• Accessibility
• Email alerts
• RSS feeds
• Contact us

House of Commons

Session 2010 - 11 Internet Publications Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health, are published
separately as Bill 132—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Lansley has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Health and Social Care Bill are compatible with the
Convention rights.
Bill 132                                                                                                 55/1
Health and Social Care Bill
The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
Part 1
The health service in England
The health service: overview
1    The Secretary of State and the comprehensive health service
2    The Secretary of State’s duty as to improvement in quality of services
3    The Secretary of State’s duty as to reducing inequalities
4    The Secretary of State’s duty as to promoting autonomy
5    The NHS Commissioning Board
6    Commissioning consortia
Arrangements for provision of health services
7    The Secretary of State’s duty as to protection of public health
8    Duties as to improvement of public health
9    Duties of consortia as to commissioning certain health services
10    Power of consortia as to commissioning certain health services
11    Power to require Board to commission certain health services
12    Secure psychiatric services
13    Other services etc. provided as part of the health service
14    Regulations as to the exercise by local authorities of certain public health
functions
15    Regulations relating to EU obligations
16    Regulations as to the exercise of functions by the Board or consortia
17    Functions of Special Health Authorities
18    Exercise of public health functions of the Secretary of State
Further provision about the Board
19    The NHS Commissioning Board: further provision
20    Financial arrangements for the Board
Further provision about commissioning consortia
21    Commissioning consortia: establishment etc.
22    Commissioning consortia: general duties etc.
Bill 132                                                                                                 55/1
Health and Social Care Bill ii
23    Financial arrangements for consortia
24    Requirement for primary medical services provider to belong to consortium
Further provision about local authorities’ role in the health service
25    Other health service functions of local authorities under the 2006 Act
26    Appointment of directors of public health
27    Exercise of public health functions of local authorities
Abolition of Strategic Health Authorities and Primary Care Trusts
28    Abolition of Strategic Health Authorities
29    Abolition of Primary Care Trusts
Functions relating to mental health matters
30    Approval functions
31    Discharge of patients
32    After-care
33    Provision of pocket money for in-patients
34    Transfers to and from special hospitals
35    Independent mental health advocates
36    Patients’ correspondence
37    Notification of hospitals having arrangements for special cases
Emergency powers
38    Role of the Board and consortia in respect of emergencies
39    Secretary of State’s emergency powers
Miscellaneous
40    New Special Health Authorities
41    Primary care services: directions as to exercise of functions
42    Charges in respect of certain public health functions
43    Pharmaceutical services expenditure
44    Secretary of State’s annual report
45    Amendments related to Part 1 and transitional provision
Part 2
Further provision about public health
46    Abolition of Health Protection Agency
47    Functions in relation to biological substances
48    Radiation protection functions
49    Repeal of AIDS (Control) Act 1987
50    Co-operation with bodies exercising functions in relation to public health
Health and Social Care Bill iii
Part 3
Economic regulation of health and adult social care services
Chapter 1
Monitor
51    Monitor
52    General duties
53    Power to give Monitor functions relating to adult social care services
54    Matters to have regard to in exercise of functions
55    Conflicts between functions
56    Duty to review regulatory burdens
57    Duty to carry out impact assessments
58    Information
59    Failure to perform functions
Chapter 2
Competition
60    Functions under the Competition Act 1998
61    Functions under Part 4 of the Enterprise Act 2002
62    Competition functions: supplementary
63    Requirements as to good procurement practice, etc.
64    Powers in relation to requirements imposed under section 63
65    Mergers involving NHS foundation trusts
66    Reviews by the Competition Commission
67    Reviews under section 66: considerations relevant to publication
68    Co-operation with the Office of Fair Trading
Chapter 3
Designated services
69    Designation of services
70    Appeals to the Tribunal
71    Reviews and removals of designations
72    Designations affecting more than one commissioner
73    Guidance
Chapter 4
Licensing
Licensing requirement
74    Requirement for health service providers to be licensed
75    Deemed breach of requirement to be licensed
76    Exemption regulations
77    Exemption regulations: supplementary
Health and Social Care Bill iv
Licensing procedure
78    Application for licence
79    Licensing criteria
80    Grant or refusal of licence
81    Application and grant: NHS foundation trusts
82    Revocation of licence
83    Right to make representations
84    Notice of decisions
85    Appeals to the Tribunal
86    Register of licence holders
Licence conditions
87    Standard conditions
88    Special conditions
89    Limits on Monitor’s functions to set or modify licence conditions
90    Conditions: supplementary
91    Modification of standard conditions
92    Modification references to the Competition Commission
93    Modification of conditions by order under other enactments
Enforcement
94    Power to require documents and information
95    Discretionary requirements
96    Enforcement undertakings
97    Further provision about enforcement powers
98    Guidance as to use of enforcement powers
99    Publication of enforcement action
100    Notification of enforcement action
Transitional provision
101    Designation of NHS foundation trusts during transitional period
102    Imposition of licence conditions on designated NHS foundation trusts
Chapter 5
Pricing
103    Price payable by commissioners for NHS services
104    The national tariff
105    Consultation on proposals for the national tariff
106    Responses to consultation
107    Determination on reference under section 106
108    Changes following determination on reference under section 106
109    Power to veto changes proposed under section 108
110    Local modifications of prices of designated services: agreements
111    Local modifications of prices of designated services: applications
112    Correction of mistakes
Health and Social Care Bill v
Chapter 6
Insolvency and health special administration
113    Application of insolvency law to NHS foundation trusts
114    Health special administration orders
115    Objective of a health special administration
116    Health special administration regulations
117    Transfer schemes
118    Indemnities
119    Modification of this Chapter under Enterprise Act 2002
Chapter 7
Financial assistance in health special administration cases
Establishment of mechanisms
120    Duty to establish mechanisms for providing financial assistance
121    Power to establish fund
Applications for financial assistance
122    Applications
123    Grants and loans
Charges on commissioners
124    Power to impose charges on commissioners
Levy on providers
125    Imposition of levy
126    Power of Secretary of State to set limit on levy and charges
127    Consultation
128    Responses to consultation
129    Amount payable
Supplementary
130    Investment principles and reviews
131    Borrowing
132    Shortfall or excess of available funds, etc.
Chapter 8
General
133    Service of documents
134    Electronic communications
135    Interpretation and consequential amendments

© Parliamentary copyright 2011	Revised 19 January 2011

• A-Z index
• Glossary
• Contact us
• Freedom of Information
• Jobs
• Using this website
• Copyright