Session 2010 - 11
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Public Bill Committee: 31 March 2011                  

619

 

Health and Social Care Bill, continued

 
 

(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,

 

(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.’.

 



 
 

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Health and Social Care Bill, continued

 
 

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:—

 

‘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—


 
 

Public Bill Committee: 31 March 2011                  

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Health and Social Care Bill, continued

 
 

“(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.

 

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.


 
 

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Health and Social Care Bill, continued

 
 

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—

 

“(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.


 
 

Public Bill Committee: 31 March 2011                  

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Health and Social Care Bill, continued

 
 

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:—

 

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.


 
 

Public Bill Committee: 31 March 2011                  

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Health and Social Care Bill, continued

 
 

      (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

 

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.’.

 



 
 

Public Bill Committee: 31 March 2011                  

625

 

Health and Social Care Bill, continued

 
 

Mr Simon Burns

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

 

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;

 

(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;


 
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