House of Commons Amendments

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 29 March 2011
570

Health and Social Care Bill, continued

(3)
In subsection (4) for “the Primary Care Trust for the area in which the birth takes

place” substitute “such relevant body or bodies as may be determined in

accordance with regulations”.

(4)
In subsection (6)—

(a)
after “under subsection (4)” insert “to a relevant body”, and

(b)
for “the Primary Care Trust” (in each place where it occurs) substitute

“the body”.

(5)
In subsection (7)—

(a)
for “A Primary Care Trust” substitute “A relevant body to whom notice

is required to be given under subsection (4)”, and

(b)
for “any medical practitioner or midwife residing or practising within its

area” substitute “such descriptions of medical practitioners or midwives

as may be prescribed”.

(6)
In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant

body or bodies to whom the failure relates”.

(7)
In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a

relevant body”.

(8)
After subsection (10) insert—

“(11)
For the purposes of this section, the following are relevant bodies—

(a)
the National Health Service Commissioning Board,

(b)
commissioning consortia,

(c)
local authorities.

(12)
Information received by a local authority by virtue of this section may be

used by it only for the purposes of functions exercisable by it in relation

to the health service.

(13)
In this section, “local authority” has the same meaning as in section 2B.”

(9)
Until the commencement of section 29, section 269(11) of the National Health

Service Act 2006 has effect as if Primary Care Trusts were included in the list of

bodies that are relevant bodies for the purposes of that section.’.

Provision of information by Registrar General for health service purposes

Mr Simon Burns

NC23


To move the following Clause:—

‘(1)
Section 270 of the National Health Service Act 2006 (provision of information by

Registrar General) is amended as follows.

(2)
In subsection (1) —

(a)
for “the Secretary of State” substitute “any of the following persons”, and

(b)
at the end insert “—

(a)
the Secretary of State,

(b)
the Board,

(c)
a commissioning consortium,

(d)
a local authority,

(e)
the National Institute for Health and Care Excellence,

Public Bill Committee: 29 March 2011
571

Health and Social Care Bill, continued

(f)
the Health and Social Care Information Centre,

(g)
a Special Health Authority which has functions that are

exercisable in relation to England,

(h)
the Care Quality Commission, and

(i)
such other persons as the Secretary of State may specify

in a direction.”

(3)
In subsection (2) —

(a)
for “the Secretary of State” substitute “the person to whom the

information is provided”, and

(b)
for “his functions” substitute “functions exercisable by the person”.

(4)
After subsection (4) insert—

“(5)
In this section, “local authority” has the same meaning as in section

2B.”’.

Provision of information by Registrar General for health service purposes: Wales

Mr Simon Burns

NC24


To move the following Clause:—

‘(1)
Section 201 of the National Health Service (Wales) Act 2006 (provision of

information by Registrar General) is amended as follows.

(2)
In subsection (1) —

(a)
for “the Welsh Ministers” substitute “any of the following persons”, and

(b)
at the end insert “—

(a)
the Welsh Ministers,

(b)
a Special Health Authority which has functions that are

exercisable in relation to Wales,

(c)
a Local Health Board,

(d)
an NHS trust established under section 18, and

(e)
such other persons as the Welsh Ministers may specify

in a direction.”

(3)
In subsection (2) —

(a)
for “the Welsh Ministers” substitute “the person to whom the information

is provided”, and

(b)
for “their functions” substitute “functions exercisable by the person”.’.

Provision of statistical information by Statistics Board for health service purposes

Mr Simon Burns

NC25


To move the following Clause:—

Public Bill Committee: 29 March 2011
572

Health and Social Care Bill, continued

‘(1)
Section 42 of the Statistics and Registration Service Act 2007 (information

relating to births and deaths etc) is amended as follows.

(2)
For subsection (4) substitute—

“(4)
The Board may disclose to a person mentioned in subsection (4A) any

information referred to in subsection (2)(a) to (c) which is received by the

Board under this section, or any information which is produced by the

Board by analysing any such information, if—

(a)
the information consists of statistics and is disclosed for the

purpose of assisting the person in the performance of functions

exercisable by it in relation to the health service, or

(b)
the information is disclosed for the purpose of assisting the

person to produce or to analyse statistics for the purpose of

assisting the person, or any other person mentioned in subsection

(4A), in the performance of functions exercisable by it in relation

to the health service.

(4A)
Those persons are—

(a)
the Secretary of State,

(b)
the Welsh Ministers,

(c)
the National Health Service Commissioning Board,

(d)
a commissioning consortium,

(e)
a local authority,

(f)
a Local Health Board,

(g)
an NHS trust established under section 18 of the National Health

Service (Wales) Act 2006,

(h)
the National Institute for Health and Care Excellence,

(i)
the Health and Social Care Information Centre,

(j)
a Special Health Authority,

(k)
the Care Quality Commission, and

(l)
such other persons as the appropriate authority may specify in a

direction given for the purposes of this section.

(4B)
For the purposes of subsection (4A)(l), the appropriate authority is—

(a)
in relation to a direction to be given for purposes relating only to

Wales, the Welsh Ministers, and

(b)
in any other case, the Secretary of State.”

(3)
After subsection (5) insert—

“(5A)
A direction under subsection (4A)(l) must be given by an instrument in

writing.

(5B)
Sections 272(7) and 273(1) of the National Health Service Act 2006

apply in relation to the power of the Secretary of State to give a direction

under subsection (4A)(l) as they apply in relation to powers to give a

direction under that Act.

(5C)
Sections 203(9) and 204(1) of the National Health Service (Wales) Act

2006 apply in relation to the power of the Welsh Ministers to give a

direction under subsection (4A)(l) as they apply in relation to powers to

give a direction under that Act.”

(4)
After subsection (6) insert—

“(7)
In subsection (4A)—

Public Bill Committee: 29 March 2011
573

Health and Social Care Bill, continued

“commissioning consortium” and “Special Health Authority” have the

same meaning as in the National Health Service Act 2006;

“local authority” has the same meaning as in section 2B of that Act of

2006.”’.

Public Health England

Emily Thornberry

NC1

To move the following Clause:—

‘(1)
After section 1C of the National Health Service Act 2006 insert—

“Public Health England

1D
Public Health England and its functions

(1)
There is a body to be known as Public Health England (“PHE”).

(2)
The PHE shall exercise such functions of the Secretary of State under this

Act as may be prescribed.

(3)
The Secretary of State may make regulations in relation to PHE about—

(a)
its status;

(b)
its membership and its members;

(c)
its staff;

(d)
committees, procedures and exercise of functions;

(e)
provision of information;

(f)
accounts; and

(g)
its seal and evidence.

(4)
The Secretary of State may by regulations prescribe health-related

functions of the Secretary of State (other than functions under the

National Health Service Act 2006) which are to be exercisable by Public

Health England.

(5)
In subsection (4), “health-related functions” means functions related

either directly or indirectly to the health of the public.’.

Chief social worker

Emily Thornberry

NC5

To move the following Clause:—

‘There will be a Chief Social Worker—

(a)
to report to and advise Ministers,

Public Bill Committee: 29 March 2011
574

Health and Social Care Bill, continued

(b)
to make an annual report to Parliament on the state of social work in

England,

(c)
to work in close co-operation with the College of Social Work, the Social

Work and Health Professions Council, the Professional Standards

Authority for Health and Social Care, the National Institute for Health

and Care Excellence, inspectors and employers.’.

College of social work

Emily Thornberry

NC6

To move the following Clause:—

‘(1)
There will be statutory guidance and regulation to ensure that Government and

Local Government, the Chief Social Worker, the Social Work and Health

Professions Council, inspectors and employers consult with and respond to the

advice offered by the College of Social Work.

(2)
The statutory entitlements of the College of Social Work will be dependent on its

ability to demonstrate every four years that it has 51 per cent. of registered social

workers in membership; if it fails to do so its statutory role will be suspended for

12 months and thereafter indefinitely until this can be rectified.’.

Care standards

Emily Thornberry

NC15

To move the following Clause:—

‘In section 61 of the Care Standards Act 2000, after subsection (1) insert—

“(2)

(a)
Any organisation which employs individuals to undertake the

functions and roles of a social worker must ensure that any

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.”’.

Northern Ireland Assembly and Legislative Consent

Jim Shannon

NC17

To move the following Clause:—

Public Bill Committee: 29 March 2011
575

Health and Social Care Bill, continued

‘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.”’.

Assessed and supported year in employment for newly qualified social workers

Emily Thornberry

Derek Twigg

Liz Kendall

NC18

To move the following Clause:—

‘In section 60 of the Health Act 1999 (regulation of health care professions etc.),

in subsection (1), after paragraph (e) insert—

“(ea)
introducing a class of provisional registration to support a

requirement for persons who are newly qualified social workers

to complete an assessed and supported year in employment.”’.

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.

Public Bill Committee: 29 March 2011
576

Health and Social Care Bill, continued

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.

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—



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