House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 15 March 2011
343

Health and Social Care Bill, continued

Complaints: general provisions

Mr Simon Burns

NC14

To move the following Clause:—

‘(1)
This section applies in relation to a complaint under section (Complaint about

grant of application for designation), (Complaint about refusal of application for

designation), (Complaint about grant of application for removal of designation)

or (Complaint about refusal of application for removal of designation).

(2)
The complaint must be made before the end of the period of 28 days beginning

with the day on which notice of the decision to which the complaint relates was

received.

(3)
No individual involved in the decision to which the complaint relates may be

involved in the reconsideration of the decision.

(4)
Monitor must give notice of its decision on the reconsideration to—

(a)
the commissioner who applied for the designation of the service or (as the

case may be) for the removal of the designation,

(b)
the provider of the designated service, and

(c)
where, in a case within section (Complaint about grant of application for

designation) or (Complaint about refusal of application for removal of

designation), the person who makes the complaint is the provider

mentioned in subsection (2)(b) of that section, that provider.

(5)
The grounds for an appeal against Monitor’s decision on the reconsideration are

that the decision was—

(a)
based on an error of fact,

(b)
wrong in law, or

(c)
unreasonable.

(6)
On the appeal, the First-tier Tribunal may confirm Monitor’s decision or direct

that it is not to have effect.’.

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;

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Health and Social Care Bill, continued

(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.’.

Chief social worker

Emily Thornberry

NC5

To move the following Clause:—

‘There will be a Chief Social Worker—

(a)
to report to and advise Ministers,

(b)
to make an annual report to Parliament on the state of social work in

England,

(c)
to work in close co-operation with the College of Social Work, the Social

Work and Health Professions Council, the Professional Standards

Authority for Health and Social Care, the National Institute for Health

and Care Excellence, inspectors and employers.’.

College of social work

Emily Thornberry

NC6

To move the following Clause:—

‘(1)
There will be statutory guidance and regulation to ensure that Government and

Local Government, the Chief Social Worker, the Social Work and Health

Professions Council, inspectors and employers consult with and respond to the

advice offered by the College of Social Work.

(2)
The statutory entitlements of the College of Social Work will be dependent on its

ability to demonstrate every four years that it has 51 per cent. of registered social

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Health and Social Care Bill, continued

workers in membership; if it fails to do so its statutory role will be suspended for

12 months and thereafter indefinitely until this can be rectified.’.

New Schedule

Mr Simon Burns

NS1

To move the following Schedule:—

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

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Health and Social Care Bill, continued

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.

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.

Public Bill Committee: 15 March 2011
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Health and Social Care Bill, continued

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).

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).’.

Mr Simon Burns

NS2

To move the following Schedule:—

SCHEDULE

Section (Requirements under section 63:

undertakings)

Requirements under section 63: undertakings

Procedure

1    (1)
Monitor must publish a procedure for entering into section (Requirements

under section 63: undertakings) undertakings.

      (2)
Monitor may revise the procedure and, if it does so, Monitor must publish the

procedure as revised.

      (3)
Monitor must consult such persons as it considers appropriate before

publishing or revising the procedure.

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Health and Social Care Bill, continued

2    (1)
Where Monitor accepts a section (Requirements under section 63:

undertakings) undertaking, Monitor must publish the undertaking.

      (2)
But Monitor must not under sub-paragraph (1) publish any part of a section

(Requirements under section 63: undertakings) undertaking which contains

commercial information the disclosure of which Monitor considers would or

might significantly harm the legitimate business interests of any person to

whom it relates.

Variation of terms

3
The terms of a section (Requirements under section 63: undertakings)

undertaking (including in particular the action specified under it and the period

so specified within which the action must be taken) may be varied if both the

person giving the undertaking and Monitor agree.

Compliance certificates

4    (1)
Where Monitor is satisfied that a section (Requirements under section 63:

undertakings) undertaking has been complied with, Monitor must issue a

certificate to that effect (referred to in this Schedule as a “compliance

certificate”).

      (2)
A person who has given a (Requirements under section 63: undertakings)

undertaking may at any time make an application to Monitor for a compliance

certificate.

      (3)
The application must be made in such form, and accompanied by such

information, as Monitor requires.

      (4)
Monitor must decide whether or not to issue a compliance certificate, and give

notice to the applicant of its decision, before the end of the period of 14 days

beginning with the day after that on which the application is received.

5    (1)
An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse

an application for a compliance certificate.

      (2)
The grounds for an appeal under this paragraph are that the decision was—

(a)
based on an error of fact,

(b)
wrong in law, or

(c)
unfair or unreasonable.

      (3)
On an appeal under this paragraph, the Tribunal may confirm Monitor’s

decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

6
Where Monitor is satisfied that a person who has given a section

(Requirements under section 63: undertakings) undertaking has supplied

Monitor with inaccurate, misleading or incorrect information in relation to the

undertaking—

(a)
Monitor may treat the person as having failed to comply with the

undertaking, and

(b)
if Monitor decides so to treat the person, Monitor must by notice

revoke any certificate of compliance given to that person.’.

Order of the House [31 January 2011]

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

Public Bill Committee: 15 March 2011
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Health and Social Care Bill, continued

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.

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:



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