Session 2010 - 12
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Other Bills before Parliament

189

House of Commons

Tuesday 5 July 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Health and Social Care (Re-committed) Bill

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The Bill is re-committed in respect of the following Clauses and Schedules:

Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29, Schedules 1 to 3, Clauses 55 and 56, 58

and 59, 63 to 75, 100 and 101, 112 to 117, 147, Schedules 8 and 9, Clauses 149, 156,

165 and 166, 176, 178 to 180, 189 to 193, Schedule 15, Clauses 242, 265, 285 and 286,

295, 297 and 298.

Note

The amendments have been arranged in accordance with the Order of the

Committee [28 June].

Mr Simon Burns

60

Clause  19,  page  15,  line  4,  after ‘year’, insert ‘and such subsequent financial years

as the Secretary of State considers appropriate’.

Mr Simon Burns

61

Clause  19,  page  15,  line  8,  leave out from ‘mandate’ to end of line 13 and insert

‘the amounts that the Secretary of State has decided to specify in relation to the financial

year for the purposes of section 223DA(2) and (3) (limits on capital and revenue resource

use).’.

Mr Simon Burns

62

Clause  19,  page  15,  leave out lines 15 to 20.

Public Bill Committee: 5 July 2011

190

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

63

Clause  19,  page  15,  leave out lines 21 to 27 and insert—

‘( )	any proposals that the Secretary of State has as to the amounts that the

Secretary of State will specify in relation to subsequent financial years

for the purposes of section 223DA(2) and (3).’.

Mr Simon Burns

64

Clause  19,  page  15,  line  40,  at end insert—

‘( )	the Healthwatch England committee of the Care Quality Commission,

and’.

Mr Simon Burns

65

Clause  19,  page  15,  leave out lines 43 and 44.

Mr Simon Burns

66

Clause  19,  page  16,  line  1,  leave out from ‘State’ to second ‘the’ in line 2 and insert

‘varies the amount specified for the purposes of section 223DA(2) or (3),’.

Mr Simon Burns

67

Clause  19,  page  16,  line  15,  at end insert—

‘13BA

Duty to promote NHS Constitution

(1)	The Board must, in the exercise of its functions—

(a)	act with a view to securing that health services are provided in a way

which promotes the NHS Constitution, and

(b)	promote awareness of the NHS Constitution among patients, staff and

members of the public.

(2)	In this section—

“health services” means services provided as part of the health service;

“patients” and “staff” have the same meanings as in Chapter 1 of Part 1 of

the Health Act 2009 (see section 3(7) of that Act).’.

Liz Kendall

Emily Thornberry

Owen Smith

3

Clause  19,  page  16,  line  18,  at end insert—

‘13CA

Duty as to commissioning of services

In carrying out its duties in respect of the commissioning of services the Board

must in the exercise of its functions have regard to the interdependency of

services and the impact that the arrangements for the provision for one service

may have on the financial and clinical sustainability of other services.’.

Public Bill Committee: 5 July 2011

191

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

68

Clause  19,  page  17,  line  4,  leave out ‘, promoting patient involvement etc.’.

Mr Simon Burns

69

Clause  19,  page  17,  leave out lines 11 to 14.

Mr Simon Burns

70

Clause  19,  page  17,  line  16,  at end insert—

‘13FA

Duty to promote involvement of each patient

(1)	The Board must, in the exercise of its functions, promote the involvement of

patients, and their carers and representatives (if any), in decisions about the

provision of health services to the patients.

(2)	In this section, “health services” has the same meaning as in section 13F.

13FB	Duty as to patient choice

(1)	The Board must, in the exercise of its functions, act with a view to enabling

patients to make choices with respect to aspects of health services provided to

them.

(2)	In this section, “health services” has the same meaning as in section 13F.’.

Mr Simon Burns

71

Clause  19,  page  17,  line  18,  leave out from ‘must’ to ‘advice’ in line 19 and insert

‘obtain’.

Mr Simon Burns

72

Clause  19,  page  17,  line  20,  leave out from ‘persons’ to end of line 21 and insert

‘who (taken together) have a broad range of professional expertise in—

(a)	the prevention, diagnosis or treatment of illness, and

(b)	the protection or improvement of public health.’.

Mr Simon Burns

73

Clause  19,  page  17,  leave out lines 40 to 44 and insert—

‘13J	Duty as to promoting integration

( )	The Board must exercise its functions with a view to securing that health services

are provided in an integrated way where it considers that this would—

(a)	improve the quality of those services (including the outcomes that are

achieved from their provision),

(b)	reduce inequalities between persons with respect to their ability to access

those services, or

(c)	reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.

Public Bill Committee: 5 July 2011

192

Health and Social Care (Re-committed) Bill, continued

( )	The Board must exercise its functions with a view to securing that the provision

of health services is integrated with the provision of health-related services or

social care services where it considers that this would—

(a)	improve the quality of the health services (including the outcomes that

are achieved from the provision of those services),

(b)	reduce inequalities between persons with respect to their ability to access

those services, or

(c)	reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.’.

Mr Simon Burns

74

Clause  19,  page  18,  line  3,  at end insert—

‘( )	In this section—

“health services” means services provided as part of the health service;

“health-related services” means services that may have an effect on the

health of individuals but are not health services or social care services;

“social care services” means services that are provided in pursuance of the

social services functions of local authorities (within the meaning of the

Local Authority Social Services Act 1970).’.

Mr Simon Burns

75

Clause  19,  page  18,  line  14,  at end insert—

‘13KA

Duty as respects variation in provision of health services

The Board must not exercise its functions for the purpose of causing a variation

in the proportion of services provided as part of the health service that is provided

by persons of a particular description if that description is by reference to—

(a)	whether the persons in question are in the public or (as the case may be)

private sector, or

(b)	some other aspect of their status.’.

Mr Simon Burns

76

Clause  19,  page  18,  line  27,  leave out ‘a significant’ and insert ‘an’.

Dr John Pugh

228

Clause  19,  page  19,  line  2,  leave out from ‘available’ to end of line 3.

Mr Simon Burns

77

Clause  19,  page  19,  line  15,  at end insert—

‘( )	Arrangements made under subsection (7) do not affect the liability of the Board

for the exercise of any of its functions.’.

Public Bill Committee: 5 July 2011

193

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

78

Clause  19,  page  19,  line  32,  at end insert—

‘( )	The business plan must, in particular, explain how the Board proposes to

discharge its duties under—

(a)	sections 13D and 13L, and

(b)	sections 223D to 223DB.’.

Mr Simon Burns

79

Clause  19,  page  19,  leave out lines 38 to 40.

Liz Kendall

Emily Thornberry

Owen Smith

4

Clause  19,  page  20 ,  line  39,  at end insert—

‘(1A)

The Secretary of State must publish guidance to the Board, to which the Board

must have regard, about the exercise of its powers under subsection (1).’.

Mr Simon Burns

80

Clause  19,  page  21,  line  31,  at end insert—

‘( )	Arrangements made under this section do not affect the liability of the Board for

the exercise of any of its functions.’.

Mr Simon Burns

81

Clause  19,  page  22,  line  4 ,  after ‘that’, insert ‘—

( )

’.

Mr Simon Burns

82

Clause  19,  page  22,  line  6 ,  at end insert ‘and

( )	the failure is significant.’.

Mr Simon Burns

83

Clause  19,  page  22,  line  14 ,  at end insert—

‘( )	Where the Secretary of State exercises a power under subsection (1) or (3), the

Secretary of State must publish the reasons for doing so.’.

Dr John Pugh

229

Clause  19,  page  22,  line  38,  at end insert—

‘(i)	the disclosure is necessary or expedient for the purposes of

patient safety.’.

Public Bill Committee: 5 July 2011

194

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

84

Clause  20,  page  23,  line  14,  leave out from ‘when’ to end of line 15 and insert ‘the

Board is notified in writing by the Secretary of State that the amount is allotted to it for

that year.’.

Mr Simon Burns

85

Clause  20,  page  23,  leave out lines 21 to 26.

Mr Simon Burns

86

Clause  20,  page  23,  leave out lines 33 and 34.

Mr Simon Burns

87

Clause  20,  page  23,  leave out lines 35 to 37.

Mr Simon Burns

88

Clause  20,  page  23,  line  38,  leave out from beginning to end of line 5 on page 24.

Mr Simon Burns

89

Clause  20,  page  24,  leave out lines 6 to 15 and insert—

‘223D

Financial duties of the Board: expenditure

(1)	The Board must ensure that total health expenditure in respect of each financial

year does not exceed the aggregate of—

(a)	the amount allotted to the Board for that year under section 223B,

(b)	any sums received by the Board or commissioning consortia in that year

under any provision of this Act (other than sums received by the Board

under section 223B or by commissioning consortia under section 223H),

and

(c)	any sums received by the Board or commissioning consortia in that year

otherwise than under this Act for the purpose of enabling it or them to

defray such expenditure.

(1A)	In this section, “total health expenditure”, in relation to a financial year, means—

(a)	expenditure which is attributable to the performance by the Board of its

functions in that year, other than sums paid by it under section 223H, and

(b)	expenditure which is attributable to the performance by commissioning

consortia of their functions in that year.’.

Mr Simon Burns

90

Clause  20,  page  24,  line  17,  after ‘the Board’, insert ‘or a commissioning

consortium which is’.

Mr Simon Burns

91

Clause  20,  page  24,  line  19,  leave out ‘expenditure within subsection (1)’ and

insert ‘part of total health expenditure’.

Public Bill Committee: 5 July 2011

195

Health and Social Care (Re-committed) Bill, continued

Mr Simon Burns

92

Clause  20,  page  24,  line  21,  leave out ‘under section 223B’ and insert ‘or a

commissioning consortium under section 223B or (as the case may be) 223H’.

Mr Simon Burns

93

Clause  20,  page  24,  line  23,  leave out ‘the expenditure of the Board’ and insert

‘total health expenditure’.

Mr Simon Burns

94

Clause  20,  page  24,  line  28,  leave out from beginning to end of line 12 on page 25

and insert—

‘223DA

Financial duties of the Board: controls on total resource use

(1)	In this Chapter—

“total capital resource use”, in relation to a financial year, means the use of

capital resources in that year by the Board and commissioning consortia

(taken together);

“total revenue resource use”, in relation to a financial year, means the use of

revenue resources in that year by the Board and commissioning consortia

(taken together).

(2)	The Board must ensure that total capital resource use in a financial year does not

exceed the amount specified by the Secretary of State.

(3)	The Board must ensure that total revenue resource use in a financial year does not

exceed the amount specified by the Secretary of State.

(4)	The Secretary of State may give directions, in relation to a financial year,

specifying descriptions of resources which must, or must not, be treated as capital

resources or revenue resources for the purposes of this Chapter.

(5)	The Secretary of State may give directions, in relation to a financial year,

specifying uses of capital resources or revenue resources which must not be taken

into account for the purposes of this Chapter.

(6)	The Secretary of State may give directions, in relation to a financial year,

specifying uses of capital resources or revenue resources which must be taken

into account for the purposes of this section.

(7)	The amount specified for the purposes of subsection (2) or (3) may be varied only

if—

(a)	the Board agrees to the change, or

(b)	the Secretary of State considers that there are exceptional circumstances

which make the variation necessary.

(8)	Any reference in this Chapter to the use of capital resources or revenue resources

is a reference to their expenditure, consumption or reduction in value.

223DB

Financial duties of the Board: additional controls on resource use

(1)	The Secretary of State may direct the Board to ensure that total capital resource

use in a financial year which is attributable to matters specified in the direction

does not exceed an amount so specified.

(2)	The Secretary of State may direct the Board to ensure that total revenue resource

use in a financial year which is attributable to matters specified in the direction

does not exceed an amount so specified.

(3)	The Secretary of State may direct the Board to ensure —

© Parliamentary copyright	Revised 5 July 2011