Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 22 March 2011

461

Health and Social Care Bill, continued

Emily Thornberry

473

Clause  193,  page  164,  line  20,  at end insert—

‘(5A)

After subsection 2ZA insert—

“(2ZAA)

Social Work in England is that which through the exercise of its statutory

functions and/or the employment of its range of skills works to—

(a)	promote social justice by helping people to achieve change in

their lives;

(b)	meet the needs of people and enable their social inclusion and the

cohesion of society;

(c)	protect those who may be at risk of abuse or harm from others;

(d)	reduce the risk of people abusing or harming others;

(e)	enhance self respect and respect for others within families,

groups and communities; and

(f)	reduce conflict and distress in families, groups and communities.

(2ZAB)

Social Work operates within a wide range of legislative frameworks and

with Government guidance and regulations.

(2ZAC)

Social Work puts individuals, families, groups and communities at the

forefront of its concern and works with all others to promote their health,

socio-economic wellbeing and empowerment.

(2ZAD)

Social Work provides the necessary challenge to governments and

institutions through advocacy which is rooted in internationally

recognised ethical principles and undertaken alongside individuals,

families, groups and communities.”’.

Emily Thornberry

547

Clause  198,  page  169,  leave out line 7 and insert—

‘(b)	is to change its name to the Social Work and Health Professions

Council.’.

Emily Thornberry

548

Clause  198,  page  169,  line  12,  leave out ‘“The Health and Care Professions

Council”’ and insert ‘“The Social Work and Health Professions Council”’.

Emily Thornberry

549

Clause  198,  page  169,  line  16,  leave out ‘“the Health and Care Professions

Council”’ and insert ‘“the Social Work and Health Professions Council”’.

Mr Simon Burns

593

Clause  212,  page  184,  line  9,  leave out from beginning to ‘imposes’ and insert ‘The

Public Bill Committee: 22 March 2011

462

Health and Social Care Bill, continued

reference in subsection (2) to an enactment does not include a reference to an enactment

in so far as it’.

Emily Thornberry

546

Clause  212,  page  185,  line  16,  at end insert—

‘(6)	An assessment under this section must have particular regard to the level of

engagement with patients and the level of potential harm posed to patients of each

health profession under consideration.

(7)	If, following the impact assessment, the regulatory body identifies that statutory

regulation is more proportionate to the level of risk posed to users of health care,

users of social care in England and users of social work services in England by a

certain group of health or social care professionals, then there will be a duty on

the Secretary of State to introduce statutory regulation for such groups.’.

Mr Simon Burns

594

Schedule  14,  page  318,  line  35,  leave out paragraph 47.

Mr Simon Burns

595

Schedule  14,  page  321,  line  37,  at end insert—

‘()	Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008

(which provides for the inclusion of a reference to the Council for Healthcare

Regualtory Excellence in the National Assembly for Wales (Disqualification)

Order 2006, which has itself been revoked).’.

Mr Simon Burns

596

Schedule  14,  page  322,  line  8,  leave out paragraph (d).

Mr Simon Burns

597

Schedule  14,  page  322,  line  15,  leave out paragraph (b).

Mr Simon Burns

598

Schedule  14,  page  322,  line  15,  at end insert—

‘()	Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008

(which inserts a reference to the OHPA in the National Assembly for Wales

(Disqualification) Order 2006, which has itself been revoked).’.

Mr Simon Burns

599

Clause  218,  page  190,  line  33,  after ‘section’, insert ‘7A or’.

Public Bill Committee: 22 March 2011

463

Health and Social Care Bill, continued

Mr Simon Burns

600

Clause  218,  page  190,  line  35,  leave out from ‘of’ to ‘Schedule’ in line 36 and

insert ‘—

(a)	the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or

12 of Schedule 1 to, that Act, or

(b)	a local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13

of’.

Mr Simon Burns

601

Clause  221,  page  192,  line  21,  leave out ‘and’.

Mr Simon Burns

602

Clause  221,  page  192,  line  31,  after ‘any’, insert ‘public’.

Mr Simon Burns

603

Clause  221,  page  192,  line  40,  at end insert—

‘“public body” means a body or other person whose functions—

(a)	are of a public nature, or

(b)	include functions of that nature,

but, in the latter case, the body or person is a public body to the extent

only of those functions;’.

Mr Simon Burns

604

Clause  223,  page  193,  line  24,  after ‘provision’, insert ‘, or the facilitation of the

provision,’.

Mr Simon Burns

605

Clause  233,  page  196,  line  5,  at end insert—

‘(2)	A statement of standards prepared and published by the Institute before

commencement is to be treated on and after commencement as if it were a quality

standard—

(a)	prepared and published by NICE in accordance with section 218,

(b)	endorsed under subsection (5) of that section, and

(c)	in respect of which the transitional commissioner is the relevant

commissioner for the purposes of that section.

(3)	Subsections (4) to (6) apply to a case where before commencement—

(a)	the Secretary of State has referred a matter to the Institute for the purpose

of preparing and publishing a statement of standards, but

(b)	the Institute has not published the statement.

Public Bill Committee: 22 March 2011

464

Health and Social Care Bill, continued

(4)	The referral by the Secretary of State to the Institute of the matter is to be treated

on and after commencement as if it were a direction given to NICE by the

transitional commissioner for the preparation of a quality standard in relation to

that matter under section 218(1); and the transitional commissioner is to be

treated as the relevant commissioner for the purposes of that section.

(5)	Anything done by the Institute before commencement in relation to the matter is

to be treated on and after commencement as having been done by NICE in

pursuance of the direction.

(6)	Consultation undertaken by the Institute before commencement in relation to the

matter is to be treated on and after commencement as if it were consultation by

NICE under section 218(3) in relation to the preparation of the quality standard.

(7)	A procedure established by the Institute before commencement for the

preparation of statements of standards is to be treated on and after

commencement as if it were a procedure established by NICE in accordance with

section 218(7) for the preparation of quality standards.

(8)	For the purposes of this section “the transitional commissioner” is the Secretary

of State; but the Secretary of State, after consulting the Board, may direct that in

relation to a particular statement of standards or matter the transitional

commissioner is—

(a)	the Board, or

(b)	both the Secretary of State and the Board.

(9)	In this section—

“commencement” means the commencement of section 218;

“the Institute” means the Special Health Authority known as the National

Institute for Health and Clinical Excellence;

“statement of standards” means a document containing advice to the

Secretary of State in relation to the quality of the provision of health care

prepared and published by the Institute pursuant to the directions given

to the Institute by the Secretary of State on 27 July 2009.’.

Mr Simon Burns

606

Schedule  16,  page  331,  line  7,  at end insert—

‘National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969)

In Part 1 of the Schedule to the National Assembly for Wales

(Disqualification) Order 2010 (bodies of which the members are disqualified),

at the appropriate place insert—

“National Institute for Health and Care Excellence;”.’.

Mr Simon Burns

607

Clause  277,  page  219,  line  15,  leave out ‘or by virtue of’.

Public Bill Committee: 22 March 2011

465

Health and Social Care Bill, continued

Mr Simon Burns

608

Clause  280,  page  220,  line  16,  after ‘sections’, insert ‘46(1) and (3)’,.

Mr Simon Burns

609

Clause  280,  page  220,  line  23,  at end insert—

‘( )	section 259(1) and (3) and Part 2 of Schedule 19 (abolition of the

Appointments Commission),’.

Mr Simon Burns

610

Clause  280,  page  220,  line  23,  at end insert—

‘( )	sections 274 and 275 (transfer schemes) insofar as they confer powers in

connection with the abolition of the Health Protection Agency;’.

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)—

Public Bill Committee: 22 March 2011

466

Health and Social Care Bill, continued

(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,”.

(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”.

Public Bill Committee: 22 March 2011

467

Health and Social Care Bill, continued

(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.”

(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.’.

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.’.

© Parliamentary copyright	Revised 22 March 2011