|
| |
|
attributable to the performance by it of its functions in that year does |
| |
not exceed the aggregate of— |
| |
(a) | the amount allotted to it for that year under section 223H, |
| |
(b) | any sums received by it in that year under any provision of this |
| |
Act (other than sums received by it under section 223H), and |
| 5 |
(c) | any sums received by it in that year otherwise than under this |
| |
Act for the purpose of enabling it to defray such expenditure. |
| |
(2) | The Board may by directions determine— |
| |
(a) | whether specified sums must, or must not, be treated for the |
| |
purposes of this section as received by a specified consortium, |
| 10 |
(b) | whether specified expenditure must, or must not, be treated for |
| |
those purposes as expenditure within subsection (1) of a |
| |
| |
(c) | the extent to which, and the circumstances in which, sums |
| |
received by a consortium under section 223H but not yet spent |
| 15 |
must be treated for the purposes of this section as part of the |
| |
expenditure of the consortium, and to which financial year’s |
| |
expenditure they must be attributed. |
| |
(3) | The Secretary of State may by directions require a commissioning |
| |
consortium to use specified banking facilities for any specified |
| 20 |
| |
(4) | In this section, “specified” means specified in the directions. |
| |
223J | Financial duties of commissioning consortia: use of resources |
| |
(1) | A commissioning consortium must ensure that the use of its resources |
| |
in a financial year does not exceed the amount specified for it in relation |
| 25 |
to that year by the Board. |
| |
(2) | The Board may vary the amount specified by it under this section. |
| |
(3) | For the purposes of subsection (1) the Board may give directions— |
| |
(a) | specifying uses of resources which must, or must not, be taken |
| |
| 30 |
(b) | making provision for determining to which consortium certain |
| |
uses of resources must be attributed; |
| |
(c) | specifying descriptions of resources which must, or must not, |
| |
| |
(4) | In this section, a reference to the use of resources is a reference to their |
| 35 |
expenditure, consumption or reduction in value. |
| |
223K | Financial duties of commissioning consortia: restriction on certain |
| |
| |
(1) | A commissioning consortium must ensure that its capital expenditure |
| |
in respect of a financial year does not exceed such sum as the Board |
| 40 |
may specify in relation to that year. |
| |
(2) | A commissioning consortium must ensure that its revenue expenditure |
| |
in respect of a financial year does not exceed such sum as the Board |
| |
may specify in relation to that year. |
| |
(3) | A commissioning consortium must ensure that its expenditure in |
| 45 |
respect of a financial year on prescribed matters relating to |
| |
|
| |
|
| |
|
administration does not (in total) exceed such sum as the Board may |
| |
specify in relation to that year. |
| |
(4) | The Board may vary any sum specified for the purposes of this section. |
| |
(5) | The Board may by directions determine whether expenditure by a |
| |
consortium of a description specified in the directions must, or must |
| 5 |
not, be treated for the purposes of this section as expenditure within |
| |
| |
(6) | For the purposes of this section, expenditure is to be disregarded if it is |
| |
met otherwise than from sums paid to the consortium under section |
| |
| 10 |
223L | Payments in respect of performance |
| |
(1) | The Board may, after the end of a financial year, make a payment to a |
| |
commissioning consortium if, in the light of an assessment carried out |
| |
under section 14Z1, it considers that the consortium has performed |
| |
| 15 |
(2) | The Board may make one or more payments (“advance payments”) to |
| |
a commissioning consortium before the end of a financial year if it |
| |
considers that the consortium is likely to perform well during that year. |
| |
(3) | The amount of a payment under subsection (1) is to be— |
| |
(a) | the amount that the Board considers to be appropriate in the |
| 20 |
light of the consortium’s performance during the financial year, |
| |
| |
(b) | the amount of any advance payments made to the consortium |
| |
| |
(4) | Subsection (5) applies if— |
| 25 |
(a) | any advance payments are made to a commissioning |
| |
consortium during a financial year, but |
| |
(b) | no payment is made to the consortium under subsection (1) in |
| |
respect of that year (whether because the Board decided not to |
| |
make such a payment or because the amount of any advance |
| 30 |
payments was equal to or exceeded the amount determined by |
| |
the Board under subsection (3)(a)). |
| |
| |
(a) | make a deduction from a payment that the Board decides to |
| |
make under subsection (1) in respect of a subsequent financial |
| 35 |
| |
(b) | make deductions from more than one such payment. |
| |
(6) | The maximum amount that may (in total) be deducted under |
| |
| |
(a) | in a case where the Board decided not to make a payment to the |
| 40 |
consortium under subsection (1), the amount of any advance |
| |
| |
(b) | in any other case, the difference between the amount of any |
| |
advance payments and the amount determined by the Board |
| |
| 45 |
|
| |
|
| |
|
(7) | A commissioning consortium may distribute any payments received |
| |
by it under this section among its members in such proportions as it |
| |
| |
24 | Requirement for primary medical services provider to belong to consortium |
| |
(1) | In section 89 of the National Health Service Act 2006 (general medical services |
| 5 |
contracts: required terms), after subsection (1) insert— |
| |
“(1A) | Regulations under subsection (1) may in particular make provision— |
| |
(a) | for requiring a contractor who provides services of a prescribed |
| |
description (a “relevant contractor”) to be a member of a |
| |
commissioning consortium; |
| 10 |
(b) | as to arrangements for securing that a relevant contractor |
| |
appoints one individual to act on its behalf in the dealings |
| |
between it and the consortium to which it belongs; |
| |
(c) | for imposing requirements with respect to those dealings on the |
| |
individual appointed for the purposes of paragraph (b); |
| 15 |
(d) | for requiring a relevant contractor, in doing anything pursuant |
| |
to the contract, to act with a view to enabling the consortium to |
| |
which it belongs to discharge its functions (including its |
| |
obligation to act in accordance with its constitution). |
| |
(1B) | Provision by virtue of subsection (1A)(a) may in particular describe |
| 20 |
services by reference to the manner or circumstances in which they are |
| |
| |
(1C) | In the case of a contract entered into by two or more individuals |
| |
practising in partnership— |
| |
(a) | regulations making provision under subsection (1A)(a) may |
| 25 |
make provision for requiring each partner to secure that the |
| |
partnership is a member of the consortium; |
| |
(b) | regulations making provision under subsection (1A)(b) may |
| |
make provision as to arrangements for securing that the |
| |
partners make the appointment; |
| 30 |
(c) | regulations making provision under subsection (1A)(d) may |
| |
make provision for requiring each partner to act as mentioned |
| |
| |
(1D) | Regulations making provision under subsection (1A) for the case of a |
| |
contract entered into by two or more individuals practising in |
| 35 |
partnership may make provision as to the effect of a change in the |
| |
membership of the partnership. |
| |
(1E) | The regulations may require an individual appointed for the purposes |
| |
| |
(a) | to be a member of a profession regulated by a body mentioned |
| 40 |
in section 25(3) of the National Health Service Reform and |
| |
Health Care Professions Act 2002, and |
| |
(b) | to meet such other conditions as may be prescribed.” |
| |
(2) | In section 94 of that Act (regulations about arrangements under section 92 of |
| |
that Act for provision of primary medical services), after subsection (3) insert— |
| 45 |
“(3A) | Regulations under subsection (3)(d) may— |
| |
|
| |
|
| |
|
(a) | require a person who provides services of a prescribed |
| |
description in accordance with section 92 arrangements (a |
| |
“relevant provider”) to be a member of a commissioning |
| |
| |
(b) | make provision as to arrangements for securing that a relevant |
| 5 |
provider appoints one individual to act on its behalf in dealings |
| |
between it and the consortium to which it belongs; |
| |
(c) | impose requirements with respect to those dealings on the |
| |
individual appointed for the purposes of paragraph (b); |
| |
(d) | require a relevant provider, in doing anything pursuant to |
| 10 |
section 92 arrangements, to act with a view to enabling the |
| |
consortium to which it belongs to discharge its functions |
| |
(including its obligation to act in accordance with its |
| |
| |
(3B) | Provision by virtue of subsection (3A)(a) may in particular describe |
| 15 |
services by reference to the manner or circumstances in which they are |
| |
| |
(3C) | In the case of an agreement made with two or more persons— |
| |
(a) | regulations making provision under subsection (3A)(a) may |
| |
require each person to secure that the persons collectively are a |
| 20 |
member of the consortium; |
| |
(b) | regulations making provision under subsection (3A)(b) may |
| |
make provision as to arrangements for securing that the |
| |
persons collectively make the appointment; |
| |
(c) | regulations making provision under subsection (3A)(d) may |
| 25 |
require each person to act as mentioned there. |
| |
(3D) | Regulations making provision under subsection (3A) for the case of an |
| |
agreement made with two or more persons may make provision as to |
| |
the effect of a change in the composition of the group of persons |
| |
| 30 |
(3E) | The regulations may require an individual appointed for the purposes |
| |
| |
(a) | to be a member of a profession regulated by a body mentioned |
| |
in section 25(3) of the National Health Service Reform and |
| |
Health Care Professions Act 2002, and |
| 35 |
(b) | to meet such other conditions as may be prescribed.” |
| |
Further provision about local authorities’ role in the health service |
| |
25 | Other health service functions of local authorities under the 2006 Act |
| |
(1) | The National Health Service Act 2006 (c. 41) is amended as follows. |
| |
(2) | In section 111 (dental public health)— |
| 40 |
(a) | in subsection (1) for “A Primary Care Trust” substitute “A local |
| |
| |
| |
(i) | for “Primary Care Trust” (in each place where it occurs) |
| |
substitute “local authority”, and |
| 45 |
|
| |
|
| |
|
(ii) | in paragraph (b) for “other Primary Care Trusts” substitute |
| |
“other local authorities”, and |
| |
(c) | after subsection (2) insert— |
| |
“(3) | In this section, “local authority” has the same meaning as in |
| |
| 5 |
(3) | In section 249 (joint working with the prison service) after subsection (4) |
| |
| |
“(4A) | For the purposes of this section, each local authority (within the |
| |
meaning of section 2B) is to be treated as an NHS body.” |
| |
26 | Appointment of directors of public health |
| 10 |
In Part 3 of the National Health Service Act 2006 (local authorities and the |
| |
NHS) before section 74 insert— |
| |
“73A | Appointment of directors of public health |
| |
(1) | Each local authority must, acting jointly with the Secretary of State, |
| |
appoint an individual to have responsibility for — |
| 15 |
(a) | the exercise by the authority of its functions under section 2B, |
| |
111 or 249 or Schedule 1, |
| |
(b) | the exercise by the authority of its functions by virtue of section |
| |
| |
(c) | anything done by the authority in pursuance of arrangements |
| 20 |
| |
(d) | the exercise by the authority of any of its functions that relate to |
| |
planning for, or responding to, emergencies involving a risk to |
| |
| |
(e) | the functions of the authority under section 325 of the Criminal |
| 25 |
| |
(f) | such other functions relating to public health as may be |
| |
| |
(2) | The individual so appointed is to be an officer of the local authority and |
| |
is to be known as its director of public health. |
| 30 |
(3) | Subsection (4) applies if the Secretary of State— |
| |
(a) | considers that the director has failed or might have failed to |
| |
discharge (or to discharge properly) the responsibilities of the |
| |
| |
(i) | subsection (1)(b), or |
| 35 |
(ii) | subsection (1)(c) where the arrangements relate to the |
| |
Secretary of State’s functions under section 2A, and |
| |
(b) | has consulted the local authority. |
| |
(4) | The Secretary of State may direct the local authority to— |
| |
(a) | review how the director has discharged the responsibilities |
| 40 |
mentioned in subsection (3)(a); |
| |
(b) | investigate whether the director has failed to discharge (or to |
| |
discharge properly) those responsibilities; |
| |
(c) | consider taking any steps specified in the direction; |
| |
|
| |
|
| |
|
(d) | report to the Secretary of State on the action it has taken in |
| |
pursuance of a direction given under any of the preceding |
| |
| |
(5) | A local authority may terminate the appointment of its director of |
| |
| 5 |
(6) | Before terminating the appointment of its director of public health, a |
| |
local authority must consult the Secretary of State. |
| |
(7) | In this section, “local authority” has the same meaning as in section 2B.” |
| |
27 | Exercise of public health functions of local authorities |
| |
In Part 3 of the National Health Service Act 2006 after section 73A insert— |
| 10 |
“73B | Exercise of public health functions of local authorities: further |
| |
| |
(1) | A local authority must, in the exercise of any functions mentioned in |
| |
subsection (2), have regard to any document published by the Secretary |
| |
of State for the purposes of this section. |
| 15 |
(2) | The functions mentioned in this subsection are— |
| |
(a) | the exercise by the authority of its functions under section 2B, |
| |
111 or 249 or Schedule 1, |
| |
(b) | the exercise by the authority of its functions by virtue of section |
| |
| 20 |
(c) | anything done by the authority in pursuance of arrangements |
| |
| |
(d) | the functions of the authority under section 325 of the Criminal |
| |
| |
(e) | such other functions relating to public health as may be |
| 25 |
| |
(3) | The Secretary of State may give guidance to local authorities as to the |
| |
exercise of any functions mentioned in subsection (2). |
| |
(4) | The director of public health for a local authority must prepare an |
| |
annual report on the health of the people in the area of the local |
| 30 |
| |
(5) | The local authority must publish the report. |
| |
(6) | In this section, “local authority” has the same meaning as in section 2B.” |
| |
Abolition of Strategic Health Authorities and Primary Care Trusts |
| |
28 | Abolition of Strategic Health Authorities |
| 35 |
(1) | The Strategic Health Authorities continued in existence or established under |
| |
section 13 of the National Health Service Act 2006 are abolished. |
| |
(2) | Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed. |
| |
|
| |
|