Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 July 2011

279

Health and Social Care (Re-committed) Bill continued

relating to care services, have regard to the views, reports or

recommendations.”’.

Mr Simon Burns

206

Clause  189,  page  170,  line  23,  after ‘(8)’, insert ‘—

‘(a)

’.

Mr Simon Burns

207

Clause  189,  page  170,  line  24,  at end insert ‘, and

(b)	after paragraph (b) (but before the “and” immediately following it)

insert—

“(ba)

involve the Local Healthwatch Organisation for the area

of the responsible local authority;

(bb)	involve the people who live or work in that area;”, and

(c)	in paragraph (c) for “consult” substitute “involve”.’.

Mr Simon Burns

208

Clause  190,  page  171,  line  18,  after ‘to’, insert ‘—

(a)

’.

Mr Simon Burns

209

Clause  190,  page  171,  line  19,  at end insert ‘, and

(b)	any guidance issued by the Secretary of State.’.

Mr Simon Burns

210

Clause  190,  page  171,  line  19,  at end insert—

‘( )	In preparing a strategy under this section, the responsible local authority and each

of its partner commissioning consortia must—

(a)	involve the Local Healthwatch Organisation for the area of the

responsible local authority, and

(b)	involve the people who live or work in that area.’.

Mr Simon Burns

211

Clause  190,  page  171,  line  36,  leave out ‘relevant’.

Mr Simon Burns

212

Clause  190,  page  171,  line  37,  leave out ‘the most recent’ and insert ‘any’.

Public Bill Committee: 12 July 2011

280

Health and Social Care (Re-committed) Bill continued

Mr Simon Burns

213

Clause  190,  page  171,  line  39,  after ‘section 116’, insert ‘which is relevant to the

exercise of the functions’.

Mr Simon Burns

214

Clause  190,  page  171,  line  40,  leave out ‘the most recent’ and insert ‘any’.

Mr Simon Burns

215

Clause  190,  page  171,  line  41,  after ‘section 116A’, insert ‘which is so relevant’.

Mr Simon Burns

216

Clause  190,  page  171,  leave out lines 42 to 45.

Mr Simon Burns

217

Clause  190,  page  172,  line  3,  leave out from second ‘to’ to end of line 4 and insert

‘—

(a)	any assessment of relevant needs prepared by the responsible local

authority and each of its partner commissioning consortia under section

116 which is relevant to the exercise of the functions, and

(b)	any joint health and wellbeing strategy prepared by them under section

116A which is so relevant.’.

Mr Simon Burns

218

Clause  242,  page  216,  line  37,  after ‘that’, insert ‘—

( )

’.

Mr Simon Burns

219

Clause  242,  page  216,  line  39,  at end insert ‘, and

( )	the failure is significant.’.

Mr Simon Burns

220

Clause  242,  page  217,  line  8,  at end insert—

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

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

Public Bill Committee: 12 July 2011

281

Health and Social Care (Re-committed) Bill continued

Mr Simon Burns

221

Clause  265,  page  228,  line  25,  after ‘that’, insert ‘—

( )

’.

Mr Simon Burns

222

Clause  265,  page  228,  line  27,  at end insert ‘, and

( )	the failure is significant.’.

Mr Simon Burns

223

Clause  265,  page  228,  line  35,  at end insert—

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

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

Mr Simon Burns

224

Clause  295,  page  245,  line  45,  leave out paragraph (j).

Mr Simon Burns

225

Clause  295,  page  246,  line  16,  after ‘and’, insert ‘(subject to section 63(3))’.

Liz Kendall

Emily Thornberry

Owen Smith

Debbie Abrahams

50

Clause  297,  page  247,  line  17,  at end insert—

‘(1A)

Section 28 comes into force in accordance with sections 28(3) and (4).’.

Mr Simon Burns

226

Clause  297,  page  247,  line  18,  leave out subsection (2).

Public Bill Committee: 12 July 2011

282

Health and Social Care (Re-committed) Bill continued

New Clauses

Secretary of State’s duty to promote comprehensive health service

Mr Simon Burns

NC1

To move the following Clause:—

‘For section 1 of the National Health Service Act 2006 (Secretary of State’s duty

to promote health service) substitute—

“1	Secretary of State’s duty to promote comprehensive health service

(1)	The Secretary of State must continue the promotion in England of a

comprehensive health service designed to secure improvement—

(a)	in the physical and mental health of the people of England, and

(b)	in the prevention, diagnosis and treatment of illness.

(2)	For that purpose, the Secretary of State must exercise the functions

conferred by this Act so as to secure that services are provided in

accordance with this Act.

(3)	The services provided as part of the health service in England must be

free of charge except in so far as the making and recovery of charges is

expressly provided for by or under any enactment, whenever passed.’.

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

Mr Simon Burns

NC2

To move the following Clause:—

‘In Part 13 of the National Health Service Act 2006, before section 248 (and the

cross-heading preceding it) insert—

“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.

Public Bill Committee: 12 July 2011

283

Health and Social Care (Re-committed) Bill continued

(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—

“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

Public Bill Committee: 12 July 2011

284

Health and Social Care (Re-committed) Bill continued

(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.’.

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

Public Bill Committee: 12 July 2011

285

Health and Social Care (Re-committed) Bill continued

(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.’.

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.”

© Parliamentary copyright	Revised 12 July 2011