House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

111

House of Commons

Thursday 24 March 2011

Public Bill Committee Proceedings

Health and Social Care Bill

[twenty third and twenty fourth sittings]

Mr Simon Burns

Agreed to  519

Clause  113,  page  102,  line  4,  after ‘of’ insert ‘, and Schedule 9 to,’.

Derek Twigg

Negatived on division  615

Clause  113,  page  102,  line  12,  at end insert ‘if Monitor so decides.’.

Emily Thornberry

Not selected  160

Clause  113,  page  102,  line  34,  at end insert—

‘(5A)
Schedule 9 makes provision for the transfer of employees.’.

Derek Twigg

Withdrawn  616

Clause  113,  page  102,  line  35,  leave out ‘Before’ and insert ‘Whilst’.

Derek Twigg

Not called  617

Clause  113,  page  102,  line  36,  after ‘must’, insert ‘have regard to the need for early

intervention procedures and’.

Mr Simon Burns

Agreed to  520

Clause  113,  page  102,  line  39,  at end insert—

‘( )
In section 57 of that Act (mergers etc: supplementary) (as amended by section

157 of this Act)—

(a)
in subsection (3)(a), for “the persons mentioned in section 54(4)”

substitute “another NHS foundation trust, an NHS trust or the Secretary

of State”,

(b)
omit subsection (3)(b), and

(c)
in subsection (4), for “any of the bodies mentioned in section 54(4)(a) or

(c)” substitute “another NHS foundation trust or an NHS trust”.

Public Bill Committee Proceedings: 24 March 2011
112

Health and Social Care Bill, continued

( )
In section 64 of that Act (procedure for orders and regulations under Chapter 5 of

Part 2 of that Act) (as amended by section 157 of this Act), in subsection (4), omit

paragraph (b).’.

Mr Simon Burns

Agreed to  521

Clause  113,  page  102,  line  43,  leave out subsection (4).

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  407

Clause  114,  page  103,  line  18,  leave out ‘designated’.

Mr Simon Burns

Agreed to  408

Clause  114,  page  103,  line  20,  after ‘imposed’ insert ‘in respect of that activity’.

Clause, as amended, Agreed to.

Derek Twigg

Withdrawn  618

Clause  115,  page  104,  line  21,  leave out ‘licence holder’ and insert ‘foundation

trust or the Secretary of State’.

Derek Twigg

Not called  619

Clause  115,  page  104,  line  24,  leave out ‘licence holders’ and insert ‘foundation

trusts or the Secretary of State’.

Clause Agreed to on division.

Clause 116 Agreed to on division.

Derek Twigg

Not called  620

Clause  117,  page  106,  line  15,  leave out ‘to another licence holder’ and insert ‘to

either another NHS foundation trust or the Secretary of State’.

Derek Twigg

Not called  621

Clause  117,  page  106,  line  19,  at end insert ‘to another NHS foundation trust or the

Secretary of State’.

Public Bill Committee Proceedings: 24 March 2011
113

Health and Social Care Bill, continued

Emily Thornberry

Withdrawn  161

Clause  117,  page  106,  line  21,  at end insert—

‘(e)
for the transfer of staff from an NHS foundation trust or company subject

to a health special administration order to another licence holder.’.

Emily Thornberry

Not called  162

Clause  117,  page  106,  line  21,  at end insert—

‘(4)
Any regulations made under this section for staff transfer schemes shall make

provision which is the same or similar to the TUPE regulations.

(5)
In this section, “TUPE regulations” means the Transfer of Undertakings

(Protection of Employment) Regulations 2006 (S2006/246).’.

Clause Agreed to.

Clauses 118 to 127 Agreed to.

Mr Simon Burns

Agreed to  410

Clause  128,  page  112,  line  35,  leave out ‘and 5(6)’ and insert ‘, 5(6) and 6(6)’.

Mr Simon Burns

Agreed to  411

Clause  128,  page  112,  line  38,  leave out paragraph (b).

Clause, as amended, Agreed to.

Derek Twigg

Withdrawn  622

Clause  129,  page  113,  line  35,  leave out ‘a financial year’ and insert ‘the two

financial years immediately’.

Clause Agreed to.

Mr Simon Burns

Agreed to  413

Clause  130,  page  114,  line  33,  leave out ‘in its opinion’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 24 March 2011
114

Health and Social Care Bill, continued

Clauses 131 and 132 Agreed to.

Mr Simon Burns

Agreed to  414

Clause  133,  page  116,  line  27,  at end insert—

‘( )
This section is subject to paragraph 4(3) of Schedule 7 (delivery of notice from

Secretary of State of suspension of non-executive member of Monitor).’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  468

Clause  134,  page  116,  line  34,  after ‘Monitor’, insert ‘or the Competition

Commission’.

Mr Simon Burns

Agreed to  469

Clause  134,  page  116,  line  36,  after ‘Monitor’, insert ‘or (as the case may be) the

Commission’.

Mr Simon Burns

Agreed to  470

Clause  134,  page  116,  line  41,  after first ‘Monitor’, insert ‘or the Competition

Commission’.

Mr Simon Burns

Agreed to  471

Clause  134,  page  116,  line  44,  after ‘Monitor’, insert ‘or (as the case may be) the

Competition Commission’.

Clause, as amended, Agreed to.

Clause 135 Agreed to.

Schedule 11 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  639

Clause  136,  page  117,  line  28,  at end insert ‘and instead insert—

    “(3)
At least one member of the council must be appointed by a Commissioning

Consortium for which the corporation provides goods or services.

Public Bill Committee Proceedings: 24 March 2011
115

Health and Social Care Bill, continued

    (3A)
At least one member of the council must be appointed by the appropriate local

Health and Wellbeing Board.”.’.

Emily Thornberry

Not called  163

Clause  136,  page  117,  line  40,  at end insert—

‘(c)
to consult with the staff of the NHS foundation trust and their

representatives on transfers of staff, implementation of new contracts or

other changes that could affect working practices.’.

Liz Kendall

Derek Twigg

Emily Thornberry

Negatived on division  640

Clause  136,  page  118,  line  4,  at end insert—

‘(2)
The Care Quality Commission must make provisions to ensure that the governors

of a public benefit corporation are equipped with the skills and knowledge they

require in their capacity as such.’.

Mr Simon Burns

Agreed to  522

Clause  136,  page  118,  line  10,  at end insert—

‘( )
In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor

by governors), in sub-paragraph (c), for “the regulator” substitute “the Secretary

of State”.’.

Mr Simon Burns

Agreed to  523

Clause  136,  page  118,  line  17,  after ‘33(4)(a)’ insert ‘(in each place it appears)’.

Mr Simon Burns

Agreed to  524

Clause  136,  page  118,  line  19,  after ‘in’ insert ‘section 60(2) and (3) and’.

Clause, as amended, Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  642

Clause  137,  page  118,  line  32,  after ‘maximise the’, insert ‘health and other’.

Emily Thornberry

Not called  164

Clause  137,  page  118,  line  33,  at end insert ‘The board of directors must consult

with the staff of the NHS foundation trust and their representatives on transfers of staff,

implementation of new contracts, or other changes that could affect working practices.’.

Public Bill Committee Proceedings: 24 March 2011
116

Health and Social Care Bill, continued

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  641

Clause  137,  page  119,  line  30,  at end insert—

‘18D (1)
The board of directors must meet in public.’.

Clause Agreed to.

Clause 138 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Withdrawn  643

Clause  139,  page  120,  line  11,  at end insert—

‘(1B)
If the public benefit corporation is an NHS foundation trust, it must keep separate

accounts for —

(a)
income derived from private charges, and

(b)
income derived from services provided for the purposes of the NHS.’.

Mr Simon Burns

Agreed to  575

Clause  139,  page  120,  line  29,  leave out from ‘paragraph’ to end of line 33 and

insert ‘, in paragraph (b)—

(a)
omit “once it has done so,”, and

(b)
at the end insert “within such period as the regulator may direct”.’.

Clause, as amended, Agreed to.

Clause 140 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  644

Clause  141,  page  121,  line  32,  at end insert—

‘(ad)
if the public benefit corporation is an NHS foundation trust—

(i)
a breakdown of the total income derived from private charges

and from services provided for the purposes of the NHS, and

(ii)
information on how the level of income derived from private

charges impacted the services provided for the purposes of the

NHS.’.

Public Bill Committee Proceedings: 24 March 2011
117

Health and Social Care Bill, continued

Liz Kendall

Derek Twigg

Emily Thornberry

Not called  645

Clause  141,  page  121,  line  37,  leave out subsection (3).

Clause Agreed to.

Clause 142 Agreed to.

Liz Kendall

Derek Twigg

Emily Thornberry

.  646

Page  122,  line  38,  leave out Clause 143.

Clause Agreed to on division.

Clauses 144 to 147 Agreed to.

Mr Simon Burns

Agreed to  525

Clause  148,  page  126,  line  20,  after ‘capital)’ insert ‘—

(a)
in subsection (2), at the end insert “; and the reference to section 40 is a

reference to that section as it had effect until the commencement of

section 148(2) of the Health and Social Care Act 2011 (which repealed

subsection (2) of that section)”, and

(b)
’.

Derek Twigg

Withdrawn  623

Clause  148,  page  127,  leave out line 26.

Clause, as amended, Agreed to.

Clause 149 Agreed to.

Derek Twigg

Negatived on division  624

Clause  150,  page  128,  leave out line 20.

Mr Simon Burns

Agreed to  526

Clause  150,  page  128,  line  25,  at end insert—



© Parliamentary copyright	Revised 25 March 2011