Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 31 March 2011

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Health and Social Care Bill, continued

88L	Decisions on variation or termination proposal

(1)	This section applies where—

(a)	a variation or termination proposal is made,

(b)	the Secretary of State is of the opinion that the arrangements

which would result from implementing the proposal would be

operable and efficient or (as the case may be) that it would be

reasonably practicable to terminate the arrangements,

(c)	in a case where the duty in section 88K(3) applies, the conditions

prescribed under subsection (6)(b) of that section are satisfied,

and

(d)	the proposer wishes to take further steps in relation to the

proposal.

(2)	The proposer must comply with such requirements as may be prescribed

in regulations made by the Secretary of State as to the steps to be taken

for the purposes of consulting and ascertaining opinion in relation to the

proposal.

(3)	The Secretary of State may by regulations provide that the duty in

subsection (2) does not apply in prescribed circumstances.

(4)	The duty in subsection (2) does not apply in relation to a termination

proposal if the Secretary of State so directs by an instrument in writing

(and such a direction may apply generally or in relation to a particular

termination proposal).

(5)	The proposer of a variation proposal may (after any requirements

imposed by regulations under subsection (2) have been complied with)

modify the proposal.

(6)	But, except in circumstances prescribed in regulations by the Secretary

of State, the proposal may not be modified so as to propose the extension

of the boundary of the area specified in the arrangements or, if the

proposal is that the arrangements be varied so as to extend the boundary,

may not be modified so as to propose a further extension of it.

(7)	The proposer must (after any requirements imposed by regulations under

subsection (2) have been complied with) decide whether to request the

Secretary of State to request the water undertaker to vary the

arrangements or (as the case may be) to give notice under section 87C(7)

to the water undertaker to terminate the arrangements.

(8)	The Secretary of State may by regulations may make provision—

(a)	as to factors which the proposer must or may take into account in

making the decision mentioned in subsection (7);

(b)	as to the procedure to be followed by the proposer in exercising

functions under or by virtue of subsection (2) or (7).

88M	Decision-making procedure: exercise of functions by committee

(1)	This section applies in relation to the exercise of functions under or by

virtue of section 88L(2) to (7) (“the relevant functions”) except where the

proposer is a single local authority and either—

(a)	no other local authorities are affected by the proposal, or

(b)	no other local authority which is affected by the proposal informs

the proposer that it wishes to participate in the exercise of the

functions.

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Health and Social Care Bill, continued

(2)	The local authorities affected by the proposal must—

(a)	arrange for an existing joint committee of the authorities to

exercise the relevant functions,

(b)	establish a joint committee of the authorities for that purpose, or

(c)	arrange for the Health and Wellbeing Boards established by

them under section 178 of the Health and Social Care Act 2011

to exercise the relevant functions.

(3)	The Secretary of State may by regulations provide that the duty in

subsection (2) does not apply in prescribed circumstances.

(4)	The duty in subsection (2) does not apply in relation to a termination

proposal if the Secretary of State so directs by an instrument in writing

(and such a direction may apply generally or in relation to a particular

termination proposal).

(5)	Where arrangements are made under subsection (2)(c) the Health and

Wellbeing Boards in question must exercise the power conferred by

section 182(b) of the Health and Social Care Act 2011 to establish a joint

sub-committee of the Boards to exercise the relevant functions.

(6)	The Secretary of State may by regulations make provision—

(a)	for subsection (2)(a) to apply only in relation to a joint committee

which meets prescribed conditions as to its membership;

(b)	as to the membership of a joint committee established under

subsection (2)(b) (including provision as to qualification and

disqualification for membership and the holding and vacating of

office as a member);

(c)	as to the membership of a joint sub-committee of Health and

Wellbeing Boards established in accordance with subsection (5);

(d)	as to the procedure to be followed by any joint committee, or any

joint sub-committee of Health and Wellbeing Boards, in

exercising the relevant functions.

88N	Secretary of State’s duty in relation to requests for variation or

termination

(1)	This section applies if (following the making of a variation or termination

proposal) the Secretary of State is requested—

(a)	to request a variation of arrangements entered into under section

87(1), or

(b)	(as the case may be) to give notice under section 87C(7) to a

water undertaker to terminate such arrangements.

(2)	The Secretary of State must comply with the request if satisfied that the

requirements imposed by sections 88I to 88M have been met in relation

to the proposal.

(3)	Subsection (2) does not require the Secretary of State to consider the

adequacy of any steps taken for the purposes of complying with any

requirement to consult or to ascertain opinion which is imposed under or

by virtue of section 88J(2) or (3), 88K(3) or 88L(2).

88O	Power to make regulations as to maintenance of section 87

arrangements

(1)	The Secretary of State may by regulations prescribe circumstances in

which arrangements must be made in accordance with the regulations—

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Health and Social Care Bill, continued

(a)	for consulting and ascertaining opinion on whether arrangements

under section 87(1) (“section 87(1) arrangements”) should be

maintained, and

(b)	for enabling authorities affected by section 87(1) arrangements

to decide whether to propose to the Secretary of State that they

be maintained.

(2)	The regulations must make provision requiring the Secretary of State to

give notice under section 87C(7) to a water undertaker to terminate

section 87(1) arrangements entered into by the undertaker if—

(a)	the outcome of arrangements made by virtue of subsection (1)(b)

is that the affected authorities decide not to propose that the

section 87(1) arrangements be maintained, and

(b)	the Secretary of State is satisfied that any requirements imposed

by regulations under subsection (1), as to the arrangements to be

made for the purposes mentioned in that subsection, have been

met.

(3)	Subsection (2)(b) does not require the Secretary of State to consider the

adequacy of any steps taken for the purposes of complying with any

requirement to consult or to ascertain opinion which is imposed by

regulations made under subsection (1).

(4)	The provision that may be made by regulations under subsection (1) (as

to the arrangements to be made for the purposes mentioned in that

subsection) includes provision corresponding, or similar, to any

requirements imposed by or under sections 88K to 88M.”’.

Fluoridation of water supplies: transitional provision

Mr Simon Burns

NC21

To move the following Clause:—

‘(1)	In relation to any time on or after the commencement of section (Fluoridation of

water supplies), any relevant arrangements which have effect immediately before

its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the

Water Industry Act 1991 as if they were arrangements entered into by the water

undertaker with the Secretary of State under section 87(1) of that Act.

(2)	In subsection (1) “relevant arrangements” means—

(a)	any arrangements entered into by a water undertaker with a Strategic

Health Authority under section 87(1) of the Water Industry Act 1991, and

(b)	any arrangements which are treated as arrangements falling within

paragraph (a) by virtue of section 91 of that Act (as it had effect

immediately before the commencement of this section).

(3)	In its application to arrangements which are treated by virtue of subsection (1) as

arrangements entered into by a water undertaker with the Secretary of State under

section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as

if for subsection (3) there were substituted—

“(3)	The amount to be paid by each of the affected local authorities is to be

determined by agreement between the local authorities.”.

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Health and Social Care Bill, continued

(4)	Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes)

ceases to have effect in relation to arrangements which are (by virtue of

subsection (1)) treated as if they were arrangements entered into by a water

undertaker with the Secretary of State under section 87(1) of that Act.’.

Special notices of births and deaths

Mr Simon Burns

NC22

To move the following Clause:—

‘(1)	Section 269 of the National Health Service Act 2006 (special notices of births and

deaths) is amended as follows.

(2)	For subsection (2) substitute—

“(2)	Each registrar of births and deaths must furnish to such relevant body or

bodies as may be determined in accordance with regulations the

particulars of such births or deaths entered in a register of births or deaths

kept for the registrar’s sub-district as may be prescribed.”

(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.”

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Health and Social Care Bill, continued

(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,

(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

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Health and Social Care Bill, continued

(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:—

‘(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

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Health and Social Care Bill, continued

(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)—

“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;

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