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 2 — Further provision about public health
60

(2)
The Health Protection Agency Act 2004 is repealed.
(3)
Subsection (2) does not apply to—
(a)
paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the
Immigration Act 1971), and
(b)
section 11(1) of that Act so far as it gives effect to that paragraph.
5
47
Functions in relation to biological substances
(1)
The appropriate authority must—
(a)
devise standards for the purity and potency of biological substances,
(b)
prepare, approve, hold and distribute standard preparations of
biological substances,
10
(c)
design appropriate procedures for testing biological substances,
(d)
provide or arrange for the provision of laboratory facilities for testing
biological substances,
(e)
carry out tests on biological substances,
(f)
examine records kept in connection with the manufacture and quality
15
control of biological substances,
(g)
report on the results of tests or examinations conducted in pursuance
of paragraph (e) or (f), and
(h)
carry out or arrange for the carrying out of such research, or provide or
arrange for the provision of such information or training, as it considers
20
appropriate in connection with the functions mentioned in paragraphs
(a) to (g).
(2)
The appropriate authority may do anything which it considers is appropriate
for facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
25
(3)
Subsections (4) and (5) apply to any person that exercises functions similar to
those of the appropriate authority under this section (whether or not in relation
to the United Kingdom).
(4)
The appropriate authority must co-operate with the person in the exercise of
those functions.
30
(5)
The person must co-operate with the appropriate authority in the exercise of
the authority’s functions under this section.
(6)
The appropriate authority may make charges (whether or not on a commercial basis) in
respect of anything done by it under this section.
(7)
In this section—
35
“appropriate authority” means the Secretary of State and the Department
of Health, Social Services and Public Safety in Northern Ireland acting
jointly;
“biological substance” means a substance whose purity or potency
cannot, in the opinion of the Secretary of State, be adequately tested by
40
chemical means.
48
Radiation protection functions
(1)
The appropriate authority must take such steps as it considers appropriate for
the purposes of protecting the public from radiation (whether ionising or not).

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Part 2 — Further provision about public health
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(2)
The steps that may be taken under subsection (1) include—
(a)
the conduct of research or such other steps as the appropriate authority
considers appropriate for advancing knowledge and understanding;
(b)
providing technical services (whether in laboratories or otherwise);
(c)
providing services for the prevention, diagnosis or treatment of illness
5
arising from exposure to radiation;
(d)
providing training;
(e)
providing information and advice;
(f)
making available the services of any person or any facilities.
(3)
The appropriate authority may do anything which it considers appropriate for
10
facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
(4)
The appropriate authority may make charges (whether or not on a commercial basis) in
respect of anything done by it under this section.
(5)
In the exercise of any function under this section which relates to a matter in
15
respect of which a Health and Safety body has a function, the appropriate
authority must—
(a)
consult the body, and
(b)
have regard to the body’s policies.
(6)
Each of the following is a Health and Safety body—
20
(a)
the Health and Safety Executive;
(b)
the Health and Safety Executive for Northern Ireland.
(7)
In subsection (2)(f), “facilities” has the same meaning as in the National Health
Service Act 2006.
(8)
In this section, “the appropriate authority” means—
25
(a)
the Scottish Ministers to the extent that the functions are exercisable
within devolved competence (within the meaning of the Scotland Act
1998);
(b)
the Department of Health, Social Services and Public Safety in
Northern Ireland to the extent that the functions relate to a transferred
30
matter (within the meaning of the Northern Ireland Act 1998);
(c)
the Secretary of State in any other case.
(9)
In this section, “the public” means—
(a)
where the appropriate authority is the Secretary of State, the public in
Wales, Scotland and Northern Ireland,
35
(b)
where the appropriate authority is the Scottish Ministers, the public in
Scotland, and
(c)
where the appropriate authority is the Department of Health, Social
Services and Public Safety in Northern Ireland, the public in Northern
Ireland.
40
(10)
This section does not apply in relation to England.
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Repeal of AIDS (Control) Act 1987
(1)
The AIDS (Control) Act 1987 is repealed.

Health and Social Care Bill
Part 3 — Economic regulation of health and adult social care services
Chapter 1 — Monitor
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(2)
The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is
revoked.
50
Co-operation with bodies exercising functions in relation to public health
In Part 13 of the National Health Service Act 2006, before section 248 (and the
cross-heading preceding it) insert—
5
“Co-operation in relation to public health functions
247A
Co-operation in relation to public health functions
(1)
This section applies to any body or other person that exercises functions
similar to those of the Secretary of State under section 2A (whether or
not in relation to the United Kingdom).
10
(2)
The Secretary of State must co-operate with the body or other person in
the exercise by it of those functions.
(3)
If the Secretary of State acts under subsection (2) at the request of the
body or other person, the Secretary of State may impose charges in
respect of any costs incurred by the Secretary of State in doing so.
15
(4)
The body or other person must co-operate with the Secretary of State in
the exercise by the Secretary of State of functions under section 2A.
(5)
If the body or other person acts under subsection (4) at the request of
the Secretary of State, it may impose charges in respect of any costs
incurred by it in doing so.”
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Part 3
Economic regulation of health and adult social care services
Chapter 1
Monitor
51
Monitor
25
(1)
The body corporate known as the Independent Regulator of NHS Foundation
Trusts—
(a)
is to continue to exist, and
(b)
is to be known as Monitor.
(2)
Schedule 7 (which makes further provision about Monitor) has effect.
30
52
General duties
(1)
The main duty of Monitor in exercising its functions is to protect and promote
the interests of people who use health care services—
(a)
by promoting competition where appropriate, and
(b)
through regulation where necessary.
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(2)
In carrying out its main duty, Monitor must have regard in particular to the
likely future demand for health care services.

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Part 3 — Economic regulation of health and adult social care services
Chapter 1 — Monitor
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(3)
Monitor must, in exercising its functions, promote the economic, efficient and
effective provision of health care services for the purposes of the NHS.
(4)
Monitor must exercise its functions in a manner consistent with the
performance by the Secretary of State of the duty under section 1(1) of the
National Health Service Act 2006 (promotion of comprehensive health service).
5
(5)
But nothing in this section requires Monitor to do anything in relation to the
supply to persons who provide health care services of goods that are to be
provided as part of those services.
(6)
A reference in this Part to health care services is a reference to the services to
which Monitor’s functions relate.
10
(7)
“Health care” means all forms of health care provided for individuals, whether
relating to physical or mental health.
(8)
“The NHS” means the comprehensive health service continued under section
1(1) of the National Health Service Act 2006, except the part of it that is
provided in pursuance of the public health functions (within the meaning of
15
that Act) of the Secretary of State or local authorities.
(9)
A reference in this Part to the provision of health care services for the purposes
of the NHS is a reference to their provision for those purposes in accordance
with that Act.
53
Power to give Monitor functions relating to adult social care services
20
(1)
Regulations may provide for specified functions of Monitor also to be
exercisable in relation to adult social care services.
(2)
The regulations may amend this Part.
(3)
“Adult social care”—
(a)
includes all forms of personal care and other practical assistance
25
provided for individuals who by reason of age, illness, disability,
pregnancy, childbirth, dependence on alcohol or drugs, or any other
similar circumstances, are in need of such care or other assistance, but
(b)
does not include anything provided by an establishment or agency for
which Her Majesty’s Chief Inspector of Education, Children’s Services
30
and Skills is the registration authority under section 5 of the Care
Standards Act 2000.
54
Matters to have regard to in exercise of functions
In exercising its functions, Monitor must have regard to—
(a)
the need to maintain the safety of people who use health care services,
35
(b)
the desirability of securing continuous improvement in the quality of
health care services for the purposes of the NHS,
(c)
the desirability of securing continuous improvement in the efficiency
with which health care services are provided for the purposes of the
NHS,
40
(d)
the need for commissioners of health care services for the purposes of
the NHS to ensure that the provision of access to the services for those
purposes operates fairly,

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Chapter 1 — Monitor
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(e)
the need for commissioners of health care services for the purposes of
the NHS to ensure that people who require health care services for
those purposes are provided with access to them,
(f)
the need for commissioners of health care services for the purposes of
the NHS make the best use of resources when doing so,
5
(g)
the desirability of promoting investment by providers of health care
services for the purposes of the NHS in the provision of health care
services for those purposes,
(h)
the need to promote research into matters relevant to the NHS by
persons who provide health care services for the purposes of the NHS,
10
(i)
the need for high standards in the education and training of health care
professionals who provide health care services for the purposes of the
NHS,
(j)
the manner in which the Secretary of State performs the duty under
section 1A(1) of the National Health Service Act 2006 (improvement in
15
quality of services), and
(k)
the manner in which the National Health Service Commissioning
Board performs the duties under section 1D(3) of that Act
(commissioning of services),
(l)
the manner in which the National Health Service Commissioning
20
Board performs the duty under section 13D(1) of that Act
(improvement in quality of services).
55
Conflicts between functions
(1)
In a case where Monitor considers that any of its general duties conflict with
each other, it must secure that the conflict is resolved in the manner it considers
25
best.
(2)
Monitor must act so as to secure that there is not, and could not reasonably be
regarded as being, a conflict between—
(a)
its exercise of any of its functions under Chapter 5 of Part 2 of the
National Health Service Act 2006 (regulation of NHS foundation trusts)
30
or under sections 101 and 102 of this Act (designation of NHS
foundation trusts in transitional period), and
(b)
its exercise of any of its other functions.
(3)
Monitor must ignore the functions it has under sections 101 and 102 when
exercising—
35
(a)
its functions under Chapter 2 (competition),
(b)
such of its functions under Chapter 4 (licensing) as relate to securing
the continued provision of designated services, or
(c)
its functions under Chapter 5 (pricing).
(4)
If Monitor secures the resolution of a conflict between its general duties in a
40
case that comes within subsection (5), or that Monitor considers is otherwise of
unusual importance, it must publish a statement setting out—
(a)
the nature of the conflict,
(b)
the manner in which it decided to resolve it, and
(c)
its reasons for deciding to resolve it in that manner.
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(5)
A case comes within this subsection if it involves—
(a)
a matter likely to have a significant impact on persons who provide
health care services for the purposes of the NHS;

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Part 3 — Economic regulation of health and adult social care services
Chapter 1 — Monitor
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(b)
a matter likely to have a significant impact on people who use health
care services provided for the purposes of the NHS;
(c)
a matter likely to have a significant impact on the general public in
England (or in a particular part of England);
(d)
a major change in the activities Monitor carries on;
5
(e)
a major change in the standard conditions of licences under Chapter 4
(see section 87).
(6)
Where Monitor is required to publish a statement under subsection (4), it must
do so as soon as reasonably practicable after making its decision.
(7)
The duty under subsection (4) does not apply in so far as Monitor is subject to
10
an obligation not to publish a matter that needs to be included in the statement.
(8)
Every annual report of Monitor must include—
(a)
a statement of the steps it has taken in the financial year to which the
report relates to comply with the duty under subsection (2), and
(b)
a summary of the manner in which, in that financial year, Monitor has
15
secured the resolution of conflicts between its general duties arising in
cases of the kind referred to in subsection (5).
(9)
Monitor’s general duties for the purposes of this section are its duties under
sections 52 and 54.
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Duty to review regulatory burdens
20
(1)
Monitor must keep the exercise of its functions under review and secure that
in exercising its functions it does not—
(a)
impose burdens which it considers to be unnecessary, or
(b)
maintain burdens which it considers to have become unnecessary.
(2)
In keeping the exercise of its functions under review, Monitor must have
25
regard to such principles as appear to it to represent best regulatory practice.
(3)
Subsection (1) does not require the removal of a burden which has become
unnecessary where its removal would, having regard to all the circumstances,
be impractical or disproportionate.
(4)
Monitor must from time to time publish a statement setting out—
30
(a)
what it proposes to do pursuant to subsection (1) in the period to which
the statement relates,
(b)
what it has done pursuant to that subsection since publishing the
previous statement, and
(c)
where a burden relating to the exercise of the function which has
35
become unnecessary is maintained pursuant to subsection (3), the
reasons why removal of the burden would, having regard to all the
circumstances, be impractical or disproportionate.
(5)
The first statement—
(a)
must be published as soon as practicable after the commencement of
40
this section, and
(b)
must relate to the period of 12 months beginning with the date of
publication.
(6)
A subsequent statement—

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Part 3 — Economic regulation of health and adult social care services
Chapter 1 — Monitor
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(a)
must be published during the period to which the previous statement
related or as soon as reasonably practicable after that period, and
(b)
must relate to the period of 12 months beginning with the end of the
previous period.
(7)
Monitor must, in exercising its functions, have regard to the statement that is
5
in force at the time in question.
(8)
Monitor may revise a statement before or during the period to which it relates;
and, if it does so, it must publish the revision as soon as reasonably practicable.
57
Duty to carry out impact assessments
(1)
This section applies where Monitor is proposing to do something that it
10
considers would—
(a)
be likely to have a significant impact on persons who provide health
care services for the purposes of the NHS;
(b)
be likely to have a significant impact on people who use health care
services provided for the purposes of the NHS;
15
(c)
be likely to have a significant impact on the general public in England
(or in a particular part of England);
(d)
be likely to involve a major change in the activities Monitor carries on;
(e)
be likely to involve a major change in the standard conditions of
licences under Chapter 4 (see section 87).
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(2)
But this section does not apply to—
(a)
the exercise of functions that Monitor has by virtue of section 60 or 61,
(b)
the carrying out by Monitor of an analysis of how markets involving
the provision of health care services are operating, or
(c)
the exercise of functions under Chapter 2.
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(3)
Nor does this section apply if it appears to Monitor that the urgency of the
matter makes compliance with this section impracticable or inappropriate.
(4)
Before implementing the proposal, Monitor must either—
(a)
carry out and publish an assessment of the likely impact of
implementation, or
30
(b)
publish a statement setting out its reasons for concluding that it does
not need to carry out an assessment under paragraph (a).
(5)
The assessment must set out Monitor’s explanation of how the discharge of its
general duties (within the meaning of section 55)—
(a)
would be secured by implementation of the proposal, but
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(b)
would not be secured by the exercise of functions that Monitor has by
virtue of section 60 or 61.
(6)
The assessment may take such form, and relate to such matters, as Monitor
may determine; and in determining the matters to which the assessment is to
relate, Monitor must have regard to such general guidance on carrying out
40
impact assessments as it considers appropriate.
(7)
The assessment must specify the consultation period within which
representations with respect to the proposal may be made to Monitor; and for
that purpose the consultation period must not be less than 28 days beginning
with the day after that on which the notice is published under subsection (4).
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