House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 31 March 2011
156

Health and Social Care Bill, continued

Complaints: general provisions

Mr Simon Burns

Agreed to  NC14

To move the following Clause:—

‘(1)
This section applies in relation to a complaint under section (Complaint about

grant of application for designation), (Complaint about refusal of application for

designation), (Complaint about grant of application for removal of designation)

or (Complaint about refusal of application for removal of designation).

(2)
The complaint must be made before the end of the period of 28 days beginning

with the day on which notice of the decision to which the complaint relates was

received.

(3)
No individual involved in the decision to which the complaint relates may be

involved in the reconsideration of the decision.

(4)
Monitor must give notice of its decision on the reconsideration to—

(a)
the commissioner who applied for the designation of the service or (as the

case may be) for the removal of the designation,

(b)
the provider of the designated service, and

(c)
where, in a case within section (Complaint about grant of application for

designation) or (Complaint about refusal of application for removal of

designation), the person who makes the complaint is the provider

mentioned in subsection (2)(b) of that section, that provider.

(5)
The grounds for an appeal against Monitor’s decision on the reconsideration are

that the decision was—

(a)
based on an error of fact,

(b)
wrong in law, or

(c)
unreasonable.

(6)
On the appeal, the First-tier Tribunal may confirm Monitor’s decision or direct

that it is not to have effect.’.

The national tariff: further provision

Mr Simon Burns

Agreed to  NC16

To move the following Clause:—

‘(1)
The ways in which a health care service may be specified in the national tariff

under section 104(1)(a) include in particular—

(a)
specifying it by reference to its components,

(b)
specifying it as a service (a “bundle”) that comprises two or more health

care services which together constitute a form of treatment,

(c)
specifying it as a service in a group of standardised services.

(2)
Where a service is specified in accordance with subsection (1)(a), the national

tariff must specify a national price for each component of the service.

(3)
Where a service is specified in accordance with subsection (1)(b), the national

tariff must specify a national price for the bundle.

(4)
Where a service is specified in accordance with subsection (1)(c), the national

tariff must specify a single price as the national price for each service in the group.

Public Bill Committee Proceedings: 31 March 2011
157

Health and Social Care Bill, continued

(5)
Neither a component specified in accordance with subsection (1)(a) nor a service

comprised in a bundle specified in accordance with subsection (1)(b) is to be

treated for the purposes of this Part as a service capable of being provided

separately for the purposes of the NHS except—

(a)
where the component, or the service comprised in the bundle, is specified

separately under subsection (1)(a) of section 104, or

(b)
in accordance with rules under subsection (2) of that section.’.

Fluoridation of water supplies

Mr Simon Burns

Agreed to  NC19

To move the following Clause:—

‘(1)
Chapter 4 of Part 3 of the Water Industry Act 1991 (fluoridation), as amended by

the Water Act 2003, is amended as follows.

(2)
In section 87 (fluoridation of water supplies at request of relevant authorities), in

subsection (3)(a) for sub-paragraph (i) substitute—

“(i)
in relation to areas in England, are to the Secretary of

State;”.

(3)
After subsection (3) of that section insert—

“(3A)
The Secretary of State may make a request under subsection (1) only if

the Secretary of State is required to do so by section 88G(2) (following

the making of a fluoridation proposal in accordance with section 88B).”

(4)
In subsection (4) of that section, for paragraph (a) substitute—

“(a)
in relation to England, such area as the Secretary of State

considers appropriate for the purpose of complying with section

88G(2);”.

(5)
After subsection (7) of that section insert—

“(7A)
The Secretary of State must, in relation to the terms to be included in any

arrangements under this section, consult any local authority whose area

includes, coincides with or is wholly or partly within the specified area.

(7B)
In this section and the following provisions of this Chapter “local

authority” means—

(a)
a county council in England;

(b)
a district council in England, other than a council for a district in

a county for which there is a county council;

(c)
a London borough council;

(d)
the Common Council of the City of London.”

(6)
After subsection (7B) of that section (as inserted by subsection (5) above)

insert—

“(7C)
If the Secretary of State and the Welsh Ministers request a particular

water undertaker to enter into arrangements in respect of adjoining

areas—

(a)
they must co-operate with each other so as to secure that the

arrangements (taken together) are operable and efficient; and

Public Bill Committee Proceedings: 31 March 2011
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Health and Social Care Bill, continued

(b)
if suitable terms are not agreed for all the arrangements, a

combined reference may be made by them under section 87B

below to enable the terms of each set of arrangements to be

determined so that they are consistent.

(7D)
If the Secretary of State requests a water undertaker to vary arrangements

for an area which adjoins an area in respect of which the Welsh Ministers

have made arrangements with the same water undertaker, the Secretary

of State must co-operate with the Welsh Ministers so as to secure that

following the variation the arrangements (taken together) will be

operable and efficient.

(7E)
If the Welsh Ministers request a water undertaker to vary arrangements

for an area which adjoins an area in respect of which the Secretary of

State has made arrangements with the same water undertaker, the Welsh

Ministers must co-operate with the Secretary of State so as to secure that

following the variation the arrangements (taken together) will be

operable and efficient.

(7F)
If suitable terms are not agreed for a variation to which subsection (7D)

or (7E) applies, a combined reference may be made by the Secretary of

State and the Welsh Ministers under section 87B below so that (following

the variation) both sets of arrangements are consistent.”

(7)
Omit subsections (8) to (10) of that section.

(8)
In subsection (11) of that section for “a relevant authority” substitute “the Welsh

Ministers”.

(9)
In section 87A (target concentration of fluoridation), after subsection (3) insert—

“(3A)
If the Secretary of State proposes to—

(a)
make arrangements which provide for the concentration in the

specified area (or any part of it) to be lower than the general

target concentration, or

(b)
vary existing arrangements so that they so provide,


the Secretary of State shall consult any local authority whose area

includes, coincides with or is wholly or partly within the specified area.”

(10)
In section 87B (fluoridation arrangements: determination of terms), in subsection

(2) —

(a)
for paragraph (a) substitute—

“(a)
the Secretary of State may—

(i)
determine the terms of the arrangements as the Secretary

of State sees fit; or

(ii)
refer the matter for determination by such other person

as the Secretary of State considers appropriate; and”,

and

(b)
omit paragraph (b).

(11)
In that section, in subsection (4) for the words from the beginning to “section

87(8)(b) or (10)” substitute “Where a combined reference is made under section

87(7C)(b) or 87(7F)”.

(12)
In section 87C (fluoridation arrangements: compliance), omit subsection (8).

(13)
In section 89—

(a)
in the heading, after “Consultation” insert “:Wales”,

(b)
in subsections (1) and (4) for “a relevant authority” substitute “the Welsh

Ministers”,

Public Bill Committee Proceedings: 31 March 2011
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Health and Social Care Bill, continued

(c)
in subsection (1) for “the appropriate authority” (in each place where it

occurs) substitute “the Welsh Ministers”,

(d)
in subsection (3), in paragraph (a) for “relevant authorities” substitute

“the Welsh Ministers”,

(e)
in subsection (4) for “the appropriate authority so directs” substitute “the

Welsh Ministers so direct”, and

(f)
omit subsection (5).

(14)
In section 90A (review of fluoridation) after subsection (5) insert—

“(5A)
The relevant authority must, in exercising its functions under subsection

(1)—

(a)
consult any local authority affected by the arrangements at such

times as the relevant authority considers appropriate, and

(b)
in particular, consult any such local authority before it publishes

a report under paragraph (b) of that subsection.”’.

Procedural requirements in connection with fluoridation of water supplies

Mr Simon Burns

Agreed to  NC20

To move the following Clause:—

‘After section 88A of the Water Industry Act 1991 insert—

“88B
Requirement for fluoridation proposal: England

(1)
The Secretary of State may not request a water undertaker to enter into

arrangements under section 87(1) unless a fluoridation proposal is made

to the Secretary of State.

(2)
A fluoridation proposal is a proposal that the Secretary of State enter into

arrangements with one or more water undertakers to increase the fluoride

content of the water supplied by the undertaker or undertakers to

premises within such area or areas in England as may be specified in the

proposal.

(3)
A fluoridation proposal may be made by one or more local authorities in

England.

(4)
A local authority may not make a fluoridation proposal unless its area

includes, coincides with or is wholly or partly within the area, or at least

one of the areas, specified in the proposal.

(5)
In the following provisions of this Chapter, “proposer”, in relation to a

fluoridation proposal, means the local authority or authorities which

made the proposal.

(6)
Any reference in the following provisions of this Chapter to a local

authority affected by a fluoridation proposal is a reference to a local

authority whose area includes, coincides with or is wholly or partly

within the area, or at least one of the areas, specified in the proposal.



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