), (4) and (5), and

(g)   

such other persons as the Secretary of State considers appropriate.

(4)   

The first 10 year review must be completed not later than 5 July 2018.

(5)   

The guiding principles may not be revised as a result of a 10 year review,

except in accordance with regulations made by the Secretary of State setting

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out the revision to be made.

(6)   

The Secretary of State must publish the NHS Constitution after any revision

made as a result of a 10 year review.

(7)   

In this Chapter—

“carers” means persons who, as relatives or friends, care for other persons

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to whom NHS services are being provided;

“the guiding principles” means—

(a)   

the 7 principles described in the NHS Constitution published on

21 January 2009 as “the principles that guide the NHS”, or

(b)   

any revised version of those principles set out in the NHS

30

Constitution published under this section or section 4;

“patients” means persons to whom NHS services are being provided;

“staff” means—

(a)   

persons employed by a body listed in section 2(2) or otherwise

working for such a body (whether as or on behalf of a

35

contractor, as a volunteer or otherwise) in, or in connection

with, the provision, commissioning or regulation of NHS

services;

(b)   

persons employed by a person listed in subsection (4) or (5) of

section 2 or otherwise working for such a person (whether as or

40

on behalf of a contractor, as a volunteer or otherwise) in, or in

connection with, the provision of NHS services or assistance or

the making of arrangements as mentioned in the subsection in

question.

(8)   

For the purposes of subsection (3), each of the following is a local authority—

45

(a)   

a county council in England;

 
 

Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 1 — NHS Constitution

4

 

(b)   

a district council in England, other than a council for a district in a

county for which there is a county council;

(c)   

a London borough council;

(d)   

the Common Council of the City of London;

(e)   

the Council of the Isles of Scilly.

5

4       

Other revisions of NHS Constitution

(1)   

This section applies to any revision of the NHS Constitution made other than

as a result of a 10 year review (including any such revision which revises the

guiding principles).

(2)   

Before any revision the Secretary of State must undertake appropriate

10

consultation about the proposed revision.

(3)   

The persons consulted must include such patients, staff, members of the public

and other persons as appear to the Secretary of State to be affected by the

proposed revision.

(4)   

The guiding principles may not be revised, except in accordance with

15

regulations made by the Secretary of State setting out the revision to be made.

(5)   

The Secretary of State must publish the NHS Constitution after any revision.

5       

Availability, review and revision of Handbook

(1)   

The Secretary of State must ensure that the Handbook continues to be available

to patients, staff and members of the public.

20

(2)   

At least once in any period of 3 years the Secretary of State must carry out a

review of the Handbook.

(3)   

The first review must be completed not later than 5 July 2012.

(4)   

The Secretary of State must publish the Handbook after any revision (whether

made as a result of a review under this section or otherwise).

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6       

Report on effect of NHS Constitution

(1)   

The Secretary of State must publish a report every 3 years on how the NHS

Constitution has affected patients, staff, carers and members of the public,

since the last report was produced under this subsection.

(2)   

The first report must be published not later than 5 July 2012.

30

(3)   

The Secretary of State must lay before Parliament a copy of each report under

subsection (1).

7       

Regulations under section 3 or 4

(1)   

The power to make regulations under section 3 or 4 is exercisable by statutory

instrument.

35

(2)   

A statutory instrument containing regulations under either of those sections is

subject to annulment in pursuance of a resolution of either House of

Parliament.

 
 

Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 2 — Quality accounts

5

 

Chapter 2

Quality accounts

8       

Duty of providers to publish information

(1)   

Each of the bodies listed in subsection (2) must, in accordance with regulations

made by the Secretary of State, publish in respect of each reporting period a

5

document containing prescribed information relevant to the quality of—

(a)   

any NHS services that the body provides;

(b)   

any NHS services that, under arrangements made by the body, are

provided by a person not listed in subsection (2) or (3);

(c)   

any services that are provided in England and for the provision of

10

which the body provides assistance or support under section 124(1) of

the National Health Service Act 2006 (c. 41) (primary ophthalmic

services).

(2)   

The bodies are—

(a)   

Primary Care Trusts;

15

(b)   

National Health Service trusts all or most of whose hospitals,

establishments and facilities are in England;

(c)   

Special Health Authorities;

(d)   

NHS foundation trusts.

(3)   

Each person who—

20

(a)   

provides NHS services as mentioned in section 2(4)(a),

(b)   

provides or assists in providing NHS services as mentioned in section

2(4)(b), or

(c)   

makes arrangements as mentioned in section 2(5)(a) for another person

to provide NHS services,

25

   

must, in accordance with regulations made by the Secretary of State, publish in

respect of each reporting period a document containing prescribed

information relevant to the quality of those services.

(4)   

References in this section to the provision of services include references to the

provision of services jointly with another person.

30

(5)   

The Secretary of State may by regulations provide that subsection (1) or (3)

does not apply to prescribed bodies, persons or services, or to bodies, persons

or services of a prescribed description.

(6)   

In this section “NHS services” has the same meaning as in Chapter 1.

9       

Supplementary provision about the duty

35

(1)   

In this section “the provider” means the body or person required to publish a

document under section 8.

(2)   

For the purposes of that section a reporting period is—

(a)   

the period of 12 months beginning with 1 April 2009, and

(b)   

each subsequent period of 12 months.

40

(3)   

If the Care Quality Commission or a Strategic Health Authority notifies the

provider of an error or omission in a document published under that section,

the provider must within 21 days of the notification republish the document

 
 

Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 2 — Quality accounts

6

 

correcting the error or omission and including a statement explaining the

correction.

(4)   

A copy of any document published under that section must be sent by the

provider to the Secretary of State in any form specified by the Secretary of State

for the purpose of enabling the Secretary of State to make the document

5

available to the public.

(5)   

Regulations under subsection (1) or (3) of section 8 may in particular make

provision—

(a)   

as to the form of a document published under that section and its

contents in addition to the prescribed information;

10

(b)   

imposing duties on the provider for the purpose of ensuring the

accuracy of information;

(c)   

as to how and when a document must be published and when a copy

must be sent under subsection (4);

(d)   

requiring the provider to have regard to guidance issued by the

15

Secretary of State.

(6)   

The provider must at the request of any person provide to that person a copy

of any document published by the provider under section 8 relating to a

reporting period ending not more than 2 years before the request.

(7)   

While subsection (1) or (3) of section 8 applies to the provider, the provider

20

must keep affixed, in a conspicuous place at each of the premises at which the

provider provides services to which that subsection applies, a notice stating

how the most recent document published by the provider under that section

may be obtained.

(8)   

Subsection (7) does not apply if—

25

(a)   

the provider does not have control of the premises, or

(b)   

the services are provided by means such that the persons receiving

them do not do so at the premises.

(9)   

In subsection (7) “premises” includes a vehicle or moveable structure.

10      

Regulations under section 8

30

(1)   

The power to make regulations under section 8 is exercisable by statutory

instrument.

(2)   

A statutory instrument containing regulations under section 8 is subject to

annulment in pursuance of a resolution of either House of Parliament.

(3)   

The power to make regulations under section 8

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(a)   

may be exercised so as to make the full provision to which the power

extends or any less provision (whether by way of exception or

otherwise);

(b)   

may be exercised so as to make the same provision for all cases in

relation to which the power is exercised, or different provision for

40

different cases;

(c)   

may be exercised so as to make any such provision unconditionally or

subject to any specified condition.

 
 

Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 3 — Direct payments

7

 

Chapter 3

Direct payments

11      

Direct payments for health care

In Part 1 of the National Health Service Act 2006 (c. 41), after section 12 insert—

“Direct payments for health care

5

12A     

Direct payments for health care

(1)   

The Secretary of State may, for the purpose of securing the provision to

a patient of anything to which this subsection applies, make payments,

with the patient’s consent, to the patient or to a person nominated by

the patient.

10

(2)   

Subsection (1) applies to—

(a)   

anything that the Secretary of State may or must provide under

section 2(1) or 3(1);

(b)   

anything for which the Secretary of State must arrange under

paragraph 8 of Schedule 1;

15

(c)   

vehicles that the Secretary of State may provide under

paragraph 9 of that Schedule.

(3)   

Subsection (1) is subject to any provision made by regulations under

section 12B.

(4)   

If regulations so provide, a Primary Care Trust may, for the purpose of

20

securing the provision for a patient of services that the trust must

provide under section 117 of the Mental Health Act 1983 (after-care),

make payments, with the patient’s consent, to the patient or to a person

nominated by the patient.

(5)   

A payment under subsection (1) or under regulations under subsection

25

(4) is referred to in this Part as a “direct payment”.

(6)   

A direct payment may be made only in accordance with a pilot scheme

under regulations made by virtue of section 12C.

12B     

Regulations about direct payments

(1)   

The Secretary of State may make regulations about direct payments.

30

(2)   

The regulations may in particular make provision—

(a)   

as to circumstances in which, and descriptions of persons and

services in respect of which, direct payments may or must be

made;

(b)   

as to circumstances in which direct payments may or must be

35

made to a person nominated by the patient;

(c)   

as to the making of direct payments (and, in particular, as to

persons to whom payments may or must be made) where the

patient lacks capacity to consent to the making of the payments;

(d)   

as to conditions that the Secretary of State or the Primary Care

40

Trust must comply with before, after or at the time of making a

direct payment;

 
 

 
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