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Health and Social Care Bill


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

53

 

36      

Patients’ correspondence

(1)   

In section 134 of the Mental Health Act 1983 (patients’ correspondence), in

subsection (1)—

(a)   

before “the approved clinician” insert “or”, and

(b)   

omit “or the Secretary of State”.

5

(2)   

Subsection (1) of this section does not affect the validity of any requests made

to the Secretary of State under section 134(1) of that Act and having effect

immediately before the commencement of this section.

37      

Notification of hospitals having arrangements for special cases

(1)   

In section 140 of the Mental Health Act 1983 (notification of hospitals having

10

arrangements for special cases)—

(a)   

after “the duty of” insert “every commissioning consortium and of”,

(b)   

omit “every Primary Care Trust and of”,

(c)   

after “the area of the” insert “commissioning consortium or”,

(d)   

omit “Primary Care Trust or” in the first place it appears,

15

(e)   

after “available to the” insert “commissioning consortium or”, and

(f)   

omit “Primary Care Trust or” in the second place it appears.

(2)   

In consequence of the repeals made by this section, in the National Health

Service Reform and Health Care Professions Act 2002, in Schedule 2, omit

paragraph 48(a) and (c).

20

Emergency powers

38      

Role of the Board and consortia in respect of emergencies

For the cross-heading preceding section 253 of the National Health Service Act

2006 substitute “Emergencies: role of the Secretary of State, the Board and

consortia” and after the cross-heading insert—

25

“252A   

Role of the Board and consortia in respect of emergencies

(1)   

The Board and each commissioning consortium must take appropriate

steps for securing that it is properly prepared for dealing with a

relevant emergency.

(2)   

The Board must take such steps as it considers appropriate for securing

30

that each commissioning consortium is properly prepared for dealing

with a relevant emergency.

(3)   

The steps taken by the Board under subsection (2) must include

monitoring compliance by each commissioning consortium with its

duty under subsection (1).

35

(4)   

The Board must take such steps as it considers appropriate for securing

that each relevant service provider is properly prepared for dealing

with a relevant emergency.

(5)   

The steps taken by the Board under subsection (4) must include

monitoring compliance by the service provider with any requirements

40

imposed on it by its service arrangements for the purpose of securing

that it is properly prepared for dealing with a relevant emergency.

 
 

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

54

 

(6)   

The Board may take such steps as it considers appropriate for

facilitating a co-ordinated response to an emergency by the

commissioning consortia and relevant service providers for which it is

a relevant emergency.

(7)   

The Board may arrange for any body or person to exercise any

5

functions of the Board under subsections (2) to (6).

(8)   

A relevant service provider must appoint an individual to be

responsible for—

(a)   

securing that the provider is properly prepared for dealing with

a relevant emergency,

10

(b)   

securing that the provider complies with any requirements

mentioned in subsection (5), and

(c)   

providing the Board with such information as it may require for

the purpose of discharging its functions under this section.

(9)   

In this section—

15

“relevant emergency”, in relation to the Board or a commissioning

consortium, means any emergency which might affect the

Board or the consortium (whether by increasing the need for the

services that it may arrange or in any other way);

“relevant emergency”, in relation to a relevant service provider,

20

means any emergency which might affect the provider

(whether by increasing the need for the services that it may

provide or in any other way);

“relevant service provider” means any body or person providing

services in pursuance of service arrangements;

25

“service arrangements”, in relation to a relevant service provider,

means arrangements made by the Board or a commissioning

consortium under section 3, 3A, 3B or 4 or Schedule 1.”

39      

Secretary of State’s emergency powers

30

(1)   

Section 253 of the National Health Service Act 2006 (emergency powers) is

amended as follows.

(2)   

In subsection (1) for the words from “it is necessary” to the end of the

subsection substitute “it is appropriate to do so”.

(3)   

After subsection (1) insert—

35

“(1A)   

A direction under this section may be given to—

(a)   

an NHS body other than a Local Health Board;

(b)   

the National Institute for Health and Care Excellence;

(c)   

the Health and Social Care Information Centre;

(d)   

any body or person providing services in pursuance of

40

arrangements made in the exercise of the functions of the Board

or commissioning consortia under section 3, 3A, 3B or 4 or

Schedule 1, other than an NHS body.”

(4)   

For subsection (2) substitute—

“(2)   

In relation to an NHS body, the powers conferred by this section may

45

be exercised—

 
 

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

55

 

(a)   

to give directions to the body about the exercise of any of its

functions;

(b)   

to direct the body to cease to exercise any of its functions for a

specified period;

(c)   

to direct the body to exercise any of its functions concurrently

5

with another body or person for a specified period;

(d)   

to direct the body to exercise any function conferred on another

body or person under or by virtue of this Act for a specified

period (whether to the exclusion of, or concurrently with, that

body or person).

10

(2A)   

In relation to a body or person within subsection (1A)(b), the powers

conferred by this section may be exercised—

(a)   

to give directions to the body or person about the provision of

any services that it provides in pursuance of arrangements

mentioned in subsection (1A)(b);

15

(b)   

to direct the body or person to cease to provide any of those

services for a specified period;

(c)   

to direct the body or person to provide other services for the

purposes of the health service for a specified period.”

(5)   

After subsection (2A) insert—

20

“(2B)   

The Secretary of State may direct the Board to exercise the functions of

the Secretary of State under this section.

(2C)   

The Secretary of State may give directions to the Board about its

exercise of any functions that are the subject of a direction under

subsection (2B).

25

(2D)   

In this section, “specified” means specified in the direction.”

(6)   

Omit subsection (4) (exclusion of NHS foundation trusts from application of

emergency powers).

(7)   

In section 273 of that Act (further provision about orders and directions under

the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”.

30

Miscellaneous

40      

New Special Health Authorities

(1)   

After section 28 of the National Health Service Act 2006 (special health

authorities) insert—

“28A    

Special Health Authorities: further provision

35

(1)   

This section applies in relation to an order under section 28 which is

made after the coming into force of section 40 of the Health and Social

Care Act 2011.

(2)   

The order must include—

(a)   

provision for the abolition of the Special Health Authority on a

40

day specified in the order, and

(b)   

provision as to the transfer of officers, property and liabilities of

the Authority on its abolition.

 
 

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

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(3)   

The day specified in accordance with subsection (2)(a) must be within

the period of 3 years beginning with the day on which the Special

Health Authority is established.

(4)   

The power (by virtue of section 273(1)) to vary an order under section

28 includes power to vary the provision mentioned in subsection (2)

5

by—

(a)   

providing for the abolition of the Special Health Authority on a

day which is earlier or later than the day for the time being

specified in the order;

(b)   

making different provision as to the matters mentioned in

10

subsection (2)(b).

(5)   

If an order is varied to provide for the abolition of the Special Health

Authority on a later day, that day must be within the period of 3 years

beginning with the day on which the Special Health Authority would

(but for the variation) have been abolished.”

15

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6), after paragraph (zb) insert—

“(zc)   

an order under section 28 which varies such an order as

mentioned in section 28A(5),”.

41      

Primary care services: directions as to exercise of functions

20

(1)   

After section 98 of the National Health Service Act 2006 insert—

“Directions

98A     

Exercise of functions

(1)   

The Secretary of State may direct the Board to exercise any of the

Secretary of State’s functions relating to the provision of primary

25

medical services.

(2)   

The Secretary of State may give directions to the Board about its

exercise of any functions relating to the provision of primary medical

services (including functions which the Board has been directed to

exercise under subsection (1)).

30

(3)   

The Board may direct a commissioning consortium to exercise any of

the Board’s functions relating to the provision of primary medical

services.

(4)   

The Board may give directions to a commissioning consortium about

the exercise by it of any functions relating to the provision of primary

35

medical services (including functions which the consortium has been

directed to exercise under subsection (3)).

(5)   

Subsection (3) does not apply to such functions, or functions of such

descriptions, as may be prescribed.

(6)   

Where the Board gives a direction under subsection (3) or (4), it may

40

disclose to the consortium information it has about the provision of the

primary medical services in question, if the Board considers it

necessary or appropriate to do so in order to enable or assist the

consortium to exercise the function specified in the direction.

 
 

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

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(7)   

A commissioning consortium exercising a function specified in a

direction under subsection (3) or (4) must report to the Board on

matters arising out of the consortium’s exercise of the function.

(8)   

A report under subsection (7) must be made in such form and manner

as the Board may specify.

5

(9)   

The Board may, in exercising its functions relating to the provision of

the primary medical services in question, have regard to a report under

subsection (7).”

(2)   

After section 114 of that Act insert—

“Directions

10

114A    

Exercise of functions

(1)   

The Secretary of State may direct the Board to exercise any of the

Secretary of State’s functions relating to the provision of primary dental

services.

(2)   

The Secretary of State may give directions to the Board about its

15

exercise of any functions relating to the provision of primary dental

services (including functions which the Board has been directed to

exercise under subsection (1)).”

(3)   

After section 125 of that Act insert—

“Directions

20

125A    

Exercise of functions

(1)   

The Secretary of State may direct the Board to exercise any of the

Secretary of State’s functions relating to the provision of primary

ophthalmic services.

(2)   

The Secretary of State may give directions to the Board about its

25

exercise of any functions relating to the provision of primary

ophthalmic services (including functions which the Board has been

directed to exercise under subsection (1)).

(3)   

The Board may direct a commissioning consortium, a Special Health

Authority or such other body as may be prescribed to exercise any of

30

the Board’s functions relating to the provision of primary ophthalmic

services.

(4)   

The Board may give directions to a commissioning consortium, a

Special Health Authority or such other body as may be prescribed

about the exercise by the body of any functions relating to the provision

35

of primary ophthalmic services (including functions which it has been

directed to exercise under subsection (3)).

(5)   

Subsection (3) does not apply to such functions, or functions of such

descriptions, as may be prescribed.

(6)   

Where the Board gives a direction to a body under subsection (3) or (4),

40

it may disclose to the body the information it has about the provision of

the primary ophthalmic services in question, if the Board considers it

 
 

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

58

 

necessary or appropriate to do so in order to enable or assist the body

to exercise the function specified in the direction.

(7)   

A body which is given a direction under subsection (3) or (4) must

report to the Board on matters arising out of the exercise of the function

to which the direction relates.

5

(8)   

A report under subsection (7) must be made in such form and manner

as the Board may specify.

(9)   

The Board may, in exercising its functions relating to the provision of

the primary ophthalmic services in question, have regard to a report

under subsection (7).”

10

(4)   

After section 168 of that Act insert—

“Directions

168A    

Exercise of functions

(1)   

The Secretary of State may direct the Board to exercise any of the

Secretary of State’s functions relating to services that may be provided

15

as pharmaceutical services, or as local pharmaceutical services, under

this Part.

(2)   

The Secretary of State may give directions to the Board about its

exercise of any functions relating to pharmaceutical services or to local

pharmaceutical services (including functions which the Board has been

20

directed to exercise under subsection (1)).”

42      

Charges in respect of certain public health functions

(1)   

After section 186 of the National Health Service Act 2006 insert—

“186A   

Charges in respect of public health functions

(1)   

The Secretary of State may make charges under this subsection in respect of

25

any step taken under section 2A.

(2)   

The power conferred by subsection (1) does not apply in respect of the

provision of a service or facility to an individual, or the taking of any

other step in relation to an individual, for the purpose of protecting the

individual’s health.

30

(3)   

Charges under subsection (1) may be calculated on such basis as the Secretary

of State considers appropriate.

(4)   

Regulations may provide for the making and recovery of charges in

respect of—

(a)   

the taking of prescribed steps by a local authority under section

35

2A (by virtue of regulations under section 6C(1)), and

(b)   

the taking of prescribed steps by a local authority under section

2B.

(5)   

Regulations under subsection (4) may make provision as to the

calculation of charges authorised by the regulations, including

40

provision prescribing the amount or the maximum amount that may be

charged.

 
 

Health and Social Care Bill
Part 2 — Further provision about public health

59

 

(6)   

Nothing in this section affects any other power conferred by or under

this Act to make charges.”

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) after paragraph (zc) insert—

“(zd)   

regulations under section 186A(4),”.

5

43      

Pharmaceutical services expenditure

(1)   

After section 165 of the National Health Service Act 2006 insert—

“165A   

Pharmaceutical remuneration: further provision

(1)   

The Board must provide the Secretary of State with such information

relating to the remuneration paid by the Board to persons providing

10

pharmaceutical services or local pharmaceutical services as the

Secretary of State may require.

(2)   

The information must be provided in such form, and at such time or

within such period, as the Secretary of State may require.

(3)   

Schedule 12A makes further provision about pharmaceutical

15

remuneration.”

(2)   

After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this

Act.

44      

Secretary of State’s annual report

In Part 13 of the National Health Service Act 2006 before section 248 insert—

20

“247B   

Secretary of State’s annual report

(1)   

The Secretary of State must publish an annual report on the

performance of the health service in England.

(2)   

The Secretary of State must lay any report prepared under this section

before Parliament.”

25

45      

Amendments related to Part 1 and transitional provision

(1)   

Schedule 4 (which makes further amendments of the National Health Service

Act 2006 in consequence of the provision made by this Part) has effect.

(2)   

Schedule 5 (which makes amendments of other enactments in consequence of

the provision made by this Part) has effect.

30

(3)   

Schedule 6 (which makes transitional provision in connection with this Part)

has effect.

Part 2

Further provision about public health

46      

Abolition of Health Protection Agency

35

(1)   

The Health Protection Agency is abolished.

 
 

 
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