Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 8 March 2011

196

Health and Social Care Bill, continued

SCHEDULE

Section 46

Abolition of the Health Protection Agency: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1	In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

subject to investigation)—

(a)	omit the entry for the Health Protection Agency, and

(b)	in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)

2	In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which

a scheme under section 1 of that Act can apply), omit the entry for the Health

Protection Agency.

Local Government Act 1972 (c. 70)

3	In section 113 of the Local Government Act 1972 (placing of staff of local

authorities at disposal of other local authorities), in subsection (1A) omit “the

Health Protection Agency,” in each place it occurs.

Health and Safety at Work etc. Act 1974 (c. 37)

4	The Health and Safety at Work etc. Act 1974 is amended as follows.

5	In section 16 (approval of codes of practice), in subsection (2)(a) omit the

words from “(and, in particular,” to the end.

6	In section 50 (exercise of certain powers to make regulations), in subsection

(3)(a) omit the words from “, and, in the case of” to “the Health Protection

Agency”.

House of Commons Disqualification Act 1975 (c. 24)

7	In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(offices disqualifying for membership of the House), omit the entry for the

chairman and any non-executive member of the Health Protection Agency.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8	In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (offices disqualifying for membership of the Assembly), omit the entry

for the chairman and any non-executive member of the Health Protection

Agency.

Employment Rights Act 1996 (c. 18)

9	In section 218 of the Employment Rights Act 1996 (change of employer), in

subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)

10	In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities), omit the entry for the Health Protection Agency.

Public Bill Committee: 8 March 2011

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Health and Social Care Bill, continued

International Development Act 2002 (c. 1)

11	In Schedule 1 to the International Development Act 2002 (statutory bodies

who may exercise certain powers for the purpose of assisting countries outside

the UK), omit the entry for the Health Protection Agency.

Nationality, Immigration and Asylum Act 2002 (c. 41)

12  (1)

Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power

of medical inspector to disclose information to health service bodies) is

amended as follows.

(2)	In paragraph (a)—

(a)	before sub-paragraph (i) insert—

“(ai)

the Secretary of State,”, and

(b)	omit sub-paragraph (vi) and the “or” preceding it.

(3)	In paragraph (b)—

(a)	after sub-paragraph (i) insert “or”, and

(b)	omit sub-paragraph (iv) and the “or” preceding it.

(4)	In paragraph (c)—

(a)	before sub-paragraph (i) insert—

“(ai)

the Secretary of State,”,

(b)	after sub-paragraph (i) insert “or”, and

(c)	omit sub-paragraph (iii).

(5)	In paragraph (d)—

(a)	after sub-paragraph (ii) insert—

“(iia)

the Regional Agency for Public Health and

Social Well-being established under section

12 of the Health and Social Care (Reform)

Act (Northern Ireland) 2009, or”, and

(b)	omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)

13	The Scottish Public Services Ombudsman Act 2002 is amended as follows.

14	In section 7 (matters which may be investigated: restrictions), omit subsection

(6A).

15	In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

National Health Service Act 2006 (c. 41)

16	The National Health Service Act 2006 is amended as follows.

17	In section 9 (NHS contracts), in subsection (4) omit paragraph (j).

18	In section 71 (schemes for meeting losses and liabilities of certain health

bodies)—

(a)	in subsection (2) omit paragraph (g), and

(b)	in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)

19	The National Health Service (Wales) Act 2006 is amended as follows.

20	In section 7 (NHS contracts), in subsection (4) omit paragraph (j).

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Health and Social Care Bill, continued

21	In section 30 (schemes for meeting losses and liabilities of certain health

bodies)—

(a)	after paragraph (b) insert “and”, and

(b)	omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

22	In Schedule 1 to the National Health Service (Consequential Provisions) Act

2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-

heading preceding them).

Health and Social Care Act 2008 (c. 14)

23	In section 159 (functions of Health Protection Agency in relation to biological

substances), omit subsections (2) to (6).

Health and Personal Social Services (Northern Ireland) Order 1991

24	In article 8 of the Health and Personal Social Services (Northern Ireland) Order

1991 (health and social services contracts), in paragraph (2)(g) omit paragraph

(vi).’.

Order of the House [31 January 2011]

That the following provisions shall apply to the Health and Social Care Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 31 March 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets

Consideration and Third Reading

4.	Proceedings on Consideration and Third Reading shall be completed in two

days.

5.	Proceedings on Consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

second day.

6.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

7.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and Third Reading.

Other proceedings

8.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Public Bill Committee: 8 March 2011

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Health and Social Care Bill, continued

Order of the Committee [8 February 2011]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

8 February) meet—

(a)	at 4.00 pm on Tuesday 8 February;

(b)	at 9.00 am and 1.00 pm on Thursday 10 February;

(c)	at 10.30 am and 4.00 pm on Tuesday 15 February;

(d)	at 9.00 am and 1.00 pm on Thursday 17 February;

(e)	at 10.30 am and 4.00 pm on Tuesday 1 March;

(f)	at 9.00 am and 1.00 pm on Thursday 3 March;

(g)	at 10.30 am and 4.00 pm on Tuesday 8 March;

(h)	at 9.00 am and 1.00 pm on Thursday 10 March;

(i)	at 10.30 am and 4.00 pm on Tuesday 15 March;

(j)	at 9.00 am and 1.00 pm on Thursday 17 March;

(k)	at 10.30 am and 4.00 pm on Tuesday 22 March;

(l)	at 9.00 am and 1.00 pm on Thursday 24 March;

(m)	at 10.30 am and 4.00 pm on Tuesday 29 March;

(n)	at 9.00 am and 1.00 pm on Thursday 31 March;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE

	Date	Time	Witness
	Tuesday 8	Until no later than	National Health Service
	February	11.30 am
	Tuesday 8	Until no later than	The Health Foundation; The
	February	12.15 pm	Nuffield Trust; Professor Julian le
			Grand (Richard Titmuss, Professor
			of Social Policy, London School of
			Economics)
	Tuesday 8	Until no later than	Centre for Public Scrutiny; The
	February	1.00 pm	King’s Fund; British Medical
			Association
	Tuesday 8	Until no later than	NHS Alliance; National Association
	February	4.45 pm	of Primary Care; Royal College of
			General Practitioners
	Tuesday 8	Until no later than	Local Government Association
	February	5.30 pm
	Tuesday 8	Until no later than	NHS Confederation
	February	5.50 pm
	Tuesday 8	Until no later than	Unison; Unite; GMB
	February	6.30 pm
	Thursday 10	Until no later than	Independent Regulator of NHS
	February	10.00 am	Foundation Trusts (Monitor);
			Foundation Trust Network;
			Association of Chief Executives of
			Voluntary Organisations
	Thursday 10	Until no later than	National Institute for Health and
	February	10.25 am	Clinical Excellence; Department of
			Health
	Thursday 10	Until no later than	National Voices
	February	1.20 pm
	Thursday 10	Until no later than	MIND; Parkinson’s UK; Cancer
	February	2.25 pm	Research UK; Target Ovarian
			Cancer; Rethink
	Thursday 10	Until no later than	Care Quality Commission
	February	2.55 pm
	Thursday 10	Until no later than	Royal College of Physicians; Royal
	February	3.40 pm	College of Nursing; Royal College
			of Surgeons; RemedyUK
	Thursday 10	Until no later than	Department of Health
	February	4.30 pm

Public Bill Committee: 8 March 2011

200

Health and Social Care Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 5; Schedule 1; Clauses 6 to 21; Schedule 2;

Clauses 22 to 43; Schedule 3; Clauses 44 and 45; Schedules 4 to 6; Clauses

46 to 50; Clauses 186 to 192; Clauses 166 and 167; Schedule 13; Clauses 168

to 183; Clause 185; Clause 51; Schedule 7; Clauses 52 to 92; Schedule 8;

Clauses 93 to 97; Schedule 9; Clauses 98 to 106; Schedule 10; Clauses 107

to 135; Schedule 11; Clauses 136 to 164; Schedule 12; Clause 165; Clause

184; Clauses 193 to 215; Schedule 14; Clauses 216; Schedule 15; Clauses

217 to 233; Schedule 16; Clauses 234 to 236; Schedule 17; Clauses 237 to

257; Schedule 18; Clauses 258 to 260; Schedule 19; Clauses 261 to 271;

Schedule 20; Clauses 272 to 274; Schedules 21 and 22; Clauses 275 to 281;

new Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 pm on Thursday 31 March.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Liz Kendall

Derek Twigg

Emily Thornberry

177

Clause  22,  page  37,  leave out line 8.

Public Bill Committee: 8 March 2011

201

Health and Social Care Bill, continued

Liz Kendall

Derek Twigg

Emily Thornberry

178

Schedule  2,  page  228,  line  1,  leave out ‘not’.

Liz Kendall

Derek Twigg

Emily Thornberry

179

Schedule  2,  page  228,  line  2,  leave out from first ‘Crown’ to end of line.

Liz Kendall

Derek Twigg

Emily Thornberry

180

Schedule  2,  page  228,  line  3,  leave out ‘not to be regarded as property of, or’.

Liz Kendall

Emily Thornberry

Derek Twigg

206

Clause  22,  page  30,  line  18,  at end insert—

‘14MA

Duties relating to the provision of pharmaceutical services

In exercising its functions, a commissioning consortium shall have no authority

in relation to—

(a)	making arrangements for the procurement of drugs and appliances;

(b)	the payments to be made for dispensing of drugs and appliances; or

(c)	the choice by patients as to the person who will provide them with drugs

and appliances.’.

© Parliamentary copyright	Revised 8 March 2011