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
44

Further provision about local authorities’ role in the health service
25
Other health service functions of local authorities under the 2006 Act
(1)
The National Health Service Act 2006 (c. 41) is amended as follows.
(2)
In section 111 (dental public health)—
(a)
in subsection (1) for “A Primary Care Trust” substitute “A local
5
authority”,
(b)
in subsection (2)—
(i)
for “Primary Care Trust” (in each place where it occurs)
substitute “local authority”, and
(ii)
in paragraph (b) for “other Primary Care Trusts” substitute
10
“other local authorities”, and
(c)
after subsection (2) insert—
“(3)
In this section, “local authority” has the same meaning as in
section 2B.”
(3)
In section 249 (joint working with the prison service) after subsection (4)
15
insert—
“(4A)
For the purposes of this section, each local authority (within the
meaning of section 2B) is to be treated as an NHS body.”
26
Appointment of directors of public health
In Part 3 of the National Health Service Act 2006 (local authorities and the
20
NHS) before section 74 insert—
“73A
Appointment of directors of public health
(1)
Each local authority must, acting jointly with the Secretary of State,
appoint an individual to have responsibility for —
(a)
the exercise by the authority of its functions under section 2B,
25
111 or 249 or Schedule 1,
(b)
the exercise by the authority of its functions by virtue of section
6C,
(c)
anything done by the authority in pursuance of arrangements
under section 7A,
30
(d)
the exercise by the authority of any of its functions that relate to
planning for, or responding to, emergencies involving a risk to
public health,
(e)
the functions of the authority under section 325 of the Criminal
Justice Act 2003, and
35
(f)
such other functions relating to public health as may be
prescribed.
(2)
The individual so appointed is to be an officer of the local authority and
is to be known as its director of public health.
(3)
Subsection (4) applies if the Secretary of State—
40
(a)
considers that the director has failed or might have failed to
discharge (or to discharge properly) the responsibilities of the
director under—

Health and Social Care Bill
Part 1 — The health service in England
45

(i)
subsection (1)(b), or
(ii)
subsection (1)(c) where the arrangements relate to the
Secretary of State’s functions under section 2A, and
(b)
has consulted the local authority.
(4)
The Secretary of State may direct the local authority to—
5
(a)
review how the director has discharged the responsibilities
mentioned in subsection (3)(a);
(b)
investigate whether the director has failed to discharge (or to
discharge properly) those responsibilities;
(c)
consider taking any steps specified in the direction;
10
(d)
report to the Secretary of State on the action it has taken in
pursuance of a direction given under any of the preceding
paragraphs.
(5)
A local authority may terminate the appointment of its director of
public health.
15
(6)
Before terminating the appointment of its director of public health, a
local authority must consult the Secretary of State.
(7)
In this section, “local authority” has the same meaning as in section 2B.”
27
Exercise of public health functions of local authorities
In Part 3 of the National Health Service Act 2006 after section 73A insert—
20
“73B
Exercise of public health functions of local authorities: further
provision
(1)
A local authority must, in the exercise of any functions mentioned in
subsection (2), have regard to any document published by the Secretary
of State for the purposes of this section.
25
(2)
The functions mentioned in this subsection are—
(a)
the exercise by the authority of its functions under section 2B,
111 or 249 or Schedule 1,
(b)
the exercise by the authority of its functions by virtue of section
6C,
30
(c)
anything done by the authority in pursuance of arrangements
under section 7A,
(d)
the functions of the authority under section 325 of the Criminal
Justice Act 2003, and
(e)
such other functions relating to public health as may be
35
prescribed.
(3)
The Secretary of State may give guidance to local authorities as to the
exercise of any functions mentioned in subsection (2).
(4)
The director of public health for a local authority must prepare an
annual report on the health of the people in the area of the local
40
authority.
(5)
The local authority must publish the report.
(6)
In this section, “local authority” has the same meaning as in section 2B.”

Health and Social Care Bill
Part 1 — The health service in England
46

Abolition of Strategic Health Authorities and Primary Care Trusts
28
Abolition of Strategic Health Authorities
(1)
The Strategic Health Authorities continued in existence or established under
section 13 of the National Health Service Act 2006 are abolished.
(2)
Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed.
5
29
Abolition of Primary Care Trusts
(1)
The Primary Care Trusts continued in existence or established under section 18
of the National Health Service Act 2006 are abolished.
(2)
Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed.
Functions relating to mental health matters
10
30
Approval functions
(1)
After section 12 of the Mental Health Act 1983 insert—
“12ZA
Agreement for exercise of approval function: England
(1)
The Secretary of State may enter into an agreement with another person
for an approval function of the Secretary of State to be exercisable by
15
the Secretary of State concurrently—
(a)
with that other person, and
(b)
if a requirement under section 12ZB has effect, with the other
person by whom the function is exercisable under that
requirement.
20
(2)
In this section and sections 12ZB and 12ZC, “approval function”
means—
(a)
the function under section 12(2), or
(b)
the function of approving persons as approved clinicians.
(3)
An agreement under this section may, in particular, provide for an
25
approval function to be exercisable by the other party—
(a)
in all circumstances or only in specified circumstances;
(b)
in all areas or only in specified areas.
(4)
An agreement under this section may provide for an approval function
to be exercisable by the other party—
30
(a)
for a period specified in the agreement, or
(b)
for a period determined in accordance with the agreement.
(5)
The other party to an agreement under this section must comply with
such instructions as the Secretary of State may give with respect to the
exercise of the approval function.
35
(6)
An instruction under subsection (5) may require the other party to
cease to exercise the function to such extent as the instruction specifies.

Health and Social Care Bill
Part 1 — The health service in England
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(7)
The agreement may provide for the Secretary of State to pay
compensation to the other party in the event of an instruction such as is
mentioned in subsection (6) being given.
(8)
An instruction under subsection (5) may be given in such form as the
Secretary of State may determine.
5
(9)
The Secretary of State must publish instructions under subsection (5) in
such form as the Secretary of State may determine; but that does not
apply to an instruction such as is mentioned in subsection (6).
(10)
An agreement under this section may provide for the Secretary of State
to make payments to the other party; and the Secretary of State may
10
make payments to other persons in connection with the exercise of an
approval function by virtue of this section.
12ZB
Requirement to exercise approval functions: England
(1)
The Secretary of State may impose a requirement on the National
Health Service Commissioning Board (“the Board”) or a Special Health
15
Authority for an approval function of the Secretary of State to be
exercisable by the Secretary of State concurrently—
(a)
with the Board or (as the case may be) Special Health Authority,
and
(b)
if an agreement under section 12ZA has effect, with the other
20
person by whom the function is exercisable under that
agreement.
(2)
The Secretary of State may, in particular, require the body concerned to
exercise an approval function—
(a)
in all circumstances or only in specified circumstances;
25
(b)
in all areas or only in specified areas.
(3)
The Secretary of State may require the body concerned to exercise an
approval function—
(a)
for a period specified in the requirement, or
(b)
for a period determined in accordance with the requirement.
30
(4)
Where a requirement under subsection (1) is imposed, the Board or (as
the case may be) Special Health Authority must comply with such
instructions as the Secretary of State may give with respect to the
exercise of the approval function.
(5)
An instruction under subsection (4) may be given in such form as the
35
Secretary of State may determine.
(6)
The Secretary of State must publish instructions under subsection (4) in
such form as the Secretary of State may determine.
(7)
Where the Board or a Special Health Authority has an approval
function by virtue of this section, the function is to be treated for the
40
purposes of the National Health Service Act 2006 as a function that it
has under that Act.
(8)
The Secretary of State may make payments in connection with the
exercise of an approval function by virtue of this section.