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
48

12ZC
Provision of information for the purposes of section 12ZA or 12ZB
(1)
A relevant person may provide another person with such information
as the relevant person considers necessary or appropriate for or in
connection with—
(a)
the exercise of an approval function; or
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(b)
the exercise by the Secretary of State of the power—
(i)
to enter into an agreement under section 12ZA;
(ii)
to impose a requirement under section 12ZB; or
(iii)
to give an instruction under section 12ZA(5) or 12ZB(4).
(2)
The relevant persons are—
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(a)
the Secretary of State;
(b)
a person who is a party to an agreement under section 12ZA; or
(c)
if the Secretary of State imposes a requirement under section
12ZB on the National Health Service Commissioning Board or a
Special Health Authority, the Board or (as the case may be)
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Special Health Authority.
(3)
This section, in so far as it authorises the provision of information by
one relevant person to another relevant person, has effect
notwithstanding any rule of common law which would otherwise
prohibit or restrict the provision.
20
(4)
In this section, “information” includes documents and records.”
(2)
In section 54(1) of that Act (requirement for certain medical evidence etc. to be
from practitioner approved under section 12 of the Act), after “the Secretary of
State” insert “, or by another person by virtue of section 12ZA or 12ZB above,”.
(3)
In section 139(4) of that Act (protection for acts done in pursuance of the Act:
25
exceptions), at the end insert “or against a person who has functions under this
Act by virtue of section 12ZA in so far as the proceedings relate to the exercise
of those functions”.
(4)
In section 145(1) of that Act (interpretation), in the definition of “approved
clinician”, after “the Secretary of State” insert “or another person by virtue of
30
section 12ZA or 12ZB above”.
(5)
In each of the following provisions, after “the Secretary of State” insert “, or by
another person by virtue of section 12ZA or 12ZB of that Act,”—
(a)
in section 8(2) of the Criminal Procedure (Insanity) Act 1964
(interpretation), in the definition of “duly approved”,
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(b)
in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the
definition of “duly approved”,
(c)
in section 6(1) of the Criminal Procedure (Insanity and Unfitness to
Plead) Act 1991 (interpretation), in the definition of “duly approved”,
(d)
in section 157(6) of the Criminal Justice Act 2003 (mentally disordered
40
offenders: definition of “medical report”),
(e)
in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc:
definition of “duly approved”), and
(f)
in section 258(5) of that Act (mentally disordered offenders), in the
definition of “medical report”.
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Health and Social Care Bill
Part 1 — The health service in England
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31
Discharge of patients
(1)
In section 23 of the Mental Health Act 1983 (discharge of patients), omit
subsections (3) and (3A).
(2)
In section 24 of that Act (visiting and examination of patients), omit subsections
(3) and (4).
5
(3)
In Schedule 1 to that Act (application of certain provisions of that Act to
patients subject to hospital and guardianship orders)—
(a)
in Part 1, in paragraph 1, omit “24(3) and (4),”, and
(b)
in Part 2, in paragraph 1, omit “24(3) and (4),”.
(4)
In consequence of the repeals made by this section—
10
(a)
in the National Health Service and Community Care Act 1990, in
Schedule 9—
(i)
omit paragraph 24(3)(a) and the “and” following it, and
(ii)
omit paragraph 24(4),
(b)
in the Health Authorities Act 1995, in Schedule 1, omit paragraph
15
107(2)(a) and (3),
(c)
in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),
(d)
in the Health and Social Care (Community Health and Standards) Act
2003, in Schedule 4, omit paragraphs 53(a) and 54,
(e)
in the Domestic Violence, Crime and Victims Act 2004—
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(i)
omit sections 37A(5), 38A(3), 43A(5) and 44A(3),
(ii)
in section 37A(7)(a), omit “, (5)”, and
(iii)
in section 43A(7), omit “, (5)”, and
(f)
in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and
(6) and 11(3) and (4).
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32
After-care
(1)
Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
(2)
In subsection (2)—
(a)
after “duty of the” insert “commissioning consortium or”,
(b)
omit “Primary Care Trust or” in each place it appears,
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(c)
for “and of the local social services authority” substitute “, and it shall
be the duty of the local social services authority,”,
(d)
for “such time as the” substitute “such time as (in relation to England)
the commissioning consortium or”,
(e)
before “Local Health Board and the” insert “local social services
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authority is satisfied that the person concerned is no longer in need of
such services or (in relation to Wales) the”,
(f)
for “are satisfied that the person concerned is no longer in need of such
services” substitute “are so satisfied”, and
(g)
for “they” substitute “it (in relation to England) or they (in relation to
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Wales)”.
(3)
In subsection (2C)—
(a)
in paragraph (a), omit “or section 12A(4) of the National Health Service
Act 2006”, and

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(b)
after paragraph (b) insert “;

but see also subsection (2F)(b).”
(4)
After subsection (2C) insert—
“(2D)
Subsection (2) above, in its application to the commissioning
consortium, has effect as if—
5
(a)
for “to provide” there were substituted “to arrange for the
provision of”; and
(b)
the words “, in co-operation with relevant voluntary agencies,”
were omitted.
(2E)
The duty imposed on the commissioning consortium by subsection (2)
10
above applies only to services for the provision of which the
consortium has—
(a)
a duty to arrange under section 3 of the National Health Service
Act 2006; or
(b)
a power to arrange under section 3A of that Act.
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(2F)
The duty imposed on the commissioning consortium by subsection (2)
above is to be regarded for all purposes as a duty imposed on it by
section 3 of that Act; and accordingly—
(a)
references in any provision made by or under any Act to the
provision of services under that section or that Act are to be
20
read as including a reference to the provision of services under
this section; and
(b)
references in any provision made by or under this or any other
Act to the provision of services under this section are to be read
in the light of this subsection.
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(2G)
The Secretary of State may by regulations provide that the duty
imposed on the commissioning consortium by subsection (2) above is,
in the circumstances or to the extent prescribed by the regulations, to be
imposed instead on another commissioning consortium or the National
Health Service Commissioning Board.
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(2H)
Where regulations under subsection (2G) above provide that the duty
imposed by subsection (2) above is to be imposed on the National
Health Service Commissioning Board, subsections (2D) to (2F) above
have effect as if—
(a)
references to the commissioning consortium were references to
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the National Health Service Commissioning Board; and
(b)
subsection (2E) above were omitted.
(2I)
Section 272(7) and (8) of the National Health Service Act 2006 applies to
the power to make regulations under subsection (2G) above as it
applies to a power to make regulations under that Act.”
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(5)
In subsection (3)—
(a)
after “section “the” insert “commissioning consortium or”,
(b)
omit “Primary Care Trust or” in each place it appears, and
(c)
after “means the”, in the first place it appears, insert “commissioning
consortium or”.
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Health and Social Care Bill
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(6)
In consequence of the repeals made by subsections (2)(b) and (5)(b), omit
paragraph 47 of Schedule 2 to the National Health Service Reform and Health
Care Professions Act 2002.
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Provision of pocket money for in-patients
(1)
Section 122 of the Mental Health Act 1983 (provision of pocket money for in-
5
patients) is amended as follows.
(2)
In subsection (1)—
(a)
for “Secretary of State may” substitute “Welsh Ministers may (in
relation to Wales)”,
(b)
for “he thinks fit” substitute “the Welsh Ministers think fit”,
10
(c)
for “their” substitute “those persons’”,
(d)
for “him” substitute “the Welsh Ministers”, and
(e)
for “they” substitute “those persons”.
(3)
In subsection (2)—
(a)
omit “the National Health Service Act 2006 and”, and
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(b)
for “either of those Acts” substitute “that Act”.
(4)
In section 146 of that Act (application to Scotland), omit “122,”.
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Transfers to and from special hospitals
(1)
Omit section 123 of the Mental Health Act 1983 (transfers to and from special
hospitals).
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(2)
In section 68A of that Act (power to reduce periods after which cases must be
referred to tribunal), in subsection (4)—
(a)
after paragraph (c), insert “or”,
(b)
omit the “or” following paragraph (d), and
(c)
omit paragraph (e).
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(3)
In section 138 of that Act (retaking of patients escaping from custody), in
subsection (4)(a), omit “or under section 123 above”.
(4)
In consequence of the repeal made by subsection (1), omit paragraph 67 of
Schedule 4 to the Health Act 1999.
(5)
This section does not affect—
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(a)
the authority for the detention of a person who is liable to be detained
under the Mental Health Act 1983 before the commencement of this
section,
(b)
that Act in relation to any application, order or direction for admission
or removal to a hospital made under that Act before that
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commencement, or
(c)
the authority for the retaking of a person who, before that
commencement, escapes while being taken to or from a hospital as
mentioned in section 138(4)(a) of that Act.
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Independent mental health advocates
40
(1)
In section 130A of the Mental Health Act 1983 (independent mental health
advocates: England), in subsection (1)—

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(a)
for “The Secretary of State” substitute “A local social services authority
whose area is in England”, and
(b)
at the end insert “for whom the authority is responsible for the
purposes of this section”.
(2)
In subsection (4) of that section, for “the Secretary of State” substitute “a local
5
social services authority”.
(3)
In section 130C of that Act (provision supplementary to section 130A), after
subsection (4) insert—
“(4A)
A local social services authority is responsible for a qualifying patient
if—
10
(a)
in the case of a qualifying patient falling within subsection (2)(a)
above, the hospital or registered establishment in which he is
liable to be detained is situated in that authority’s area;
(b)
in the case of a qualifying patient falling within subsection (2)(b)
above, that authority is the responsible local social services
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authority within the meaning of section 34(3) above;
(c)
in the case of a qualifying patient falling within subsection
(2)(c), the responsible hospital is situated in that authority’s
area;
(d)
in the case of a qualifying patient falling within subsection (3)—
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(i)
in a case where the patient has capacity or is competent
to do so, he nominates that authority as responsible for
him for the purposes of section 130A above, or
(ii)
in any other case, a donee or deputy or the Court of
Protection, or a person engaged in caring for the patient
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or interested in his welfare, nominates that authority on
his behalf as responsible for him for the purposes of that
section.
(4B)
In subsection (4A)(d) above—
(a)
the reference to a patient who has capacity is to be read in
30
accordance with the Mental Capacity Act 2005;
(b)
the reference to a donee is to a donee of a lasting power of
attorney (within the meaning of section 9 of that Act) created by
the patient, where the donee is acting within the scope of his
authority and in accordance with that Act;
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(c)
the reference to a deputy is to a deputy appointed for the patient
by the Court of Protection under section 16 of that Act, where
the deputy is acting within the scope of his authority and in
accordance with that Act.”
(4)
In Schedule 1 to the Local Authority Social Services Act 1970 (social services
40
functions), in the entry for the Mental Health Act 1983, at the appropriate place
insert—

“Section 130A
Making arrangements to enable

independent mental health

advocates to be available to help

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qualifying patients”.