Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 29 March 2011

552

Health and Social Care Bill, continued

(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.’.

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,

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Health and Social Care Bill, continued

(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.

(4)	Monitor may revise guidance under this section and, if it does so, must publish

the guidance as revised.’.

Reviews under section 66: powers of investigation

Mr Simon Burns

NC9

To move the following Clause:—

‘(1)	The following provisions of Part 3 of the Enterprise Act 2002 apply, with the

modifications in subsections (2) to (8), for the purposes of the exercise by the

Competition Commission of its function under section 66(3) as they apply for the

purposes of investigations on references under that Part—

(a)	section 109 (attendance of witnesses and production of documents),

(b)	section 110 (enforcement of powers under section 109: general),

(c)	section 111 (penalties),

(d)	section 112 (penalties: main procedural requirements),

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(e)	section 113 (payments and interest by instalments),

(f)	section 114 (appeals in relation to penalties),

(g)	section 115 (recovery of penalties),

(h)	section 116 (statement of policy),

(i)	section 117 (offence of supplying false or misleading information), and

(j)	section 125 (offences by bodies corporate) so far as relating to section

117.

(2)	Section 110 has effect as if—

(a)	subsection (2) were omitted,

(b)	in subsection (4), for “the report of the Commission on the reference

concerned” there were substituted “the report of the Commission on the

review concerned”,

(c)	for subsections (5) to (8) there were substituted—

“(5)	Where the Commission considers that a person has intentionally

altered, suppressed or destroyed a document which he has been

required to produce under section 109, it may impose a penalty

in accordance with section 111.”, and

(d)	in subsection (9), for the words from “or (3)” to “section 65(3))” there

were substituted “, (3) or (5)”.

(3)	Section 111 has effect as if—

(a)	in subsection (1), for “or (3)” there were substituted “, (3) or (5)”, and

(b)	in subsections (3) and (6), after “110(3)” there were inserted “or (5)”.

(4)	Section 111(5)(b)(ii) has effect as if—

(a)	for “the reference concerned” there were substituted “the review

concerned”,

(b)	the words “(or, in the case of a report under section 50 or 65, given)” were

omitted,

(c)	the words “(or given)”, in each place they appear, were omitted, and

(d)	the words “by this Part” were omitted.

(5)	Section 112 has effect as if, in subsection (1), for “or (3)” there were substituted

“, (3) or (5)”.

(6)	Section 114 has effect as if, in subsection (1), for “or (3)” there were substituted

“, (3) or (5)”.

(7)	Section 115 has effect as if for “or (3)” there were substituted “, (3) or (5)”.

(8)	Section 116 has effect as if, in subsection (2), for “or (3)” there were substituted

“, (3) or (5)”.

(9)	Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes

of sections 109 to 116 of that Act (including, in particular, provisions relating to

the making of orders) have effect for the purposes of the application of those

sections by virtue of subsection (1) in relation to those sections as applied by

virtue of that subsection.

(10)	Accordingly, corresponding provisions of this Act do not have effect in relation

to those sections as applied by virtue of this section.’.

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Complaint about grant of application for designation

Mr Simon Burns

NC10

To move the following Clause:—

‘(1)	Where an application for the designation of a service under section 69 is granted,

Monitor must, on a complaint by a provider mentioned in subsection (2),

reconsider its decision to grant the application.

(2)	The providers are—

(a)	the provider of the designated service,

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

consult the commissioner who applied for the designation;

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

consult the commissioner and the provider mentioned in subsection

(2)(a).

(4)	Monitor may remove 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 not met.

(5)	If Monitor removes the designation—

(a)	an appeal by the commissioner against the decision to remove it lies to

the First-tier Tribunal, and

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

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

decision also lies to the First-tier Tribunal.

(6)	If Monitor does not remove the designation—

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

decision not to remove the designation lies to the First-tier Tribunal, and

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

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

Tribunal.’.

Complaint about refusal of application for designation

Mr Simon Burns

NC11

To move the following Clause:—

‘(1)	Where an application for the designation of a service under section 69 is refused,

Monitor must, on a complaint by the commissioner who applied for the

designation or by the provider of the service, reconsider the application.

(2)	For the purposes of the reconsideration, Monitor must—

(a)	where the commissioner made the complaint, consult the provider;

(b)	where the provider made the complaint, consult the commissioner.

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(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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(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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(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.’.

The national tariff: further provision

Mr Simon Burns

NC16

To move the following Clause:—

‘(1)	The ways in which a health care service may be specified in the national tariff

under section 104(1)(a) include in particular—

(a)	specifying it by reference to its components,

(b)	specifying it as a service (a “bundle”) that comprises two or more health

care services which together constitute a form of treatment,

(c)	specifying it as a service in a group of standardised services.

(2)	Where a service is specified in accordance with subsection (1)(a), the national

tariff must specify a national price for each component of the service.

(3)	Where a service is specified in accordance with subsection (1)(b), the national

tariff must specify a national price for the bundle.

(4)	Where a service is specified in accordance with subsection (1)(c), the national

tariff must specify a single price as the national price for each service in the group.

(5)	Neither a component specified in accordance with subsection (1)(a) nor a service

comprised in a bundle specified in accordance with subsection (1)(b) is to be

treated for the purposes of this Part as a service capable of being provided

separately for the purposes of the NHS except—

(a)	where the component, or the service comprised in the bundle, is specified

separately under subsection (1)(a) of section 104, or

(b)	in accordance with rules under subsection (2) of that section.’.

Fluoridation of water supplies

Mr Simon Burns

NC19

To move the following Clause:—

‘(1)	Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by

the Water Act 2003, is amended as follows.

(2)	In section 87 (fluoridation of water supplies at request of relevant authorities), in

subsection (3)(a) for sub-paragraph (i) substitute—

“(i)	in relation to areas in England, are to the Secretary of

State;”.

(3)	After subsection (3) of that section insert—

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