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| | Secretary of State’s duty to promote comprehensive health service |
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| To move the following Clause:— |
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| | ‘For section 1 of the National Health Service Act 2006 (Secretary of State’s duty |
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| | to promote health service) substitute— |
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| | “1 | Secretary of State’s duty to promote comprehensive health service |
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| | (1) | The Secretary of State must continue the promotion in England of a |
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| | comprehensive health service designed to secure improvement— |
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| | (a) | in the physical and mental health of the people of England, and |
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| | (b) | in the prevention, diagnosis and treatment of illness. |
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| | (2) | For that purpose, the Secretary of State must exercise the functions |
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| | conferred by this Act so as to secure that services are provided in |
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| | accordance with this Act. |
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| | (3) | The services provided as part of the health service in England must be |
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| | free of charge except in so far as the making and recovery of charges is |
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| | expressly provided for by or under any enactment, whenever passed.’. |
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| | Secretary of State’s duty to keep health service functions under review |
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| To move the following Clause:— |
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| | ‘In Part 13 of the National Health Service Act 2006, before section 248 (and the |
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| | cross-heading preceding it) insert— |
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| | “247AB | Secretary of State’s duty to keep health service functions under |
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| | (1) | The Secretary of State must keep under review the effectiveness of the |
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| | exercise by the bodies mentioned in subsection (2) of functions in |
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| | relation to the health service in England. |
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| | (2) | The bodies mentioned in this subsection are— |
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| | (c) | the Care Quality Commission; |
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| | (d) | the National Institute for Health and Care Excellence; |
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| | (e) | the Health and Social Care Information Centre; |
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| | (f) | Special Health Authorities. |
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| | (3) | The Secretary of State may include in an annual report under section |
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| | 247B the Secretary of State’s views on the effectiveness of the exercise |
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| | by the bodies mentioned in subsection (2) of functions in relation to the |
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| | Secretary of State’s duty as to research |
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| To move the following Clause:— |
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| | ‘After section 1C of the National Health Service Act 2006, insert— |
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| | “In exercising functions in relation to the health service, the Secretary of |
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| | State must have regard to the need to promote— |
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| | (a) | research on matters relevant to the health service, and |
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| | (b) | the use in the health service of evidence obtained from |
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| | Secretary of State’s duty as respects variation in provision of health services |
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| To move the following Clause:— |
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| | ‘After section 12D of the National Health Service Act 2006 insert— |
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| | 12E | Secretary of State’s duty as respects variation in provision of health |
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| | (1) | The Secretary of State must not exercise the functions mentioned in |
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| | subsection (2) for the purpose of causing a variation in the proportion of |
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| | services provided as part of the health service that is provided by persons |
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| | of a particular description if that description is by reference to— |
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| | (a) | whether the persons in question are in the public or (as the case |
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| | may be) private sector, or |
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| | (b) | some other aspect of their status. |
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| | (2) | The functions mentioned in this subsection are the functions of the |
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| | Secretary of State under— |
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| | (a) | sections 6E and 13A, and |
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| | (b) | section 67 of the Health and Social Care Act 2011 (requirements |
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| | as to procurement, patient choice and competition).”’. |
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| | General duties: supplementary |
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| To move the following Clause:— |
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| | ‘(1) | This section applies for the purposes of this Part. |
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| | (2) | “Anti-competitive behaviour” means behaviour which would (or would be likely |
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| | to) prevent, restrict or distort competition and a reference to preventing anti- |
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| | competitive behaviour includes a reference to eliminating or reducing the effects |
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| | (or potential effects) of the behaviour. |
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| | (3) | “Health care” means all forms of health care provided for individuals, whether |
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| | relating to physical or mental health, with a reference in this Part to health care |
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| | services being read accordingly; and for the purposes of this Part it does not |
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| | matter if a health care service is also an adult social care service (as to which, see |
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| | (4) | “The NHS” means the comprehensive health service continued under section 1(1) |
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| | of the National Health Service Act 2006, except the part of it that is provided in |
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| | pursuance of the public health functions (within the meaning of that Act) of the |
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| | Secretary of State or local authorities. |
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| | (5) | A reference to the provision of health care services for the purposes of the NHS |
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| | is a reference to their provision for those purposes in accordance with that Act. |
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| | (6) | Nothing in section 56 requires Monitor to do anything in relation to the supply to |
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| | persons who provide health care services of goods that are to be provided as part |
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| | Standard condition as to transparency in setting and application of certain criteria |
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| To move the following Clause:— |
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| | ‘(1) | The standard conditions applicable to any licence under this Chapter must include |
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| | a condition requiring the licence holder to— |
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| | (a) | set transparent eligibility and selection criteria, and |
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| | (b) | apply those criteria in a transparent way to persons who, having a choice |
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| | of persons from whom to receive health care services for the purposes of |
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| | the NHS, choose to receive them from the licence holder. |
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| | (2) | “Eligibility or selection criteria”, in relation to a licence holder, means criteria for |
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| | (a) | whether a person is eligible, or is to be selected, to receive health care |
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| | services provided by the licence holder for the purposes of the NHS, and |
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| | (b) | if the person is selected, the manner in which the services are provided to |
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| | Consultation: further provision |
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| To move the following Clause:— |
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| | ‘(1) | For the purpose of securing that the prices payable for the provision of health care |
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| | services for the purposes of the NHS are such as to result in a fair level of pay for |
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| | providers of the services, the National Health Service Commissioning Board and |
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| | Monitor must, in exercising functions under section 117, have regard to— |
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| | (a) | differences in the costs incurred in providing health care services for the |
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| | purposes of the NHS to persons of different descriptions, and |
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| | (b) | differences between providers with respect to the range of health care |
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| | services that they provide for those purposes. |
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| | (2) | In exercising functions under section 117(5), the Board and Monitor must act |
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| | with a view to securing the standardisation throughout England of the |
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| | specification of health care services in the national tariff under section 115(1)(a). |
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| | (3) | In exercising functions under section 117(10A), Monitor and the Board must act |
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| | with a view to securing the standardisation throughout England of the |
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| | specification of health care services in rules provided for in the national tariff |
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| | (4) | In carrying out the duty under subsection (2) or (3), the Board and Monitor must |
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| | have regard to whether, or to what extent, standardisation is likely to have a |
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| | significant adverse impact on the provision of health care services for the |
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| | Failure to discharge functions |
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| To move the following Clause:— |
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| | ‘(1) | In section 82 of the Health and Social Care Act 2008 (failure by Commission to |
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| | discharge functions), in subsection (1), at the end insert “, |
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| | | and that the failure is significant.” |
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| | (2) | After subsection (2) of that section insert— |
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| | “(2A) | But the Secretary of State may not give a direction under subsection (1) |
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| | in relation to the performance of functions in a particular case.” |
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| | (3) | After subsection (3) of that section insert— |
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| | “(4) | Where the Secretary of State exercises a power under subsection (1) or |
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| | (3), the Secretary of State must publish the reasons for doing so.” |
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| | (4) | In section 161 of that Act (orders, regulations and directions: general provisions), |
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| | in subsection (3), before “any power of the Secretary of State to give directions” |
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| | insert “(subject to section 82(2A))”. |
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| | (5) | In section 165 of that Act (directions), at the beginning of subsection (2) insert |
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| | “Subject to subsection (3),”. |
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| | (6) | After that subsection insert— |
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| | “(3) | A direction under section 82 must be given by regulations or by an |
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| | instrument in writing.”’. |
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| | HEALTH AND SOCIAL CARE BILL (PROGRAMME) (No.2) |
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| | That the following provisions shall apply to the Health and Social Care Bill for the |
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| | purpose of supplementing the Order of 31 January 2011 (Health and Social Care Bill |
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| | 1. | The Bill shall be re-committed to the Public Bill Committee to which it |
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| | previously stood committed in respect of the following Clauses and |
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| | (a) | in Part 1, Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29 and Schedules |
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| | (b) | in Part 3, Clauses 55, 56, 58, 59, 63 to 75, 100, 101, 112 to 117 and |
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| | 147 and Schedules 8 and 9; |
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| | (c) | in Part 4, Clauses 149, 156, 165, 166 and 176; |
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| | (d) | in Part 5, Clauses 178 to 180 and 189 to 193 and Schedule 15; |
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| | (e) | in Part 8, Clause 242; |
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| | (f) | in Part 9, Clause 265; |
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| | (g) | in Part 11, Clauses 285 and 286; |
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| | (h) | in Part 12, Clauses 295, 297 and 298. |
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| | 2. | Proceedings in the Public Bill Committee on re-committal shall (so far as not |
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| | previously concluded) be brought to a conclusion on Thursday 14 July 2011. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day it |
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| | Order of the Committee [28 JUNE 2011] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | (a) | at 4.00 pm on Tuesday 28 June; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 30 June; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 5 July; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 7 July; |
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| | (e) | at 10.30 am and 4.00 pm on Tuesday 12 July; |
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| | (f) | at 9.00 am and 1.00 pm on Thursday 14 July; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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