House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

59

House of Commons

Thursday 17 March 2011

Public Bill Committee Proceedings

Health and Social Care Bill

[Nineteenth and twentienth sittings]

Clause 54 Agreed to.

Mr Simon Burns

Agreed to  376

Clause  55,  page  64,  line  32,  after ‘period)’ insert ‘or under paragraph 17 of

Schedule 7 to this Act (accounts of NHS foundation trusts)’.

Clause, as amended, Agreed to.

Clause 56 Agreed to on division.

Liz Kendall

Derek Twigg

Emily Thornberry

Negatived on division  482

Clause  57,  page  66,  line  21,  leave out subsection (2).

Mr Simon Burns

Agreed to on division  377

Clause  57,  page  66,  line  22,  leave out paragraph (a).

Mr Simon Burns

Agreed to  378

Clause  57,  page  66,  line  25,  after ‘under’ insert ‘or by virtue of’.

Clause, as amended, Agreed to.

Clause 58 Agreed to on division.

Public Bill Committee Proceedings: 17 March 2011
60

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to on division  495

Clause  59,  page  67,  line  24,  at end insert ‘and that the failure is significant’.

Mr Simon Burns

Agreed to on division  496

Clause  59,  page  67,  line  26,  at end insert—

‘( )
But the Secretary of State may not give a direction under subsection (2) in relation

to the performance of functions in a particular case.’.

Mr Simon Burns

Agreed to on division  497

Clause  59,  page  67,  line  31,  at end insert—

‘( )
Where the Secretary of State exercises a power under subsection (2) or (3), the

Secretary of State must publish the reasons for doing so.’.

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  222

Clause  39,  page  54,  line  44,  leave out ‘an NHS body’ and insert ‘a body within

subsection (1A)(a) to (c)’.

Mr Simon Burns

Agreed to  223

Clause  39,  page  55,  line  11,  leave out ‘(1A)(b)’ and insert ‘(1A)(d)’.

Mr Simon Burns

Agreed to  224

Clause  39,  page  55,  line  15,  leave out ‘(1A)(b)’ and insert ‘(1A)(d)’.

Clause, as amended, Agreed to.

Clause 45 Agreed to.

Mr Simon Burns

Agreed to  225

Schedule  4,  page  238,  line  3,  at end insert—

‘
Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts).’.

Mr Simon Burns

Agreed to  494

Schedule  4,  page  238,  line  25,  at end insert—

    ‘( )
In subsection (2A), in paragraph (b) for “paragraphs (a) to (h)” substitute

“paragraphs (za) to (h)”.’.

Public Bill Committee Proceedings: 17 March 2011
61

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  226

Schedule  4,  page  239,  line  23,  at end insert—

‘
In section 78 (directed partnership agreements), in subsection (3)—

(a)
omit paragraph (a), and

(b)
omit paragraph (b).’.

Mr Simon Burns

Agreed to  227

Schedule  4,  page  239,  leave out lines 38 to 41 and insert—

‘(a)
any facilities the provision of which is arranged by the Board

or (as the case may be) the consortium under this Act,

(b)
any facilities of the Board or (as the case may be) the

consortium, and

(c)
the services of persons employed by the Board or (as the case

may be) the consortium.’.

Mr Simon Burns

Agreed to  228

Schedule  4,  page  239,  line  41,  at end insert—

      ‘()
In subsection (4) after “carry out” insert “, and the Board or a commissioning

consortium may arrange for the carrying out of,”.’.

Mr Simon Burns

Agreed to  229

Schedule  4,  page  240,  line  16,  at end insert ‘and

( )
any facilities of the Board or (as the case may be) the consortium,’.

Mr Simon Burns

Agreed to  230

Schedule  4,  page  240,  line  21,  at end insert—

‘( )
at the end of paragraph (c) insert “or”, and’.

Mr Simon Burns

Agreed to  231

Schedule  4,  page  240,  line  22,  at end insert ‘and the word “or” immediately

preceding it’.

Mr Simon Burns

Agreed to  232

Schedule  4,  page  240,  line  29,  at end insert—

‘(9)
The Board or a commissioning consortium may arrange to make

available to local authorities the services of persons providing services

pursuant to arrangements made under this Act by the Board or (as the

case may be) the consortium, so far as is reasonably necessary and

practicable to enable local authorities to discharge their functions

relating to social services, education and public health.’.

Mr Simon Burns

Agreed to  233

Schedule  4,  page  240,  line  40,  at end insert ‘and,

Public Bill Committee Proceedings: 17 March 2011
62

Health and Social Care Bill, continued

( )
in paragraph (b) at the beginning insert “where the person is the

Secretary of State and is not the officer’s employer,”.’.

Mr Simon Burns

Agreed to  234

Schedule  4,  page  247,  line  5,  at end insert—

‘( )
subsection (7)(a) and (b).’.

Mr Simon Burns

Agreed to  235

Schedule  4,  page  256,  line  4,  leave out paragraph 101.

Mr Simon Burns

Agreed to  236

Schedule  4,  page  256,  line  13,  leave out paragraphs (b) to (g) and insert—

‘( )
in paragraph (a) after “(“NHS services”)” insert “or in arranging for

the provision of such services”,

( )
in paragraph (d) after “NHS services” insert “or with arranging for the

provision of such services”, and

( )
in paragraph (f) after “NHS services” insert “or with arranging for the

provision of such services”.’.

Mr Simon Burns

Agreed to  237

Schedule  4,  page  256,  line  23,  at end insert—

      ‘()
In subsection (2), for “section 28(6)” substitute “section 275(1)”.’.

Mr Simon Burns

Agreed to  238

Schedule  4,  page  256,  line  30,  leave out sub-paragraph (3) and insert—

      ‘()
After subsection (5) insert—

“(5A)
A “public health service contractor” means any person providing

services of any description under arrangements made in the exercise

of the public health functions of the Secretary of State or a local

authority.”’.

Mr Simon Burns

Agreed to  239

Schedule  4,  page  256,  line  36,  leave out sub-paragraphs (2) and (3) and insert—

      ‘()
In subsection (1)(a) after “health service provider” insert “, public health

service contractor”.

      ()
In subsection (3)(d) after “health service provider” insert “, public health

service contractor”.’.

Mr Simon Burns

Agreed to  240

Schedule  4,  page  256,  line  39,  at end insert—

‘
In section 201 (disclosure of information), in subsection (3)(a) for “any of the

Secretary of State’s functions” substitute “any of the functions of the Secretary

of State, the Board, a commissioning consortium or a local authority”.’.

Public Bill Committee Proceedings: 17 March 2011
63

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  241

Schedule  4,  page  256,  line  41,  leave out sub-paragraphs (2) and (3) and insert—

      ‘()
In subsection (1) after “health service provider” insert “, “public health service

contractor””.

      ()
In subsection (2)(a)—

(a)
after “in relation to” insert “the Secretary of State, local authorities,”,

and

(b)
after “health service providers” insert “, public health service

contractors.”.’.

Mr Simon Burns

Agreed to  242

Schedule  4,  page  257,  line  5,  at end insert—

‘   (1)
Section 211 (acquisition, use and maintenance of property) is amended as

follows.

      (2)
In subsection (4) for “A local social services authority” substitute “A local

authority”.

      (3)
After that subsection insert—

“(4A)
In subsection (4), “local authority” has the same meaning as in section

2B.”’.

Mr Simon Burns

Agreed to  243

Schedule  4,  page  257,  line  26,  after ‘appointed’ insert ‘under paragraph 10 of

Schedule 1A’.

Mr Simon Burns

Agreed to  244

Schedule  4,  page  259,  line  7,  at end insert—

‘
In section 234 (special arrangement as to payment of remuneration), omit

subsection (4).’.

Mr Simon Burns

Agreed to  245

Schedule  4,  page  259,  line  33,  at end insert—

‘   (1)
Section 242 (public involvement and consultation) is amended as follows.

      (2)
In subsection (1A)—

(a)
omit paragraph (a), and

(b)
omit paragraph (b).

      (3)
Omit subsections (4) and (5).’.

Mr Simon Burns

Agreed to  246

Schedule  4,  page  260,  line  15,  leave out paragraph 124 and insert—

‘   (1)
Section 258 (university clinical teaching and research) is amended as follows.

      (2)
In subsection (1)—

(a)
for “The Secretary of State must exercise his functions under this Act”

substitute “The functions under this Act of the Secretary of State, the

Board and each commissioning consortium must be exercised”, and

Public Bill Committee Proceedings: 17 March 2011
64

Health and Social Care Bill, continued

(b)
for “he” substitute “the Secretary of State, the Board or the consortium

(as the case may be)”.

      (3)
In subsection (2), in paragraph (a)—

(a)
after “exercisable by” insert “the Board,”,

(b)
after “a” insert “commissioning consortium,”,

(c)
omit “Strategic Health Authority,”, and

(d)
omit “Primary Care Trust,”.’.

Mr Simon Burns

Agreed to  247

Schedule  4,  page  260,  line  40,  leave out paragraph 127.

Mr Simon Burns

Agreed to  248

Schedule  4,  page  261,  line  4,  at end insert—

‘   (1)
Section 272 (orders, regulations, rules and directions) is amended as follows.

      (2)
In subsection (3) omit paragraph (d).

      (3)
In subsection (5) omit “a PCT order, or”.’.



Mr Simon Burns

Agreed to  249

Schedule  4,  page  261,  line  5,  leave out paragraph 128 and insert—

‘   (1)
Section 273 (further provision about orders and directions) is amended as

follows.

      (2)
In subsection (3) for “by a Strategic Health Authority” substitute “by the

Board”.

      (3)
In subsection (4)(c)(ii) omit “15,”.’.

Mr Simon Burns

Agreed to  250

Schedule  4,  page  261,  line  7,  leave out ‘275(1)’ and insert ‘275’.

Mr Simon Burns

Agreed to  251

Schedule  4,  page  261,  line  8,  at the beginning insert ‘In subsection (1),’.

Mr Simon Burns

Agreed to  252

Schedule  4,  page  261,  line  12,  at end insert—

      ‘()
In the definition of “health service hospital” omit “a Primary Care Trust,”.’.

Mr Simon Burns

Agreed to  253

Schedule  4,  page  261,  line  20,  at end insert—

      ‘()
In subsection (3)—

(a)
omit “or 15”,

(b)
omit “Strategic Health Authority,” (in both places where it occurs),

and

(c)
omit “Primary Care Trust or” (in both places where it occurs).’.

Public Bill Committee Proceedings: 17 March 2011
65

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  254

Schedule  4,  page  261,  line  23,  at end insert—

‘   (1)
Section 276 (index of defined expressions) is amended as follows.

      (2)
Omit the entry relating to “NHS body”.

      (3)
Omit the entry relating to “PCT order”.

      (4)
After the entry relating to “provider, in relation to an NHS contract” insert—

“public health functions
section 1(2B)(a)

of the Secretary of State

public health functions
section 1(2B)(b)”.’.

of local authorities

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  255

Schedule  5,  page  261,  line  25,  at end insert—

‘Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)


In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936

(definitions)—

(a)
in the definition of “voluntary hospital”, for “, NHS foundation trust

or a Primary Care Trust” substitute “or an NHS foundation trust”, and

(b)
omit the definition of “Primary Care Trust”.’.

Mr Simon Burns

Agreed to  256

Schedule  5,  page  261,  line  26,  at end insert—

‘
The National Assistance Act 1948 is amended as follows.’.

Mr Simon Burns

Agreed to  257

Schedule  5,  page  261,  line  32,  at end insert—

‘
In section 26 (provision of accommodation in premises maintained by

voluntary organisations), in subsection (1C)—

(a)
after “such” insert “commissioning consortium or”, and

(b)
omit “Primary Care Trust or”.’.

Mr Simon Burns

Agreed to  258

Schedule  5,  page  261,  line  32,  at end insert—

‘Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)


In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil

Interests) Act 1951 (capacities in respect of which payments under Part 5 of

the Act may be made, and paying authorities), in paragraph 15—



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