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 1 — The health service in England
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(a)
in the planning of the commissioning arrangements by the
consortium,
(b)
in the development and consideration of proposals by the
consortium for changes in the commissioning arrangements
where the implementation of the proposals would have a
5
significant impact on the manner in which the services are
delivered to the individuals or the range of health services
available to them, and
(c)
in decisions of the consortium affecting the operation of the
commissioning arrangements where the implementation of the
10
decisions would (if made) have such an impact.
(3)
The Board may publish guidance for commissioning consortia on the
discharge of their functions under this section.
(4)
A commissioning consortium must have regard to any guidance
published by the Board under subsection (3).
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(5)
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.
(6)
In this section, “health services” means any services that are (or are to
be) provided as part of the health service.
Arrangements with others
20
14Q
Arrangements by consortia in respect of the exercise of functions
(1)
Any two or more commissioning consortia may make arrangements
under this section.
(2)
The arrangements may provide for—
(a)
one of the commissioning consortia to exercise any of the
25
commissioning functions of another on its behalf, or
(b)
all the commissioning consortia to exercise any of their
commissioning functions jointly.
(3)
For the purposes of the arrangements a commissioning consortium
may—
30
(a)
make payments to another commissioning consortium, or
(b)
make the services of its employees or any other resources
available to another commissioning consortium.
(4)
For the purposes of the arrangements, all the consortia may establish
and maintain a pooled fund.
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(5)
A pooled fund is a fund—
(a)
which is made up of contributions by all the consortia, and
(b)
out of which payments may be made towards expenditure
incurred in the discharge of any of the commissioning functions
in respect of which the arrangements are made.
40
(6)
In this section, “commissioning functions” means the functions of
commissioning consortia in arranging for the provision of services as
part of the health service (including the function of making a request to
the Board for the purposes of section 14W).

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14R
Joint exercise of functions with Local Health Boards
(1)
Regulations may provide for any prescribed functions of a
commissioning consortium to be exercised jointly with a Local Health
Board.
(2)
Regulations may provide for any functions that are (by virtue of
5
subsection (1)) exercisable jointly by a commissioning consortium and
a Local Health Board to be exercised by a joint committee of the
consortium and the Board.
Additional powers of consortia
14S
Raising additional income
10
(1)
A commissioning consortium has power to do anything specified in
section 7(2)(a), (b) and (e) to (h) of the Health and Medicines Act 1988
(provision of goods etc.) for the purpose of making additional income
available for improving the health service.
(2)
A commissioning consortium may exercise a power conferred by
15
subsection (1) only to the extent that its exercise does not to any
significant extent interfere with the performance by the consortium of
its functions.
14T
Power to make grants
(1)
A commissioning consortium may make payments by way of grant to
20
a voluntary organisation which provides or arranges for the provision
of services which are similar to the services in respect of which the
consortium has functions.
(2)
The payments may be made subject to such terms and conditions as the
consortium considers appropriate.
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Board’s functions in relation to consortia
14U
Responsibility for payments to providers
(1)
The Board may publish a document specifying—
(a)
circumstances in which a commissioning consortium is liable to
make a payment to a person in respect of services provided by
30
that person in pursuance of arrangements made by another
consortium in the discharge of its commissioning functions, and
(b)
how the amount of any such payment is to be determined.
(2)
A commissioning consortium is required to make payments in
accordance with any document published under subsection (1).
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(3)
Where a commissioning consortium is required to make a payment by
virtue of subsection (2), no other consortium is liable to make it.
(4)
Accordingly, any obligation of another consortium to make the
payment ceases to have effect.
(5)
Any sums payable by virtue of subsection (2) may be recovered
40
summarily as a civil debt (but this does not affect any other method of
recovery).

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(6)
The Board may publish guidance for commissioning consortia for the
purpose of assisting them in understanding and applying any
document published under subsection (1).
(7)
In this section and section 14V, “commissioning functions” means the
functions of commissioning consortia in arranging for the provision of
5
services as part of the health service.
14V
Guidance on commissioning by the Board
(1)
The Board must publish guidance for commissioning consortia on the
discharge of their commissioning functions.
(2)
Each commissioning consortium must have regard to guidance under
10
this section.
(3)
The Board may enter into arrangements with another person under
which that person assists the Board in the preparation of guidance
under this section.
(4)
The Board must consult the Healthwatch England committee of the
15
Care Quality Commission—
(a)
before it first publishes guidance under this section, and
(b)
before it publishes any revised guidance containing changes
that are, in the opinion of the Board, significant.
14W
Exercise of functions by the Board
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(1)
The Board may, at the request of a commissioning consortium, exercise
on behalf of the consortium—
(a)
any of its functions under section 3 or 3A which are specified in
the request, and
(b)
any other functions of the consortium which are related to the
25
exercise of those functions.
(2)
Regulations may provide that the power in subsection (1) does not
apply in relation to functions of a prescribed description.
(3)
Arrangements under this section may be on such terms and conditions
(including terms as to payment) as may be agreed between the Board
30
and the consortium.
14X
Power of Board to provide assistance or support
(1)
The Board may provide assistance or support to a commissioning
consortium.
(2)
The assistance that may be provided includes—
35
(a)
financial assistance, and
(b)
making the services of the Board’s employees or any other
resources of the Board available to the consortium.
(3)
Assistance or support provided under this section may be provided on
such terms and conditions, including terms as to payment, as the Board
40
considers appropriate.
(4)
The Board may, in particular, impose restrictions on the use of any
financial or other assistance or support provided under this section.

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(5)
A commissioning consortium must comply with any restrictions
imposed under subsection (4).
Commissioning plans and reports
14Y
Commissioning plan
(1)
Before the start of each financial year, each commissioning consortium
5
must prepare a plan setting out how it proposes to exercise its functions
in that year.
(2)
The plan must, in particular, explain how the consortium proposes to
discharge its duties under—
(a)
section 14L, and
10
(b)
sections 223I to 223K.
(3)
In preparing the plan, the commissioning consortium must consult
each relevant Health and Wellbeing Board about its views on whether
the plan takes proper account of the most recent joint health and
wellbeing strategy published by the Health and Wellbeing Board (by
15
virtue of section 180 of the Health and Social Care Act 2011).
(4)
Where a Health and Wellbeing Board is consulted under subsection
(3)—
(a)
the Health and Wellbeing Board must give the consortium its
opinion on whether the plan takes proper account of the most
20
recent strategy, and
(b)
the consortium must include a statement of the Health and
Wellbeing Board’s opinion in the plan.
(5)
Where a Health and Wellbeing Board is consulted under subsection (3)
it may also give the Board its opinion on the matter mentioned in
25
subsection (4)(a).
(6)
The commissioning consortium must publish the plan.
(7)
The commissioning consortium must give a copy of the plan to the
Board before the date specified by the Board in a direction.
(8)
The commissioning consortium must give a copy of the plan to each
30
relevant Health and Wellbeing Board.
(9)
In this section, “relevant Health and Wellbeing Board” means a Health
and Wellbeing Board established for an area which coincides with, or
includes the whole or any part of, the area of the consortium.
(10)
In this section and section 14Z, “financial year” includes the period
35
which begins on the day the consortium is established and ends on the
following 31 March.
14Z
Reports by commissioning consortia
(1)
In each financial year, a commissioning consortium must prepare a
report (an “annual report”) on how it has discharged its functions in the
40
previous financial year.
(2)
An annual report must, in particular, explain how the commissioning
consortium has discharged its duty under sections 14L and 14P.

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(3)
The Board may give directions to commissioning consortia as to the
form and content of an annual report.
(4)
A commissioning consortium must give a copy of its annual report to
the Board before the date specified by the Board in a direction.
(5)
A commissioning consortium must—
5
(a)
publish its annual report, and
(b)
hold a meeting for the purpose of presenting the report to
members of the public.
Performance assessment of consortia
14Z1
Performance assessment of consortia
10
(1)
The Board must conduct a performance assessment of each
commissioning consortium in respect of each financial year.
(2)
A performance assessment is an assessment of how well the
consortium has discharged its functions during that year.
(3)
The assessment must, in particular, include an assessment of how well
15
the consortium has discharged its duties under—
(a)
section 14L, and
(b)
sections 223I to 223K.
(4)
The Board must, in particular, have regard to—
(a)
any document published by the Secretary of State for the
20
purposes of this section, and
(b)
any guidance published under section 14V.
(5)
The Board must publish a report in respect of each financial year
containing a summary of the results of each performance assessment
conducted by the Board in respect of that year.
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(6)
For the purposes of this section “financial year” includes the period
which begins on the day the consortium is established and ends on the
following 31 March.
Powers to require information etc.
14Z2
Circumstances in which powers in section 14Z3 and 14Z4 apply
30
(1)
Sections 14Z3 and 14Z4 apply where the Board has reason to believe—
(a)
that the area of a commissioning consortium is no longer
appropriate, or
(b)
that a commissioning consortium might have failed, might be
failing or might fail to discharge any of its functions.
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(2)
Any reference in subsection (1) to failure to discharge a function
includes a reference to failure to discharge it properly.
14Z3
Power to require documents and information etc.
(1)
Where this section applies, the Board may require a person mentioned
in subsection (2) to provide to the Board any information, documents,
40
records or other items that the Board considers it necessary or

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expedient to have for the purposes of any of its functions in relation to
the commissioning consortium.
(2)
The persons mentioned in this subsection are—
(a)
the commissioning consortium if it has possession or control of
the item in question;
5
(b)
any member or employee of the consortium who has possession
or control of the item in question.
(3)
A person must comply with a requirement imposed under subsection
(1).
(4)
The power conferred by subsection (1) includes power to require that
10
any information, documents or records kept by means of a computer be
provided in legible form.
(5)
The power conferred by subsection (1) does not include power to
require the provision of personal records.
(6)
In subsection (5), “personal records” has the meaning given by section
15
12 of the Police and Criminal Evidence Act 1984.
14Z4
Power to require explanation
(1)
Where this section applies, the Board may require the commissioning
consortium to provide it with an explanation of any matter which
relates to the exercise by the consortium of any of its functions,
20
including an explanation of how the consortium is proposing to
exercise any of its functions.
(2)
The Board may require the explanation to be given—
(a)
orally at such time and place as the Board may specify, or
(b)
in writing.
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(3)
The commissioning consortium must comply with a requirement
imposed under subsection (1).
14Z5
Use of information
Any information, documents, records or other items that are obtained
by the Board in pursuance of section 14Z3 or 14Z4 may be used by the
30
Board in connection with any of its functions in relation to
commissioning consortia.
Intervention powers
14Z6
Power to give directions, dissolve consortium etc.
(1)
This section applies if the Board is satisfied that—
35
(a)
a commissioning consortium is failing or has failed to discharge
any of its functions, or
(b)
there is a significant risk that a commissioning consortium will
fail to do so.
(2)
The Board may direct the consortium to discharge such of those
40
functions, and in such manner and within such period or periods, as
may be specified in the direction.
(3)
The Board may direct—

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(a)
the consortium, or
(b)
the accountable officer of the consortium,

to cease to perform any functions for such period or periods as may be
specified in the direction.
(4)
The Board may—
5
(a)
terminate the appointment of the consortium’s accountable
officer, and
(b)
appoint another person to be its accountable officer.
(5)
Paragraph 9(4) of Schedule 1A does not apply to an appointment under
subsection (4)(b).
10
(6)
The Board may vary the constitution of the consortium, including
doing so by—
(a)
varying its area,
(b)
adding any person who is a provider of medical services to the
list of members, or
15
(c)
removing any person from that list.
(7)
The Board may dissolve the consortium.
(8)
Where a direction is given under subsection (3) the Board may—
(a)
exercise any of the functions that are the subject of the direction
on behalf of the consortium or (as the case may be) the
20
accountable officer;
(b)
direct another consortium or (as the case may be) the
accountable officer of another consortium to perform any of
those functions on behalf of the consortium or (as the case may
be) the accountable officer, in such manner and within such
25
period or periods as may be specified in the directions.
(9)
A commissioning consortium to which a direction is given under
subsection (3) must—
(a)
where the Board exercises a function of the consortium under
subsection (8)(a), co-operate with the Board, and
30
(b)
where a direction is given under subsection (8)(b) to another
commissioning consortium or to the accountable officer of
another commissioning consortium, co-operate with the other
consortium or (as the case may be) the accountable officer.
(10)
Before exercising the power conferred by subsection (8)(b) the Board
35
must consult the consortium to which it is proposing to give the
direction.
(11)
Where the Board exercises a power conferred by subsection (6) or (7),
the Board may make a property transfer scheme or a staff transfer
scheme.
40
(12)
In subsection (11), “property transfer scheme” and “staff transfer
scheme” have the same meaning as in section 14I.
(13)
Part 3 of Schedule 1A applies in relation to a property transfer scheme
or a staff transfer scheme under subsection (11) as it applies in relation
to a property transfer scheme or (as the case may be) a staff transfer
45
scheme under section 14I(1).