Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 17 March 2011

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Health and Social Care Bill, continued

(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

removal of the designation or by a provider mentioned in subsection (2),

reconsider its decision to refuse the application.

(2)	The providers are—

(a)	the provider of the designated service,

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Health and Social Care Bill, continued

(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 commissioner made the complaint, consult the provider of the

designated service;

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

consult the commissioner;

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

consult the commissioner and the provider of the designated service.

(4)	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 no longer met.

(5)	If Monitor grants the application—

(a)	the service ceases to be designated, and

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

decision to grant the application lies to the First-tier Tribunal.

(6)	If Monitor does not grant the application—

(a)	an appeal by the commissioner or the provider mentioned in subsection

(2)(a) against the decision not to grant the application lies to the First-tier

Tribunal, and

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

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

Tribunal’.

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—

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Health and Social Care Bill, continued

(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;

(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—

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Health and Social Care Bill, continued

(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

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 Schedules

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.

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Health and Social Care Bill, continued

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.

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.

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Health and Social Care Bill, continued

(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).

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).

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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.

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.

© Parliamentary copyright	Revised 17 March 2011