Session 2010 - 11
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Public Bill Committee: 24 March 2011                  

497

 

Health and Social Care Bill, continued

 
 

(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

 

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.


 
 

Public Bill Committee: 24 March 2011                  

498

 

Health and Social Care Bill, continued

 
 

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

 

Regulatory 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’.

 

Mr Simon Burns

 

600

 

Clause  218,  page  190,  line  35,  leave out from first ‘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’.


 
 

Public Bill Committee: 24 March 2011                  

499

 

Health and Social Care Bill, continued

 
 

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.

 

(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.


 
 

Public Bill Committee: 24 March 2011                  

500

 

Health and Social Care Bill, continued

 
 

(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’.

 


 

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;’.

 



 
 

Public Bill Committee: 24 March 2011                  

501

 

Health and Social Care Bill, continued

 
 

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)—

 

(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,”.’.

 



 
 

Public Bill Committee: 24 March 2011                  

502

 

Health and Social Care Bill, continued

 
 

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”.

 

(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.’.

 



 
 

Public Bill Committee: 24 March 2011                  

503

 

Health and Social Care Bill, continued

 
 

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—

 

(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.


 
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