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Health Bill [HL]


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

8

 

(e)   

as to conditions that the patient or (if different) the payee may

or must be required to comply with before, after, or at the time

when a direct payment is made;

(f)   

as to the amount of any direct payment or how it is to be

calculated;

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(g)   

as to circumstances in which the Secretary of State or the

Primary Care Trust may or must stop making direct payments;

(h)   

as to circumstances in which the Secretary of State or the

Primary Care Trust may or must require all or part of a direct

payment to be repaid, by the payee or otherwise;

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(i)   

as to monitoring of the making of direct payments, of their use

by the payee, or of services which they are used to secure;

(j)   

as to arrangements to be made by the Secretary of State or the

Primary Care Trust for providing patients, payees or their

representatives with information, advice or other support in

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connection with direct payments;

(k)   

for such support to be treated to any prescribed extent as a

service in respect of which direct payments may be made.

(3)   

If the regulations make provision in the case of a person who lacks

capacity to consent to direct payments being made, they may apply that

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provision, or make corresponding provision, with or without

modifications, in the case of a person who has lacked that capacity but

no longer does so (whether because of fluctuating capacity, or

regaining or gaining capacity).

(4)   

The regulations may provide for a sum which must be repaid to the

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Secretary of State or the Primary Care Trust by virtue of a condition or

other requirement imposed by or under the regulations to be

recoverable as a debt due to the Secretary of State or the Primary Care

Trust.

(5)   

The regulations may make provision—

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(a)   

for a service in respect of which a direct payment has been made

under section 12A(1) to be regarded, only to such extent and

subject to such conditions as may be prescribed, as provided or

arranged for by the Secretary of State under an enactment

mentioned in section 12A(2);

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(b)   

displacing functions or obligations of a Primary Care Trust with

respect to the provision of after-care services under section 117

of the Mental Health Act 1983, only to such extent and subject

to such conditions as may be prescribed.

(6)   

In this section—

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(a)   

“service” includes anything in respect of which direct payments

may be made;

(b)   

references to a person lacking capacity are references to a

person lacking capacity within the meaning of the Mental

Capacity Act 2005.

45

12C     

Direct payments pilot schemes

(1)   

Regulations under section 12B may provide for the Secretary of State to

have power—

 
 

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

9

 

(a)   

to make pilot schemes in accordance with which direct

payments may be made;

(b)   

to include in a pilot scheme, as respects payments to which the

scheme applies, any provision within section 12B(2), subject to

any provision made by the regulations.

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(2)   

The regulations may in particular make provision, or provide for the

pilot scheme to make provision, as to—

(a)   

the geographical area in which a pilot scheme operates;

(b)   

the revocation or amendment of a pilot scheme.

(3)   

A pilot scheme must, in accordance with the regulations, specify the

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period for which it has effect, subject to the extension of that period by

the Secretary of State in accordance with the regulations.

(4)   

The regulations must make provision as to the review of a pilot scheme,

or require the pilot scheme to include such provision.

(5)   

Provision as to the review of a pilot scheme may in particular include

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provision—

(a)   

for a review to be carried out by an independent person;

(b)   

for publication of the findings of a review;

(c)   

as to matters to be considered on a review.

(6)   

Those matters may in particular include any of the following—

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(a)   

the administration of the scheme;

(b)   

the effect of direct payments on the cost or quality of care

received by patients;

(c)   

the effect of direct payments on the behaviour of patients, carers

or persons providing services in respect of which direct

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payments are made.

(7)   

After any review of one or more pilot schemes, the Secretary of State

may make an order under subsection (8) or (10).

(8)   

An order under this subsection is an order making provision for either

or both of the following—

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(a)   

repealing section 12A(6) and subsections (1) to (4) of this

section;

(b)   

amending, repealing, or otherwise modifying any other

provision of this Act.

(9)   

An order may make provision within subsection (8)(b) only if it appears

35

to the Secretary of State to be necessary or expedient for the purpose of

facilitating the exercise of the powers conferred by section 12A(1) or by

regulations under section 12A(4).

(10)   

An order under this subsection is an order repealing sections 12A, 12B,

12D and this section.

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12D     

Arrangements with other bodies relating to direct payments

(1)   

The Secretary of State may arrange with any person or body to give

assistance in connection with direct payments.

(2)   

Arrangements may be made under subsection (1) with voluntary

organisations.

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Health Bill [HL]
Part 1 — Quality and delivery of NHS services in England
Chapter 4 — Innovation

10

 

(3)   

Powers under this section may be exercised on such terms as may be

agreed, including terms as to the making of payments by the Secretary

of State.”

12      

Jurisdiction of Health Service Commissioner

(1)   

The Health Service Commissioners Act 1993 (c. 46) is amended as follows.

5

(2)   

In section 2B (independent providers subject to investigation) after subsection

(1) insert—

“(1A)   

Persons are subject to investigation by the Commissioner if—

(a)   

they are, or were at the time of the action complained of,

providing direct payment services, and

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(b)   

they are not, or were not at the time of the action complained of,

health service bodies.”

(3)   

In subsection (5) of that section after “subsection (1)” insert “or (1A)”.

(4)   

In section 3(1C) (complaints against independent providers) after “(of

whatever kind)” insert “, or has undertaken to provide direct payment

15

services,”.

(5)   

In section 7(2) (contractual or commercial transactions) after paragraph (a)

insert—

“(aa)   

matters arising from arrangements for the provision of direct

payment services,”.

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(6)   

In section 14 (reports by the Commissioner), in subsection (2C)(e) after

“independent provider” insert “(in a case within section 2B(1))”.

(7)   

In section 19 (interpretation) after the definition of “the Court” insert—

““direct payment services” means services in respect of which

direct payments have been made under section 12A(1), or under

25

regulations under section 12A(4), of the National Health Service

Act 2006;”.

13      

Direct payments: minor and consequential amendments

Schedule 1 (which makes minor and consequential amendments relating to

direct payments, including in the case of section 117 of the Mental Health Act

30

1983 (c. 20), social care direct payments) has effect.

Chapter 4

Innovation

14      

Innovation prizes

(1)   

The Secretary of State may make payments as prizes to promote innovation in

35

the provision of health services in England.

(2)   

A prize may relate to—

(a)   

work at any stage of innovation (including research);

(b)   

work done at any time (including work before the commencement of

this section).

40

 
 

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England

11

 

(3)   

The Secretary of State may establish a committee to give advice about the

exercise of the power conferred by subsection (1), and may pay remuneration,

allowances and expenses to members.

Part 2

Powers in relation to health bodies

5

Chapter 1

Trust special administrators for NHS bodies in England

15      

Trust special administrators: NHS trusts and NHS foundation trusts

After section 65 of the National Health Service Act 2006 (c. 41) insert—

“Chapter 5A

10

Trust special administrators: NHS trusts and NHS foundation trusts

Application

65A     

Application

(1)   

This Chapter applies to—

(a)   

an NHS trust all or most of whose hospitals, establishments and

15

facilities are in England;

(b)   

an NHS foundation trust authorised under section 35 on an

application under section 33;

(c)   

an NHS foundation trust established under section 56 to which

subsection (2) applies.

20

(2)   

This subsection applies to an NHS foundation trust if—

(a)   

at least one of the trusts on whose application the NHS

foundation trust was established was an NHS trust within

subsection (1)(a) or an NHS foundation trust within subsection

(1)(b), or

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(b)   

the NHS foundation trust is the result of a succession of mergers

under section 56, any of which involved an NHS trust within

subsection (1)(a) or an NHS foundation trust within subsection

(1)(b).

Appointment

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65B     

Appointment of trust special administrator

(1)   

The Secretary of State may make an order authorising the appointment

of a trust special administrator to exercise the functions of the chairman

and directors of an NHS trust to which this Chapter applies.

(2)   

An order may be made under subsection (1) only if the Secretary of

35

State considers it appropriate in the interests of the health service.

 
 

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England

12

 

(3)   

The order must specify the date when the appointment is to take effect,

which must be within the period of 5 working days beginning with the

day on which the order is made.

(4)   

Before making the order the Secretary of State must consult—

(a)   

the trust,

5

(b)   

any Strategic Health Authority in whose area the trust has

hospitals, establishments or facilities, and

(c)   

any other person to which the trust provides goods or services

under this Act and which the Secretary of State considers it

appropriate to consult.

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(5)   

The Secretary of State must lay before Parliament (with the statutory

instrument containing the order) a report stating the reasons for

making the order.

(6)   

If an order is made under subsection (1), the Secretary of State must—

(a)   

appoint a person as the trust special administrator with effect

15

from the day specified in the order, and

(b)   

publish the name of the person appointed.

(7)   

A person appointed as a trust special administrator holds and vacates

office in accordance with the terms of the appointment.

(8)   

The Secretary of State may pay remuneration and expenses to a trust

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special administrator.

65C     

Suspension of directors

(1)   

When the appointment of a trust special administrator takes effect, the

trust’s chairman and executive and non-executive directors are

suspended from office.

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(2)   

Subsection (1) does not affect the employment of the executive directors

or their membership of any committee or sub-committee of the trust.

De-authorisation of NHS foundation trusts

65D     

NHS foundation trusts: regulator’s notice

(1)   

The regulator may give the Secretary of State a notice under this section

30

if it is satisfied that—

(a)   

an NHS foundation trust to which this Chapter applies is failing

to comply with a notice under section 52, and

(b)   

further exercise of the powers conferred by section 52 would not

be likely to secure the provision of the goods and services which

35

the trust’s authorisation requires it to provide.

(2)   

The notice must be in writing.

(3)   

With the notice the regulator must give the Secretary of State a report

stating the reasons why it is satisfied as mentioned in subsection (1).

(4)   

Before giving a notice under this section, the regulator must consult

40

first the Secretary of State and then—

(a)   

the trust,

 
 

Health Bill [HL]
Part 2 — Powers in relation to health bodies
Chapter 1 — Trust special administrators for NHS bodies in England

13

 

(b)   

any Strategic Health Authority in whose area the trust has

hospitals, establishments or facilities, and

(c)   

any other person to which the trust provides goods or services

under this Act and which the regulator considers it appropriate

to consult.

5

65E     

NHS foundation trusts: de-authorisation and appointment of trust

special administrator

(1)   

If the regulator gives notice under section 65D in relation to a trust, the

Secretary of State must make an order for it to cease to be an NHS

foundation trust.

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(2)   

An order made under subsection (1) must specify the date when it is to

take effect, which must be within the period of 5 working days

beginning with the day on which it is made.

(3)   

The Secretary of State must lay before Parliament (with the statutory

instrument containing the order) the regulator’s report under section

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65D(3).

(4)   

On an order under subsection (1) taking effect in relation to a body, it

ceases to be an NHS foundation trust and a public benefit corporation

and becomes a National Health Service trust.

(5)   

Schedule 10A (which makes provision about de-authorised NHS

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foundation trusts) has effect.

(6)   

Where an order is made under subsection (1) in relation to a trust, the

Secretary of State must also make an order under section 65B(1)

authorising the appointment of a trust special administrator in relation

to the trust.

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(7)   

The order under section 65B(1) must provide for the appointment to

take effect at the same time as the order under this section.

(8)   

Section 65B(2), (4) and (5) do not apply in relation to the order under

section 65B(1).

Consultation and report

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65F     

Draft report

(1)   

Within the period of 45 working days beginning with the day on which

a trust special administrator’s appointment takes effect, the

administrator must provide to the Secretary of State and publish a draft

report stating the action which the administrator recommends the

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Secretary of State should take in relation to the trust.

(2)   

When preparing the draft report, the administrator must consult—

(a)   

any Strategic Health Authority in whose area the trust has

hospitals, establishments or facilities, and

(b)   

any other person to which the trust provides goods or services

40

under this Act and which the Secretary of State directs the

administrator to consult.

(3)   

After receiving the draft report, the Secretary of State must lay it before

Parliament.

 
 

 
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