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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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.

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(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—

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Part 1 — The health service in England
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(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.

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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.

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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

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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.

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(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.