Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 23 June 2011

16

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

(b)	that the Board’s use of revenue resources in a financial year which is

attributable to such prescribed matters relating to administration as are

specified in the direction does not exceed an amount so specified.

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

specifying uses of capital resources or revenue resources which must, or must not,

be taken into account for the purposes of subsection (1) or (as the case may be)

subsection (2) or (3).

(5)	The Secretary of State may not give a direction under subsection (1) or (2) unless

the direction is for the purpose of complying with a limit imposed by the

Treasury.’.

Mr Simon Burns

95

Clause  21,  page  27,  line  18,  leave out ‘and’ and insert—

‘( )	that the applicants have made appropriate arrangements to ensure that the

consortium will have a governing body which satisfies any requirements

imposed by or under this Act and is otherwise appropriate, and’.

Mr Simon Burns

96

Clause  21,  page  29,  line  28,  at end insert—

‘14IA

Publication of constitution of consortia

(1)	A commissioning consortium must publish its constitution.

(2)	If the constitution of a commissioning consortium is varied under section 14E or

14F, the consortium must publish the constitution as so varied.’.

Mr Simon Burns

97

Clause  21,  page  29,  line  35,  at end insert—

‘( )	the publication of the constitutions of commissioning consortia under

section 14IA.’.

Mr Simon Burns

98

Clause  21,  page  29,  line  35,  at end insert—

‘Governing bodies of consortia

14JA	Governing bodies of commissioning consortia

(1)	A commissioning consortium must have a governing body.

(2)	The main function of the governing body is to ensure that the consortium has

made appropriate arrangements for ensuring that it complies with—

(a)	its obligations under section 14K, and

(b)	such generally accepted principles of good governance as are relevant to

it.

(3)	The governing body also has—

(a)	the function of determining the remuneration, fees and allowances

payable to the employees of the consortium or to other persons providing

services to it, and

Notices of Amendments: 23 June 2011

17

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

(b)	such other functions connected with the exercise of its main function as

may be specified in the consortium’s constitution or by regulations.

(4)	Only the following may be members of the governing body—

(a)	a member of the consortium who is an individual;

(b)	an individual appointed by virtue of regulations under section 14JC(2);

(c)	an individual of a description specified in the constitution of the

consortium.

(5)	A commissioning consortium may pay members of the governing body such

remuneration and allowances as it considers appropriate.

(6)	Regulations may make provision requiring a commissioning consortium to obtain

the approval of its governing body before exercising any functions specified in

the regulations.

(7)	Regulations may make provision requiring governing bodies of commissioning

consortia to publish, in accordance with the regulations, prescribed information

relating to determinations made under subsection (3)(a).

(8)	The Board may publish guidance for governing bodies on the exercise of their

function under subsection (3)(a).

14JB	Audit and remuneration committees of governing bodies

(1)	The governing body of a commissioning consortium must have an audit

committee and a remuneration committee.

(2)	The audit committee has—

(a)	such functions in relation to the financial duties of the consortium as the

governing body considers appropriate for the purpose of assisting it in

discharging its function under section 14JA(2), and

(b)	such other functions connected with the governing body’s function under

section 14JA(2) as may be specified in the consortium’s constitution or

by regulations.

(3)	The remuneration committee has—

(a)	the function of making recommendations to the governing body as to the

discharge of its function under section 14JA(3)(a), and

(b)	such other functions connected with the governing body’s function under

section 14JA(2) as may be specified in the consortium’s constitution or

by regulations.

14JC	Regulations as to governing bodies of commissioning consortia

(1)	Regulations may make provision specifying the minimum number of members of

governing bodies of commissioning consortia.

(2)	Regulations may—

(a)	provide that the members of governing bodies must include the

accountable officer of the consortium;

(b)	provide that the members of governing bodies, or their audit or

remuneration committees, must include—

(i)	individuals who are health care professionals of a prescribed

description;

(ii)	individuals who are lay persons;

(iii)

individuals of any other description which is prescribed;

(c)	in relation to any description of individuals mentioned in regulations by

virtue of paragraph (b), specify—

(i)	the minimum number of individuals of that description who must

be appointed;

Notices of Amendments: 23 June 2011

18

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

(ii)	the maximum number of such individuals who may be

appointed;

(d)	provide that the descriptions specified for the purposes of section

14JA(4)(c) may not include prescribed descriptions.

(3)	Regulations may make provision as to—

(a)	qualification and disqualification for membership of governing bodies or

their audit or remuneration committees;

(b)	how members are to be appointed;

(c)	the tenure of members (including the circumstances in which a member

ceases to hold office or may be removed or suspended from office);

(d)	eligibility for re-appointment.

(4)	Regulations may make provision for the appointment of chairs and deputy chairs

of governing bodies or their audit or remuneration committees, including

provision as to—

(a)	qualification and disqualification for appointment;

(b)	tenure of office (including the circumstances in which the chair or deputy

chair ceases to hold office or may be removed or suspended from office);

(c)	eligibility for re-appointment.

(5)	Regulations may—

(a)	make provision as to the matters which must be included in the

constitutions of commissioning consortia under paragraph 5B of

Schedule 1A;

(b)	make such other provision about the procedure of governing bodies or

their audit or remuneration committees as the Secretary of State

considers appropriate, including provision about the frequency of

meetings.

(6)	In this section—

“health care professional” means an individual who is a member of a

profession regulated by a body mentioned in section 25(3) of the National

Health Service Reform and Health Care Professions Act 2002;

“lay person” means an individual who is not—

(a)	a member of the consortium,

(b)	a health care professional, or

(c)	an individual of a prescribed description.’.

Mr Simon Burns

99

Schedule  2,  page  255,  line  11,  at end insert—

‘()	The name of the consortium must comply with such requirements as may be

prescribed.’.

Mr Simon Burns

100

Schedule  2,  page  255,  line  14,  leave out ‘remuneration and the other’.

Mr Simon Burns

101

Schedule  2,  page  255,  line  24,  leave out ‘or’ and insert—

‘( )	its governing body, or’.

Notices of Amendments: 23 June 2011

19

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

Mr Simon Burns

102

Schedule  2,  page  255,  line  30,  at end insert—

‘()	The constitution must also specify the arrangements made by the

commissioning consortium for securing that there is transparency about the

decisions of the consortium and the manner in which they are made.’.

Mr Simon Burns

103

Schedule  2,  page  255,  line  31,  after ‘by’, insert ‘virtue of’.

Mr Simon Burns

104

Schedule  2,  page  255,  line  33,  at end insert—

‘Governing bodies of consortia

5A  (1)

The constitution must specify the arrangements made by the commissioning

consortium for the discharge of the functions of its governing body.

(2)	The arrangements—

(a)	must include provision for the appointment of the audit committee and

remuneration committee of the governing body, and

(b)	may include provision for the appointment of other committees or sub-

committees of the governing body.

(3)	Arrangements under sub-paragraph (2)(a) may include provision for the audit

committee to include individuals who are not members of the governing body.

(4)	Arrangements under sub-paragraph (2)(b) may include provision for a

committee or sub-committee to include individuals who are not members of

the governing body but are—

(a)	members of the consortium, or

(b)	individuals of a description specified in the constitution.

(5)	The consortium may pay travel or other allowances to members of any

committee or sub-committee of the governing body who are not members of

the governing body.

(6)	The arrangements may include provision for any functions of the governing

body to be exercised on its behalf by—

(a)	any committee or sub-committee of the governing body,

(b)	a member of the governing body,

(c)	a member of the consortium who is an individual (but is not a member

of the governing body), or

(d)	an individual of a description specified in the constitution.

5B  (1)

The constitution must specify the procedure to be followed by the governing

body in making decisions.

(2)	The constitution must, in particular, make provision for dealing with conflicts

of interests of members of the governing body.

(3)	The constitution must also specify the arrangements made by the

commissioning consortium for securing that there is transparency about the

decisions of the governing body and the manner in which they are made.

(4)	The provision made under sub-paragraph (3) must include provision for

meetings of governing bodies to be open to the public, except where the

consortium considers that it would not be in the public interest to permit

members of the public to attend a meeting or part of a meeting.’.

Notices of Amendments: 23 June 2011

20

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

Mr Simon Burns

105

Schedule  2,  page  256,  line  14,  leave out ‘it may’ and insert ‘its governing body

determines under section 14JA(3)(a)’.

Mr Simon Burns

106

Schedule  2,  page  256,  leave out lines 18 to 23.

Mr Simon Burns

107

Schedule  2,  page  257,  line  20,  leave out ‘223K’ and insert ‘223JA’.

Mr Simon Burns

108

Clause  22,  page  30,  line  3,  at end insert—

‘14JD

Duty to promote NHS Constitution

(1)	Each commissioning consortium 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).’.

Mr Simon Burns

109

Clause  22,  page  30,  line  28,  leave out ‘, promoting patient involvement etc.’.

Mr Simon Burns

110

Clause  22,  page  30,  leave out lines 35 to 38.

Mr Simon Burns

111

Clause  22,  page  30,  line  40,  at end insert—

‘14NA

Duty to promote involvement of each patient

(1)	Each commissioning consortium 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)	The Board may publish guidance for commissioning consortia on the discharge

of their duties under this section.

(3)	A commissioning consortium must have regard to any guidance published by the

Board under subsection (2).

(4)	In this section, “health services” has the same meaning as in section 14N.

© Parliamentary copyright	Revised 24 June 2011