Health and Social Care Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The health service in England
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(2)
The duty imposed by subsection (1) includes, in particular, a duty to
encourage commissioning consortia to enter into arrangements with
local authorities in pursuance of regulations under section 75.
13K
Duty to have regard to impact on services in certain areas
(1)
In making commissioning decisions, the Board must have regard to the
5
likely impact of those decisions on the provision of health services to
persons who reside in an area of Wales or Scotland that is close to the
border with England.
(2)
In this section—
“commissioning decisions”, in relation to the Board, means
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decisions about the carrying out of its functions in arranging for
the provision of health services;
“health services” means services that are (or are to be) provided as
part of the health service.
Public involvement
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13L
Public involvement and consultation by the Board
(1)
This section applies in relation to any health services which are, or are
to be, provided pursuant to arrangements made by the Board
(“commissioning arrangements”).
(2)
The Board must make arrangements to secure that individuals to
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whom the services are being or may be provided are involved (whether
by being consulted or provided with information or in other ways)—
(a)
in the planning of the commissioning arrangements by the
Board,
(b)
in the development and consideration of proposals by the
25
Board for changes in the commissioning arrangements where
the implementation of the proposals would have a significant
impact on the manner in which the services are delivered to the
individuals or the range of health services available to them,
and
30
(c)
in decisions of the Board affecting the operation of the
commissioning arrangements where the implementation of the
decisions would (if made) have such an impact.
(3)
The reference in subsection (2)(b) to the delivery of services is a
reference to their delivery at the point when they are received by users.
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(4)
In this section, “health services” means any services that are (or are to
be) provided as part of the health service.
Functions in relation to information
13M
Information on safety of services provided by the health service
(1)
The Board must establish and operate systems for collecting and
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analysing information relating to the safety of the services provided by
the health service.

Health and Social Care Bill
Part 1 — The health service in England
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(2)
The Board must make information collected by virtue of subsection (1),
and any other information obtained by analysing it, available to such
persons as the Board considers appropriate.
(3)
The Board may impose charges, calculated on such basis as it considers
appropriate, in respect of information made available by it under
5
subsection (2).
(4)
The Board must give advice and guidance, to such persons as it
considers appropriate, for the purpose of maintaining and improving
the safety of the services provided by the health service.
(5)
The Board must monitor the effectiveness of the advice and guidance
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given by it under subsection (4).
(6)
A commissioning consortium must have regard to any advice or
guidance given to it under subsection (4).
(7)
The Board may arrange for any other person (including another NHS
body) to exercise any of the Board’s functions under this section.
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13N
Guidance in relation to processing of information
(1)
The Board must publish guidance for registered persons on the practice
to be followed by them in relation to the processing of—
(a)
patient information, and
(b)
any other information obtained or generated in the course of the
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provision of the health service.
(2)
Registered persons who carry on an activity which involves, or is
connected with, the provision of health care must have regard to any
guidance published under this section.
(3)
In this section, “patient information”, “processing” and “registered
25
person” have the same meanings as in section 20A of the Health and
Social Care Act 2008.
Business plan and report
13O
Business plan
(1)
Before the start of each financial year, the Board must publish a
30
business plan setting out how it proposes to exercise its functions in
that year and each of the next two financial years.
(2)
The business plan must, in particular, explain how the Board proposes
to achieve the objectives, and comply with the requirements, specified
in the mandate for the first financial year to which the plan relates.
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(3)
The Board may revise the plan.
(4)
The Board must publish any revised plan.
(5)
In this section and section 13P, “financial year” includes the period
which begins on the day the Board is established and ends on the
following 31 March.
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Health and Social Care Bill
Part 1 — The health service in England
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13P
Annual report
(1)
As soon as practicable after the end of each financial year, the Board
must publish an annual report on how it has exercised its functions
during the year.
(2)
The annual report must, in particular, contain an assessment of—
5
(a)
the extent to which it met any objectives or requirements
specified in the mandate for that year,
(b)
the extent to which it gave effect to the proposals for that year
in its business plan, and
(c)
how effectively it discharged its duties under sections 13D and
10
13L.
(3)
The Board must—
(a)
lay the annual report before Parliament, and
(b)
once it has done so, send a copy of it to the Secretary of State.
(4)
The Secretary of State must, having considered the annual report, set
15
out in a letter to the Board the Secretary of State’s assessment of the
Board’s performance of its functions in the financial year in question.
(5)
The letter must, in particular, contain the Secretary of State’s
assessment of the matters mentioned in subsection (2)(a) to (c).
(6)
The Secretary of State must—
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(a)
publish the letter to the Board, and
(b)
lay it before Parliament.
Additional powers
13Q
Establishment of pooled funds
(1)
The Board and one or more commissioning consortia may establish and
25
maintain a pooled fund.
(2)
A pooled fund is a fund—
(a)
which is made up of contributions by the bodies which
established it, and
(b)
out of which payments may be made, with the agreement of
30
those bodies, towards expenditure incurred in the discharge of
any of their commissioning functions.
(3)
In this section, “commissioning functions” means functions in
arranging for the provision of services as part of the health service.
13R
Board’s power to generate income, etc.
35
(1)
The Board has power to do anything specified in section 7(2) of the
Health and Medicines Act 1988 (provision of goods, services, etc.) for
the purpose of making additional income available for improving the
health service.
(2)
The Board may exercise a power conferred by subsection (1) only to the
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extent that its exercise does not to any significant extent interfere with
the performance by the Board of its functions.

Health and Social Care Bill
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13S
Board’s incidental powers: further provision
The power conferred on the Board by section 2 includes in particular
power to—
(a)
enter into agreements,
(b)
acquire and dispose of property, and
5
(c)
accept gifts (including property to be held on trust for the
purposes of the Board).
Exercise of functions of Board
13T
Exercise of functions
(1)
This section applies to functions exercisable by the Board under or by
10
virtue of this Act or any prescribed provision of any other Act.
(2)
The Board may arrange for any such function to be exercised by or
jointly with—
(a)
a Special Health Authority,
(b)
a commissioning consortium, or
15
(c)
such other body as may be prescribed.
(3)
Regulations may provide that the power in subsection (2) does not
apply in relation to a function of a prescribed description.
(4)
Where any functions are (by virtue of subsection (2)) exercisable jointly
by the Board and another body, they may be exercised by a joint
20
committee of the Board and the other body.
(5)
Arrangements under this section may be on such terms and conditions
(including terms as to payment) as may be agreed between the Board
and the other party to the arrangements.
Power to confer additional functions
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13U
Power to confer additional functions on the Board
(1)
Regulations may provide that the Board is to have such additional
functions in relation to the health service as may be specified in the
regulations.
(2)
A function may be specified in regulations under subsection (1) only if
30
the function is connected to another function of the Board.
Intervention powers
13V
Failure by the Board to discharge any of its functions
(1)
The Secretary of State may give a direction to the Board if the Secretary
of State considers that the Board—
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(a)
is failing or has failed to discharge any of its functions, or
(b)
is failing or has failed properly to discharge any of its functions.
(2)
A direction under subsection (1) may direct the Board to discharge such
of those functions, and in such manner and within such period or
periods, as may be specified in the direction.
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Health and Social Care Bill
Part 1 — The health service in England
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(3)
If the Board fails to comply with a direction under subsection (1), the
Secretary of State may—
(a)
discharge the functions to which it relates, or
(b)
make arrangements for any other person to discharge them on
the Secretary of State’s behalf.
5
Disclosure of information
13W
Permitted disclosures of information
(1)
The Board may disclose information obtained by it in the exercise of its
functions if—
(a)
the information has previously been lawfully disclosed to the
10
public,
(b)
the disclosure is made under or pursuant to regulations under
section 113 or 114 of the Health and Social Care (Community
Health and Standards) Act 2003 (complaints about health care
or social services),
15
(c)
the disclosure is made in accordance with any enactment or
court order,
(d)
the disclosure is necessary or expedient for the purposes of
protecting the welfare of any individual,
(e)
the disclosure is made to any person in circumstances where it
20
is necessary or expedient for the person to have the information
for the purpose of exercising functions of that person under any
enactment,
(f)
the disclosure is made for the purpose of facilitating the exercise
of any of the Board’s functions,
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(g)
the disclosure is made in connection with the investigation of a
criminal offence (whether or not in the United Kingdom), or
(h)
the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).
(2)
This section has effect notwithstanding any rule of common law which
30
would otherwise prohibit or restrict the disclosure.
Interpretation
13X
Interpretation
In this Chapter, “the health service” means the health service in
England.”
35
(2)
In section 272 of that Act (orders, regulations, rules and directions), in
subsection (6) after paragraph (za) insert—
“(zb)
regulations under section 13U;”.
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Financial arrangements for the Board
Before the cross-heading preceding section 224 of the National Health Service
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Health and Social Care Bill
Part 1 — The health service in England
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Act 2006 insert—
“The Board
223B
Funding of the Board
(1)
The Secretary of State must pay to the Board in respect of each financial year
sums not exceeding the amount allotted for that year by the Secretary of State
5
towards meeting the expenditure of the Board which is attributable to the
performance by it of its functions in that year.
(2)
An amount is allotted to the Board for a financial year under this
section when the Secretary of State publishes the mandate for that year
(see section 13A).
10
(3)
The Secretary of State may make a new allotment under this section increasing
or reducing the allotment previously so made only if—
(a)
the Board agrees to the change, or
(b)
the Secretary of State considers that there are exceptional
circumstances that make a new allotment necessary.
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(4)
The Secretary of State may give directions to the Board as to—
(a)
the maximum amount that the Board and commissioning
consortia (taken together) may spend on prescribed matters
relating to administration during the financial year, and
(b)
the maximum amount that the Board may spend on any such
20
matters.
(5)
The Secretary of State may give directions to the Board with respect to
the payment of sums by it to the Secretary of State in respect of charges
or other sums referable to the valuation or disposal of assets.
(6)
Sums falling to be paid to the Board under this section are payable
25
subject to such conditions as to records, certificates or otherwise as the
Secretary of State may determine.
(7)
For the purposes of subsection (4) expenditure is to be disregarded if it
is to be met otherwise than from sums paid under subsection (1).
(8)
In this section and sections 223C to 223F, “financial year” includes the
30
period which begins on the day the Board is established and ends on
the following 31 March.
223C
Use of resources by the Board
(1)
The Secretary of State may direct that the Board’s use of resources in a
financial year must not exceed a specified amount (the “resource
35
allocation”).
(2)
The Secretary of State may vary the specified amount only if—
(a)
the Board agrees to the change, or
(b)
the Secretary of State considers that there are exceptional
circumstances that make the variation necessary.
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(3)
In this section and in section 223E, a reference to the use of resources is
a reference to their expenditure, consumption or reduction in value.