Session 2010 - 11
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Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 1 — The health service in England

11

 

14      

Regulations as to the exercise by local authorities of certain public health

functions

(1)   

After section 6B of the National Health Service Act 2006 insert—

“Regulations as to the exercise of functions

6C      

Regulations as to the exercise by local authorities of certain public

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health functions

(1)   

Regulations may require a local authority to exercise any of the public

health functions of the Secretary of State (so far as relating to the health

of the public in the authority’s area) by taking such steps as may be

prescribed.

10

(2)   

Regulations may require a local authority to exercise its public health

functions by taking such steps as may be prescribed.

(3)   

The making of regulations under subsection (1) does not prevent the

Secretary of State from taking any step that a local authority is required

to take under the regulations.

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(4)   

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

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) before paragraph (za) insert—

“(zza)   

regulations under section 6C(1) or (2),”.

15      

Regulations relating to EU obligations

20

After section 6C of the National Health Service Act 2006 insert—

“6D     

Regulations relating to EU obligations

(1)   

Regulations may require the Board or a commissioning consortium to

exercise a specified EU health function.

(2)   

In subsection (1)—

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(a)   

“EU health function” means any function exercisable by the

Secretary of State for the purpose of implementing EU

obligations that concern, or are connected to, the health service,

other than a function of making subordinate legislation (within

the meaning of the Interpretation Act 1978), and

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(b)   

“specified” means specified in the regulations.

(3)   

The Secretary of State may give directions to the Board or a

commissioning consortium about its exercise of any of its functions

under regulations under subsection (1).

(4)   

The Secretary of State may, for the purpose of securing compliance by

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the United Kingdom with EU obligations, give directions to the Board

or a commissioning consortium about the exercise of any of its

functions.”

 
 

Health and Social Care Bill
Part 1 — The health service in England

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16      

Regulations as to the exercise of functions by the Board or consortia

(1)   

After section 6D of the National Health Service Act 2006 insert—

“6E     

Regulations as to the exercise of functions by the Board or consortia

(1)   

Regulations may impose requirements (to be known as “standing

rules”) in accordance with this section on the Board or on

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commissioning consortia.

(2)   

The regulations may, in relation to the commissioning functions of the

Board or consortia, make provision—

(a)   

requiring the Board or consortia to arrange for specified

treatments or other specified services to be provided or to be

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provided in a specified manner or within a specified period;

(b)   

as to the arrangements that the Board or consortia must make

for the purpose of making decisions as to—

(i)   

the treatments or other services that are to be provided;

(ii)   

the manner in which or period within which specified

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treatments or other specified services are to be provided;

(iii)   

the persons to whom specified treatments or other

specified services are to be provided;

(c)   

as to the arrangements that the Board or consortia must make

for enabling persons to whom specified treatments or other

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specified services are to be provided to make choices with

respect to specified aspects of them.

(3)   

Regulations by virtue of paragraph (b) of subsection (2) may, in

particular, make provision—

(a)   

requiring the Board or a consortium to take specified steps

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before making decisions as to the matters mentioned in that

paragraph;

(b)   

as to reviews of, or appeals from, such decisions.

(4)   

The regulations may—

(a)   

specify matters for which provision must be made in

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commissioning contracts entered into by the Board or consortia;

(b)   

require the Board to draft terms and conditions making

provision for those matters;

(c)   

require the Board or consortia to incorporate the terms and

conditions drafted by virtue of paragraph (b) in commissioning

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contracts entered into by the Board or (as the case may be)

consortia.

(5)   

The regulations must—

(a)   

require the Board to draft such terms and conditions as the

Board considers are, or might be, appropriate for inclusion in

40

commissioning contracts entered into by the Board or consortia

(other than terms and conditions that the Board is required to

draft by virtue of subsection (4)(a));

(b)   

authorise the Board to require consortia to incorporate terms

and conditions prepared by virtue of paragraph (a) in their

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commissioning contracts;

(c)   

authorise the Board to draft model commissioning contracts.

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(6)   

The regulations may require the Board to consult prescribed persons

before exercising any of its functions by virtue of subsection (4)(b) or

(5).

(7)   

The regulations may require the Board or consortia in the exercise of

any of its or their functions—

5

(a)   

to provide information of a specified description to specified

persons in a specified manner;

(b)   

to act in a specified manner for the purpose of securing

compliance with EU obligations;

(c)   

to do such other things as the Secretary of State considers

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necessary for the purposes of the health service.

(8)   

The regulations may not impose a requirement on only one

consortium.

(9)   

If regulations under this section are made so as to come into force on a

day other than 1 April, the Secretary of State must—

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(a)   

publish a statement explaining the reasons for making the

regulations so as to come into force on such a day, and

(b)   

lay the statement before Parliament.

(10)   

In this section—

(a)   

“commissioning contracts”, in relation to the Board or

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commissioning consortia, means contracts entered into by the

Board or (as the case may be) consortia in the exercise of its or

their commissioning functions;

(b)   

“commissioning functions”, in relation to the Board or

commissioning consortia, means the functions of the Board or

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(as the case may be) consortia in arranging for the provision of

services as part of the health service;

(c)   

“specified” means specified in the regulations.”

(2)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) after paragraph (zza) insert—

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“(zzb)   

regulations under section 6E, except where they do not include

provision by virtue of subsection (7)(c) of that section,”.

17      

Functions of Special Health Authorities

(1)   

Section 7 of the National Health Service Act 2006 (distribution of health service

functions) is amended as follows.

35

(2)   

For subsection (1) substitute—

“(1)   

The Secretary of State may direct a Special Health Authority to exercise

any functions of the Secretary of State or any other person which relate

to the health service in England and are specified in the direction.

(1A)   

Before exercising the power in subsection (1) in relation to a function of

40

a person other than the Secretary of State, the Secretary of State must

consult that person.

(1B)   

Regulations may provide that a Special Health Authority specified in

the regulations is to have such additional functions in relation to the

health service in England as may be so specified.”

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Health and Social Care Bill
Part 1 — The health service in England

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(3)   

Omit subsections (2) and (3).

(4)   

For the heading to that section, and for the cross-heading preceding it,

substitute “Functions of Special Health Authorities”.

(5)   

In section 272 of that Act (orders, regulations, rules and directions), in

subsection (6) after paragraph (zzb) insert—

5

“(zzc)   

regulations under section 7(1B),”.

18      

Exercise of public health functions of the Secretary of State

After section 7 of the National Health Service Act 2006 insert—

“Exercise of Secretary of State’s public health functions

7A      

Exercise of Secretary of State’s public health functions

10

(1)   

The Secretary of State may arrange for a body mentioned in subsection

(2) to exercise any of the public health functions of the Secretary of

State.

(2)   

Those bodies are—

(a)   

the Board;

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(b)   

a commissioning consortium;

(c)   

a local authority (within the meaning of section 2B).

(3)   

The power conferred by subsection (1) includes power to arrange for

such a body to exercise any functions of the Secretary of State that are

exercisable in connection with those functions (including the powers

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conferred by section 12).

(4)   

Where the Secretary of State arranges (under subsection (1)) for the

Board to exercise a function, the Board may arrange for a

commissioning consortium to exercise that function.

(5)   

Powers under this section may be exercised on such terms as may be

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agreed, including terms as to payment.”

Further provision about the Board

19      

The NHS Commissioning Board: further provision

(1)   

In Part 2 of the National Health Service Act 2006 (health service bodies), before

Chapter 1 insert—

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“Chapter A1

The National Health Service Commissioning Board

Secretary of State’s mandate to the Board

13A     

Mandate to Board

(1)   

Before the start of each financial year, the Secretary of State must

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publish and lay before Parliament a document to be known as “the

mandate”.

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(2)   

The Secretary of State must specify in the mandate—

(a)   

the objectives that the Secretary of State considers the Board

should seek to achieve in the exercise of its functions during

that financial year, and

(b)   

any requirements that the Secretary of State considers it

5

necessary to impose on the Board for the purpose of ensuring

that it achieves those objectives.

(3)   

The Secretary of State must also specify in the mandate—

(a)   

the amount that the Secretary of State has decided to allot to the

Board under section 223B in respect of that year, and

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(b)   

the amount that the Secretary of State has decided to specify as

the Board’s resource allocation in respect of that year under

section 223C.

(4)   

The Secretary of State may specify in the mandate—

(a)   

any objectives that the Secretary of State considers the Board

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should seek to achieve in the exercise of its functions during any

subsequent financial years;

(b)   

any requirements that the Secretary of State considers it

necessary to impose on the Board for the purpose of ensuring

that it achieves those objectives;

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(c)   

any proposals that the Secretary of State has as to the amount

that the Secretary of State will allot to the Board under section

223B in respect of subsequent financial years;

(d)   

any proposals that the Secretary of State has as to the amount

that the Secretary of State will specify as the Board’s resource

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allocation under section 223C in respect of subsequent financial

years.

(5)   

The Secretary of State may also specify in the mandate the matters by

reference to which the Secretary of State proposes to assess the Board’s

performance in relation to the first financial year to which the mandate

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relates.

(6)   

The Secretary of State may not specify in the mandate an objective or

requirement about the exercise of the Board’s functions in relation to

only one commissioning consortium.

(7)   

The Board must—

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(a)   

seek to achieve the objectives specified in the mandate, and

(b)   

comply with any requirements so specified.

(8)   

Before specifying any objectives or requirements in the mandate, the

Secretary of State must consult—

(a)   

the Board, and

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(b)   

such other persons as the Secretary of State considers

appropriate.

(9)   

In this section, “financial year” includes the period which begins on the

day the Board is established and ends on the following 31 March.

13B     

The mandate: supplemental provision

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(1)   

The Secretary of State must keep the Board’s performance in achieving

any objectives or requirements specified in the mandate under review.

 
 

Health and Social Care Bill
Part 1 — The health service in England

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(2)   

If the Secretary of State makes a new allotment under section 223B(3) or

varies the Board’s resource allocation under section 223C(2), the

Secretary of State must revise the mandate accordingly.

(3)   

The Secretary of State may make any other revision to the mandate only

if—

5

(a)   

the Board agrees to the revision,

(b)   

a parliamentary general election takes place, or

(c)   

the Secretary of State considers that there are exceptional

circumstances that make the revision necessary.

(4)   

If the Secretary of State revises the mandate, the Secretary of State

10

must—

(a)   

publish the mandate (as so revised), and

(b)   

lay it before Parliament, together with an explanation of the

reasons for making the revision.

General duties of the Board

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13C     

Duty as to effectiveness, efficiency etc.

The Board must exercise its functions effectively, efficiently and

economically.

13D     

Duty as to improvement in quality of services

(1)   

The Board must exercise its functions with a view to securing

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continuous improvement in the quality of services provided to

individuals for or in connection with—

(a)   

the prevention, diagnosis or treatment of illness, or

(b)   

the protection or improvement of public health.

(2)   

In discharging its duty under subsection (1), the Board must, in

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particular, act with a view to securing continuous improvement in the

outcomes that are achieved from the provision of the services.

(3)   

The outcomes relevant for the purposes of subsection (2) include, in

particular, outcomes which show—

(a)   

the effectiveness of the services,

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(b)   

the safety of the services, and

(c)   

the quality of the experience undergone by patients.

(4)   

In discharging its duty under subsection (1), the Board must have

regard to—

(a)   

any document published by the Secretary of State for the

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purposes of this section, and

(b)   

the quality standards prepared by NICE under section 231 of

the Health and Social Care Act 2011.

13E     

Duty as to promoting autonomy

In exercising its functions, the Board must, so far as is consistent with

40

the interests of the health service, act with a view to securing—

(a)   

that any other person exercising functions in relation to the

health service or providing services for its purposes is free to

 
 

Health and Social Care Bill
Part 1 — The health service in England

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exercise those functions or provide those services in the manner

it considers most appropriate, and

(b)   

that unnecessary burdens are not imposed on any such person.

13F     

Duty as to reducing inequalities, promoting patient involvement etc.

(1)   

The Board must, in the exercise of its functions, have regard to the need

5

to—

(a)   

reduce inequalities between patients with respect to their ability

to access health services;

(b)   

reduce inequalities between patients with respect to the

outcomes achieved for them by the provision of health services;

10

(c)   

promote the involvement of patients and their carers in

decisions about the provision of health services to them;

(d)   

enable patients to make choices with respect to aspects of health

services provided to them.

(2)   

In this section, “health services” means services provided as part of the

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health service.

13G     

Duty to obtain appropriate advice

The Board must make arrangements with a view to securing that it

obtains advice appropriate for enabling it effectively to discharge its

functions from persons with professional expertise relating to the

20

physical or mental health of individuals.

13H     

Duty to promote innovation

(1)   

The Board must, in the exercise of its functions, promote innovation in

the provision of health services (including innovation in the

arrangements made for their provision).

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(2)   

The Board may make payments as prizes to promote innovation in the

provision of health services.

(3)   

A prize may relate to—

(a)   

work at any stage of innovation (including research);

(b)   

work done at any time (including work before the

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commencement of section 19 of the Health and Social Care Act

2011).

(4)   

In this section “health services” means services provided as part of the

health service.

13I     

Duty in respect of research

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The Board must, in the exercise of its functions, have regard to the need

to promote—

(a)   

research on matters relevant to the health service, and

(b)   

the use in the health service of evidence obtained from research.

13J     

Duty to encourage integrated working

40

(1)   

The Board must, for the purpose of advancing the health and wellbeing

of the people of England, exercise its functions with a view to

encouraging commissioning consortia to work closely with local

authorities in arranging for the provision of services.

 
 

 
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Revised 1 April 2011