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
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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
5
(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.
10
(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
15
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
20
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.
30
(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.

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(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
5
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
15
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
20
(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
25
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
35
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.

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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
5
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.
10
(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
15
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—
20
(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
25
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
40
any information, documents or records kept by means of a computer be
provided in legible form.

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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.
10
(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
25
(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
40
subsection (4)(b).
(6)
The Board may vary the constitution of the consortium, including
doing so by—

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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
10
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
15
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.
30
(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
35
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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(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,
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 consortium’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
14Z9
Interpretation
In this Chapter—

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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
25
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—
30
(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
35
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