|
| |
|
36 | Patients’ correspondence |
| |
(1) | In section 134 of the Mental Health Act 1983 (patients’ correspondence), in |
| |
| |
(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 |
| |
| 20 |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(a) | securing that the provider is properly prepared for dealing with |
| |
| 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. |
| |
| 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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(a) | to give directions to the body about the exercise of any of its |
| |
| |
(b) | to direct the body to cease to exercise any of its functions for a |
| |
| |
(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 |
| |
| 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 |
| |
| 25 |
(2D) | In this section, “specified” means specified in the direction.” |
| |
(6) | Omit subsection (4) (exclusion of NHS foundation trusts from application of |
| |
| |
(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 |
| |
40 | New Special Health Authorities |
| |
(1) | After section 28 of the National Health Service Act 2006 (special health |
| |
| |
“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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(b) | making different provision as to the matters mentioned in |
| 10 |
| |
(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— |
| |
| |
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 |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | After section 114 of that Act insert— |
| |
| 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 |
| |
| |
(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— |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 10 |
(4) | After section 168 of that Act insert— |
| |
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(2) | After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this |
| |
| |
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 |
| |
| 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) |
| |
| |
| |
Further provision about public health |
| |
46 | Abolition of Health Protection Agency |
| 35 |
(1) | The Health Protection Agency is abolished. |
| |
|
| |
|