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
54

(3)
In the case of a termination proposal, the proposer must consult the
Secretary of State and the water undertaker who entered into the
arrangements as to whether it would be reasonably practicable to
terminate the arrangements.
(4)
Each person consulted under subsection (2) or (3) must give the
5
proposer its opinion on the matter mentioned in that subsection.
(5)
The proposer must notify the Secretary of State of the opinion of each
water undertaker consulted under subsection (2) or (3).
(6)
If the Secretary of State informs the proposer that the Secretary of State
is of the opinion that the arrangements as varied would not be operable
10
and efficient or (as the case may be) that it would not be reasonably
practicable to terminate the arrangements, no further steps may be
taken in relation to the proposal.
88K
Additional requirements where other local authorities affected
(1)
This section applies where—
15
(a)
a variation or termination proposal is made,
(b)
the Secretary of State is of the opinion that the arrangements as
varied would be operable and efficient or (as the case may be)
that it would be reasonably practicable to terminate the
arrangements,
20
(c)
one or more local authorities other than the proposer are
affected by the proposal, and
(d)
the proposer wishes to take further steps in relation to the
proposal.
(2)
The proposer must notify any other local authority which is affected by
25
the proposal.
(3)
The proposer must make arrangements for enabling the authorities
affected by the proposal to decide whether further steps should be
taken in relation to the proposal.
(4)
The Secretary of State may by regulations provide that the duty in
30
subsection (3) does not apply in prescribed circumstances.
(5)
The duty in subsection (3) does not apply in relation to a termination
proposal if the Secretary of State so directs by an instrument in writing
(and such a direction may apply generally or in relation to a particular
proposal).
35
(6)
The Secretary of State must by regulations—
(a)
make provision as to the arrangements which must be made for
the purposes of subsection (3), and
(b)
prescribe conditions, with respect to the outcome of the
arrangements, which must be satisfied before any further steps
40
may be taken in relation to the proposal.
88L
Decision on variation or termination proposal
(1)
This section applies where—
(a)
a variation or termination proposal is made,
(b)
the Secretary of State is of the opinion that the arrangements
45
which would result from implementing the proposal would be

Health and Social Care Bill
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operable and efficient or (as the case may be) that it would be
reasonably practicable to terminate the arrangements,
(c)
in a case where the duty in section 88K(3) applies, the
conditions prescribed under subsection (6)(b) of that section are
satisfied, and
5
(d)
the proposer wishes to take further steps in relation to the
proposal.
(2)
The proposer must comply with such requirements as may be
prescribed in regulations made by the Secretary of State as to the steps
to be taken for the purposes of consulting and ascertaining opinion in
10
relation to the proposal.
(3)
The Secretary of State may by regulations provide that the duty in
subsection (2) does not apply in prescribed circumstances.
(4)
The duty in subsection (2) does not apply in relation to a termination
proposal if the Secretary of State so directs by an instrument in writing
15
(and such a direction may apply generally or in relation to a particular
termination proposal).
(5)
The proposer of a variation proposal may (after any requirements
imposed by regulations under subsection (2) have been complied with)
modify the proposal.
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(6)
But, except in circumstances prescribed in regulations by the Secretary
of State, the proposal may not be modified so as to propose the
extension of the boundary of the area specified in the arrangements or,
if the proposal is that the arrangements be varied so as to extend the
boundary, may not be modified so as to propose a further extension of
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it.
(7)
The proposer must (after any requirements imposed by regulations
under subsection (2) have been complied with) decide whether to
request the Secretary of State to request the water undertaker to vary
the arrangements or (as the case may be) to give notice under section
30
87C(7) to the water undertaker to terminate the arrangements.
(8)
The Secretary of State may by regulations may make provision—
(a)
as to factors which the proposer must or may take into account
in making the decision mentioned in subsection (7);
(b)
as to the procedure to be followed by the proposer in exercising
35
functions under or by virtue of subsection (2) or (7).
88M
Decision-making procedure: exercise of functions by committee
(1)
This section applies in relation to the exercise of functions under or by
virtue of section 88L(2) to (7) (“the relevant functions”) except where
the proposer is a single local authority and either—
40
(a)
no other local authorities are affected by the proposal, or
(b)
no other local authority which is affected by the proposal
informs the proposer that it wishes to participate in the exercise
of the functions.
(2)
The local authorities affected by the proposal must—
45
(a)
arrange for an existing joint committee of the authorities to
exercise the relevant functions,

Health and Social Care Bill
Part 1 — The health service in England
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(b)
establish a joint committee of the authorities for that purpose, or
(c)
arrange for the Health and Wellbeing Boards established by
them under section 191 of the Health and Social Care Act 2011
to exercise the relevant functions.
(3)
The Secretary of State may by regulations provide that the duty in
5
subsection (2) does not apply in prescribed circumstances.
(4)
The duty in subsection (2) does not apply in relation to a termination
proposal if the Secretary of State so directs by an instrument in writing
(and such a direction may apply generally or in relation to a particular
termination proposal).
10
(5)
Where arrangements are made under subsection (2)(c) the Health and
Wellbeing Boards in question must exercise the power conferred by
section 195(b) of the Health and Social Care Act 2011 to establish a joint
sub-committee of the Boards to exercise the relevant functions.
(6)
The Secretary of State may by regulations make provision—
15
(a)
for subsection (2)(a) to apply only in relation to a joint
committee which meets prescribed conditions as to its
membership;
(b)
as to the membership of a joint committee established under
subsection (2)(b) (including provision as to qualification and
20
disqualification for membership and the holding and vacating
of office as a member);
(c)
as to the membership of a joint sub-committee of Health and
Wellbeing Boards established in accordance with subsection (5);
(d)
as to the procedure to be followed by any joint committee, or
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any joint sub-committee of Health and Wellbeing Boards, in
exercising the relevant functions.
88N
Secretary of State’s duty in relation to requests for variation or
termination
(1)
This section applies if (following the making of a variation or
30
termination proposal) the Secretary of State is requested—
(a)
to request a variation of arrangements entered into under
section 87(1), or
(b)
(as the case may be) to give notice under section 87C(7) to a
water undertaker to terminate such arrangements.
35
(2)
The Secretary of State must comply with the request if satisfied that the
requirements imposed by sections 88I to 88M have been met in relation
to the proposal.
(3)
Subsection (2) does not require the Secretary of State to consider the
adequacy of any steps taken for the purposes of complying with any
40
requirement to consult or to ascertain opinion which is imposed under
or by virtue of section 88J(2) or (3), 88K(3) or 88L(2).
88O
Power to make regulations as to maintenance of section 87
arrangements
(1)
The Secretary of State may by regulations prescribe circumstances in
45
which arrangements must be made in accordance with the
regulations—

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Part 1 — The health service in England
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(a)
for consulting and ascertaining opinion on whether
arrangements under section 87(1) (“section 87(1)
arrangements”) should be maintained, and
(b)
for enabling authorities affected by section 87(1) arrangements
to decide whether to propose to the Secretary of State that they
5
be maintained.
(2)
The regulations must make provision requiring the Secretary of State to
give notice under section 87C(7) to a water undertaker to terminate
section 87(1) arrangements entered into by the undertaker if—
(a)
the outcome of arrangements made by virtue of subsection
10
(1)(b) is that the affected authorities decide not to propose that
the section 87(1) arrangements be maintained, and
(b)
the Secretary of State is satisfied that any requirements imposed
by regulations under subsection (1), as to the arrangements to
be made for the purposes mentioned in that subsection, have
15
been met.
(3)
Subsection (2)(b) does not require the Secretary of State to consider the
adequacy of any steps taken for the purposes of complying with any
requirement to consult or to ascertain opinion which is imposed by
regulations made under subsection (1).
20
(4)
The provision that may be made by regulations under subsection (1) (as
to the arrangements to be made for the purposes mentioned in that
subsection) includes provision corresponding, or similar, to any
requirements imposed by or under sections 88K to 88M.”
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Fluoridation of water supplies: transitional provision
25
(1)
In relation to any time on or after the commencement of section 30, any
relevant arrangements which have effect immediately before its
commencement are to be treated for the purposes of Chapter 4 of Part 3 of the
Water Industry Act 1991 as if they were arrangements entered into by the
water undertaker with the Secretary of State under section 87(1) of that Act.
30
(2)
In subsection (1) “relevant arrangements” means—
(a)
any arrangements entered into by a water undertaker with a Strategic
Health Authority under section 87(1) of the Water Industry Act 1991,
and
(b)
any arrangements which are treated as arrangements falling within
35
paragraph (a) by virtue of section 91 of that Act (as it had effect
immediately before the commencement of this section).
(3)
In its application to arrangements which are treated by virtue of subsection (1)
as arrangements entered into by a water undertaker with the Secretary of State
under section 87(1) of the Water Industry Act 1991, section 88H of that Act
40
applies as if for subsection (3) there were substituted—
“(3)
The amount to be paid by each of the affected local authorities is to be
determined by agreement between the local authorities.”.
(4)
Section 91 of the Water Industry Act 1991 (pre-1985 fluoridation schemes)
ceases to have effect in relation to arrangements which are (by virtue of
45
subsection (1)) treated as if they were arrangements entered into by a water
undertaker with the Secretary of State under section 87(1) of that Act.