Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 7 July 2011

256

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

“247AB

Secretary of State’s duty to keep health service functions under

review

(1)	The Secretary of State must keep under review the effectiveness of the

exercise by the bodies mentioned in subsection (2) of functions in

relation to the health service in England.

(2)	The bodies mentioned in this subsection are—

(a)	the Board;

(b)

Monitor;

(c)	the Care Quality Commission;

(d)	the National Institute for Health and Care Excellence;

(e)	the Health and Social Care Information Centre;

(f)	Special Health Authorities.

(3)	The Secretary of State may include in an annual report under section

247B the Secretary of State’s views on the effectiveness of the exercise

by the bodies mentioned in subsection (2) of functions in relation to the

health service.”’.

The Secretary of State’s duty as to research

Mr Simon Burns

NC3

To move the following Clause:—

‘After section 1C of the National Health Service Act 2006, insert—

“1CA	Duty as to research

“In exercising functions in relation to the health service, the Secretary of

State must have regard to the need to promote—

(a)	research on matters relevant to the health service, and

(b)	the use in the health service of evidence obtained from

research.”’.

Secretary of State’s duty as respects variation in provision of health services

Mr Simon Burns

NC4

To move the following Clause:—

‘After section 12D of the National Health Service Act 2006 insert—

Public Bill Committee: 7 July 2011

257

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

“Miscellaneous

12E	Secretary of State’s duty as respects variation in provision of health

services

(1)	The Secretary of State must not exercise the functions mentioned in

subsection (2) 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.

(2)	The functions mentioned in this subsection are the functions of the

Secretary of State under—

(a)	sections 6E and 13A, and

(b)	section 67 of the Health and Social Care Act 2011 (requirements

as to procurement, patient choice and competition).”’.

General duties: supplementary

Mr Simon Burns

NC5

To move the following Clause:—

‘(1)	This section applies for the purposes of this Part.

(2)	“Anti-competitive behaviour” means behaviour which would (or would be likely

to) prevent, restrict or distort competition and a reference to preventing anti-

competitive behaviour includes a reference to eliminating or reducing the effects

(or potential effects) of the behaviour.

(3)	“Health care” means all forms of health care provided for individuals, whether

relating to physical or mental health, with a reference in this Part to health care

services being read accordingly; and for the purposes of this Part it does not

matter if a health care service is also an adult social care service (as to which, see

section 57).

(4)	“The NHS” means the comprehensive health service continued under section 1(1)

of the National Health Service Act 2006, except the part of it that is provided in

pursuance of the public health functions (within the meaning of that Act) of the

Secretary of State or local authorities.

(5)	A reference to the provision of health care services for the purposes of the NHS

is a reference to their provision for those purposes in accordance with that Act.

(6)	Nothing in section 56 requires Monitor to do anything in relation to the supply to

persons who provide health care services of goods that are to be provided as part

of those services.’.

Public Bill Committee: 7 July 2011

258

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

Standard condition as to transparency in setting and application of certain criteria

Mr Simon Burns

NC6

To move the following Clause:—

‘(1)	The standard conditions applicable to any licence under this Chapter must include

a condition requiring the licence holder to—

(a)	set transparent eligibility and selection criteria, and

(b)	apply those criteria in a transparent way to persons who, having a choice

of persons from whom to receive health care services for the purposes of

the NHS, choose to receive them from the licence holder.

(2)	“Eligibility or selection criteria”, in relation to a licence holder, means criteria for

determining—

(a)	whether a person is eligible, or is to be selected, to receive health care

services provided by the licence holder for the purposes of the NHS, and

(b)	if the person is selected, the manner in which the services are provided to

the person.’.

Consultation: further provision

Mr Simon Burns

NC7

To move the following Clause:—

‘(1)	For the purpose of securing that the prices payable for the provision of health care

services for the purposes of the NHS are such as to result in a fair level of pay for

providers of the services, the National Health Service Commissioning Board and

Monitor must, in exercising functions under section 117, have regard to—

(a)	differences in the costs incurred in providing health care services for the

purposes of the NHS to persons of different descriptions, and

(b)	differences between providers with respect to the range of health care

services that they provide for those purposes.

(2)	In exercising functions under section 117(5), the Board and Monitor must act

with a view to securing the standardisation throughout England of the

specification of health care services in the national tariff under section 115(1)(a).

(3)	In exercising functions under section 117(10A), Monitor and the Board must act

with a view to securing the standardisation throughout England of the

specification of health care services in rules provided for in the national tariff

under section 115(3)(b).

(4)	In carrying out the duty under subsection (2) or (3), the Board and Monitor must

have regard to whether, or to what extent, standardisation is likely to have a

significant adverse impact on the provision of health care services for the

purposes of the NHS.’.

Public Bill Committee: 7 July 2011

259

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

Failure to discharge functions

Mr Simon Burns

NC8

To move the following Clause:—

‘(1)	In section 82 of the Health and Social Care Act 2008 (failure by Commission to

discharge functions), in subsection (1), at the end insert “,

and that the failure is significant.”

(2)	After subsection (2) of that section insert—

“(2A)

But the Secretary of State may not give a direction under subsection (1)

in relation to the performance of functions in a particular case.”

(3)	After subsection (3) of that section insert—

“(4)	Where the Secretary of State exercises a power under subsection (1) or

(3), the Secretary of State must publish the reasons for doing so.”

(4)	In section 161 of that Act (orders, regulations and directions: general provisions),

in subsection (3), before “any power of the Secretary of State to give directions”

insert “(subject to section 82(2A))”.

(5)	In section 165 of that Act (directions), at the beginning of subsection (2) insert

“Subject to subsection (3),”.

(6)	After that subsection insert—

“(3)	A direction under section 82 must be given by regulations or by an

instrument in writing.”’.

HEALTH AND SOCIAL CARE BILL (PROGRAMME) (No.2)

That the following provisions shall apply to the Health and Social Care Bill for the

purpose of supplementing the Order of 31 January 2011 (Health and Social Care Bill

(Programme)):

Re-committal

1.	The Bill shall be re-committed to the Public Bill Committee to which it

previously stood committed in respect of the following Clauses and

Schedules—

(a)	in Part 1, Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29 and Schedules

1 to 3;

(b)	in Part 3, Clauses 55, 56, 58, 59, 63 to 75, 100, 101, 112 to 117 and

147 and Schedules 8 and 9;

(c)	in Part 4, Clauses 149, 156, 165, 166 and 176;

(d)	in Part 5, Clauses 178 to 180 and 189 to 193 and Schedule 15;

(e)	in Part 8, Clause 242;

(f)	in Part 9, Clause 265;

(g)	in Part 11, Clauses 285 and 286;

(h)	in Part 12, Clauses 295, 297 and 298.

2.	Proceedings in the Public Bill Committee on re-committal shall (so far as not

previously concluded) be brought to a conclusion on Thursday 14 July 2011.

3.	The Public Bill Committee shall have leave to sit twice on the first day it

meets.

Public Bill Committee: 7 July 2011

260

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

Order of the Committee [28 JUNE 2011]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

28 June) meet—

(a)	at 4.00 pm on Tuesday 28 June;

(b)	at 9.00 am and 1.00 pm on Thursday 30 June;

(c)	at 10.30 am and 4.00 pm on Tuesday 5 July;

(d)	at 9.00 am and 1.00 pm on Thursday 7 July;

(e)	at 10.30 am and 4.00 pm on Tuesday 12 July;

(f)	at 9.00 am and 1.00 pm on Thursday 14 July;

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE 1

	Date	Time	Witness
	Tuesday 28 June	Until no later	NHS Future Forum
		than 11.30 am
	Tuesday 28 June	Until not later	NHS Confederation; The King’s
		than 12.15 pm	Fund; The Nuffield Trust
	Tuesday 28 June	Until no later	Independent Regulator of NHS
		than 1.00 pm	Foundation Trusts (Monitor);
			Foundation Trust Network; Local
			Government Association
	Tuesday 28 June	Until no later	British Medical Association; Royal
		than 4.45 pm	College of Nursing; Royal College of
			Physicians; Academy of Medical
			Royal Colleges
	Tuesday 28 June	Until no later	Royal College of General
		than 5.15 pm	Practitioners; NHS Alliance
	Tuesday 28 June	Until no later	National Voices; Rethink; MacMillan
		than 6.15 pm	Cancer Support; Asthma UK;
			Diabetes UK; Stroke Association
	Tuesday 28 June	Until no later	Unite; Unison
		than 6.45 pm
	Tuesday 28 June	Until no later	Department of Health
		than 7.30 pm

(3)	proceedings on consideration of the Bill shall (so far as not previously

concluded) be brought to a conclusion at the times specified in the second

column of the following Table:

Public Bill Committee: 7 July 2011

261

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

      TABLE 2

	Proceedings	Time for conclusion of
		proceedings
	Clauses 1 to 5; Schedule 1; Clause 6;	6.00 pm on Thursday 30 June
	Clauses 9 to 11
	Clauses 19 to 21; Schedule 2; Clauses	8.00 pm on Tuesday 5 July
	22 to 24; Clauses 28 and 29; Schedule 3
	Clause 55; Schedule 8; Clause 56;	6.00 pm on Thursday 7 July
	Clauses 58 and 59; Clause 63
	Clauses 64 to 69; Schedule 9; Clauses	8.00 pm on Tuesday 12 July
	70 to 75; Clauses 100 and 101; Clauses
	112 to 117; Clause 147
	Clause 149; Clause 156; Clauses 165	7.00 pm on Thursday 14 July
	and 166; Clause 176; Clauses 178 and
	179; Schedule 15; Clause 180; Clauses
	189 to 193; Clause 242; Clause 265;
	Clauses 285 and 286; Clause 295;
	Clauses 297 and 298; new Clauses; new
	Schedules; remaining proceedings on
	the Bill

© Parliamentary copyright	Revised 7 July 2011