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

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(2)   

The duty imposed by subsection (1) includes, in particular, a duty to

encourage commissioning consortia to enter into arrangements with

local authorities in pursuance of regulations under section 75.

13K     

Duty to have regard to impact on services in certain areas

(1)   

In making commissioning decisions, the Board must have regard to the

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likely impact of those decisions on the provision of health services to

persons who reside in an area of Wales or Scotland that is close to the

border with England.

(2)   

In this section—

“commissioning decisions”, in relation to the Board, means

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decisions about the carrying out of its functions in arranging for

the provision of health services;

“health services” means services that are (or are to be) provided as

part of the health service.

Public involvement

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13L     

Public involvement and consultation by the Board

(1)   

This section applies in relation to any health services which are, or are

to be, provided pursuant to arrangements made by the Board

(“commissioning arrangements”).

(2)   

The Board must make arrangements to secure that individuals to

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whom the services are being or may be provided are involved (whether

by being consulted or provided with information or in other ways)—

(a)   

in the planning of the commissioning arrangements by the

Board,

(b)   

in the development and consideration of proposals by the

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Board for changes in the commissioning arrangements where

the implementation of the proposals would have a significant

impact on the manner in which the services are delivered to the

individuals or the range of health services available to them,

and

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(c)   

in decisions of the Board affecting the operation of the

commissioning arrangements where the implementation of the

decisions would (if made) have such an impact.

(3)   

The reference in subsection (2)(b) to the delivery of services is a

reference to their delivery at the point when they are received by users.

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(4)   

In this section, “health services” means any services that are (or are to

be) provided as part of the health service.

Functions in relation to information

13M     

Information on safety of services provided by the health service

(1)   

The Board must establish and operate systems for collecting and

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analysing information relating to the safety of the services provided by

the health service.

 
 

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

19

 

(2)   

The Board must make information collected by virtue of subsection (1),

and any other information obtained by analysing it, available to such

persons as the Board considers appropriate.

(3)   

The Board may impose charges, calculated on such basis as it considers

appropriate, in respect of information made available by it under

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subsection (2).

(4)   

The Board must give advice and guidance, to such persons as it

considers appropriate, for the purpose of maintaining and improving

the safety of the services provided by the health service.

(5)   

The Board must monitor the effectiveness of the advice and guidance

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given by it under subsection (4).

(6)   

A commissioning consortium must have regard to any advice or

guidance given to it under subsection (4).

(7)   

The Board may arrange for any other person (including another NHS

body) to exercise any of the Board’s functions under this section.

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13N     

Guidance in relation to processing of information

(1)   

The Board must publish guidance for registered persons on the practice

to be followed by them in relation to the processing of—

(a)   

patient information, and

(b)   

any other information obtained or generated in the course of the

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provision of the health service.

(2)   

Registered persons who carry on an activity which involves, or is

connected with, the provision of health care must have regard to any

guidance published under this section.

(3)   

In this section, “patient information”, “processing” and “registered

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person” have the same meanings as in section 20A of the Health and

Social Care Act 2008.

Business plan and report

13O     

Business plan

(1)   

Before the start of each financial year, the Board must publish a

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business plan setting out how it proposes to exercise its functions in

that year and each of the next two financial years.

(2)   

The business plan must, in particular, explain how the Board proposes

to achieve the objectives, and comply with the requirements, specified

in the mandate for the first financial year to which the plan relates.

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(3)   

The Board may revise the plan.

(4)   

The Board must publish any revised plan.

(5)   

In this section and section 13P, “financial year” includes the period

which begins on the day the Board is established and ends on the

following 31 March.

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

20

 

13P     

Annual report

(1)   

As soon as practicable after the end of each financial year, the Board

must publish an annual report on how it has exercised its functions

during the year.

(2)   

The annual report must, in particular, contain an assessment of—

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(a)   

the extent to which it met any objectives or requirements

specified in the mandate for that year,

(b)   

the extent to which it gave effect to the proposals for that year

in its business plan, and

(c)   

how effectively it discharged its duties under sections 13D and

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13L.

(3)   

The Board must—

(a)   

lay the annual report before Parliament, and

(b)   

once it has done so, send a copy of it to the Secretary of State.

(4)   

The Secretary of State must, having considered the annual report, set

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out in a letter to the Board the Secretary of State’s assessment of the

Board’s performance of its functions in the financial year in question.

(5)   

The letter must, in particular, contain the Secretary of State’s

assessment of the matters mentioned in subsection (2)(a) to (c).

(6)   

The Secretary of State must—

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(a)   

publish the letter to the Board, and

(b)   

lay it before Parliament.

Additional powers

13Q     

Establishment of pooled funds

(1)   

The Board and one or more commissioning consortia may establish and

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maintain a pooled fund.

(2)   

A pooled fund is a fund—

(a)   

which is made up of contributions by the bodies which

established it, and

(b)   

out of which payments may be made, with the agreement of

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those bodies, towards expenditure incurred in the discharge of

any of their commissioning functions.

(3)   

In this section, “commissioning functions” means functions in

arranging for the provision of services as part of the health service.

13R     

Board’s power to generate income, etc.

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(1)   

The Board has power to do anything specified in section 7(2) of the

Health and Medicines Act 1988 (provision of goods, services, etc.) for

the purpose of making additional income available for improving the

health service.

(2)   

The Board may exercise a power conferred by subsection (1) only to the

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extent that its exercise does not to any significant extent interfere with

the performance by the Board of its functions.

 
 

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

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13S     

Power to make grants etc.

(1)   

The Board may make payments by way of grant or loan to a voluntary

organisation which provides or arranges for the provision of services

which are similar to the services in respect of which the Board has

functions.

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(2)   

The payments may be made subject to such terms and conditions as the

Board considers appropriate.

13T     

Board’s incidental powers: further provision

The power conferred on the Board by section 2 includes in particular

power to—

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(a)   

enter into agreements,

(b)   

acquire and dispose of property, and

(c)   

accept gifts (including property to be held on trust for the

purposes of the Board).

Exercise of functions of Board

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13U     

Exercise of functions

(1)   

This section applies to functions exercisable by the Board under or by

virtue of this Act or any prescribed provision of any other Act.

(2)   

The Board may arrange for any such function to be exercised by or

jointly with—

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(a)   

a Special Health Authority,

(b)   

a commissioning consortium, or

(c)   

such other body as may be prescribed.

(3)   

Regulations may provide that the power in subsection (2) does not

apply in relation to a function of a prescribed description.

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(4)   

Where any functions are (by virtue of subsection (2)) exercisable jointly

by the Board and another body, they may be exercised by a joint

committee of the Board and the other body.

(5)   

Arrangements under this section may be on such terms and conditions

(including terms as to payment) as may be agreed between the Board

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and the other party to the arrangements.

Power to confer additional functions

13V     

Power to confer additional functions on the Board

(1)   

Regulations may provide that the Board is to have such additional

functions in relation to the health service as may be specified in the

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regulations.

(2)   

A function may be specified in regulations under subsection (1) only if

the function is connected to another function of the Board.

 
 

 
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