Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 22 March 2011

475

Health and Social Care Bill, continued

individuals occupying such posts are appropriately qualified and

registered as a social worker.

(b)	All qualified and registered social workers should operate at all

times within the International Ethical Principles for Social

Work.”’.

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.

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.

Public Bill Committee: 22 March 2011

476

Health and Social Care Bill, continued

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.

(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.

Public Bill Committee: 22 March 2011

477

Health and Social Care Bill, continued

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).

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.

Public Bill Committee: 22 March 2011

478

Health and Social Care Bill, continued

(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.

(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.’.

Public Bill Committee: 22 March 2011

479

Health and Social Care Bill, continued

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.

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:

Public Bill Committee: 22 March 2011

480

Health and Social Care Bill, continued

      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

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 5; Schedule 1; Clauses 6 to 21; Schedule 2;

Public Bill Committee: 22 March 2011

481

Health and Social Care Bill, continued

Clauses 22 to 43; Schedule 3; Clauses 44 and 45; Schedules 4 to 6; Clauses

46 to 50; Clauses 186 to 192; Clauses 166 and 167; Schedule 13; Clauses 168

to 183; Clause 185; Clause 51; Schedule 7; Clauses 52 to 92; Schedule 8;

Clauses 93 to 97; Schedule 9; Clauses 98 to 106; Schedule 10; Clauses 107

to 135; Schedule 11; Clauses 136 to 164; Schedule 12; Clause 165; Clause

184; Clauses 193 to 215; Schedule 14; Clauses 216; Schedule 15; Clauses

217 to 233; Schedule 16; Clauses 234 to 236; Schedule 17; Clauses 237 to

257; Schedule 18; Clauses 258 to 260; Schedule 19; Clauses 261 to 271;

Schedule 20; Clauses 272 to 274; Schedules 21 and 22; Clauses 275 to 281;

new Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 pm on Thursday 31 March.

Order of the Committee [8 March 2011]

That the Order of the Committee of 8 February be amended as follows—

In paragraph (3) for the words from “Clauses 22 to 43;” to the end of the paragraph

substitute “Clauses 22 to 38; Clauses 40 to 43; Schedule 3; Clause 44; Clauses 47 to 50;

Clauses 186 to 192; Clauses 166 and 167; Schedule 13; Clauses 168 to 183; Clause 185;

Clause 51; Schedule 7; Clauses 52 to 59; Clause 39; Clause 45; Schedules 4 to 6; Clause

46; Clauses 60 to 92; Schedule 8; Clauses 93 to 97; Schedule 9; Clauses 98 to 106;

Schedule 10; Clauses 107 to 135; Schedule 11; Clauses 136 to 164; Schedule 12; Clause

165; Clause 184; Clauses 193 to 215; Schedule 14; Clause 216; Schedule 15; Clauses 217

to 233; Schedule 16; Clauses 234 to 236; Schedule 17; Clauses 237 to 257; Schedule 18;

Clauses 258 to 260; Schedule 19; Clauses 261 to 271; Schedule 20; Clauses 272 to 274;

Schedules 21 and 22; Clauses 275 to 281; new Clauses; new Schedules; remaining

proceedings on the Bill;”.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Mr Simon Burns

398

Clause  104,  page  95,  line  8,  at end insert—

‘(2A)

The national tariff may also provide—

(a)	for rules for the variation in specified circumstances of prices specified

under subsection (1)(c);

(b)	for rules relating to the payment of prices so specified.’.

Mr Simon Burns

399

Clause  104,  page  95,  line  10,  at end insert ‘and, where the national tariff provides

for rules under subsection (2A), as to the application of those rules.’.

Mr Simon Burns

401

Clause  105,  page  96,  line  8,  at end insert—

‘(4A)

The notice must also specify—

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