Session 2010 - 11
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 31 March 2011          

167

 

Health and Social Care Bill, continued

 
 

(b)    

for enabling authorities affected by section 87(1) arrangements

 

to decide whether to propose to the Secretary of State that they

 

be maintained.

 

(2)    

The regulations must make provision requiring the Secretary of State to

 

give notice under section 87C(7) to a water undertaker to terminate

 

section 87(1) arrangements entered into by the undertaker if—

 

(a)    

the outcome of arrangements made by virtue of subsection (1)(b)

 

is that the affected authorities decide not to propose that the

 

section 87(1) arrangements be maintained, and

 

(b)    

the Secretary of State is satisfied that any requirements imposed

 

by regulations under subsection (1), as to the arrangements to be

 

made for the purposes mentioned in that subsection, have been

 

met.

 

(3)    

Subsection (2)(b) does not require the Secretary of State to consider the

 

adequacy of any steps taken for the purposes of complying with any

 

requirement to consult or to ascertain opinion which is imposed by

 

regulations made under subsection (1).

 

(4)    

The provision that may be made by regulations under subsection (1) (as

 

to the arrangements to be made for the purposes mentioned in that

 

subsection) includes provision corresponding, or similar, to any

 

requirements imposed by or under sections 88K to 88M.”’.

 


 

Fluoridation of water supplies: transitional provision

 

Mr Simon Burns

 

Agreed to  NC21

 

To move the following Clause:—

 

‘(1)    

In relation to any time on or after the commencement of section (Fluoridation of

 

water supplies), any relevant arrangements which have effect immediately before

 

its commencement are to be treated for the purposes of Chapter 4 of Part 3 of the

 

Water Industry Act 1991 as if they were arrangements entered into by the water

 

undertaker with the Secretary of State under section 87(1) of that Act.

 

(2)    

In subsection (1) “relevant arrangements” means—

 

(a)    

any arrangements entered into by a water undertaker with a Strategic

 

Health Authority under section 87(1) of the Water Industry Act 1991, and

 

(b)    

any arrangements which are treated as arrangements falling within

 

paragraph (a) by virtue of section 91 of that Act (as it had effect

 

immediately before the commencement of this section).

 

(3)    

In its application to arrangements which are treated by virtue of subsection (1) as

 

arrangements entered into by a water undertaker with the Secretary of State under

 

section 87(1) of the Water Industry Act 1991, section 88H of that Act applies as

 

if for subsection (3) there were substituted—

 

“(3)    

The amount to be paid by each of the affected local authorities is to be

 

determined by agreement between the local authorities.”.

 

(4)    

Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes)

 

ceases to have effect in relation to arrangements which are (by virtue of


 
 

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Health and Social Care Bill, continued

 
 

subsection (1)) treated as if they were arrangements entered into by a water

 

undertaker with the Secretary of State under section 87(1) of that Act.’.

 


 

Special notices of births and deaths

 

Mr Simon Burns

 

Agreed to  NC22

 

To move the following Clause:—

 

‘(1)    

Section 269 of the National Health Service Act 2006 (special notices of births and

 

deaths) is amended as follows.

 

(2)    

For subsection (2) substitute—

 

“(2)    

Each registrar of births and deaths must furnish to such relevant body or

 

bodies as may be determined in accordance with regulations the

 

particulars of such births or deaths entered in a register of births or deaths

 

kept for the registrar’s sub-district as may be prescribed.”

 

(3)    

In subsection (4) for “the Primary Care Trust for the area in which the birth takes

 

place” substitute “such relevant body or bodies as may be determined in

 

accordance with regulations”.

 

(4)    

In subsection (6)—

 

(a)    

after “under subsection (4)” insert “to a relevant body”, and

 

(b)    

for “the Primary Care Trust” (in each place where it occurs) substitute

 

“the body”.

 

(5)    

In subsection (7)—

 

(a)    

for “A Primary Care Trust” substitute “A relevant body to whom notice

 

is required to be given under subsection (4)”, and

 

(b)    

for “any medical practitioner or midwife residing or practising within its

 

area” substitute “such descriptions of medical practitioners or midwives

 

as may be prescribed”.

 

(6)    

In subsection (9) for “the Primary Care Trust concerned” substitute “the relevant

 

body or bodies to whom the failure relates”.

 

(7)    

In subsection (10), in paragraph (a) for “a Primary Care Trust” substitute “a

 

relevant body”.

 

(8)    

After subsection (10) insert—

 

“(11)    

For the purposes of this section, the following are relevant bodies—

 

(a)    

the National Health Service Commissioning Board,

 

(b)    

commissioning consortia,

 

(c)    

local authorities.

 

(12)    

Information received by a local authority by virtue of this section may be

 

used by it only for the purposes of functions exercisable by it in relation

 

to the health service.

 

(13)    

In this section, “local authority” has the same meaning as in section 2B.”


 
 

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Health and Social Care Bill, continued

 
 

(9)    

Until the commencement of section 29, section 269(11) of the National Health

 

Service Act 2006 has effect as if Primary Care Trusts were included in the list of

 

bodies that are relevant bodies for the purposes of that section.’.

 


 

Provision of information by Registrar General for health service purposes

 

Mr Simon Burns

 

Agreed to  NC23

 

To move the following Clause:—

 

‘(1)    

Section 270 of the National Health Service Act 2006 (provision of information by

 

Registrar General) is amended as follows.

 

(2)    

In subsection (1) —

 

(a)    

for “the Secretary of State” substitute “any of the following persons”, and

 

(b)    

at the end insert “—

 

(a)    

the Secretary of State,

 

(b)    

the Board,

 

(c)    

a commissioning consortium,

 

(d)    

a local authority,

 

(e)    

the National Institute for Health and Care Excellence,

 

(f)    

the Health and Social Care Information Centre,

 

(g)    

a Special Health Authority which has functions that are

 

exercisable in relation to England,

 

(h)    

the Care Quality Commission, and

 

(i)    

such other persons as the Secretary of State may specify

 

in a direction.”

 

(3)    

In subsection (2) —

 

(a)    

for “the Secretary of State” substitute “the person to whom the

 

information is provided”, and

 

(b)    

for “his functions” substitute “functions exercisable by the person”.

 

(4)    

After subsection (4) insert—

 

“(5)    

In this section, “local authority” has the same meaning as in section

 

2B.”’.

 


 

Provision of information by Registrar General for health service purposes: Wales

 

Mr Simon Burns

 

Agreed to  NC24

 

To move the following Clause:—

 

‘(1)    

Section 201 of the National Health Service (Wales) Act 2006 (provision of

 

information by Registrar General) is amended as follows.

 

(2)    

In subsection (1) —

 

(a)    

for “the Welsh Ministers” substitute “any of the following persons”, and


 
 

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Health and Social Care Bill, continued

 
 

(b)    

at the end insert “—

 

(a)    

the Welsh Ministers,

 

(b)    

a Special Health Authority which has functions that are

 

exercisable in relation to Wales,

 

(c)    

a Local Health Board,

 

(d)    

an NHS trust established under section 18, and

 

(e)    

such other persons as the Welsh Ministers may specify

 

in a direction.”

 

(3)    

In subsection (2) —

 

(a)    

for “the Welsh Ministers” substitute “the person to whom the information

 

is provided”, and

 

(b)    

for “their functions” substitute “functions exercisable by the person”.’.

 


 

Provision of statistical information by Statistics Board for health service purposes

 

Mr Simon Burns

 

Agreed to  NC25

 

To move the following Clause:—

 

‘(1)    

Section 42 of the Statistics and Registration Service Act 2007 (information

 

relating to births and deaths etc) is amended as follows.

 

(2)    

For subsection (4) substitute—

 

“(4)    

The Board may disclose to a person mentioned in subsection (4A) any

 

information referred to in subsection (2)(a) to (c) which is received by the

 

Board under this section, or any information which is produced by the

 

Board by analysing any such information, if—

 

(a)    

the information consists of statistics and is disclosed for the

 

purpose of assisting the person in the performance of functions

 

exercisable by it in relation to the health service, or

 

(b)    

the information is disclosed for the purpose of assisting the

 

person to produce or to analyse statistics for the purpose of

 

assisting the person, or any other person mentioned in subsection

 

(4A), in the performance of functions exercisable by it in relation

 

to the health service.

 

(4A)    

Those persons are—

 

(a)    

the Secretary of State,

 

(b)    

the Welsh Ministers,

 

(c)    

the National Health Service Commissioning Board,

 

(d)    

a commissioning consortium,

 

(e)    

a local authority,

 

(f)    

a Local Health Board,

 

(g)    

an NHS trust established under section 18 of the National Health

 

Service (Wales) Act 2006,

 

(h)    

the National Institute for Health and Care Excellence,

 

(i)    

the Health and Social Care Information Centre,

 

(j)    

a Special Health Authority,

 

(k)    

the Care Quality Commission, and


 
 

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Health and Social Care Bill, continued

 
 

(l)    

such other persons as the appropriate authority may specify in a

 

direction given for the purposes of this section.

 

(4B)    

For the purposes of subsection (4A)(l), the appropriate authority is—

 

(a)    

in relation to a direction to be given for purposes relating only to

 

Wales, the Welsh Ministers, and

 

(b)    

in any other case, the Secretary of State.”

 

(3)    

After subsection (5) insert—

 

“(5A)    

A direction under subsection (4A)(l) must be given by an instrument in

 

writing.

 

(5B)    

Sections 272(7) and 273(1) of the National Health Service Act 2006

 

apply in relation to the power of the Secretary of State to give a direction

 

under subsection (4A)(l) as they apply in relation to powers to give a

 

direction under that Act.

 

(5C)    

Sections 203(9) and 204(1) of the National Health Service (Wales) Act

 

2006 apply in relation to the power of the Welsh Ministers to give a

 

direction under subsection (4A)(l) as they apply in relation to powers to

 

give a direction under that Act.”

 

(4)    

After subsection (6) insert—

 

“(7)    

In subsection (4A)—

 

“commissioning consortium” and “Special Health Authority” have the

 

same meaning as in the National Health Service Act 2006;

 

“local authority” has the same meaning as in section 2B of that Act of

 

2006.”’.

 


 

Public Health England

 

Emily Thornberry

 

Not called  NC1

 

To move the following Clause:—

 

‘(1)    

After section 1C of the National Health Service Act 2006 insert—

 

“Public Health England

 

1D      

Public Health England and its functions

 

(1)    

There is a body to be known as Public Health England (“PHE”).

 

(2)    

The PHE shall exercise such functions of the Secretary of State under this

 

Act as may be prescribed.

 

(3)    

The Secretary of State may make regulations in relation to PHE about—

 

(a)    

its status;

 

(b)    

its membership and its members;

 

(c)    

its staff;

 

(d)    

committees, procedures and exercise of functions;

 

(e)    

provision of information;


 
 

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(f)    

accounts; and

 

(g)    

its seal and evidence.

 

(4)    

The Secretary of State may by regulations prescribe health-related

 

functions of the Secretary of State (other than functions under the

 

National Health Service Act 2006) which are to be exercisable by Public

 

Health England.

 

(5)    

In subsection (4), “health-related functions” means functions related

 

either directly or indirectly to the health of the public.’.

 


 

Chief social worker

 

Emily Thornberry

 

Negatived on division  NC5

 

To move the following Clause:—

 

‘There will be a Chief Social Worker—

 

(a)    

to report to and advise Ministers,

 

(b)    

to make an annual report to Parliament on the state of social work in

 

England,

 

(c)    

to work in close co-operation with the College of Social Work, the Social

 

Work and Health Professions Council, the Professional Standards

 

Authority for Health and Social Care, the National Institute for Health

 

and Care Excellence, inspectors and employers.’.

 


 

College of social work

 

Emily Thornberry

 

Not called  NC6

 

To move the following Clause:—

 

‘(1)    

There will be statutory guidance and regulation to ensure that Government and

 

Local Government, the Chief Social Worker, the Social Work and Health

 

Professions Council, inspectors and employers consult with and respond to the

 

advice offered by the College of Social Work.

 

(2)    

The statutory entitlements of the College of Social Work will be dependent on its

 

ability to demonstrate every four years that it has 51 per cent. of registered social

 

workers in membership; if it fails to do so its statutory role will be suspended for

 

12 months and thereafter indefinitely until this can be rectified.’.

 



 
 

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Health and Social Care Bill, continued

 
 

Care standards

 

Emily Thornberry

 

Not called  NC15

 

To move the following Clause:—

 

‘In section 61 of the Care Standards Act 2000, after subsection (1) insert—

 

“(2)    

 

(a)    

Any organisation which employs individuals to undertake the

 

functions and roles of a social worker must ensure that any

 

individuals occupying such posts are appropriately qualified and

 

registered as a social worker.

 

(b)    

All qualified and registered social workers should operate at all

 

times within the International Ethical Principles for Social

 

Work.”’.

 


 

Northern Ireland Assembly and Legislative Consent

 

Jim Shannon

 

Negatived on division  NC17

 

To move the following Clause:—

 

‘In section 62 of the Health Act 1999 (regulation of health care professions etc.),

 

after subsection (10), insert—

 

“(10A)    

But if any provision made by an Order in Council under that section

 

would, if it were included in an Act of the Northern Ireland Assembly, be

 

within the legislative competence of that Assembly, no recommendation

 

is to be made to Her Majesty to make the Order unless a draft—

 

(a)    

has been laid before, and approved by resolution of, each House

 

of Parliament, and

 

(b)    

has been laid before, and approved by resolution of, the Northern

 

Ireland Assembly.”’.

 


 

Assessed and supported year in employment for newly qualified social workers

 

Emily Thornberry

 

Derek Twigg

 

Liz Kendall

 

Not called  NC18

 

To move the following Clause:—

 

‘In section 60 of the Health Act 1999 (regulation of health care professions etc.),

 

in subsection (1), after paragraph (e) insert—


 
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