House of Commons Public Bill Committee Proceedings

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 31 March 2011
142

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  704

Schedule  18,  page  337,  line  34,  at end insert—

‘National Assembly for Wales (Disqualification) Order 2010 (S.I. 2010/2969)


In Part 1 of the Schedule to the National Assembly for Wales

(Disqualification) Order 2010 (bodies of which the members are disqualified),

at the appropriate place insert—


“Health and Social Care Information Centre;”.’.

Schedule, as amended, Agreed to.

Clauses 258 and 259 Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Not selected  654

Page  207,  line  1,  leave out Clause 260.

Clause Agreed to.

Schedule 19 Agreed to.

Clause 261 Agreed to on division.

Clauses 262 and 263 Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Withdrawn  726

Clause  264,  page  209,  line  25,  at end insert—

‘(3A)
Nothing in this section shall have the effect of rendering lawful any exchange of

information currently prohibited under existing law.’.

Clause Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  727

Clause  265,  page  210,  line  9,  at end insert—

‘(3A)
Nothing in this section shall have the effect of rendering lawful any exchange of

information currently prohibited under existing law.’.

Public Bill Committee Proceedings: 31 March 2011
143

Health and Social Care Bill, continued

Clause Agreed to.

Emily Thornberry

Derek Twigg

Liz Kendall

Not called  728

Clause  266,  page  211,  line  9,  at end add—

‘(9)
Nothing in this section shall have the effect of rendering lawful any exchange of

information currently prohibited under existing law.’.

Clause Agreed to.

Clauses 267 and 268 Agreed to.

Mr Simon Burns

Agreed to  705

Clause  269,  page  212,  line  29,  at end insert—

‘ “Northern Ireland health service” means any of the health services under

any enactment which extends to Northern Ireland and which corresponds

to section 1(1) of the National Health Service Act 2006 (and, for that

purpose, “enactment” includes subordinate legislation (within the

meaning of the Interpretation Act 1978) and Northern Ireland

legislation), and’.

Clause, as amended, Agreed to.

Clauses 270 and 271 Agreed to.

Mr Simon Burns

Agreed to  734

Schedule  20,  page  341,  line  5,  at end insert—

      ‘()
In subsection (1), in paragraph (b) for “(q)” substitute “(s)”.’.

Mr Simon Burns

Agreed to  735

Schedule  20,  page  342,  line  42,  after ‘subsection (4)’ insert ‘—

(a)
after paragraph (f) insert—

“(fa)
a Special Health Board constituted under that

section,”, and

(b)
’.

Mr Simon Burns

Agreed to  736

Schedule  20,  page  343,  line  4,  after ‘(f),’ insert ‘(fa),’.

Public Bill Committee Proceedings: 31 March 2011
144

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  737

Schedule  20,  page  343,  line  21,  at beginning insert—

    ‘(1)
Section 67 (effect of intervention orders) is amended as follows.’.

Mr Simon Burns

Agreed to  738

Schedule  20,  page  343,  line  27,  at end insert—

    ‘(3)
In subsection (7)(a) omit “(or in the case of an NHS trust to the membership of

its board of directors)”.’.

Mr Simon Burns

Agreed to  739

Schedule  20,  page  343,  line  36,  leave out paragraph (a) and insert—

‘( )
in paragraph (c) after “NHS trusts” insert “established under section

25”, and’.

Mr Simon Burns

Agreed to  740

Schedule  20,  page  344,  line  3,  at end insert—

‘( )
after paragraph (f) insert—

“(fa)
a Special Health Board constituted under that

section,”,’.

Mr Simon Burns

Agreed to  741

Schedule  20,  page  344,  line  11,  after ‘(f),’ insert ‘(fa),’.

Mr Simon Burns

Agreed to  742

Schedule  20,  page  344,  line  34,  leave out paragraph (iv) and insert—

‘(iv)
for “section 24 of the National Health Service Act 2006 (c.

41)” substitute “the preparation of joint health and wellbeing

strategies under section 116A of the Local Government and

Public Involvement in Health Act 2007”, and’.

Mr Simon Burns

Agreed to  743

Schedule  20,  page  344,  line  41,  leave out paragraph (iv) and insert—

‘(iv)
for “section 24 of the National Health Service Act 2006 (c.

41)” substitute “joint health and wellbeing strategies under

section 116A of the Local Government and Public

Involvement in Health Act 2007”.’.

Mr Simon Burns

Agreed to  744

Schedule  20,  page  347,  line  10,  at end insert—

‘( )
after “exercisable by” insert “the National Health Service

Commissioning Board,”,

( )
after “a” insert “commissioning consortium,”,’.

Public Bill Committee Proceedings: 31 March 2011
145

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to  745

Schedule  20,  page  348,  line  42,  at end insert—

‘( )
in sub-paragraph (h) after paragraph (i) insert—

“(ia)
Special Health Boards;”,’.

Mr Simon Burns

Agreed to  746

Schedule  20,  page  349,  leave out lines 18 to 20.

Mr Simon Burns

Agreed to  747

Schedule  20,  page  349,  line  25,  leave out ‘(gg)’ and insert ‘(gf)’.

Schedule, as amended, Agreed to.

Clauses 272 and 273 Agreed to.

Mr Simon Burns

Agreed to  706

Clause  274,  page  215,  line  11,  after ‘body’ insert ‘or other person’.

Mr Simon Burns

Agreed to  707

Clause  274,  page  215,  line  12,  after ‘body’ insert ‘or other person’.

Mr Simon Burns

Agreed to  708

Clause  274,  page  215,  line  15,  after ‘body’ insert ‘or other person’.

Mr Simon Burns

Agreed to  709

Clause  274,  page  215,  line  17,  after ‘body’ insert ‘or other person’.

Mr Simon Burns

Agreed to  710

Clause  274,  page  215,  line  19,  after ‘body’ insert ‘or other person’.

Mr Simon Burns

Agreed to  711

Clause  274,  page  216,  line  1,  at end insert—

‘ “public authority” means any body or other person which has functions

conferred by or under an Act or by royal charter.’.

Clause, as amended, Agreed to on division.

Public Bill Committee Proceedings: 31 March 2011
146

Health and Social Care Bill, continued

Derek Twigg

Withdrawn  725

Schedule  21,  page  350,  leave out lines 5 to 7.

Mr Simon Burns

Agreed to  748

Schedule  21,  page  351,  line  6,  column 2 at end insert—

‘A Special Health Authority’.

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  749

Schedule  22,  page  352,  line  35,  column 2 at end insert—

‘A Special Health Authority’.

Schedule, as amended, Agreed to.

Clause 275 Agreed to.

Mr Simon Burns

Agreed to  712

Clause  276,  page  217,  line  8,  leave out from ‘amend’ to end of line 9 and insert ‘,

repeal, revoke or otherwise modify any enactment’.

Mr Simon Burns

Agreed to  713

Clause  276,  page  217,  line  12,  leave out subsection (3).

Mr Simon Burns

Agreed to  714

Clause  276,  page  217,  line  24,  leave out paragraphs (c) to (e) and insert—

‘(c)
any other enactment.’.

Mr Simon Burns

Agreed to  715

Clause  276,  page  217,  line  27,  at end insert—

‘( )
Before making an order under this section that contains provision which would,

if included in an Act of the Scottish Parliament, fall within the legislative

competence of that Parliament, the Secretary of State must consult the Scottish

Ministers.’.

Mr Simon Burns

Agreed to  716

Clause  276,  page  217,  line  30,  leave out subsection (6) and add—

Public Bill Committee Proceedings: 31 March 2011
147

Health and Social Care Bill, continued

‘(6)
In this section, “enactment” includes—

(a)
an enactment contained in subordinate legislation (within the meaning of

the Interpretation Act 1978), and

(b)
an enactment contained in, or in an instrument made under, an Act of the

Scottish Parliament, an Act or Measure of the National Assembly for

Wales or Northern Ireland legislation,


and references to an enactment include a reference to an enactment passed or

made after the passing of this Act.’.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  729

Clause  277,  page  217,  line  35,  after ‘State’, insert ‘, the Welsh Ministers’.

Mr Simon Burns

Agreed to  717

Clause  277,  page  218,  line  28,  leave out from ‘276’ to end of line 29 and insert

‘(consequential provision) which includes provision that amends or repeals a provision of

an Act of Parliament’.

Mr Simon Burns

Agreed to  730

Clause  277,  page  218,  line  38,  at end insert ‘, the Welsh Ministers’.

Mr Simon Burns

Agreed to  607

Clause  277,  page  219,  line  15,  leave out ‘or by virtue of’.

Clause, as amended, Agreed to.

Clause 278 Agreed to.

Mr Simon Burns

Agreed to  718

Clause  279,  page  219,  line  33,  leave out from ‘as’ to end of line 34 and insert ‘is

necessary for enabling the exercise on or after the day on which this Act is passed of any

power to make an order or regulations or to give directions that is conferred by the

provision or an amendment made by it.’

Mr Simon Burns

Agreed to  731

Clause  279,  page  219,  line  36,  at end insert—

‘(2A)
Sections (Fluoridation of water supplies) to (Fluoridation of water supplies:

transitional provision) come into force on such day as the appropriate authority

may by order appoint.

(2B)
In subsection (2A) “the appropriate authority” means—

Public Bill Committee Proceedings: 31 March 2011
148

Health and Social Care Bill, continued

(a)
in relation to England, the Secretary of State;

(b)
in relation to Wales, the Welsh Ministers.’.

Mr Simon Burns

Agreed to  732

Clause  279,  page  219,  line  39,  after ‘subsection’, insert ‘(2A) or’.

Mr Simon Burns

Agreed to  733

Clause  279,  page  219,  line  41,  after ‘subsection’, insert ‘(2A) or’.

Mr Simon Burns

Agreed to  719

Clause  279,  page  220,  line  1,  leave out paragraphs (b) to (d) and insert—

‘(b)
any other enactment (within the meaning of section 276).’.

Clause, as amended, Agreed to on division.

Mr Simon Burns

Agreed to  608

Clause  280,  page  220,  line  16,  after ‘sections’, insert ‘46(1) and (3)’,.

Mr Simon Burns

Agreed to  720

Clause  280,  page  220,  line  17,  leave out paragraph (b).

Mr Simon Burns

Agreed to  721

Clause  280,  page  220,  line  17,  at end insert—

‘( )
section 135(2) and paragraph 1 of Schedule 11 (references to Monitor in

instruments etc.);’.

Mr Simon Burns

Agreed to  722

Clause  280,  page  220,  line  21,  leave out ‘214(2) to (4) and (6)’ and insert ‘214(1)

to (4) and (6) and paragraphs 48 and 55 of Schedule 14’.

Mr Simon Burns

Agreed to  609

Clause  280,  page  220,  line  23,  at end insert—

‘( )
section 259(1) and (3) and Part 2 of Schedule 19 (abolition of the

Appointments Commission),’.

Mr Simon Burns

Agreed to  610

Clause  280,  page  220,  line  23,  at end insert—

‘( )
sections 274 and 275 (transfer schemes) insofar as they confer powers in

connection with the abolition of the Health Protection Agency;’.



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