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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Duties as to improvement of public health
After section 2A of the National Health Service Act 2006 insert—
“2B
Functions of local authorities and Secretary of State as to improvement
of public health
(1)
Each local authority must take such steps as it considers appropriate for
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improving the health of the people in its area.
(2)
The Secretary of State may take such steps as the Secretary of State
considers appropriate for improving the health of the people of
England.
(3)
The steps that may be taken under subsection (1) or (2) include—
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(a)
providing information and advice;
(b)
providing services or facilities designed to promote healthy
living (whether by helping individuals to address behaviour
that is detrimental to health or in any other way);
(c)
providing services or facilities for the prevention, diagnosis or
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treatment of illness;
(d)
providing financial incentives to encourage individuals to
adopt healthier lifestyles;
(e)
providing assistance (including financial assistance) to help
individuals to minimise any risks to health arising from their
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accommodation or environment;
(f)
providing or participating in the provision of training for
persons working or seeking to work in the field of health
improvement;
(g)
making available the services of any person or any facilities.
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(4)
The steps that may be taken under subsection (1) also include
providing grants or loans (on such terms as the local authority
considers appropriate).
(5)
In this section, “local authority” means—
(a)
a county council in England;
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(b)
a district council in England, other than a council for a district
in a county for which there is a county council;
(c)
a London borough council;
(d)
the Council of the Isles of Scilly;
(e)
the Common Council of the City of London.”
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Duties of consortia as to commissioning certain health services
(1)
Section 3 of the National Health Service Act 2006 is amended as follows.
(2)
In subsection (1)—
(a)
for the words from the beginning to “reasonable requirements”
substitute “A commissioning consortium must arrange for the
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provision of the following to such extent as it considers necessary to
meet the reasonable requirements of the persons for whom it has
responsibility”, and
(b)
in each of paragraphs (d) and (e) for the words “as he considers”
substitute “as the consortium considers”.
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Health and Social Care Bill
Part 1 — The health service in England
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(3)
After that subsection insert—
“(1A)
For the purposes of this section, a commissioning consortium has
responsibility for persons who are provided with primary medical
services by a member of the consortium.
(1B)
Regulations may provide that for the purposes of this section a
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commissioning consortium also has responsibility (whether generally
or in relation to a prescribed service or facility) for persons who—
(a)
were provided with primary medical services by a person who
is or was a member of the consortium, or
(b)
have a prescribed connection with the consortium’s area.
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(1C)
Regulations may provide that subsection (1A) does not apply—
(a)
in relation to persons of a prescribed description (which may
include a description framed by reference to the primary
medical services with which the persons are provided);
(b)
in prescribed circumstances.
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(1D)
The duty in subsection (1) does not apply in relation to a service or
facility if the Board has a duty to arrange for its provision.”
(4)
Omit subsections (2) and (3).
(5)
For the heading to section 3 substitute “Duties of consortia as to commissioning
certain health services”.
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(6)
For the cross-heading preceding section 3 substitute “Arrangements for the
provision of certain health services”.
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Power of consortia as to commissioning certain health services
After section 3 of the National Health Service Act 2006 insert—
“3A
Power of commissioning consortia to commission certain health
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services
(1)
Each commissioning consortium may arrange for the provision of such
services or facilities as it considers appropriate for the purposes of the
health service that relate to securing improvement—
(a)
in the physical and mental health of the persons for whom it has
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responsibility, or
(b)
in the prevention, diagnosis and treatment of illness in those
persons.
(2)
A commissioning consortium may not arrange for the provision of a
service or facility under subsection (1) if the Board has a duty to arrange
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for its provision by virtue of section 3B or 4.
(3)
Subsections (1A) to (1C) of section 3 apply for the purposes of this
section as they apply for the purposes of that section.”

Health and Social Care Bill
Part 1 — The health service in England
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Power to require Board to commission certain health services
After section 3A of the National Health Service Act 2006 insert—
“3B
Secretary of State’s power to require Board to commission services
(1)
Regulations may require the Board to arrange, to such extent as it
considers necessary to meet all reasonable requirements, for the
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provision as part of the health service of—
(a)
dental services of a prescribed description;
(b)
services or facilities for members of the armed forces or their
families;
(c)
services or facilities for persons who are detained in a prison or
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in other accommodation of a prescribed description;
(d)
such other services or facilities as may be prescribed.
(2)
A service or facility may be prescribed under subsection (1)(d) only if
the Secretary of State considers that it would be appropriate for the
Board (rather than consortia) to arrange for its provision as part of the
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health service.
(3)
In deciding whether it would be so appropriate, the Secretary of State
must have regard to—
(a)
the number of individuals who require the provision of the
service or facility;
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(b)
the cost of providing the service or facility;
(c)
the number of persons able to provide the service or facility;
(d)
the financial implications for commissioning consortia if they
were required to arrange for the provision of the service or
facility.
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(4)
Before deciding whether to make regulations under this section, the
Secretary of State must—
(a)
obtain advice appropriate for that purpose, and
(b)
consult the Board.
(5)
The reference in subsection (1)(b) to members of the armed forces is a
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reference to persons who are members of—
(a)
the regular forces within the meaning of the Armed Forces Act
2006, or
(b)
the reserve forces within the meaning of that Act.”
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Secure psychiatric services
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(1)
Section 4 of the National Health Service Act 2006 (high security psychiatric
services) is amended as follows.
(2)
In subsection (1) for the words from the beginning to “duty to provide”
substitute “The Board must arrange for the provision of”.
(3)
In subsection (3)—
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(a)
after “may be provided” insert “—
(a)
”, and

Health and Social Care Bill
Part 1 — The health service in England
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(b)
after paragraph (a) insert “, and
(b)
only by a person approved by the Secretary of State for
the purposes of this subsection.”
(4)
After subsection (3) insert—
“(3A)
The Secretary of State may—
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(a)
give directions to a person who provides high security
psychiatric services about the provision by that person of those
services;
(b)
give directions to the Board about the exercise of its functions in
relation to high security psychiatric services.”
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13
Other services etc. provided as part of the health service
(1)
In section 5 of the National Health Service Act 2006 (other services) for “about
the Secretary of State and services under this Act” substitute “about the
provision of services for the purposes of the health service in England”.
(2)
Schedule 1 to that Act is amended as follows.
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(3)
In paragraph 1 (medical inspection of pupils)—
(a)
for “The Secretary of State” substitute “A local authority”, and
(b)
for “local authorities” substitute “the local authority”.
(4)
In paragraph 2—
(a)
in sub-paragraph (1)—
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(i)
for “The Secretary of State” substitute “A local authority”, and
(ii)
omit “, by arrangement with any local authority,”,
(b)
in sub-paragraph (2)—
(i)
for “The Secretary of State” substitute “A local authority”,
(ii)
after “educational establishment” insert “in its area”, and
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(iii)
for “a local authority” substitute “the local authority”, and
(c)
omit sub-paragraph (3).
(5)
In paragraph 4—
(a)
for “A local authority may not make an arrangement” substitute “A
local authority may not provide for any medical inspection or
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treatment”, and
(b)
for “the arrangement” substitute “the inspection or (as the case may be)
treatment”.
(6)
In paragraph 5—
(a)
omit sub-paragraph (1)(a) and the word “and” immediately following
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it,
(b)
in sub-paragraph (2) omit “local authority or”,
(c)
for “the Secretary of State” substitute “a local authority”, and
(d)
for “him” substitute “it”.
(7)
In paragraph 6 after “to 5” insert “—
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(a)
any reference to medical inspection or medical treatment
includes dental inspection or (as the case may be) dental
treatment; and
(b)
”.

Health and Social Care Bill
Part 1 — The health service in England
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(8)
In paragraph 7A (weighing and measuring of children)—
(a)
for “The Secretary of State” (in each place it occurs) substitute “A local
authority”,
(b)
in sub-paragraph (1) omit “, by arrangement with any local authority,”,
and
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(c)
in sub-paragraph (2) —
(i)
after “any school” insert “in its area”, and
(ii)
for “a local authority” substitute “the local authority”.
(9)
In paragraph 7B (regulations as to weighing and measuring of children)—
(a)
in sub-paragraph (1)(b) for “by the Secretary of State” substitute “by a
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local authority”, and
(b)
in sub-paragraph (1)(d) for “by the Secretary of State” substitute “by a
local authority”.
(10)
After paragraph 7B insert—
“Supply of blood and other human tissues
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7C
The Secretary of State must for the purposes of the health service
make arrangements for—
(a)
collecting, screening, analysing, processing and supplying
blood or other tissues,
(b)
preparing blood components and reagents, and
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(c)
facilitating tissue and organ transplantation.”
(11)
In paragraph 9 (provision of vehicles for disabled persons)—
(a)
the existing text becomes sub-paragraph (1),
(b)
in that sub-paragraph—
(i)
for “The Secretary of State may provide” substitute “A
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commissioning consortium may make arrangements for the
provision of”, and
(ii)
for “persons appearing to him to be persons who have a
physical impairment” substitute “persons for whom the
consortium has responsibility and who appear to it to have a
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physical impairment”, and
(c)
after that sub-paragraph insert—
    “(2)
Subsections (1A) to (1C) of section 3 apply for the purposes of
sub-paragraph (1) as they apply for the purposes of that
section.”
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(12)
In paragraph 10—
(a)
in sub-paragraph (1)(a) after “provided” insert “in pursuance of
arrangements made”,
(b)
in sub-paragraph (2) —
(i)
for “The Secretary of State may” substitute “The commissioning
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consortium may make arrangements for”,
(ii)
in paragraph (a) for “adapt” substitute “the adaptation of”,
(iii)
in paragraph (b) for “maintain and repair” substitute “the
maintenance and repair of”,
(iv)
in paragraph (c) for “take out” substitute “the taking out of”,
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(v)
in that paragraph for “pay” substitute “the payment of”,

Health and Social Care Bill
Part 1 — The health service in England
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(vi)
in paragraph (d) for “provide” (in each place it occurs)
substitute “the provision of”, and
(vii)
in that paragraph for “execute” substitute “the execution of”,
(c)
in sub-paragraph (3) for “The Secretary of State” substitute “A
commissioning consortium”, and
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(d)
in sub-paragraph (5) for “the Secretary of State” substitute “the
commissioning consortium”.
(13)
In paragraph 12 (provision of a microbiological service)—
(a)
in sub-paragraph (1)—
(i)
omit paragraph (a) and the word “and” immediately following
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it,
(ii)
in paragraph (b) omit “other”, and
(iii)
in that paragraph for “that service” substitute “a
microbiological service provided under section 2A”, and
(b)
omit sub-paragraph (2).
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(14)
For paragraph 13 and the cross-heading preceding it substitute—
“Powers in relation to research etc.
“13   (1)
The Secretary of State, the Board or a commissioning consortium
may conduct, commission or assist the conduct of research into—
(a)
any matters relating to the causation, prevention, diagnosis
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or treatment of illness, and
(b)
any such other matters connected with any service provided
under this Act as the Secretary of State, the Board or the
consortium (as the case may be) considers appropriate.
      (2)
A local authority may conduct, commission or assist the conduct of
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research for any purpose connected with the exercise of its functions
in relation to the health service.
      (3)
The Secretary of State, the Board, a commissioning consortium or a
local authority may for any purpose connected with the exercise of
its functions in relation to the health service—
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(a)
obtain and analyse data or other information;
(b)
obtain advice from persons with appropriate professional
expertise.
      (4)
The power under sub-paragraph (1) or (2) to assist any person to
conduct research includes power to do so by providing financial
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assistance or making the services of any person or other resources
available.
      (5)
In this paragraph, “local authority” has the same meaning as in
section 2B.”