House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 March 2011
87

Health and Social Care Bill, continued

constitution),’ and insert—

‘     ()
Section 2 (duty to have regard to NHS constitution) is amended as follows.

      ()
In subsection (1), for “NHS functions” substitute “health service functions”.’.

Mr Simon Burns

Agreed to  334

Schedule  5,  page  273,  line  30,   at end insert—

‘(cc)
local authorities (within the meaning of section 2B of the

National Health Service Act 2006);”.’.

Mr Simon Burns

Agreed to  335

Schedule  5,  page  273,  line  30,   at end insert—

      ‘()
In subsection (3), for “an “NHS function”” substitute “a “health service

function””.

      ()
In subsection (4)—

(a)
before paragraph (a) insert—

“(za)
provides health services under arrangements made by

the National Health Service Commissioning Board or

a commissioning consortium under or by virtue of

section 3, 3A, 3B or 4 of, or Schedule 1 to, the

National Health Service Act 2006,”,

(b)
omit the word “or” at the end of paragraph (a), and

(c)
after paragraph (b) insert ‘, or

(c)
provides health services under arrangements made by

a local authority for the purposes of its functions

under or by virtue of section 2B or 6C(1) of, or

Schedule 1 to, that Act.”

      ()
In subsection (5) for “subsection (4)(a) or (b)” substitute “subsection (4)(za),

(a), (b) or (c)”.’.

Mr Simon Burns

Agreed to  336

Schedule  5,  page  273,  line  30,  at end insert—

‘   (1)
Section 3 (availability and review of NHS constitution) is amended as follows.

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

      (3)
Omit subsection (8).’.

Mr Simon Burns

Agreed to  337

Schedule  5,  page  273,  line  31,  leave out ‘In section 8 (duty of providers to publish

information),’ and insert—

‘     ()
Section 8 (duty of providers to publish information) is amended as follows.

      ()
In subsection (1) for “NHS services” (in each place where it occurs) substitute

“relevant health services”.

      ()
’.

Mr Simon Burns

Agreed to  338

Schedule  5,  page  273,  line  32,  at end insert—

      ‘()
In subsection (3) for paragraphs (a) to (c) substitute—

Public Bill Committee Proceedings: 17 March 2011
88

Health and Social Care Bill, continued

“(a)
provides health services as mentioned in section 2(4)(za) or

(a), or

(b)
in pursuance of a contract, agreement or arrangements as

mentioned in section 2(4)(za) or (a), makes arrangements for

another person to provide health services,”.

      ()
For subsection (6) substitute—

“(6)
In this section—

“health services” has the same meaning as in Chapter 1;

“relevant health services” means health services the provision of which

is arranged by the National Health Service Commissioning Board or a

commissioning consortium under or by virtue of section 3, 3A, 3B or

4 of, or Schedule 1 to, the National Health Service Act 2006 or under

or by virtue of Parts 4 to 7 of that Act.”’.

Mr Simon Burns

Agreed to  339

Schedule  5,  page  273,  line  32,  at end insert—

‘
In section 9 (supplementary provision about the duty to publish information),

in subsection (3), for “a Strategic Health Authority” substitute “Monitor”.’.

Mr Simon Burns

Agreed to  340

Schedule  5,  page  273,  line  34,  leave out paragraphs 77 and 78.

Mr Simon Burns

Agreed to  341

Schedule  5,  page  274,  line  3,  at end insert—

‘
The Equality Act 2010 is amended as follows.


In section 1 (public sector duty regarding socio-economic inequalities), in

subsection (3)—

(a)
omit paragraph (h), and

(b)
omit paragraph (i).’.

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  342

Schedule  6,  page  274,  line  33,  at end insert—

‘Directions under section 7 of the 2006 Act

1A  (1)
This paragraph applies if section 17 is commenced before section 29(1).

      (2)
Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if

after “Special Health Authority” there were inserted “or Primary Care Trust”.

      (3)
Sub-paragraph (4) applies in relation to any direction given under section 7(1)

of the 2006 Act to a Primary Care Trust which has effect immediately before

section 17 is commenced.

Public Bill Committee Proceedings: 17 March 2011
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Health and Social Care Bill, continued

      (4)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Primary Care Trust under section 7(1) of the 2006 Act (as it has

effect by virtue of sub-paragraph (2)).

      (5)
Sub-paragraph (6) applies in relation to any direction given under section 7(2)

of the 2006 Act to a Special Health Authority in respect of the functions of a

Primary Care Trust which has effect immediately before section 17 is

commenced.

      (6)
Until section 29(1) is commenced, the direction continues to have effect as if

given to the Special Health Authority in respect of the functions of the Primary

Care Trust under section 7(1) of the 2006 Act.

      (7)
Any reference in this paragraph to section 7(1) of the 2006 Act is a reference

to that provision as amended by section 17.

1B  (1)
Sub-paragraph (2) applies in relation to any direction given under section 7(1)

of the 2006 Act to a Special Health Authority which has effect immediately

before section 17 is commenced.

      (2)
The direction continues to have effect on and after the commencement of that

section as if given under section 7(1) of the 2006 Act (as amended by section

17).’.

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  343

Clause  46,  page  60,  line  5,  at end insert—

‘( )
Schedule Abolition of the Health Protection Agency: consequential amendments

(which makes amendments of other enactments in consequence of the provision

made by this section) has effect.’

Clause, as amended, Agreed to.

Clause 60 Agreed to on division.

Clause 61 Agreed to on division.

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  489

Clause  62,  page  68,  line  40,  leave out subsection (2).

Liz Kendall

Derek Twigg

Emily Thornberry

Agreed to  490

Clause  62,  page  69,  line  3,  leave out subsection (4).

Public Bill Committee Proceedings: 17 March 2011
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Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  379

Clause  62,  page  69,  line  16,  leave out ‘sections 60 and’ and insert ‘section’.

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  498

Clause  63,  page  69,  line  42,  at end insert—

‘(ba)
do not act in a manner that would (or would be likely to) prevent, restrict

or distort competition in the provision of health care services for those

purposes.’.

Mr Simon Burns

Liz Kendall

Derek Twigg

Emily Thornberry

Agreed to  499

Clause  63,  page  69,  line  43,  leave out paragraph (c).

Mr Simon Burns

Agreed to  380

Clause  63,  page  69,  line  45,  leave out ‘Subsection (1) applies’ and insert

‘Requirements imposed by regulations under this section apply’.

Liz Kendall

Derek Twigg

Emily Thornberry

Negatived on division  492

Clause  63,  page  70,  leave out line 3.

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  500

Clause  64,  page  70,  line  13,  at end insert—

‘(aa)
a power to investigate on its own initiative whether the National Health

Service Commissioning Board or a commissioning consortium has failed

to comply with a requirement imposed by virtue of section 63(1)(ba);’.

Mr Simon Burns

Agreed to  501

Clause  64,  page  70,  line  16,  after ‘(a)’ insert ‘or (aa)’.

Public Bill Committee Proceedings: 17 March 2011
91

Health and Social Care Bill, continued

Liz Kendall

Derek Twigg

Emily Thornberry

Negatived on division  493

Clause  64,  page  70,  leave out lines 23 to line 15 on page 71.

Mr Simon Burns

Agreed to  502

Clause  64,  page  70,  line  26,  leave out paragraph (b).

Mr Simon Burns

Agreed to  503

Clause  64,  page  70,  line  29,  leave out ‘powers conferred by virtue of subsection (3)

are’ and insert ‘power conferred by virtue of subsection (3) is’.

Clause, as amended, Agreed to on division.

Clause 65 Agreed to on division.

Clause 66 Agreed to on division.

Mr Simon Burns

Agreed to  381

Clause  67,  page  72,  line  43,  after ‘considers’ insert ‘would or’.

Clause, as amended, Agreed to on division.

Clause 68 Agreed to on division.

[Adjourned until Tuesday 22 March at 10.30 am



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