Health and Social Care Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Public involvement and local government
Chapter 2 — Local government
154

182
Discharge of functions of Health and Wellbeing Boards
Two or more Health and Wellbeing Boards may make arrangements for—
(a)
any of their functions to be exercisable jointly;
(b)
any of their functions to be exercisable by a joint sub-committee of the
Boards;
5
(c)
a joint sub-committee of the Boards to advise them on any matter
related to the exercise of their functions.
183
Supply of information to Health and Wellbeing Boards
(1)
A Health and Wellbeing Board may, for the purpose of enabling or assisting it
to perform its functions, request any of the following persons to supply it with
10
such information as may be specified in the request—
(a)
the local authority that established the Health and Wellbeing Board;
(b)
any person who is represented on the Health and Wellbeing Board by
virtue of section 178(2)(e) to (g) or (9);
(c)
any person who is a member of a Health and Wellbeing Board by virtue
15
of section 178(2)(g) or (9) but is not acting as a representative.
(2)
A person who is requested to supply information under subsection (1) must
comply with the request.
(3)
Information supplied to a Health and Wellbeing Board under this section may
be used by the Board only for the purpose of enabling or assisting it to perform
20
its functions.
(4)
Information requested under subsection (1) must be information that relates
to—
(a)
a function of the person to whom the request is made, or
(b)
a person in respect of whom a function is exercisable by that person.
25
Care Trusts
184
Care Trusts
(1)
In section 77 of the National Health Service Act 2006 (Care Trusts), in
subsection (1)—
(a)
in paragraph (a), after “an NHS trust” insert “or a commissioning
30
consortium or an NHS foundation trust”,
(b)
omit the “and” preceding paragraph (b),
(c)
in paragraph (b), for “the Secretary of State considers” substitute “the
body and the local authority concerned consider”,
(d)
in that paragraph, for “a local authority” substitute “the local
35
authority”,
(e)
after paragraph (b,) insert “, and
(c)
the requirements in subsection (1A) are satisfied,”, and
(f)
for “the Secretary of State may” substitute “the body and the local
authority may jointly”.
40
(2)
After that subsection insert—
“(1A)
The body and the local authority must, before designating the body as
a Care Trust under this section—

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Part 5 — Public involvement and local government
Chapter 2 — Local government
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(a)
publish in the prescribed form and manner—
(i)
the reasons why they consider that the proposed
designation would be likely to have the result
mentioned in subsection (1)(b), and
(ii)
information about the proposed governance
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arrangements of the Care Trust, and
(b)
consult on the proposed designation in accordance with
regulations.
(1B)
Where a body has been designated as a Care Trust under this section,
the body and the local authority must notify prescribed persons of the
10
designation.”
(3)
Omit subsections (2) and (3) of that section.
(4)
In subsection (4) of that section—
(a)
for “The direction is that while the body is designated it” substitute “A
body designated as a Care Trust under this section”,
15
(b)
for “specified in the direction” substitute “agreed”,
(c)
for “so specified” substitute “so agreed”, and
(d)
at the end insert “; and “agreed” means agreed by the body and the local
authority”.
(5)
For subsection (5) of that section substitute—
20
“(5)
Where a body is designated as a Care Trust under this section, the body
and the local authority may jointly revoke that designation.
(5A)
Before revoking a designation as a Care Trust under this section, the
body and the local authority must consult on the proposed revocation
of the designation in accordance with regulations.
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(5B)
Where the designation of a body as a Care Trust under this section has
been revoked, the body and the local authority must notify prescribed
persons of the revocation.”
(6)
After subsection (5B) of that section insert—
“(5C)
Regulations under subsection (1A)(b) or (5A) may include provision
30
requiring a body and a local authority to publish prescribed
information following a consultation.”
(7)
After subsection (5C) of that section insert—
“(5D)
Where a duty is imposed by or by virtue of this section on a body and
a local authority, they may make arrangements for the function to be
35
discharged—
(a)
by both of them acting jointly,
(b)
by each of them acting separately, or
(c)
by one of them acting on behalf of both of them.”
(8)
Omit subsection (6) of that section.
40
(9)
Omit subsection (7) of that section.
(10)
In subsection (9) of that section—
(a)
omit paragraph (a),
(b)
omit paragraph (b),

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Part 6 — Primary care services
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(c)
omit paragraph (c), and
(d)
in paragraph (d), for “subsection (3)” substitute “subsection (4)”.
(11)
In subsection (10) of that section, after “NHS trust” insert “or commissioning
consortium or NHS foundation trust”.
(12)
In subsection (12) of that section, in the definition of “NHS functions” after
5
“NHS trust” insert “or commissioning consortium or NHS foundation trust”.
(13)
Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an
NHS trust which has satisfied any requirement in relation to consultation
imposed by virtue of subsection (9) of section 77 of the National Health Service
Act 2006 before the commencement of those subsections.
10
(14)
A Primary Care Trust or NHS trust which, after the commencement of
subsection (5), has its designation as a Care Trust revoked must notify the
Secretary of State of that revocation.
(15)
Despite the repeal of subsection (6) of section 77 of the National Health Service
Act 2006 by subsection (8), that subsection continues to have effect so far as it
15
applies to the revocation of designations—
(a)
in relation to Primary Care Trusts, until the commencement of section
29, and
(b)
in relation to NHS trusts, until the commencement of section 164.
Chapter 3
20
The Health Service Commissioner for England
185
Disclosure of reports etc. by the Health Service Commissioner
In section 14 of the Health Service Commissioners Act 1993 (reports etc. by the
Commissioner), after subsection (2H) insert—
“(2I)
Where the Commissioner is required by this section to send a report or
25
statement of reasons to certain persons, the Commissioner may send
the report or statement to such other persons as the Commissioner
thinks appropriate.”
Part 6
Primary care services
30
186
General medical services: minor amendments
(1)
In section 86 of the National Health Service Act 2006 (persons eligible to enter
into general medical services contracts), in subsection (3), in paragraphs (a)
and (b), before “legally and beneficially” insert “both”.
(2)
In section 89 of that Act (general medical services contracts: required terms), in
35
subsection (3), for “may make” substitute “must make”.
(3)
In section 93 of that Act (persons with whom arrangements may be made
under section 92 of that Act for the provision of primary medical services), in
the definition of “qualifying body” in subsection (3), before “legally and
beneficially” insert “both”.
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187
Persons eligible to enter into general dental services contracts
(1)
Section 102 of the National Health Service Act 2006 (persons eligible to enter
into general dental services contracts) is amended as follows.
(2)
In subsection (1), in paragraph (c), for “individuals” substitute “persons”.
(3)
After that subsection insert “,
5
(d)
a limited liability partnership where the conditions in
subsection (2A) are satisfied.”
(4)
In subsection (2), for paragraph (b) substitute—
“(b)
subsection (3A) or (3B) applies.”
(5)
After that subsection insert—
10
“(2A)
The conditions referred to in subsection (1)(d) are that—
(a)
at least one member is a dental practitioner, and
(b)
subsection (3A) or (3B) applies.”
(6)
After subsection (3) insert—
“(3A)
This subsection applies if a partner or member who is a dental
15
practitioner, or who falls within subsection (3C), has the power to
secure that the partnership’s affairs are conducted in accordance with
that partner’s or member’s wishes.
(3B)
This subsection applies if, in any combination of partners or members
who, acting together, have the power (or who, if they were to act
20
together, would have the power) to secure that the partnership’s affairs
are conducted in accordance with their wishes, at least one of them is a
dental practitioner or a person who falls within subsection (3C).”
(7)
After subsection (3A) insert—
“(3C)
A person falls within this subsection if the person is—
25
(a)
an NHS employee,
(b)
a section 92 employee, section 107 employee, section 50
employee, section 64 employee, section 17C employee or Article
15B employee,
(c)
a health care professional who is engaged in the provision of
30
services under this Act or the National Health Service (Wales)
Act 2006, or
(d)
an individual falling within section 108(1)(d).”
188
Arrangements under section 107 of the National Health Service Act 2006
(1)
Section 108 of the National Health Service Act 2006 (persons with whom
35
section 107 arrangements may be made) is amended as follows.
(2)
In subsection (1)—
(a)
before “make an agreement” insert “, subject to such conditions as may
be prescribed,”,
(b)
in each of paragraphs (b) and (c), omit “who meets the prescribed
40
conditions”,
(c)
for paragraph (f) substitute—
“(f)
a dental corporation,”, and

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(d)
after paragraph (f) insert—
“(fa)
a company limited by shares where the conditions in
subsection (1A) are satisfied,
(fb)
a limited liability partnership where subsection (1B) or
(1C) is satisfied,”.
5
(3)
After subsection (1) insert—
“(1A)
The conditions referred to in subsection (1)(fa) are that—
(a)
every person who owns a share in the company owns it both
legally and beneficially, and
(b)
it is not possible for two or more members of the company who
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are not persons who fall within subsection (1)(a) to (e) to hold
the majority of the voting rights conferred by shares in the
company on any matter on which members have such rights.”
(4)
After subsection (1A) insert—
“(1B)
This subsection applies if a member of the partnership who falls within
15
subsection (1)(a) to (e) has the power to secure that the partnership’s
affairs are conducted in accordance with that member’s wishes.
(1C)
This subsection applies if, in any combination of members of the
partnership who, acting together, have the power (or who, if they were
to act together, would have the power) to secure that the partnership’s
20
affairs are conducted in accordance with their wishes, at least one of
them falls within subsection (1)(a) to (e).”
(5)
Omit subsection (2).
(6)
In subsection (3)—
(a)
at the appropriate place insert—
25
““dental corporation”” means a body corporate which is
carrying on the business of dentistry in accordance with
the Dentists Act 1984,”, and
(b)
omit the definition of “qualifying body”.
189
Payments in respect of costs of sight tests
30
(1)
Section 180 of the National Health Service Act 2006 (payments in respect of
costs of optical appliances) is amended as follows.
(2)
In subsection (3), before paragraph (a) insert—
“(za)
provide for payments to be made by the Board to meet, or to
contribute towards, any cost accepted by the Board as having
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been incurred for the cost of a sight test of a person who—
(i)
falls within section 115(2)(c), but
(ii)
at the time of the test has not been issued with a notice
by the Secretary of State of entitlement to receive
assistance in respect of the cost of a sight test (or has
40
been issued with such a notice but has yet to receive it),”.
(3)
After that subsection insert—
“(3A)
The amount of a payment by virtue of subsection (3)(za) or (a) must not
exceed the amount for the time being set in regulations under this

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section as the applicable fee in the case in question for the provision of
the sight-testing service under section 115(1)(a).”
190
Pharmaceutical needs assessments
(1)
In section 128A of the National Health Service Act 2006 (pharmaceutical needs
assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for “Primary
5
Care Trust” substitute “Health and Wellbeing Board”.
(2)
In section 24 of that Act (plans for improving health etc.), at the end of
subsection (8)(a) (but before the following “, and”) insert “(other than
pharmaceutical services or local pharmaceutical services)”.
(3)
In section 24A of that Act (report on consultation), in subsection (2), for “Parts
10
4 to 7” substitute “Parts 4 to 6”.
(4)
In section 242 of that Act (public involvement and consultation), in subsection
(1F), after “(1E),” insert “—
(a)
“health services” does not include pharmaceutical services or
local pharmaceutical services, and
15
(b)
”.
(5)
In section 242A of that Act (Strategic Health Authorities: further duty to
involve users), at the end of subsection (2) add “; and for that purpose “health
services” does not include pharmaceutical services or local pharmaceutical
services”.
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191
Control of entry on pharmaceutical lists
(1)
Section 129 of the National Health Service Act 2006 (regulations as to
pharmaceutical lists) is amended as follows.
(2)
In subsection (2), in paragraph (c)—
(a)
for “must be granted if” substitute “may be granted only if”, and
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(b)
omit the words from “and may otherwise” to the end.
(3)
After that subsection insert—
“(2ZA)
The Board may not include the Secretary of State, or such other persons
as the regulations may prescribe, in a list prepared for the purposes of
provision under subsection (2)(a).”
30
(4)
In subsection (2A)—
(a)
for “its needs statement” substitute “the needs statement for the
relevant area”, and
(b)
for the words from “it is necessary” to the end substitute “to grant the
application would—
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(a)
meet a need in that area for the services or some of the
services specified in the application, or
(b)
secure improvements, or better access, to
pharmaceutical services in that area.”
(5)
For subsection (2B) substitute—
40
“(2B)
In subsection (2A), “relevant area”, in relation to a needs statement, is
the area of the Health and Wellbeing Board which includes the

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premises from which the application states that the applicant will
undertake to provide services.”
(6)
In subsection (2C), for “(2B)” substitute “(2A)”.
(7)
In subsection (4)(c), omit “or (2B)”.
(8)
In subsection (6)(g)—
5
(a)
after “grounds on which” insert “or circumstances in which”,
(b)
before “may, or must,” insert “—
(i)
”, and
(c)
at the end insert “,
(ii)
may, or must, remove a person or an entry in
10
respect of premises from a pharmaceutical list”.
(9)
In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing
Board”.
(10)
In section 130 of that Act (regulations about appeals from decisions on
applications for inclusion in pharmaceutical list)—
15
(a)
after “an application” insert “on grounds corresponding to the
conditions referred to in section 151(2), (3) or (4) as read with section
153”, and
(b)
omit “(by way of redetermination)”.
(11)
In section 136 of that Act (designation of priority neighbourhoods or
20
premises)—
(a)
in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute
“relevant areas”, and
(b)
after subsection (3) insert—
“(4)
“Relevant area” has the same meaning as in section 129(2)(a).”
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(12)
In Schedule 12 to that Act (provision of local pharmaceutical services under
LPS schemes), in paragraph 2—
(a)
in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods”
substitute “relevant areas”, and
(b)
after sub-paragraph (3) insert—
30
    “(4)
“Relevant area” has the same meaning as in section
129(2)(a).”
192
Lists of performers of pharmaceutical services and assistants etc.
(1)
Omit the following provisions of the National Health Service Act 2006—
(a)
section 146 (lists of persons performing local pharmaceutical services)
35
and the preceding cross-heading,
(b)
section 149 (supplementary lists), and
(c)
section 150 (further provision about supplementary lists).