Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee: 24 March 2011                  

511

 

Health and Social Care Bill, continued

 
 

Northern Ireland Assembly and Legislative Consent

 

Jim Shannon

 

NC17

 

Parliamentary Star    

To move the following Clause:—

 

‘In section 62 of the Health Act 1999 (regulation of health care professions etc.),

 

after subsection (10), insert—

 

“(10A)    

But if any provision made by an Order in Council under that section

 

would, if it were included in an Act of the Northern Ireland Assembly, be

 

within the legislative competence of that Assembly, no recommendation

 

is to be made to Her Majesty to make the Order unless a draft—

 

(a)    

has been laid before, and approved by resolution of, each House

 

of Parliament, and

 

(b)    

has been laid before, and approved by resolution of, the Northern

 

Ireland Assembly.”’.

 


 

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.


 
 

Public Bill Committee: 24 March 2011                  

512

 

Health and Social Care Bill, continued

 
 

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.

 

      (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—


 
 

Public Bill Committee: 24 March 2011                  

513

 

Health and Social Care Bill, continued

 
 

“(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).

 

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:—


 
 

Public Bill Committee: 24 March 2011                  

514

 

Health and Social Care Bill, continued

 
 

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 section (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


 
 

Public Bill Committee: 24 March 2011                  

515

 

Health and Social Care Bill, continued

 
 

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:

 

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;


 
 

Public Bill Committee: 24 March 2011                  

516

 

Health and Social Care Bill, continued

 
 

(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:

 

      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

  

 
 

Public Bill Committee: 24 March 2011                  

517

 

Health and Social Care Bill, continued

 
 

(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;

 

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;”.

 


 
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