Health and Social Care Bill

House of Commons portcullis

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
vi

Part 4
NHS Foundation trusts & NHS trusts
Governance and management
136
Governors
137
Directors
138
Members
139
Accounts: initial arrangements
140
Accounts: variations to initial arrangements
141
Annual report and forward plan
142
Meetings
143
Voting
Foundation trust status
144
Authorisation
145
Bodies which may apply for foundation trust status
146
Amendment of constitution
147
Panel for advising governors
Finance
148
Financial powers etc.
Functions
149
Goods and services
150
Private health care
151
Information
152
Significant transactions
Mergers, acquisitions, separations and dissolution
153
Mergers
154
Acquisitions
155
Separations
156
Dissolution
157
Supplementary
Failure
158
Repeal of de-authorisation provisions
159
Trust special administrators
160
Procedure etc.
161
Action following final report
162
Sections 159 to 161 : supplementary
163
Repeal of Chapter 5A of Part 2 of the National Health Service Act 2006
Abolition of NHS trusts
164
Abolition of NHS trusts in England
165
Repeal of provisions on authorisation for NHS foundation trusts

Health and Social Care Bill
vii

Part 5
Public involvement and local government
Chapter 1
Public involvement
Healthwatch England
166
Healthwatch England
Local Healthwatch organisations
167
Establishment and constitution
168
Activities relating to local care services
169
Local authority arrangements
170
Independent advocacy services
171
Requests, rights of entry and referrals
172
Dissolution and transfer schemes
173
Annual reports
174
Transitional arrangements
Chapter 2
Local government
Scrutiny functions of local authorities
175
Scrutiny functions of local authorities
Joint strategic needs assessments and strategies
176
Joint strategic needs assessments
177
Joint health and wellbeing strategies
Health and Wellbeing Boards: establishment
178
Establishment of Health and Wellbeing Boards
Health and Wellbeing Boards: functions
179
Duty to encourage integrated working
180
Other functions of Health and Wellbeing Boards
Health and Wellbeing Boards: supplementary
181
Participation of NHS Commissioning Board
182
Discharge of functions of Health and Wellbeing Boards
183
Supply of information to Health and Wellbeing Boards
Care Trusts
184
Care Trusts

Health and Social Care Bill
viii

Chapter 3
The Health Service Commissioner for England
185
Disclosure of reports etc. by the Health Service Commissioner
Part 6
Primary care services
186
General medical services: minor amendments
187
Persons eligible to enter into general dental services contracts
188
Arrangements under section 107 of the National Health Service Act 2006
189
Payments in respect of costs of sight tests
190
Pharmaceutical needs assessments
191
Control of entry on pharmaceutical lists
192
Lists of performers of pharmaceutical services and assistants etc.
Part 7
Regulation of health and social care workers
Orders under section 60 of the Health Act 1999
193
Power to regulate social workers etc. in England
194
Training etc. of approved mental health professionals in England
195
Orders regulating social care workers in England: further provision
The General Social Care Council
196
Abolition of the General Social Care Council
The Health and Care Professions Council
197
Regulation of social workers in England
198
The Health and Care Professions Council
199
Functions of the Council in relation to social work in England
200
Appeals in cases involving social workers in England
201
Approval of courses for approved mental health professionals
202
Exercise of function of approving courses, etc.
203
Arrangements with other health or social care regulators
204
References in enactments to registered health professionals, etc.
Role of the Secretary of State
205
Functions of the Secretary of State in relation to social care workers
The Professional Standards Authority for Health and Social Care
206
The Professional Standards Authority for Health and Social Care
207
Functions of the Authority
208
Funding of the Authority
209
Power to advise regulatory bodies, investigate complaints, etc.
210
Accountability and governance

Health and Social Care Bill
ix

211
Appointments to regulatory bodies
212
Establishment of voluntary registers
213
Accreditation of voluntary registers
Consequential provision etc.
214
Consequential provisions and savings, etc.
The Office of the Health Professions Adjudicator
215
Abolition of the Office of the Health Professions Adjudicator
Part 8
The National Institute for Health and Care Excellence
Establishment and general duties
216
The National Institute for Health and Care Excellence
217
General duties
Functions: quality standards
218
Quality standards
219
Supply of quality standards to other persons
220
Advice or guidance to the Secretary of State or the Board
Advice, guidance etc.
221
Advice, guidance, information and recommendations
222
NICE recommendations: appeals
223
Training
224
Advisory services
225
Commissioning guidance
Functions: other
226
NICE’s charter
227
Additional functions
228
Arrangements with other bodies
229
Failure by NICE to discharge any of its functions
230
Protection from personal liability
Supplementary
231
Interpretation of this Part
232
Dissolution of predecessor body
233
Consequential provision

Health and Social Care Bill
x

Part 9
Health and adult social care services: information
Chapter 1
Information standards
234
Powers to publish information standards
235
Information standards: supplementary
Chapter 2
The Health and Social Care Information Centre
Establishment and general duties
236
The Health and Social Care Information Centre
237
General duties
Functions: information systems
238
Powers to direct Information Centre to establish information systems
239
Powers to request Information Centre to establish information systems
240
Requests under section 239 : supplementary
241
Information systems: supplementary
242
Powers to require and request provision of information
243
Publication of information
244
Information Register
245
Advice or guidance
Quality of health and social care information
246
Assessment of quality of information
247
Power to establish accreditation scheme
Functions: other
248
Database of quality indicators
249
Power to confer functions in relation to identification of GPs
250
Additional functions
251
Arrangements with other bodies
252
Failure by Information Centre to discharge any of its functions
253
Protection from personal liability
General and supplementary
254
Powers of Secretary of State and Board to give directions
255
Interpretation of this Chapter
256
Dissolution of predecessor body
257
Consequential provision

Health and Social Care Bill
xi

Part 10
Abolition of certain public bodies etc
258
The Alcohol Education and Research Council
259
The Appointments Commission
260
The National Information Governance Board for Health and Social Care
261
The National Patient Safety Agency
262
The NHS Institute for Innovation and Improvement
263
Standing advisory committees
Part 11
Miscellaneous
Duties to co-operate
264
Monitor: duty to co-operate with Care Quality Commission
265
Care Quality Commission: duty to co-operate with Monitor
266
Other duties to co-operate
267
Breaches of duties to co-operate
The Care Quality Commission
268
Requirement for Secretary of State to approve remuneration policy etc
Arrangements with devolved authorities etc.
269
Arrangements between the Board and Northern Ireland Ministers
270
Arrangements between the Board and Scottish Ministers etc.
271
Relationships between the health services
272
Advice or assistance to public authorities in the Isle of Man or Channel
Islands
Supervised community treatment
273
Certificate of consent of community patients to treatment
Transfer schemes
274
Transfer schemes
275
Transfer schemes: supplemental
Part 12
Final provisions
276
Power to make consequential provision
277
Regulations, orders and directions
278
Financial provision
279
Commencement
280
Extent
281
Short title

Health and Social Care Bill
xii

Schedule 1   —
The National Health Service Commissioning Board
Schedule 2   —
Commissioning consortia
Part 1   —
Constitution of commissioning consortia
Part 2   —
Further provision about commissioning consortia
Part 3   —
Transfer orders
Schedule 3   —
Pharmaceutical remuneration
Schedule 4   —
Part 1: amendments to the National Health Service Act 2006
Part 1   —
The health service in England
Part 2   —
Part 3   —
NHS Bodies
Part 4   —
Local authorities
Part 5   —
Medical services
Part 6   —
Dental services
Part 7   —
Ophthalmic services
Part 8   —
Pharmaceutical services
Part 9   —
Charging
Part 10   —
Fraud etc.
Part 11   —
Property and finance
Part 12   —
Public involvement and scrutiny
Part 13   —
Miscellaneous
Schedule 5   —
Part 1: amendments of other enactments
Schedule 6   —
Part 1: transitional provision
Schedule 7   —
Monitor
Schedule 8   —
References by Monitor to the Competition Commission
Schedule 9   —
Further provision about enforcement powers
Part 1   —
Discretionary requirements
Part 2   —
Enforcement undertakings
Schedule 10   —
Procedure on references under section 106
Schedule 11   —
Part 3: minor and consequential amendments
Schedule 12   —
Abolition of NHS trusts in England: consequential
amendments
Part 1   —
Amendments of the National Health Service Act 2006
Part 2   —
Amendments of other Acts
Schedule 13   —
Local Healthwatch Organisations
Schedule 14   —
Part 7: consequential amendments and savings
Part 1   —
Abolition of The General Social Care Council
Part 2   —
The Health and Care Professions Council
Part 3   —
The Professional Standards Authority for Health and Social
Care
Part 4   —
The Office of the Health Professions Adjudicator
Schedule 15   —
The National Institute for Health and Care Excellence
Schedule 16   —
Part 8: consequential amendments
Schedule 17   —
The Health and Social Care Information Centre
Schedule 18   —
Part 9: consequential amendments
Schedule 19   —
Part 10: consequential amendments and savings
Part 1   —
The Alcohol Education and Research Council
Part 2   —
The Appointments Commission
Part 3   —
The National Information Governance Board for Health and
Social Care
Schedule 20   —
Amendments relating to relationships between the health
services
Schedule 21   —
Property transfer schemes
Schedule 22   —
Staff transfer schemes

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Revised 19 January 2011