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

41

 

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

specified consortium, or

(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

purposes.

(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

into account;

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,

be taken into account.

(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

types of expenditure

(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

 
 

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

42

 

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

subsection (1) or (2).

(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

223H.

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

well during that year.

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,

less

(b)   

the amount of any advance payments made to the consortium

during that year.

(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)).

(5)   

The Board may—

(a)   

make a deduction from a payment that the Board decides to

make under subsection (1) in respect of a subsequent financial

35

year, or

(b)   

make deductions from more than one such payment.

(6)   

The maximum amount that may (in total) be deducted under

subsection (5) is—

(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

payments, and

(b)   

in any other case, the difference between the amount of any

advance payments and the amount determined by the Board

under subsection (3)(a).

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

43

 

(7)   

A commissioning consortium may distribute any payments received

by it under this section among its members in such proportions as it

considers appropriate.”

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

performed.

(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

there.

(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

of subsection (1A)(b)—

(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—

 
 

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

44

 

(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

consortium;

(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

constitution).

(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

performed.

(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

involved.

30

(3E)   

The regulations may require an individual appointed for the purposes

of subsection (3A)(b)—

(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

authority”,

(b)   

in subsection (2)—

(i)   

for “Primary Care Trust” (in each place where it occurs)

substitute “local authority”, and

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

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

section 2B.”

5

(3)   

In section 249 (joint working with the prison service) after subsection (4)

insert—

“(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

6C,

(c)   

anything done by the authority in pursuance of arrangements

20

under section 7A,

(d)   

the exercise by the authority of any of its functions that relate to

planning for, or responding to, emergencies involving a risk to

public health,

(e)   

the functions of the authority under section 325 of the Criminal

25

Justice Act 2003, and

(f)   

such other functions relating to public health as may be

prescribed.

(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

director under—

(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;

 
 

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

46

 

(d)   

report to the Secretary of State on the action it has taken in

pursuance of a direction given under any of the preceding

paragraphs.

(5)   

A local authority may terminate the appointment of its director of

public health.

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

provision

(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

6C,

20

(c)   

anything done by the authority in pursuance of arrangements

under section 7A,

(d)   

the functions of the authority under section 325 of the Criminal

Justice Act 2003, and

(e)   

such other functions relating to public health as may be

25

prescribed.

(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

authority.

(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.

 
 

 
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Revised 1 April 2011