Session 2010 - 11
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Notices of Amendments: 10 March 2011

272

Health and Social Care Bill, continued

Mr Simon Burns

516

Clause  89,  page  84,  line  13,  at end insert—

‘( )	Monitor must not exercise a function to which this section applies in a way which

it considers would result in a particular licence holder or holders of licences of a

particular description being put at an unfair advantage or disadvantage in

competing with others in the provision of health care services for the purposes of

the NHS as a result of—

(a)	being in public or (as the case may be) private ownership, or

(b)	some other aspect of its or their status.’.

Mr Simon Burns

517

Schedule  8,  page  288,  line  19,  leave out ‘and (6)’ and insert ‘, (6) and (8) to (11)’.

Mr Simon Burns

518

Schedule  8,  page  288,  line  34,  after ‘(7)’ insert ‘to (11)’.

Mr Simon Burns

519

Clause  113,  page  102,  line  4,  after ‘of’ insert ‘, and Schedule 9 to,’.

Mr Simon Burns

520

Clause  113,  page  102,  line  39,  at end insert—

‘( )	In section 57 of that Act (mergers etc: supplementary) (as amended by section

157 of this Act)—

(a)	in subsection (3)(a), for “the persons mentioned in section 54(4)”

substitute “another NHS foundation trust, an NHS trust or the Secretary

of State”,

(b)	omit subsection (3)(b), and

(c)	in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or

(c)” substitute “another NHS foundation trust or an NHS trust”.

( )	In section 64 of that Act (procedure for orders and regulations under Chapter 5 of

Part 2 of that Act) (as amended by section 157 of this Act), in subsection (4), omit

paragraph (b).’.

Mr Simon Burns

521

Clause  113,  page  102,  line  43,  leave out subsection (4).

Mr Simon Burns

522

Clause  136,  page  118,  line  11,  at end insert—

‘( )	In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor

by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary

of State”.’.

Mr Simon Burns

523

Clause  136,  page  118,  line  17,  after ‘33(4)(a)’ insert ‘(in each place it appears)’.

Notices of Amendments: 10 March 2011

273

Health and Social Care Bill, continued

Mr Simon Burns

524

Clause  136,  page  118,  line  19,  after ‘in’ insert ‘section 60(2) and (3) and’.

Mr Simon Burns

525

Clause  148,  page  126,  line  20,  after ‘capital)’ insert ‘—

(a)	in subsection (2), at the end insert “; and the reference to section 40 is a

reference to that section as it had effect until the commencement of

section 148(2) of the Health and Social Care Act 2011 (which repealed

subsection (2) of that section)”, and

(b)

’.

Mr Simon Burns

526

Clause  150,  page  128,  line  25,  at end insert—

‘( )	In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act

2009.’.

Mr Simon Burns

527

Clause  156,  page  130,  line  39,  at end insert—

‘( )	An application under this section may be made only with the approval of more

than half of the members of the council of governors of the applicant.’

Mr Simon Burns

528

Clause  157,  page  131,  line  17,  at end insert ‘, and

(c)	in paragraph (b), at the end insert “or trusts”.’.

Mr Simon Burns

529

Clause  162,  page  135,  line  38,  leave out paragraph (d) and insert—

‘(d)	for “(5)” substitute “(7)”.’.

Mr Simon Burns

530

Clause  162,  page  136,  line  5,  leave out paragraph (d) and insert—

‘(d)	for “(4)” substitute “(7)”.’.

Mr Simon Burns

531

Clause  163,  page  136,  line  29,  leave out ‘(m)’ and insert ‘(n)’.

Mr Simon Burns

532

Clause  163,  page  136,  line  30,  after ‘(ab)’ insert ‘, (6ZA)’.

Mr Simon Burns

533

Clause  163,  page  136,  line  30,  at end insert—

Notices of Amendments: 10 March 2011

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Health and Social Care Bill, continued

‘( )	in paragraph 28(3) of Schedule 4 to that Act, the words from “or where”

to “65I(3)”,

( )	paragraph 22(1)(g) to (n) of Schedule 7 to that Act,

( )	in the definition of “NHS trust” in section 206(1) of the National Health

Service (Wales) Act 2006, the words from “(including” to the end,

( )	section 18(9), (10) and (12) of the Health Act 2009, and’.

Mr Simon Burns

534

Schedule  12,  page  301,  line  18,  omit paragraph 4.

Mr Simon Burns

535

Schedule  12,  page  302,  line  8,  after ‘trusts)’ insert ‘—

(a)	in subsection (3)(a), omit “, an NHS trust”,

(b)	in subsection (4), omit “or an NHS trust”, and

(c)

’.

Mr Simon Burns

536

Schedule  12,  page  302,  line  16,  at end insert—

‘	In section 66 (intervention orders) (as amended by paragraph 8(1) of Schedule

20 to this Act), in subsection (1), omit paragraph (a) and the “and” following

it.’.

Mr Simon Burns

537

Schedule  12,  page  302,  line  19,  at end insert—

‘()	For the title to section 70 substitute “Transfer of residual liabilities of Special

Health Authorities”.’.

Mr Simon Burns

538

Schedule  12,  page  302,  line  22,  at end insert ‘, and

( )	in subsection (5), omit “(c),”.’.

Mr Simon Burns

539

Schedule  12,  page  302,  line  25,  leave out ‘for “NHS trust or” substitute “a”’ and

insert ‘omit “NHS trust or”’.

Mr Simon Burns

540

Schedule  12,  page  302,  line  25,  at end insert—

‘	Omit section 78 (directed partnership arrangements).’

Mr Simon Burns

541

Schedule  12,  page  303,  line  2,  at end insert—

‘	Omit section 272(5).’.

Notices of Amendments: 10 March 2011

275

Health and Social Care Bill, continued

Mr Simon Burns

542

Schedule  12,  page  304,  line  35,  leave out paragraph 44.

Mr Simon Burns

543

Clause  165,  page  137,  line  20,  after ‘Act’ insert ‘and the preceding cross-heading’.

Requirements under section 63: undertakings

Mr Simon Burns

NC7

To move the following Clause:—

‘(1)	Regulations under section 63 may confer on Monitor a power to accept an

undertaking (referred to in this Chapter as a “section (Requirements under section

63: undertakings) undertaking”) from the National Health Service

Commissioning Board or a commissioning consortium to take such action of a

kind mentioned in subsection (2) as is specified in the undertaking within such

period as is so specified.

(2)	The specified action must be—

(a)	action of a description given in paragraphs (a) to (e) of section 64(6), or

(b)	action of such a description as may be prescribed.

(3)	Where Monitor accepts a section (Requirements under section 63: undertakings)

undertaking then, unless the Board, or (as the case may be) the consortium from

whom the undertaking is accepted, has failed to comply with the undertaking or

any part of it, Monitor may not—

(a)	continue to carry out the investigation in question,

(b)	make a declaration by virtue of subsection (3) of section 64 in relation to

the arrangement in question, or

(c)	give a direction by virtue of subsection (6) of that section in relation to

the failure in question.

(4)	Where the Board, or (as the case may be) the consortium from whom Monitor has

accepted a section (Requirements under section 63: undertakings) undertaking,

has failed to comply fully with the undertaking but has complied with part of it,

Monitor must take the partial compliance into account in deciding whether to do

something mentioned in paragraphs (a) to (c) of subsection (3).

(5)	Schedule (Requirements under section 63: undertakings) (which makes further

provision about section (Requirements under section 63: undertakings)

undertakings) has effect.’.

Guidance

Mr Simon Burns

NC8

To move the following Clause:—

‘(1)	Monitor must publish guidance about—

(a)	compliance with requirements imposed by regulations under section 63;

(b)	how it intends to exercise powers conferred on it by regulations under

that section.

(2)	Before publishing guidance under subsection (1)(a), Monitor must consult—

Notices of Amendments: 10 March 2011

276

Health and Social Care Bill, continued

(a)	the National Health Service Commissioning Board, and

(b)	such other persons as Monitor considers appropriate.

(3)	Before publishing guidance under subsection (1)(a) or (b), Monitor must obtain

the approval of the Secretary of State.

(4)	Monitor may revise guidance under this section and, if it does so, must publish

the guidance as revised.’.

Reviews under section 66: powers of investigation

Mr Simon Burns

NC9

To move the following Clause:—

‘(1)	The following provisions of Part 3 of the Enterprise Act 2002 apply, with the

modifications in subsections (2) to (8), for the purposes of the exercise by the

Competition Commission of its function under section 66(3) as they apply for the

purposes of investigations on references under that Part—

(a)	section 109 (attendance of witnesses and production of documents),

(b)	section 110 (enforcement of powers under section 109: general),

(c)	section 111 (penalties),

(d)	section 112 (penalties: main procedural requirements),

(e)	section 113 (payments and interest by instalments),

(f)	section 114 (appeals in relation to penalties),

(g)	section 115 (recovery of penalties),

(h)	section 116 (statement of policy),

(i)	section 117 (offence of supplying false or misleading information), and

(j)	section 125 (offences by bodies corporate) so far as relating to section

117.

(2)	Section 110 has effect as if—

(a)	subsection (2) were omitted,

(b)	in subsection (4), for “the report of the Commission on the reference

concerned” there were substituted “the report of the Commission on the

review concerned”,

(c)	for subsections (5) to (8) there were substituted—

“(5)	Where the Commission considers that a person has intentionally

altered, suppressed or destroyed a document which he has been

required to produce under section 109, it may impose a penalty

in accordance with section 111.”, and

(d)	in subsection (9), for the words from “or (3)” to “section 65(3))” there

were substituted “, (3) or (5)”.

(3)	Section 111 has effect as if—

(a)	in subsection (1), for “or (3)” there were substituted “, (3) or (5)”, and

(b)	in subsections (3) and (6), after “110(3)” there were inserted “or (5)”.

(4)	Section 111(5)(b)(ii) has effect as if—

(a)	for “the reference concerned” there were substituted “the review

concerned”,

(b)	the words “(or, in the case of a report under section 50 or 65, given)” were

omitted,

(c)	the words “(or given)”, in each place they appear, were omitted, and

Notices of Amendments: 10 March 2011

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Health and Social Care Bill, continued

(d)	the words “by this Part” were omitted.

(5)	Section 112 has effect as if, in subsection (1), for “or (3)” there were substituted

“, (3) or (5)”.

(6)	Section 114 has effect as if, in subsection (1), for “or (3)” there were substituted

“, (3) or (5)”.

(7)	Section 115 has effect as if for “or (3)” there were substituted “, (3) or (5)”.

(8)	Section 116 has effect as if, in subsection (2), for “or (3)” there were substituted

“, (3) or (5)”.

(9)	Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes

of sections 109 to 116 of that Act (including, in particular, provisions relating to

the making of orders) have effect for the purposes of the application of those

sections by virtue of subsection (1) in relation to those sections as applied by

virtue of that subsection.

(10)	Accordingly, corresponding provisions of this Act do not have effect in relation

to those sections as applied by virtue of this section.’.

Complaint about grant of application for designation

Mr Simon Burns

NC10

To move the following Clause:—

‘(1)	Where an application for the designation of a service under section 69 is granted,

Monitor must, on a complaint by a provider mentioned in subsection (2),

reconsider its decision to grant the application.

(2)	The providers are—

(a)	the provider of the designated service,

(b)	any other provider of health care services who has sufficient interest in

the application.

(3)	For the purposes of the reconsideration, Monitor must—

(a)	where the provider mentioned in subsection (2)(a) made the complaint,

consult the commissioner who applied for the designation;

(b)	where a provider mentioned in subsection (2)(b) made the complaint,

consult the commissioner and the provider mentioned in subsection

(2)(a).

(4)	Monitor may remove the designation if, having regard to the matters in subsection

(4) of section 69, it is satisfied that the criterion in subsection (3) of that section

is not met.

(5)	If Monitor removes the designation—

(a)	an appeal by the commissioner against the decision to remove it lies to

the First-tier Tribunal, and

(b)	where a provider mentioned in subsection (2)(b) made the complaint, an

appeal by the provider mentioned in subsection (2)(a) against the

decision also lies to the First-tier Tribunal.

(6)	If Monitor does not remove the designation—

(a)	an appeal by the provider mentioned in subsection (2)(a) against the

decision not to remove the designation lies to the First-tier Tribunal, and

(b)	where a provider mentioned in subsection (2)(b) made the complaint, an

appeal by that provider against the decision also lies to the First-tier

Tribunal.’.

Notices of Amendments: 10 March 2011

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Health and Social Care Bill, continued

Complaint about refusal of application for designation

Mr Simon Burns

NC11

To move the following Clause:—

‘(1)	Where an application for the designation of a service under section 69 is refused,

Monitor must, on a complaint by the commissioner who applied for the

designation or by the provider of the service, reconsider the application.

(2)	For the purposes of the reconsideration, Monitor must—

(a)	where the commissioner made the complaint, consult the provider;

(b)	where the provider made the complaint, consult the commissioner.

(3)	Monitor may grant the application if, having regard to the matters in subsection

(4) of section 69, it is satisfied that the criterion in subsection (3) of that section

is met.

(4)	If Monitor grants the application—

(a)	the service is designated and this Part applies in relation to it accordingly,

and

(b)	an appeal by the provider against the decision to grant the application lies

to the First-tier Tribunal.

(5)	If Monitor refuses the application, an appeal by the commissioner or the provider

against the decision to refuse the application lies to the First-tier Tribunal.’.

Complaint about grant of application for removal of designation

Mr Simon Burns

NC12

To move the following Clause:—

‘(1)	Where an application for the removal of a designation under section 71(3) is

granted, Monitor must, on a complaint by the provider of the service, reconsider

its decision to grant the application.

(2)	For the purposes of the reconsideration, Monitor must consult the commissioner

who applied for the removal of the designation.

(3)	Monitor may revoke the removal of the designation if, having regard to the

matters in subsection (4) of section 69, it is satisfied that the criterion in

subsection (3) of that section is met.

(4)	If Monitor revokes the removal of the designation—

(a)	the service is designated and this Part applies accordingly, and

(b)	an appeal by the commissioner against the decision to revoke the removal

of the designation lies to the First-tier Tribunal.

(5)	If Monitor does not revoke the removal of the designation, an appeal by the

provider against the decision not to revoke it lies to the First-tier Tribunal.’.

Complaint about refusal of application for removal of designation

Mr Simon Burns

NC13

To move the following Clause:—

‘(1)	Where an application for the removal of a designation under section 71(3) is

refused, Monitor must, on a complaint by the commissioner who applied for the

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