Health and Social Care Bill

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
22

Intervention powers
13W
Failure by the Board to discharge any of its functions
(1)
The Secretary of State may give a direction to the Board if the Secretary
of State considers that the Board—
(a)
is failing or has failed to discharge any of its functions, or
5
(b)
is failing or has failed properly to discharge any of its functions.
(2)
A direction under subsection (1) may direct the Board to discharge such
of those functions, and in such manner and within such period or
periods, as may be specified in the direction.
(3)
If the Board fails to comply with a direction under subsection (1), the
10
Secretary of State may—
(a)
discharge the functions to which it relates, or
(b)
make arrangements for any other person to discharge them on
the Secretary of State’s behalf.
Disclosure of information
15
13X
Permitted disclosures of information
(1)
The Board may disclose information obtained by it in the exercise of its
functions if—
(a)
the information has previously been lawfully disclosed to the
public,
20
(b)
the disclosure is made under or pursuant to regulations under
section 113 or 114 of the Health and Social Care (Community
Health and Standards) Act 2003 (complaints about health care
or social services),
(c)
the disclosure is made in accordance with any enactment or
25
court order,
(d)
the disclosure is necessary or expedient for the purposes of
protecting the welfare of any individual,
(e)
the disclosure is made to any person in circumstances where it
is necessary or expedient for the person to have the information
30
for the purpose of exercising functions of that person under any
enactment,
(f)
the disclosure is made for the purpose of facilitating the exercise
of any of the Board’s functions,
(g)
the disclosure is made in connection with the investigation of a
35
criminal offence (whether or not in the United Kingdom), or
(h)
the disclosure is made for the purpose of criminal proceedings
(whether or not in the United Kingdom).
(2)
This section has effect notwithstanding any rule of common law which
would otherwise prohibit or restrict the disclosure.
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Interpretation
13Y
Interpretation
In this Chapter, “the health service” means the health service in
England.”

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Part 1 — The health service in England
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(2)
In section 272 of that Act (orders, regulations, rules and directions), in
subsection (6) after paragraph (za) insert—
“(zb)
regulations under section 13V,”.
20
Financial arrangements for the Board
Before the cross-heading preceding section 224 of the National Health Service
5
Act 2006 insert—
“The Board
223B
Funding of the Board
(1)
The Secretary of State must pay to the Board in respect of each financial
year sums not exceeding the amount allotted for that year by the
10
Secretary of State towards meeting the expenditure of the Board which
is attributable to the performance by it of its functions in that year.
(2)
An amount is allotted to the Board for a financial year under this
section when the Secretary of State publishes the mandate for that year
(see section 13A).
15
(3)
The Secretary of State may make a new allotment under this section
increasing or reducing the allotment previously so made only if—
(a)
the Board agrees to the change, or
(b)
the Secretary of State considers that there are exceptional
circumstances that make a new allotment necessary.
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(4)
The Secretary of State may give directions to the Board as to—
(a)
the maximum amount that the Board and commissioning
consortia (taken together) may spend on prescribed matters
relating to administration during the financial year, and
(b)
the maximum amount that the Board may spend on any such
25
matters.
(5)
The Secretary of State may give directions to the Board with respect to
the payment of sums by it to the Secretary of State in respect of charges
or other sums referable to the valuation or disposal of assets.
(6)
Sums falling to be paid to the Board under this section are payable
30
subject to such conditions as to records, certificates or otherwise as the
Secretary of State may determine.
(7)
For the purposes of subsection (4) expenditure is to be disregarded if it
is to be met otherwise than from sums paid under subsection (1).
(8)
In this section and sections 223C to 223F, “financial year” includes the
35
period which begins on the day the Board is established and ends on
the following 31 March.
223C
Use of resources by the Board
(1)
The Secretary of State may direct that the Board’s use of resources in a
financial year must not exceed a specified amount (the “resource
40
allocation”).
(2)
The Secretary of State may vary the specified amount only if—

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Part 1 — The health service in England
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(a)
the Board agrees to the change, or
(b)
the Secretary of State considers that there are exceptional
circumstances that make the variation necessary.
(3)
In this section and in section 223E, a reference to the use of resources is
a reference to their expenditure, consumption or reduction in value.
5
223D
Financial duties of the Board: general
(1)
The Board must, in respect of each financial year, perform its functions
so as to ensure that its expenditure which is attributable to the
performance by it of its functions in that year does not exceed the
aggregate of—
10
(a)
the amount allotted to it for that year under section 223B,
(b)
any sums received by it in that year under any provision of this
Act (other than sums received by it under section 223B), and
(c)
any sums received by it in that year otherwise than under this
Act for the purpose of enabling it to defray such expenditure.
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(2)
The Secretary of State may by directions determine whether
expenditure by the Board of a description specified in the directions
must, or must not, be treated for the purposes of this section as
expenditure within subsection (1).
(3)
The Secretary of State may by directions determine the extent to which,
20
and the circumstances in which, sums received by the Board under
section 223B but not yet spent must be treated for the purposes of this
section as part of the expenditure of the Board, and to which financial
year’s expenditure they must be attributed.
(4)
The Secretary of State may by directions require the Board to use
25
banking facilities specified in the direction for any purposes so
specified.
223E
Financial duties of the Board: use of resources
(1)
The Board must ensure that the use of its resources in a financial year
does not exceed the resource allocation specified in relation to that year
30
by the Secretary of State under section 223C.
(2)
For the purposes of subsection (1) the Secretary of State may give
directions—
(a)
specifying uses of resources which must, or must not, be taken
into account;
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(b)
specifying descriptions of resources which must, or must not,
be taken into account.
223F
Financial duties of the Board: restriction on certain types of
expenditure
(1)
The Board must ensure that its capital expenditure in respect of a
40
financial year does not exceed such sum as the Secretary of State may
specify in relation to that year.
(2)
The Board must ensure that its revenue expenditure in respect of a
financial year does not exceed such sum as the Secretary of State may
specify in relation to that year.
45

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(3)
The Board must ensure that its expenditure in respect of a financial year
on prescribed matters relating to administration does not (in total)
exceed the sum specified by the Secretary of State under section
223B(4)(b) in relation to that year.
(4)
The Secretary of State may vary any sum specified for the purposes of
5
this section.
(5)
The Secretary of State may by directions determine whether
expenditure by the Board of a description specified in the directions
must, or must not, be treated for the purposes of this section as
expenditure within subsection (1) or (2).
10
(6)
For the purposes of this section, expenditure is to be disregarded if it is
met otherwise than from sums paid to the Board under section 223B.
223G
Power to establish contingency fund
(1)
The Board may use a proportion of the sums paid to it under section
223B to establish a contingency fund.
15
(2)
The Board may make a payment out of the fund where the payment is
necessary in order to enable—
(a)
the Board to discharge any of its commissioning functions, or
(b)
a commissioning consortium to discharge any of its functions.
(3)
The Board must publish guidance as to how it proposes to exercise its
20
powers to make payments out of the contingency fund.
(4)
In this section, “commissioning functions” means functions in
arranging for the provision of services as part of the health service.”
Further provision about commissioning consortia
21
Commissioning consortia: establishment etc.
25
(1)
After Chapter A1 of Part 2 of the National Health Service Act 2006 insert—
“Chapter A2
Commissioning consortia
Establishment of commissioning consortia
14A
General duties of Board in relation to commissioning consortia
30
(1)
The Board must exercise its functions under this Chapter so as to ensure
that at any time after the day specified in writing by the Secretary of
State for the purposes of this section each provider of primary medical
services is a member of a commissioning consortium.
(2)
The Board must exercise its functions under this Chapter so as to ensure
35
that at any time after the day so specified the areas specified in the
constitutions of commissioning consortia—
(a)
together cover the whole of England, and
(b)
do not coincide or overlap.

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(3)
For the purposes of this Chapter, “provider of primary medical
services” means a person who is a party to an arrangement mentioned
in subsection (4).
(4)
The arrangements mentioned in this subsection are—
(a)
a general medical services contract to provide primary medical
5
services of a prescribed description,
(b)
arrangements under section 83(2) for the provision of primary
medical services of a prescribed description,
(c)
section 92 arrangements for the provision of services of primary
medical services of a prescribed description.
10
(5)
Where a person who is a provider of primary medical services is a party
to more than one arrangement mentioned in subsection (4), the person
is to be treated for the purposes of this Chapter as a separate provider
of primary medical services in respect of each of those arrangements.
(6)
Where two or more individuals practising in partnership are parties to
15
an arrangement mentioned in subsection (4), the partnership is to be
treated for the purposes of this Chapter as a provider of primary
medical services (and the individuals are not to be so treated).
(7)
Where two or more individuals are parties to an arrangement
mentioned in subsection (4) but are not practising in partnership, those
20
persons collectively are to be treated for the purposes of this Chapter as
a provider of primary medical services (and the individuals are not to
be so treated).
14B
Applications for the establishment of commissioning consortia
(1)
An application for the establishment of a commissioning consortium
25
may be made to the Board.
(2)
The application may be made by any two or more persons each of
whom—
(a)
is or wishes to be a provider of primary medical services, and
(b)
wishes to be a member of the commissioning consortium.
30
(3)
The application must be accompanied by—
(a)
a copy of the proposed constitution of the commissioning
consortium,
(b)
the name of the person whom the consortium wishes the Board
to appoint as its accountable officer (as to which see paragraph
35
9 of Schedule 1A), and
(c)
such other information as the Board may specify in a document
published for the purposes of this section.
(4)
At any time before the Board determines the application—
(a)
a person who is or wishes to be a provider of primary medical
40
services (and wishes to be a member of the consortium) may
become a party to the application, with the agreement of the
Board and the existing applicants;
(b)
any of the applicants may withdraw.
(5)
At any time before the Board determines the application, the applicants
45
may modify the proposed constitution with the agreement of the
Board.

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(6)
Part 1 of Schedule 1A makes provision about the constitution of a
commissioning consortium.
14C
Determination of applications
(1)
The Board must grant an application under section 14B if it is satisfied
as to the following matters.
5
(2)
Those matters are—
(a)
that the constitution complies with the requirements of Part 1 of
Schedule 1A and is otherwise appropriate,
(b)
that each of the members specified in the constitution will be a
provider of primary medical services on the date the
10
consortium is established,
(c)
that the area specified in the constitution is appropriate,
(d)
that it would be appropriate for the Board to appoint, as the
accountable officer of the consortium, the person named by the
consortium under section 14B(3)(b),
15
(e)
that the applicants have made appropriate arrangements to
ensure that the commissioning consortium will be able to
discharge its functions, and
(f)
such other matters as may be prescribed.
(3)
Regulations may make provision—
20
(a)
as to factors which the Board must or may take into account in
deciding whether it is satisfied as to the matters mentioned in
subsection (2);
(b)
as to the procedure for the making and determination of
applications under section 14B.
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14D
Effect of grant of application
(1)
If the Board grants an application under section 14B—
(a)
a commissioning consortium is established, and
(b)
the proposed constitution has effect as the commissioning
consortium’s constitution.
30
(2)
Part 2 of Schedule 1A makes further provision about commissioning
consortia.
Variation of constitution
14E
Applications for variation of constitution
(1)
A commissioning consortium may apply to the Board to vary its
35
constitution (including doing so by varying its area or its list of
members).
(2)
If the Board grants the application, the constitution of the
commissioning consortium has effect subject to the variation.
(3)
Regulations may make provision—
40
(a)
as to the circumstances in which the Board must or may grant,
or must or may refuse, applications under this section;
(b)
as to factors which the Board must or may take into account in
determining whether to grant such applications;

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(c)
as to the procedure for the making and determination of such
applications.
14F
Variation of constitution otherwise than on application
(1)
The Board may vary the area specified in the constitution of a
commissioning consortium.
5
(2)
The Board may—
(a)
add any person who is a provider of primary medical services
to the list of members specified in the constitution of a
commissioning consortium;
(b)
remove any person from such a list.
10
(3)
The power conferred by subsection (1) or (2) is exercisable if—
(a)
the consortium consents to the variation, or
(b)
the Board considers that the variation is necessary for the
purpose of discharging any of its duties under section 14A.
(4)
Before varying the constitution of a commissioning consortium under
15
subsection (1) or (2), the Board must consult—
(a)
that consortium, and
(b)
any other consortium that the Board thinks might be affected by
the variation.
(5)
Regulations may—
20
(a)
confer powers on the Board to vary the constitution of a
commissioning consortium;
(b)
make provision as to the circumstances in which those powers
are exercisable and the procedure to be followed before they are
exercised.
25
Mergers, dissolution etc.
14G
Mergers
(1)
Two or more commissioning consortia may apply to the Board for—
(a)
those consortia to be dissolved, and
(b)
another consortium to be established under this section.
30
(2)
An application under this section must be accompanied by—
(a)
a copy of the proposed constitution of the commissioning
consortium,
(b)
the name of the person whom the consortium wishes the Board
to appoint as its accountable officer, and
35
(c)
such other information as the Board may specify in a document
published for the purposes of this section.
(3)
The applicants may, with the agreement of the Board, modify the
application or the proposed constitution at any time before the Board
determines the application.
40
(4)
Sections 14C and 14D(1) apply in relation to an application under this
section as they apply in relation to an application under section 14B.