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

34

 

14X     

Power of Board to provide assistance or support

(1)   

The Board may provide assistance or support to a commissioning

consortium.

(2)   

The assistance that may be provided includes—

(a)   

financial assistance, and

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(b)   

making the services of the Board’s employees or any other

resources of the Board available to the consortium.

(3)   

Assistance or support provided under this section may be provided on

such terms and conditions, including terms as to payment, as the Board

considers appropriate.

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(4)   

The Board may, in particular, impose restrictions on the use of any

financial or other assistance or support provided under this section.

(5)   

A commissioning consortium must comply with any restrictions

imposed under subsection (4).

Commissioning plans and reports

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14Y     

Commissioning plan

(1)   

Before the start of each relevant period, a commissioning consortium

must prepare a plan setting out how it proposes to exercise its functions

in that period.

(2)   

In subsection (1), “relevant period”, in relation to a commissioning

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consortium, means—

(a)   

the period which —

(i)   

begins on such day during the first financial year of the

consortium as the Board may direct, and

(ii)   

ends at the end of that financial year, and

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(b)   

each subsequent financial year.

(3)   

The plan must, in particular, explain how the consortium proposes to

discharge its duties under—

(a)   

section 14L, and

(b)   

sections 223I to 223K.

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(4)   

In preparing the plan, the commissioning consortium must consult

each relevant Health and Wellbeing Board about its views on whether

the plan takes proper account of the most recent joint health and

wellbeing strategy published by the Health and Wellbeing Board (by

virtue of section 193 of the Health and Social Care Act 2011).

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(5)   

Where a Health and Wellbeing Board is consulted under subsection

(4)—

(a)   

the Health and Wellbeing Board must give the consortium its

opinion on whether the plan takes proper account of the most

recent strategy, and

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(b)   

the consortium must include a statement of the Health and

Wellbeing Board’s opinion in the plan.

 
 

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

35

 

(6)   

Where a Health and Wellbeing Board is consulted under subsection (4)

it may also give the Board its opinion on the matter mentioned in

subsection (5)(a).

(7)   

The commissioning consortium must publish the plan.

(8)   

The commissioning consortium must give a copy of the plan to the

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Board before the date specified by the Board in a direction.

(9)   

The commissioning consortium must give a copy of the plan to each

relevant Health and Wellbeing Board.

(10)   

The commissioning consortium may revise the plan.

(11)   

If the consortium proposes to revise the plan so as to make changes

10

which it considers significant, subsections (4), (5)(a) and (6) apply in

relation to the revision of the plan as they apply in relation to its

preparation.

(12)   

If the consortium revises the plan so as to make changes which it

considers significant, subsections (5)(b) and (7) to (9) apply in relation

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to the revised plan as they apply in relation to the plan.

(13)   

If the consortium revises the plan in any other way the consortium

must—

(a)   

publish a document setting out the changes it has made to the

plan, and

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(b)   

give a copy of the document to the Board and each relevant

Health and Wellbeing Board.

(14)   

The Board may publish guidance for commissioning consortia on the

discharge of their functions by virtue of subsections (10) to (13).

(15)   

A commissioning consortium must have regard to any guidance

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published by the Board under subsection (14).

(16)   

In this section, “relevant Health and Wellbeing Board” means a Health

and Wellbeing Board established by a local authority whose area

coincides with, or includes the whole or any part of, the area of the

consortium.

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14Z     

Reports by commissioning consortia

(1)   

In each financial year other than its first financial year, a commissioning

consortium must prepare a report (an “annual report”) on how it has

discharged its functions in the previous financial year.

(2)   

An annual report must, in particular, explain how the commissioning

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consortium has discharged its duty under sections 14L and 14P.

(3)   

The Board may give directions to commissioning consortia as to the

form and content of an annual report.

(4)   

A commissioning consortium must give a copy of its annual report to

the Board before the date specified by the Board in a direction.

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(5)   

A commissioning consortium must—

(a)   

publish its annual report, and

(b)   

hold a meeting for the purpose of presenting the report to

members of the public.

 
 

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

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Performance assessment of consortia

14Z1    

Performance assessment of consortia

(1)   

The Board must conduct a performance assessment of each

commissioning consortium in respect of each financial year.

(2)   

A performance assessment is an assessment of how well the

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consortium has discharged its functions during that year.

(3)   

The assessment must, in particular, include an assessment of how well

the consortium has discharged its duties under—

(a)   

section 14L, and

(b)   

sections 223I to 223K.

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(4)   

The Board must, in particular, have regard to—

(a)   

any document published by the Secretary of State for the

purposes of this section, and

(b)   

any guidance published under section 14V.

(5)   

The Board must publish a report in respect of each financial year

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containing a summary of the results of each performance assessment

conducted by the Board in respect of that year.

Powers to require information etc.

14Z2    

Circumstances in which powers in sections 14Z3 and 14Z4 apply

(1)   

Sections 14Z3 and 14Z4 apply where the Board has reason to believe—

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(a)   

that the area of a commissioning consortium is no longer

appropriate, or

(b)   

that a commissioning consortium might have failed, might be

failing or might fail to discharge any of its functions.

(2)   

Any reference in subsection (1) to failure to discharge a function

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includes a reference to failure to discharge it properly.

14Z3    

Power to require documents and information etc.

(1)   

Where this section applies, the Board may require a person mentioned

in subsection (2) to provide to the Board any information, documents,

records or other items that the Board considers it necessary or

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expedient to have for the purposes of any of its functions in relation to

the commissioning consortium.

(2)   

The persons mentioned in this subsection are—

(a)   

the commissioning consortium if it has possession or control of

the item in question;

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(b)   

any member or employee of the consortium who has possession

or control of the item in question.

(3)   

A person must comply with a requirement imposed under subsection

(1).

(4)   

The power conferred by subsection (1) includes power to require that

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any information, documents or records kept by means of a computer be

provided in legible form.

 
 

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

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(5)   

The power conferred by subsection (1) does not include power to

require the provision of personal records.

(6)   

In subsection (5), “personal records” has the meaning given by section

12 of the Police and Criminal Evidence Act 1984.

14Z4    

Power to require explanation

5

(1)   

Where this section applies, the Board may require the commissioning

consortium to provide it with an explanation of any matter which

relates to the exercise by the consortium of any of its functions,

including an explanation of how the consortium is proposing to

exercise any of its functions.

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(2)   

The Board may require the explanation to be given—

(a)   

orally at such time and place as the Board may specify, or

(b)   

in writing.

(3)   

The commissioning consortium must comply with a requirement

imposed under subsection (1).

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14Z5    

Use of information

Any information, documents, records or other items that are obtained

by the Board in pursuance of section 14Z3 or 14Z4 may be used by the

Board in connection with any of its functions in relation to

commissioning consortia.

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Intervention powers

14Z6    

Power to give directions, dissolve consortium etc.

(1)   

This section applies if the Board is satisfied that—

(a)   

a commissioning consortium is failing or has failed to discharge

any of its functions, or

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(b)   

there is a significant risk that a commissioning consortium will

fail to do so.

(2)   

The Board may direct the consortium to discharge such of those

functions, and in such manner and within such period or periods, as

may be specified in the direction.

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(3)   

The Board may direct—

(a)   

the consortium, or

(b)   

the accountable officer of the consortium,

   

to cease to perform any functions for such period or periods as may be

specified in the direction.

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(4)   

The Board may—

(a)   

terminate the appointment of the consortium’s accountable

officer, and

(b)   

appoint another person to be its accountable officer.

(5)   

Paragraph 9(4) of Schedule 1A does not apply to an appointment under

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subsection (4)(b).

(6)   

The Board may vary the constitution of the consortium, including

doing so by—

 
 

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

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(a)   

varying its area,

(b)   

adding any person who is a provider of medical services to the

list of members, or

(c)   

removing any person from that list.

(7)   

The Board may dissolve the consortium.

5

(8)   

Where a direction is given under subsection (3) the Board may—

(a)   

exercise any of the functions that are the subject of the direction

on behalf of the consortium or (as the case may be) the

accountable officer;

(b)   

direct another consortium or (as the case may be) the

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accountable officer of another consortium to perform any of

those functions on behalf of the consortium or (as the case may

be) the accountable officer, in such manner and within such

period or periods as may be specified in the directions.

(9)   

A commissioning consortium to which a direction is given under

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subsection (3) must—

(a)   

where the Board exercises a function of the consortium under

subsection (8)(a), co-operate with the Board, and

(b)   

where a direction is given under subsection (8)(b) to another

commissioning consortium or to the accountable officer of

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another commissioning consortium, co-operate with the other

consortium or (as the case may be) the accountable officer.

(10)   

Before exercising the power conferred by subsection (8)(b) the Board

must consult the consortium to which it is proposing to give the

direction.

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(11)   

Where the Board exercises a power conferred by subsection (6) or (7),

the Board may make a property transfer scheme or a staff transfer

scheme.

(12)   

In subsection (11), “property transfer scheme” and “staff transfer

scheme” have the same meaning as in section 14I.

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(13)   

Part 3 of Schedule 1A applies in relation to a property transfer scheme

or a staff transfer scheme under subsection (11) as it applies in relation

to a property transfer scheme or (as the case may be) a staff transfer

scheme under section 14I(1).

(14)   

Any reference in subsection (1) to failure to discharge a function

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includes a reference to failure to discharge it properly.

Procedural requirements in connection with certain powers

14Z7    

Procedural requirements in connection with certain powers

(1)   

Before exercising the power to dissolve a consortium under section

14Z6(7) the Board must consult the following persons—

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(a)   

the commissioning consortium,

(b)   

relevant local authorities, and

(c)   

any other persons the Board considers it appropriate to consult.

(2)   

For that purpose, the Board must provide those persons with a

statement—

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

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(a)   

explaining that it is proposing to exercise the power, and

(b)   

giving its reasons for doing so.

(3)   

After consulting those persons (and before exercising the power), the

Board must publish a report containing its response to the consultation.

(4)   

If the Board decides to exercise the power, the report must, in

5

particular, explain its reasons for doing so.

(5)   

Regulations may make provision as to the procedure to be followed by

the Board before the exercise of the powers conferred by sections 14Z3,

14Z4 and 14Z6.

(6)   

The Board must publish guidance as to how it proposes to exercise the

10

powers conferred by those sections.

(7)   

For the purposes of subsection (1) a local authority is a relevant local

authority if its area coincides with, or includes the whole or any part of,

the area of the consortium.

Disclosure of information

15

14Z8    

Permitted disclosures of information

(1)   

A commissioning consortium may disclose information obtained by it

in the exercise of its functions if—

(a)   

the information has previously been lawfully disclosed to the

public,

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(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

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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

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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 consortium’s functions,

(g)   

the disclosure is made in connection with the investigation of a

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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

14Z9    

Interpretation

In this Chapter—

 
 

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

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“financial year”, in relation to a commissioning consortium,

includes the period which begins on the day the consortium is

established and ends on the following 31 March;

“the health service” means the health service in England.”

23      

Financial arrangements for consortia

5

After section 223G of the National Health Service Act 2006 insert—

“Commissioning consortia

223H    

Means of meeting expenditure of commissioning consortia out of

public funds

(1)   

The Board must pay in respect of each financial year to each

10

commissioning consortium sums not exceeding the amount allotted for

that year by the Board to the consortium towards meeting the

expenditure of the consortium which is attributable to the performance

by it of its functions in that year.

(2)   

In determining the amount to be allotted to a consortium for any year,

15

the Board may take into account—

(a)   

the expenditure of the consortium during any previous

financial year, and

(b)   

the amount that it proposes to hold, during the year to which

the allotment relates, in any contingency fund established

20

under section 223G.

(3)   

An amount is allotted to a consortium for a year under this section

when the consortium is notified in writing by the Board that the

amount is allotted to it for that year.

(4)   

The Board may make a new allotment under this section increasing or

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reducing an allotment previously so made.

(5)   

Where the Board allots an amount to a consortium or makes a new

allotment under subsection (4), it must notify the Secretary of State.

(6)   

The Board may give directions to a commissioning consortium with

respect to—

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(a)   

the application of sums paid to it by virtue of a new allotment

increasing an allotment previously so made, and

(b)   

the payment of sums by it to the Board in respect of charges or

other sums referable to the valuation or disposal of assets.

(7)   

Sums falling to be paid to commissioning consortia under this section

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are payable subject to such conditions as to records, certificates or

otherwise as the Board may determine.

(8)   

In this section and sections 223I to 223L “financial year” includes the

period which begins on the day the consortium is established and ends

on the following 31 March.

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223I    

Financial duties of commissioning consortia: general

(1)   

Each commissioning consortium must, in respect of each financial year,

perform its functions so as to ensure that its expenditure which is

 
 

 
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Revised 1 April 2011