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
174

Health and Social Care Bill, continued

“(ea)
introducing a class of provisional registration to support a

requirement for persons who are newly qualified social workers

to complete an assessed and supported year in employment.”’.

New Schedules

Mr Simon Burns

Agreed to  NS1

To move the following Schedule:—

SCHEDULE

Section 46

Abolition of the Health Protection Agency: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

subject to investigation)—

(a)
omit the entry for the Health Protection Agency, and

(b)
in the Notes, omit the paragraph on the Health Protection Agency.

Superannuation Act 1972 (c. 11)

2
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which

a scheme under section 1 of that Act can apply), omit the entry for the Health

Protection Agency.

Local Government Act 1972 (c. 70)

3
In section 113 of the Local Government Act 1972 (placing of staff of local

authorities at disposal of other local authorities), in subsection (1A) omit “the

Health Protection Agency,” in each place it occurs.

Health and Safety at Work etc. Act 1974 (c. 37)

4
The Health and Safety at Work etc. Act 1974 is amended as follows.

5
In section 16 (approval of codes of practice), in subsection (2)(a) omit the

words from “(and, in particular,” to the end.

6
In section 50 (exercise of certain powers to make regulations), in subsection

(3)(a) omit the words from “, and, in the case of” to “the Health Protection

Agency”.

House of Commons Disqualification Act 1975 (c. 24)

7
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(offices disqualifying for membership of the House), omit the entry for the

chairman and any non-executive member of the Health Protection Agency.

Public Bill Committee Proceedings: 31 March 2011
175

Health and Social Care Bill, continued

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (offices disqualifying for membership of the Assembly), omit the entry

for the chairman and any non-executive member of the Health Protection

Agency.

Employment Rights Act 1996 (c. 18)

9
In section 218 of the Employment Rights Act 1996 (change of employer), in

subsection (10) omit paragraph (dd).

Freedom of Information Act 2000 (c. 36)

10
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities), omit the entry for the Health Protection Agency.

International Development Act 2002 (c. 1)

11
In Schedule 1 to the International Development Act 2002 (statutory bodies

who may exercise certain powers for the purpose of assisting countries outside

the UK), omit the entry for the Health Protection Agency.

Nationality, Immigration and Asylum Act 2002 (c. 41)

12  (1)
Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power

of medical inspector to disclose information to health service bodies) is

amended as follows.

      (2)
In paragraph (a)—

(a)
before sub-paragraph (i) insert—

“(ai)
the Secretary of State,”, and

(b)
omit sub-paragraph (vi) and the “or” preceding it.

      (3)
In paragraph (b)—

(a)
after sub-paragraph (i) insert “or”, and

(b)
omit sub-paragraph (iv) and the “or” preceding it.

      (4)
In paragraph (c)—

(a)
before sub-paragraph (i) insert—

“(ai)
the Secretary of State,”,

(b)
after sub-paragraph (i) insert “or”, and

(c)
omit sub-paragraph (iii).

      (5)
In paragraph (d)—

(a)
after sub-paragraph (ii) insert—

“(iia)
the Regional Agency for Public Health and

Social Well-being established under section

12 of the Health and Social Care (Reform)

Act (Northern Ireland) 2009, or”, and

(b)
omit sub-paragraph (iv) and the “, or” preceding it.

Scottish Public Services Ombudsman Act 2002 (asp 11)

13
The Scottish Public Services Ombudsman Act 2002 is amended as follows.

14
In section 7 (matters which may be investigated: restrictions), omit subsection

(6A).

15
In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90.

Public Bill Committee Proceedings: 31 March 2011
176

Health and Social Care Bill, continued

National Health Service Act 2006 (c. 41)

16
The National Health Service Act 2006 is amended as follows.

17
In section 9 (NHS contracts), in subsection (4) omit paragraph (j).

18
In section 71 (schemes for meeting losses and liabilities of certain health

bodies)—

(a)
in subsection (2) omit paragraph (g), and

(b)
in subsection (5) for “, (f) and (g)” substitute “and (f)”.

National Health Service (Wales) Act 2006 (c. 42)

19
The National Health Service (Wales) Act 2006 is amended as follows.

20
In section 7 (NHS contracts), in subsection (4) omit paragraph (j).

21
In section 30 (schemes for meeting losses and liabilities of certain health

bodies)—

(a)
after paragraph (b) insert “and”, and

(b)
omit paragraph (e) and the preceding “and”.

National Health Service (Consequential Provisions) Act 2006 (c. 43)

22
In Schedule 1 to the National Health Service (Consequential Provisions) Act

2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-

heading preceding them).

Health and Social Care Act 2008 (c. 14)

23
In section 159 (functions of Health Protection Agency in relation to biological

substances), omit subsections (2) to (6).

Health and Personal Social Services (Northern Ireland) Order 1991

24
In article 8 of the Health and Personal Social Services (Northern Ireland) Order

1991 (health and social services contracts), in paragraph (2)(g) omit paragraph

(vi).’.

Mr Simon Burns

Agreed to  NS2

To move the following Schedule:—

SCHEDULE

Section (Requirements under section 63:

undertakings)

Requirements under section 63: undertakings

Procedure

1    (1)
Monitor must publish a procedure for entering into section (Requirements

under section 63: undertakings) undertakings.

      (2)
Monitor may revise the procedure and, if it does so, Monitor must publish the

procedure as revised.

Public Bill Committee Proceedings: 31 March 2011
177

Health and Social Care Bill, continued

      (3)
Monitor must consult such persons as it considers appropriate before

publishing or revising the procedure.

2    (1)
Where Monitor accepts a section (Requirements under section 63:

undertakings) undertaking, Monitor must publish the undertaking.

      (2)
But Monitor must not under sub-paragraph (1) publish any part of a section

(Requirements under section 63: undertakings) undertaking which contains

commercial information the disclosure of which Monitor considers would or

might significantly harm the legitimate business interests of any person to

whom it relates.

Variation of terms

3
The terms of a section (Requirements under section 63: undertakings)

undertaking (including in particular the action specified under it and the period

so specified within which the action must be taken) may be varied if both the

person giving the undertaking and Monitor agree.

Compliance certificates

4    (1)
Where Monitor is satisfied that a section (Requirements under section 63:

undertakings) undertaking has been complied with, Monitor must issue a

certificate to that effect (referred to in this Schedule as a “compliance

certificate”).

      (2)
A person who has given a section (Requirements under section 63:

undertakings) undertaking may at any time make an application to Monitor for

a compliance certificate.

      (3)
The application must be made in such form, and accompanied by such

information, as Monitor requires.

      (4)
Monitor must decide whether or not to issue a compliance certificate, and give

notice to the applicant of its decision, before the end of the period of 14 days

beginning with the day after that on which the application is received.

5    (1)
An appeal lies to the First-tier Tribunal against a decision of Monitor to refuse

an application for a compliance certificate.

      (2)
The grounds for an appeal under this paragraph are that the decision was—

(a)
based on an error of fact,

(b)
wrong in law, or

(c)
unfair or unreasonable.

      (3)
On an appeal under this paragraph, the Tribunal may confirm Monitor’s

decision or direct that it is not to have effect.

Inaccurate, incomplete or misleading information

6
Where Monitor is satisfied that a person who has given a section

(Requirements under section 63: undertakings) undertaking has supplied

Monitor with inaccurate, misleading or incorrect information in relation to the

undertaking—

(a)
Monitor may treat the person as having failed to comply with the

undertaking, and

(b)
if Monitor decides so to treat the person, Monitor must by notice

revoke any certificate of compliance given to that person.’.

Public Bill Committee Proceedings: 31 March 2011
178

Health and Social Care Bill, continued

Mr Simon Burns

Agreed to

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Bill, as amended, to be reported.



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