Health and Social Care Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The health service in England
68

44
Primary care services: directions as to exercise of functions
(1)
After section 98 of the National Health Service Act 2006 insert—
“Directions
98A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
5
Secretary of State’s functions relating to the provision of primary
medical services.
(2)
The Secretary of State may give directions to the Board about its
exercise of any functions relating to the provision of primary medical
services (including functions which the Board has been directed to
10
exercise under subsection (1)).
(3)
The Board may direct a commissioning consortium to exercise any of
the Board’s functions relating to the provision of primary medical
services.
(4)
The Board may give directions to a commissioning consortium about
15
the exercise by it of any functions relating to the provision of primary
medical services (including functions which the consortium has been
directed to exercise under subsection (3)).
(5)
Subsection (3) does not apply to such functions, or functions of such
descriptions, as may be prescribed.
20
(6)
Where the Board gives a direction under subsection (3) or (4), it may
disclose to the consortium information it has about the provision of the
primary medical services in question, if the Board considers it
necessary or appropriate to do so in order to enable or assist the
consortium to exercise the function specified in the direction.
25
(7)
A commissioning consortium exercising a function specified in a
direction under subsection (3) or (4) must report to the Board on
matters arising out of the consortium’s exercise of the function.
(8)
A report under subsection (7) must be made in such form and manner
as the Board may specify.
30
(9)
The Board may, in exercising its functions relating to the provision of
the primary medical services in question, have regard to a report under
subsection (7).”
(2)
After section 114 of that Act insert—
“Directions
35
114A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
Secretary of State’s functions relating to the provision of primary dental
services.
(2)
The Secretary of State may give directions to the Board about its
40
exercise of any functions relating to the provision of primary dental

Health and Social Care Bill
Part 1 — The health service in England
69

services (including functions which the Board has been directed to
exercise under subsection (1)).”
(3)
After section 125 of that Act insert—
“Directions
125A
Exercise of functions
5
(1)
The Secretary of State may direct the Board to exercise any of the
Secretary of State’s functions relating to the provision of primary
ophthalmic services.
(2)
The Secretary of State may give directions to the Board about its
exercise of any functions relating to the provision of primary
10
ophthalmic services (including functions which the Board has been
directed to exercise under subsection (1)).
(3)
The Board may direct a commissioning consortium, a Special Health
Authority or such other body as may be prescribed to exercise any of
the Board’s functions relating to the provision of primary ophthalmic
15
services.
(4)
The Board may give directions to a commissioning consortium, a
Special Health Authority or such other body as may be prescribed
about the exercise by the body of any functions relating to the provision
of primary ophthalmic services (including functions which it has been
20
directed to exercise under subsection (3)).
(5)
Subsection (3) does not apply to such functions, or functions of such
descriptions, as may be prescribed.
(6)
Where the Board gives a direction to a body under subsection (3) or (4),
it may disclose to the body the information it has about the provision of
25
the primary ophthalmic services in question, if the Board considers it
necessary or appropriate to do so in order to enable or assist the body
to exercise the function specified in the direction.
(7)
A body which is given a direction under subsection (3) or (4) must
report to the Board on matters arising out of the exercise of the function
30
to which the direction relates.
(8)
A report under subsection (7) must be made in such form and manner
as the Board may specify.
(9)
The Board may, in exercising its functions relating to the provision of
the primary ophthalmic services in question, have regard to a report
35
under subsection (7).”
(4)
After section 168 of that Act insert—
“Directions
168A
Exercise of functions
(1)
The Secretary of State may direct the Board to exercise any of the
40
Secretary of State’s functions relating to services that may be provided
as pharmaceutical services, or as local pharmaceutical services, under
this Part.

Health and Social Care Bill
Part 1 — The health service in England
70

(2)
The Secretary of State may give directions to the Board about its
exercise of any functions relating to pharmaceutical services or to local
pharmaceutical services (including functions which the Board has been
directed to exercise under subsection (1)).”
45
Charges in respect of certain public health functions
5
(1)
After section 186 of the National Health Service Act 2006 insert—
“186A
Charges in respect of public health functions
(1)
The Secretary of State may make charges under this subsection in
respect of any step taken under section 2A.
(2)
The power conferred by subsection (1) does not apply in respect of the
10
provision of a service or facility to an individual, or the taking of any
other step in relation to an individual, for the purpose of protecting the
individual’s health.
(3)
Charges under subsection (1) may be calculated on such basis as the
Secretary of State considers appropriate.
15
(4)
Regulations may provide for the making and recovery of charges in
respect of—
(a)
the taking of prescribed steps by a local authority under section
2A (by virtue of regulations under section 6C(1)), and
(b)
the taking of prescribed steps by a local authority under section
20
2B.
(5)
Regulations under subsection (4) may make provision as to the
calculation of charges authorised by the regulations, including
provision prescribing the amount or the maximum amount that may be
charged.
25
(6)
Nothing in this section affects any other power conferred by or under
this Act to make charges.”
(2)
In section 272 of that Act (orders, regulations, rules and directions), in
subsection (6) after paragraph (zd) insert—
“(ze)
regulations under section 186A(4),”.
30
46
Pharmaceutical services expenditure
(1)
After section 165 of the National Health Service Act 2006 insert—
“165A
Pharmaceutical remuneration: further provision
(1)
The Board must provide the Secretary of State with such information
relating to the remuneration paid by the Board to persons providing
35
pharmaceutical services or local pharmaceutical services as the
Secretary of State may require.
(2)
The information must be provided in such form, and at such time or
within such period, as the Secretary of State may require.
(3)
Schedule 12A makes further provision about pharmaceutical
40
remuneration.”

Health and Social Care Bill
Part 2 — Further provision about public health
71

(2)
After Schedule 12 to that Act insert the Schedule set out in Schedule 3 to this
Act.
47
Secretary of State’s annual report
In Part 13 of the National Health Service Act 2006 before section 248 (and the
cross-heading preceding it) insert—
5
“Annual report
247B
Secretary of State’s annual report
(1)
The Secretary of State must publish an annual report on the
performance of the health service in England.
(2)
The Secretary of State must lay any report prepared under this section
10
before Parliament.”
48
Certification of death
(1)
Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (notification,
certification and registration of deaths) is amended as follows.
(2)
In section 19 (medical examiners)—
15
(a)
in subsection (1) for “Primary Care Trusts” substitute “Local
authorities”,
(b)
in subsection (2) for “Trust” (in each place where it occurs) substitute
“local authority”, and
(c)
in subsection (5) for “a Primary Care Trust” substitute “a local
20
authority”.
(3)
In section 20 (medical certificate of cause of death), in subsection (5) for
“Primary Care Trust” substitute “local authority”.
49
Amendments related to Part 1 and transitional provision
(1)
Schedule 4 (which makes further amendments of the National Health Service
25
Act 2006 in consequence of the provision made by this Part) has effect.
(2)
Schedule 5 (which makes amendments of other enactments in consequence of
the provision made by this Part) has effect.
(3)
Schedule 6 (which makes transitional provision in connection with this Part)
has effect.
30
Part 2
Further provision about public health
50
Abolition of Health Protection Agency
(1)
The Health Protection Agency is abolished.
(2)
The Health Protection Agency Act 2004 is repealed.
35
(3)
Subsection (2) does not apply to—

Health and Social Care Bill
Part 2 — Further provision about public health
72

(a)
paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the
Immigration Act 1971), and
(b)
section 11(1) of that Act so far as it gives effect to that paragraph.
(4)
Schedule 7 (which makes amendments of other enactments in consequence of
the provision made by this section) has effect.
5
51
Functions in relation to biological substances
(1)
The appropriate authority must—
(a)
devise standards for the purity and potency of biological substances,
(b)
prepare, approve, hold and distribute standard preparations of
biological substances,
10
(c)
design appropriate procedures for testing biological substances,
(d)
provide or arrange for the provision of laboratory facilities for testing
biological substances,
(e)
carry out tests on biological substances,
(f)
examine records kept in connection with the manufacture and quality
15
control of biological substances,
(g)
report on the results of tests or examinations conducted in pursuance
of paragraph (e) or (f), and
(h)
carry out or arrange for the carrying out of such research, or provide or
arrange for the provision of such information or training, as it considers
20
appropriate in connection with the functions mentioned in paragraphs
(a) to (g).
(2)
The appropriate authority may do anything which it considers is appropriate
for facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
25
(3)
Subsections (4) and (5) apply to any person that exercises functions similar to
those of the appropriate authority under this section (whether or not in relation
to the United Kingdom).
(4)
The appropriate authority must co-operate with the person in the exercise of
those functions.
30
(5)
The person must co-operate with the appropriate authority in the exercise of
the authority’s functions under this section.
(6)
The appropriate authority may make charges (whether or not on a commercial
basis) in respect of anything done by it under this section.
(7)
In this section—
35
“appropriate authority” means the Secretary of State and the Department
of Health, Social Services and Public Safety in Northern Ireland acting
jointly;
“biological substance” means a substance whose purity or potency
cannot, in the opinion of the Secretary of State, be adequately tested by
40
chemical means.
52
Radiation protection functions
(1)
The appropriate authority must take such steps as it considers appropriate for
the purposes of protecting the public from radiation (whether ionising or not).

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Part 2 — Further provision about public health
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(2)
The steps that may be taken under subsection (1) include—
(a)
the conduct of research or such other steps as the appropriate authority
considers appropriate for advancing knowledge and understanding;
(b)
providing technical services (whether in laboratories or otherwise);
(c)
providing services for the prevention, diagnosis or treatment of illness
5
arising from exposure to radiation;
(d)
providing training;
(e)
providing information and advice;
(f)
making available the services of any person or any facilities.
(3)
The appropriate authority may do anything which it considers appropriate for
10
facilitating, or incidental or conducive to, the exercise of any of its functions
under this section.
(4)
The appropriate authority may make charges (whether or not on a commercial
basis) in respect of anything done by it under this section.
(5)
In the exercise of any function under this section which relates to a matter in
15
respect of which a Health and Safety body has a function, the appropriate
authority must—
(a)
consult the body, and
(b)
have regard to the body’s policies.
(6)
Each of the following is a Health and Safety body—
20
(a)
the Health and Safety Executive;
(b)
the Health and Safety Executive for Northern Ireland.
(7)
In subsection (2)(f), “facilities” has the same meaning as in the National Health
Service Act 2006.
(8)
In this section, “the appropriate authority” means—
25
(a)
the Scottish Ministers to the extent that the functions are exercisable
within devolved competence (within the meaning of the Scotland Act
1998);
(b)
the Department of Health, Social Services and Public Safety in
Northern Ireland to the extent that the functions relate to a transferred
30
matter (within the meaning of the Northern Ireland Act 1998);
(c)
the Secretary of State in any other case.
(9)
In this section, “the public” means—
(a)
where the appropriate authority is the Secretary of State, the public in
Wales, Scotland and Northern Ireland,
35
(b)
where the appropriate authority is the Scottish Ministers, the public in
Scotland, and
(c)
where the appropriate authority is the Department of Health, Social
Services and Public Safety in Northern Ireland, the public in Northern
Ireland.
40
(10)
This section does not apply in relation to England.
53
Repeal of AIDS (Control) Act 1987
(1)
The AIDS (Control) Act 1987 is repealed.

Health and Social Care Bill
Part 3 — Economic regulation of health and adult social care services
Chapter 1 — Monitor
74

(2)
The AIDS (Control) (Northern Ireland) Order 1987 (S.I. 1987/1832 (N.I. 18)) is
revoked.
54
Co-operation with bodies exercising functions in relation to public health
(1)
In Part 13 of the National Health Service Act 2006, before section 248 (and the
cross-heading preceding it) insert—
5
“Co-operation in relation to public health functions
247A
Co-operation in relation to public health functions
(1)
This section applies to any body or other person that exercises functions
similar to those of the Secretary of State under section 2A (whether or
not in relation to the United Kingdom).
10
(2)
The Secretary of State must co-operate with the body or other person in
the exercise by it of those functions.
(3)
If the Secretary of State acts under subsection (2) at the request of the
body or other person, the Secretary of State may impose charges in
respect of any costs incurred by the Secretary of State in doing so.
15
(4)
The body or other person must co-operate with the Secretary of State in
the exercise by the Secretary of State of functions under section 2A.
(5)
If the body or other person acts under subsection (4) at the request of
the Secretary of State, it may impose charges in respect of any costs
incurred by it in doing so.”
20
(2)
In section 271 of that Act (territorial limit of exercise of functions), in subsection
(3) after paragraph (d) insert—
“(da)
section 247A (co-operation in relation to public health
functions),”.
Part 3
25
Economic regulation of health and adult social care services
Chapter 1
Monitor
55
Monitor
(1)
The body corporate known as the Independent Regulator of NHS Foundation
30
Trusts—
(a)
is to continue to exist, and
(b)
is to be known as Monitor.
(2)
Schedule 8 (which makes further provision about Monitor) has effect.
56
General duties
35
(1)
The main duty of Monitor in exercising its functions is to protect and promote
the interests of people who use health care services—