Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 10 March 2011

255

Health and Social Care Bill, continued

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)—

(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,”.

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Health and Social Care Bill, continued

(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”.

(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.”

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Health and Social Care Bill, continued

(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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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.

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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.

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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

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