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 11 — Miscellaneous
234

(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
5
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) —
10
(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.”
15
279
Provision of information by Registrar General: Wales
(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”,
20
and
(b)
at the end insert “—
(a)
the Welsh Ministers,
(b)
a Special Health Authority which has functions that are
exercisable in relation to Wales,
25
(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) —
30
(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”.
280
Provision of statistical information by Statistics Board
(1)
Section 42 of the Statistics and Registration Service Act 2007 (information
35
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
40
the Board by analysing any such information, if—

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(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
5
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,
10
(b)
the Welsh Ministers,
(c)
the National Health Service Commissioning Board,
(d)
a commissioning consortium,
(e)
a local authority,
(f)
a Local Health Board,
15
(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,
20
(k)
the Care Quality Commission, and
(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
25
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.
30
(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
35
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)—
40
“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.”
45

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Part 11 — Miscellaneous
236

Duties to co-operate
281
Monitor: duty to co-operate with Care Quality Commission
(1)
Monitor must co-operate with the Care Quality Commission in the exercise of
their respective functions.
(2)
In particular Monitor must—
5
(a)
give the Commission any information Monitor has about the provision
of health care services which Monitor or the Commission considers
would assist the Commission in the exercise of its functions,
(b)
make arrangements with the Commission to ensure that—
(i)
a person applying both for a licence under Chapter 4 of Part 3
10
and to be registered under the Health and Social Care Act 2008
may do so by way of a single application form,
(ii)
such a person is granted a licence under that Chapter and
registration under that Act by way of a single document, and
(c)
seek to secure that the conditions included in a licence under that
15
Chapter in a case within paragraph (b) are consistent with any
conditions on the person’s registration under that Act.
(3)
Without prejudice to subsection (2)(a) Monitor must, on request, provide the
Commission with any material relevant to the exercise of Monitor’s functions
pursuant to section 65(2), so far as the material relates to the provision of health
20
care services.
(4)
In subsection (2), references to registration under the Health and Social Care
Act 2008 are references to registration under Chapter 2 of Part 1 of that Act.
282
Care Quality Commission: duty to co-operate with Monitor
(1)
Section 70 of the Health and Social Care Act 2008 (co-operation between the
25
Commission and the Independent Regulator of NHS foundation trusts) is
amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Commission must co-operate with Monitor in the exercise of their
respective functions.”
30
(3)
For subsection (2) substitute—
“(2)
In particular the Commission must—
(a)
give Monitor any information the Commission has about the
provision of health care which the Commission or Monitor
considers would assist Monitor in the exercise of its functions,
35
and
(b)
make arrangements with Monitor to ensure that—
(i)
a person applying to be both registered under Chapter 2
and for a licence under the Health and Social Care Act
2011 may do so by way of a single application form, and
40
(ii)
such a person is granted a registration under Chapter 2
and a licence under that Act by way of a single
document, and

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(c)
seek to secure that the conditions on a registration under
Chapter 2 in a case within paragraph (b) are consistent with the
conditions included in the person’s licence under that Act.”
(4)
In subsection (3)—
(a)
for “Independent Regulator” substitute “Monitor”, and
5
(b)
for “an NHS foundation trust” substitute “a person who holds a licence
under the Health and Social Care Act 2011”.
(5)
After that subsection insert—
“(4)
In this section, a reference to a licence under the Health and Social Care
Act 2011 is a reference to a licence under Chapter 4 of Part 3 of that Act.”
10
(6)
In the heading of that section, for “Independent Regulator of NHS Foundation
Trusts” substitute “Monitor”.
283
Other duties to co-operate
(1)
Monitor and each relevant body must co-operate with each other in the
exercise of their respective functions.
15
(2)
The Care Quality Commission and each relevant body must co-operate with
each other in the exercise of their respective functions.
(3)
The relevant bodies are—
(a)
the National Health Service Commissioning Board,
(b)
the National Institute for Health and Care Excellence,
20
(c)
the Health and Social Care Information Centre, and
(d)
Special Health Authorities which have functions that are exercisable in
relation to England.
(4)
The Secretary of State may by order amend subsection (3) so as to add to the
list of relevant bodies a body that has functions relating to health.
25
(5)
Where Monitor or the Care Quality Commission regulates an activity of a
relevant body, the duty imposed by subsection (1) or (as the case may be)
subsection (2) does not apply to—
(a)
the exercise by Monitor or by the Commission of its function of
regulating that activity;
30
(b)
the exercise by the relevant body of any function in so far as it involves
carrying on that activity.
(6)
A reference in this section to regulating an activity includes a reference to—
(a)
authorising the carrying on of the activity, imposing restrictions on the
carrying on of the activity, and exercising functions in relation to such
35
authorisations or restrictions;
(b)
enforcing the performance of an obligation imposed (whether or not by
provision made by or under an enactment) with respect to the carrying
on of the activity;
(c)
issuing guidance on the carrying on of the activity, the authorisation of
40
the activity, restrictions on the activity, or the performance of obligation
imposed with respect to the carrying on of the activity.
(7)
For the purposes of this section and section 284, the functions of a Special
Health Authority include such functions as it is directed to exercise under

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section 7 of the National Health Service Act 2006 (directions by Secretary of
State).
(8)
References in this section and section 284 to functions are references to
functions so far as exercisable in relation to England.
284
Breaches of duties to co-operate
5
(1)
If the Secretary of State is of the opinion that bodies subject to a relevant co-
operation duty have breached or are breaching the duty, or are at significant
risk of breaching the duty, the Secretary of State may give a written notice of
the Secretary of State’s opinion to each body.
(2)
The relevant co-operation duties are—
10
(a)
the duty under section 281 (co-operation by Monitor with the Care
Quality Commission),
(b)
the duties under section 283(1) and (2),
(c)
the duty under section 70 of the Health and Social Care Act 2008 (co-
operation by the Care Quality Commission with Monitor),
15
(d)
any duties imposed by an enactment on relevant bodies to co-operate
with each other in the exercise of their respective functions.
(3)
The Secretary of State must publish each notice given under subsection (1) in
such form as the Secretary of State considers appropriate.
(4)
Subsection (5) applies if, having given a notice under subsection (1), the
20
Secretary of State is satisfied that—
(a)
the bodies concerned have breached or are continuing to breach the
duty or, the risk of a breach having materialised, are breaching the
duty, and
(b)
the breach is having a detrimental effect on the performance of the
25
health service (or, where the effect of the breach on the performance of
the health service is both beneficial and detrimental, its overall effect is
detrimental).
(5)
The Secretary of State may by order prohibit each body from exercising
specified functions, or from exercising specified functions in a specified
30
manner, unless the other body concerned agrees in writing that the body may
do so.
(6)
The power to make an order under subsection (5)—
(a)
may be exercised so as to specify different functions in relation to each
body, but
35
(b)
may not be exercised so as to prevent a body from complying with a
requirement imposed by or under an enactment or by a court or
tribunal.
(7)
In default of agreement as to the exercise of a function specified in an order
under subsection (5), a body may exercise the function in accordance with
40
provision determined by arbitration.
(8)
An order under subsection (5) must specify the period for which a prohibition
imposed by it has effect; and the period specified for that purpose may not
exceed one year beginning with the day on which the order comes into force.
(9)
But if the Secretary of State is satisfied that the breach is continuing to have a
45
detrimental effect (or an effect that overall is detrimental) on the performance

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of the health service, the Secretary of State may by order extend by one year the
period for which the prohibition for the time being has effect.
(10)
In this section, “the health service” means the comprehensive health service
continued under section 1(1) of the National Health Service Act 2006.
The Care Quality Commission
5
285
Requirement for Secretary of State to approve remuneration policy etc.
In paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees
of the Care Quality Commission), at the end insert—
    “(5)
Before making a determination as to remuneration, pensions,
allowances or gratuities for the purposes of sub-paragraph (3) or (4),
10
the Commission must obtain the approval of the Secretary of State to
its policy on that matter.”
286
Conduct of reviews etc. by Care Quality Commission
(1)
Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is
amended as follows.
15
(2)
In section 48 (special reviews and investigations)—
(a)
in subsection (1) after “may” insert “, with the approval of the Secretary
of State,”, and
(b)
after subsection (1) insert—
“(1A)
The Commission may conduct an investigation under this
20
section without the approval of the Secretary of State where the
Commission considers there to be a risk to the health, safety or
welfare of persons receiving health or social care.”
(3)
In section 54 (studies as to economy, efficiency etc.), in each of subsections (1)
and (3) after “may” insert “, with the approval of the Secretary of State,”.
25
(4)
In section 57 (reviews of data, studies and research), in subsection (1) after
“may” insert “, with the approval of the Secretary of State,”.
Arrangements with devolved authorities etc.
287
Arrangements between the Board and Northern Ireland Ministers
(1)
The National Health Service Commissioning Board may make arrangements
30
with a Northern Ireland Minister for the Board to commission services for the
purposes of the Northern Ireland health service.
(2)
Arrangements under this section may be on such terms and conditions as may
be agreed between the parties to the arrangements.
(3)
Those terms and conditions may include provision with respect to the making
35
of payments to the National Health Service Commissioning Board in respect of
the cost to it of giving effect to the arrangements.
(4)
In this section—
“commission” means arrange for the provision of,

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“Northern Ireland health service” means any of the health services under
any enactment which extends to Northern Ireland and which
corresponds to section 1(1) of the National Health Service Act 2006
(and, for that purpose, “enactment” includes subordinate legislation
(within the meaning of the Interpretation Act 1978) and Northern
5
Ireland legislation), and
“Northern Ireland Minister” includes the First Minister, the deputy First
Minister and a Northern Ireland department.
288
Arrangements between the Board and Scottish Ministers etc.
(1)
The National Health Service Commissioning Board may make arrangements
10
with the Scottish Ministers or a Scottish health body for the Board to
commission services for the purposes of the Scottish health service.
(2)
Arrangements under this section may be on such terms and conditions as may
be agreed between the parties to the arrangements.
(3)
Those terms and conditions may include provision with respect to the making
15
of payments to the National Health Service Commissioning Board in respect of
the cost to it of giving effect to the arrangements.
(4)
In this section—
“commission” means arrange for the provision of, and
“Scottish health body” means—
20
(a)
a Health Board or Special Health Board constituted under
section 2 of the National Health Service (Scotland) Act 1978, and
(b)
the Common Services Agency for the Scottish Health Service
constituted by section 10 of that Act.
289
Relationships between the health services
25
Schedule 22 (which amends enactments relating to the relationships between
the health services in the United Kingdom) has effect.
290
Advice or assistance to public authorities in the Isle of Man or Channel
Islands
(1)
The National Health Service Commissioning Board or a commissioning
30
consortium may provide advice or assistance to any public authority in the Isle
of Man or Channel Islands.
(2)
Advice or assistance under subsection (1) may be provided on such terms,
including terms as to payment, as the Board or (as the case may be) the
consortium considers appropriate.
35
Supervised community treatment
291
Certificate of consent of community patients to treatment
(1)
Part 4A of the Mental Health Act 1983 (treatment of community patients not
recalled to hospital) is amended as follows.
(2)
In section 64C (treatment of adult community patients), after subsection (4)
40