Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 8 March 2011

191

Health and Social Care Bill, continued

Mr Simon Burns

200

Clause  110,  page  99,  line  43,  leave out from ‘agreement’ to end of line 3 on page

100.

Mr Simon Burns

201

Clause  110,  page  100,  line  12,  leave out ‘or maximum price’.

Mr Simon Burns

202

Clause  111,  page  100,  line  33,  leave out from ‘determine’ to end of line 36.

Mr Simon Burns

203

Clause  111,  page  100,  line  40,  leave out ‘or maximum price’.

Emily Thornberry

160

Clause  113,  page  102,  line  34,  at end insert—

‘(5A)

Schedule 9 makes provision for the transfer of employees.’.

Mr Simon Burns

407

Clause  114,  page  103,  line  18,  leave out ‘designated’.

Mr Simon Burns

408

Clause  114,  page  103,  line  20,  after ‘imposed’ insert ‘in respect of that activity’.

Emily Thornberry

161

Clause  117,  page  106,  line  21,  at end insert—

‘(e)	for the transfer of staff from an NHS foundation trust or company subject

to a health special administration order to another licence holder.’.

Emily Thornberry

162

Clause  117,  page  106,  line  21,  at end insert—

Public Bill Committee: 8 March 2011

192

Health and Social Care Bill, continued

‘(4)	Any regulations made under this section for staff transfer schemes shall make

provision which is the same or similar to the TUPE regulations.

(5)	In this section, “TUPE regulations” means the Transfer of Undertakings

(Protection of Employment) Regulations 2006 (S2006/246).’.

Mr Simon Burns

409

Clause  124,  page  110,  line  6,  at end insert—

‘( )	Provision by virtue of subsection (3)(e) does not affect any other method of

recovery.’.

Mr Simon Burns

410

Clause  128,  page  112,  line  35,  leave out ‘and 5(6)’ and insert ‘, 5(6) and 6(6)’.

Mr Simon Burns

411

Clause  128,  page  112,  line  38,  leave out paragraph (b).

Mr Simon Burns

412

Clause  129,  page  113,  line  40,  at end insert ‘(but this does not affect any other

method of recovery)’.

Mr Simon Burns

413

Clause  130,  page  114,  line  33,  leave out ‘in its opinion’.

Mr Simon Burns

414

Clause  133,  page  116,  line  27,  at end insert—

‘( )	This section is subject to paragraph 4(3) of Schedule 7 (delivery of notice from

Secretary of State of suspension of non-executive member of Monitor).’.

Public Bill Committee: 8 March 2011

193

Health and Social Care Bill, continued

Emily Thornberry

163

Clause  136,  page  117,  line  40,  at end insert—

‘(c)	to consult with the staff of the NHS foundation trust and their

representatives on transfers of staff, implementation of new contracts or

other changes that could affect working practices.’.

Emily Thornberry

164

Clause  137,  page  118,  line  33,  at end insert ‘The board of directors must consult

with the staff of the NHS foundation trust and their representatives on transfers of staff,

implementation of new contracts, or other changes that could affect working practices.’.

New Clauses

Certification of death

Mr Simon Burns

NC2

To move the following Clause:—

‘(1)	Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification,

certification and registration of deaths) is amended as follows.

(2)	In section 19 (medical examiners)—

(a)	in subsection (1) for “Primary Care Trusts” substitute “Local

authorities”,

(b)	in subsection (2) for “Trust” (in each place where it occurs) substitute

“local authority”, and

(c)	in subsection (5) for “a Primary Care Trust” substitute “a local

authority”.

(3)	In section 20 (medical certificate of cause of death), in subsection (5) for

“Primary Care Trust” substitute “local authority”.’.

Conduct of reviews etc. by Care Quality Commission

Mr Simon Burns

NC3

To move the following Clause:—

‘(1)	Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is

amended as follows.

(2)	In section 48 (special reviews and investigations)—

Public Bill Committee: 8 March 2011

194

Health and Social Care Bill, continued

(a)	in subsection (1) after “may” insert “, with the approval of the Secretary

of State,”, and

(b)	after subsection (1) insert—

“(1A)

The Commission may conduct an investigation under this

section without the approval of the Secretary of State where the

Commission considers there to be a risk to the health, safety or

welfare of persons receiving health or social care.”

(3)	In section 54 (studies as to economy, efficiency etc.), in each of subsections (1)

and (3) after “may” insert “, with the approval of the Secretary of State,”.

(4)	In section 57 (reviews of data, studies and research), in subsection (1) after “may”

insert “, with the approval of the Secretary of State,”.’.

Amendments consequential on section 175

Mr Simon Burns

NC4

To move the following Clause:—

‘(1)	Section 245 of the National Health Service Act 2006 (joint overview and scrutiny

committees) is amended in accordance with subsections (2) to (4).

(2)	In subsection (1) for the words from “relevant functions” to the end of the

subsection substitute ““relevant functions” means functions under regulations

under section 244(2) to (2ZC).”.

(3)	After subsection (4) insert—

“(4A)

The regulations may provide that, where a relevant function in relation to

a local authority is exercisable by a joint overview and scrutiny

committee by virtue of arrangements under regulations under subsection

(2)(a), the local authority may not discharge the function.”

(4)	Omit subsections (5) and (9).

(5)	Section 246 of that Act (exempt information) is amended in accordance with

subsections (6) to (8).

(6)	In subsection (1) for the words from “a meeting of” to the end of the subsection

substitute “a meeting of a local authority or a committee of a local authority

which is an item relating to functions of the authority under regulations under

section 244(2) to (2ZC).”

(7)	In subsection (5) for “overview and scrutiny committees” substitute “local

authorities”.

(8)	In the heading to section 246 for “Overview and scrutiny committees” substitute

“Business relating to functions of local authorities by virtue of section 244”.

(9)	Section 247 of that Act (application to the City of London) is amended in

accordance with subsections (10) to (12).

(10)	For subsection (1) substitute—

“(1)	This section applies to a committee of the Common Council appointed to

exercise functions that the Council has under regulations under section

244(2) to (2ZC).”

(11)	In subsection (2), for the words from the beginning to “apply” substitute “Section

245(2)(b) and (c) applies”.

Public Bill Committee: 8 March 2011

195

Health and Social Care Bill, continued

(12)	In subsection (4)—

(a)	for “subsections (2) to (3A)” substitute “subsections (3) and (3A)”, and

(b)	for the words from “in the case of the committee” to the end of the

subsection substitute “in the case of a committee to which this section

applies, references to functions under regulations under section 244(2) to

(2ZC) which are exercisable by the committee.”

(13)	In consequence of the amendments made by subsections (2) and (6), paragraphs

84(2) and 85 of Schedule 3 to the Localism Act 2011 are omitted.’.

Public Health England

Emily Thornberry

NC1

To move the following Clause:—

‘(1)	After section 1C of the National Health Service Act 2006 insert—

“Public Health England

1D	Public Health England and its functions

(1)	There is a body to be known as Public Health England (“PHE”).

(2)	The PHE shall exercise such functions of the Secretary of State under this

Act as may be prescribed.

(3)	The Secretary of State may make regulations in relation to PHE about—

(a)	its status;

(b)	its membership and its members;

(c)	its staff;

(d)	committees, procedures and exercise of functions;

(e)	provision of information;

(f)	accounts; and

(g)	its seal and evidence.

(4)	The Secretary of State may by regulations prescribe health-related

functions of the Secretary of State (other than functions under the

National Health Service Act 2006) which are to be exercisable by Public

Health England.

(5)	In subsection (4), “health-related functions” means functions related

either directly or indirectly to the health of the public.’.

New Schedule

Mr Simon Burns

NS1

To move the following Schedule:—

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