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Public Bill Committee: 14 July 2011                     

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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.


 
 

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(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.”’.

 


 

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


 
 

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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


 
 

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(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.”


 
 

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(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.

 

 

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:


 
 

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

 
 

      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:

 

      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

  

 
 

Public Bill Committee: 14 July 2011                     

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

 
 


 
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