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Notices of Amendments: 23 June 2011

21

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

14NB	Duty as to patient choice

(1)	Each commissioning consortium must, in the exercise of its functions, act with a

view to enabling patients to make choices with respect to aspects of health

services provided to them.

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

Mr Simon Burns

112

Clause  22,  page  31,  line  2,  leave out from ‘must’ to ‘advice’ in line 3 and insert

‘obtain’.

Mr Simon Burns

113

Clause  22,  page  31,  line  4,  leave out from ‘persons’ to end of line 5 and insert ‘who

(taken together) have a broad range of professional expertise in—

(a)	the prevention, diagnosis or treatment of illness, and

(b)	the protection or improvement of public health.’.

Mr Simon Burns

114

Clause  22,  page  31,  line  5,  at end insert—

‘(2)	The Board may publish guidance for commissioning consortia on the discharge

of their duties under subsection (1).

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

Board under subsection (2).’.

Mr Simon Burns

115

Clause  22,  page  31,  line  5,  at end insert—

‘14OA

Duty to promote innovation

(1)	Each commissioning consortium must, in the exercise of its functions, promote

innovation in the provision of health services (including innovation in the

arrangements made for their provision).

(2)	In this section, “health services” means services provided as part of the health

service.’.

Mr Simon Burns

116

Clause  22,  page  31,  line  5,  at end insert—

‘14OB

Duty in respect of research

Each commissioning consortium must, in the exercise of its functions, 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.’.

Mr Simon Burns

117

Clause  22,  page  31,  line  5,  at end insert—

Notices of Amendments: 23 June 2011

22

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

‘14OC

Duty as to promoting integration

(1)	Each commissioning consortium must exercise its functions with a view to

securing that health services are provided in an integrated way where it considers

that this would—

(a)	improve the quality of those services (including the outcomes that are

achieved from their provision),

(b)	reduce inequalities between persons with respect to their ability to access

those services, or

(c)	reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.

(2)	Each commissioning consortium must exercise its functions with a view to

securing that the provision of health services is integrated with the provision of

health-related services or social care services where it considers that this would—

(a)	improve the quality of the health services (including the outcomes that

are achieved from the provision of those services),

(b)	reduce inequalities between persons with respect to their ability to access

those services, or

(c)	reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those services.

(3)	In this section—

“health services” means services provided as part of the health service;

“health-related services” means services that may have an effect on the

health of individuals but are not health services or social care services;

“social care services” means services that are provided in pursuance of the

social services functions of local authorities (within the meaning of the

Local Authority Social Services Act 1970).’.

Mr Simon Burns

118

Clause  22,  page  31,  line  18,  leave out ‘a significant’ and insert ‘an’.

Mr Simon Burns

119

Clause  22,  page  31,  line  24,  at end insert—

‘( )	The commissioning consortium must include in its constitution—

(a)	a description of the arrangements made by it under subsection (2), and

(b)	a statement of the principles which it will follow in implementing those

arrangements.’.

Mr Simon Burns

120

Clause  22,  page  32,  line  10,  at end insert—

‘( )	Arrangements made under this section do not affect the liability of a

commissioning consortium for the exercise of any of its functions.’.

Mr Simon Burns

121

Clause  22,  page  32,  line  22,  at end insert—

‘( )	Arrangements made by virtue of this section do not affect the liability of a

commissioning consortium for the exercise of any of its functions.’.

Notices of Amendments: 23 June 2011

23

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

Mr Simon Burns

122

Clause  22,  page  33,  line  42,  at end insert—

‘( )	Arrangements made under this section do not affect the liability of a

commissioning consortium for the exercise of any of its functions.’.

Mr Simon Burns

123

Clause  22,  page  34,  line  29,  leave out ‘section 14L’ and insert ‘sections 14L and

14P’.

Mr Simon Burns

124

Clause  22,  page  34,  line  30,  leave out ‘223K’ and insert ‘223JA’.

Mr Simon Burns

125

Clause  22,  page  34,  line  31,  leave out from beginning to end of line 3 on page 35.

Mr Simon Burns

126

Clause  22,  page  35,  leave out lines 9 to 22.

Mr Simon Burns

127

Clause  22,  page  35,  line  24,  leave out ‘subsections (10) to (13)’ and insert ‘this

section and sections 14YA and 14YB’.

Mr Simon Burns

128

Clause  22,  page  35,  line  27,  leave out ‘section’ and insert ‘Chapter’.

Mr Simon Burns

129

Clause  22,  page  35,  line  27,  after ‘Board”’, insert ‘, in relation to a commissioning

consortium,’.

Mr Simon Burns

130

Clause  22,  page  35,  line  30,  at end insert—

‘14YA

Revision of commissioning plans

(1)	A commissioning consortium may revise a plan published by it under section

14Y.

(2)	If the commissioning consortium revises the plan in a way which it considers to

be significant—

(a)	the consortium must publish the revised plan, and

(b)	subsections (8) and (9) of section 14Y apply in relation to the revised plan

as they apply in relation to the original plan.

(3)	If the commissioning consortium revises the plan in any other way, the

consortium must—

(a)	publish a document setting out the changes it has made to the plan, and

Notices of Amendments: 23 June 2011

24

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

(b)	give a copy of the document to the Board and each relevant Health and

Wellbeing Board.’.

Mr Simon Burns

131

Clause  22,  page  35,  line  30,  at end insert—

‘14YB

Consultation about commissioning plans

(1)	This section applies where a commissioning consortium is—

(a)	preparing a plan under section 14Y, or

(b)	revising a plan under section 14YA in a way which it considers to be

significant.

(2)	The commissioning consortium must consult individuals for whom it has

responsibility for the purposes of section 3.

(3)	The consortium must involve each relevant Health and Wellbeing Board in

preparing or revising the plan.

(4)	The consortium must, in particular—

(a)	give each relevant Health and Wellbeing Board a draft of the plan or (as

the case may be) the plan as revised, and

(b)	consult each such Board on whether the draft takes proper account of

each joint health and wellbeing strategy published by it which relates to

the period (or any part of the period) to which the plan relates.

(5)	Where a Health and Wellbeing Board is consulted under subsection (4)(b), the

Health and Wellbeing Board must give the consortium its opinion on the matter

mentioned in that subsection.

(6)	Where a Health and Wellbeing Board is consulted under subsection (4)(b)—

(a)	it may also give the Board its opinion on the matter mentioned in that

subsection, and

(b)	if it does so, it must give the consortium a copy of its opinion.

(7)	If a commissioning consortium revises or further revises a draft after it has been

given to each relevant Health and Wellbeing Board under subsection (4),

subsections (4) to (6) apply in relation to the revised draft as they apply in relation

to the original draft.

(8)	A commissioning consortium must include in a plan published under section

14Y(7) or 14YA(2)—

(a)	a summary of the views expressed by individuals consulted under

subsection (2),

(b)	an explanation of how the consortium took account of those views, and

(c)	a statement of the final opinion of each relevant Health and Wellbeing

Board consulted in relation to the plan under subsection (4).

(9)	In this section, “joint health and wellbeing strategy” means a strategy under

section 116A of the Local Government and Public Involvement in Health Act

2007 which is prepared and published by a Health and Wellbeing Board by virtue

of section 193 of the Health and Social Care Act 2011.’.

Mr Simon Burns

132

Clause  22,  page  35,  line  30,  at end insert—

‘14YC

Opinion of Health and Wellbeing Boards on commissioning plans

(1)	A relevant Health and Wellbeing Board—

Notices of Amendments: 23 June 2011

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

(a)	may give the Board its opinion on whether a plan published by a

commissioning consortium under section 14Y(7) or 14YA(2) takes

proper account of each joint health and wellbeing strategy published by

the Health and Wellbeing Board which relates to the period (or any part

of the period) to which the plan relates, and

(b)	if it does so, must give the consortium a copy of its opinion.

(2)	In this section, “joint health and wellbeing strategy” has the same meaning as in

section 14YB.’.

Mr Simon Burns

133

Clause  22,  page  35,  line  35,  after ‘particular’, insert ‘—

(a)

’.

Mr Simon Burns

134

Clause  22,  page  35,  line  36,  at end insert ‘, and—

(b)	review the extent to which the consortium has contributed to the delivery

of any joint health and wellbeing strategy to which it was required to have

regard under section 116B(1)(b) of the Local Government and Public

Involvement in Health Act 2007.

( )	In preparing the review required by subsection (2)(b), the consortium must

consult each relevant Health and Wellbeing Board.’.

Mr Simon Burns

135

Clause  22,  page  36,  line  9,  leave out ‘and’ and insert—

‘( )	section 14O,’

Mr Simon Burns

136

Clause  22,  page  36,  line  9,  at end insert—

‘( )	section 14P, and’

Mr Simon Burns

137

Clause  22,  page  36,  line  10,  leave out ‘223K’ and insert ‘223JA’.

Mr Simon Burns

138

Clause  22,  page  36,  line  10,  at end insert ‘, and

( )	section 116B(1) of the Local Government and Public Involvement in

Health Act 2007 (duty to have regard to assessments and strategies).’.

Mr Simon Burns

139

Clause  22,  page  36,  line  10,  at end insert—

‘( )	In conducting a performance assessment, the Board must consult each relevant

Health and Wellbeing Board as to its views on the consortium’s contribution to

the delivery of any joint health and wellbeing strategy to which the consortium

was required to have regard under section 116B(1)(b) of that Act of 2007.’.

Notices of Amendments: 23 June 2011

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

Mr Simon Burns

140

Clause  22,  page  40,  line  3,  at end insert—

‘“relevant Health and Wellbeing Board”, in relation to a commissioning

consortium, has the meaning given by section 14Y(16);’.

Mr Simon Burns

141

Clause  23,  page  40,  line  41,  leave out ‘general’ and insert ‘expenditure’.

Mr Simon Burns

142

Clause  23,  page  41,  line  24,  leave out from beginning to end of line 10 on page 42

and insert—

‘(1)	For the purposes of this section and section 223JA—

(a)	a commissioning consortium’s capital resource use, in relation to a

financial year, means the consortium’s use of capital resources in that

year, and

(b)	a commissioning consortium’s revenue resource use, in relation to a

financial year, means the consortium’s use of revenue resources in that

year.

(2)	A commissioning consortium must ensure that its capital resource use in a

financial year does not exceed the amount specified by direction of the Board.

(3)	A commissioning consortium must ensure that its revenue resource use in a

financial year does not exceed the amount specified by direction of the Board.

(4)	Any directions given in relation to a financial year under subsection (6) of section

223DA apply (in relation to that year) for the purposes of this section as they

apply for the purposes of that section.

(5)	The Board may by directions make provision for determining to which

consortium a use of capital resources or revenue resources is to be attributed for

the purposes of this section or section 223JA.

(6)	Where the Board gives a direction under subsection (2) or (3), it must notify the

Secretary of State.

223JA

Financial duties of consortia: additional controls on resource use

(1)	The Board may direct a commissioning consortium to ensure that its capital

resource use in a financial year which is attributable to matters specified in the

direction does not exceed an amount so specified.

(2)	The Board may direct a commissioning consortium to ensure that its revenue

resource use in a financial year which is attributable to matters specified in the

direction does not exceed an amount so specified.

(3)	The Board may direct a commissioning consortium to ensure that its revenue

resource use in a financial year which is attributable to prescribed matters relating

to administration does not exceed an amount specified in the direction.

(4)	The Board 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 Board may not exercise the power conferred by subsection (1) or (2) in

relation to particular matters unless the Secretary of State has given a direction in

relation to those matters under subsection (1) of section 223DB or (as the case

may be) subsection (2) of that section.

Notices of Amendments: 23 June 2011

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

(6)	The Board may not exercise the power conferred by subsection (3) in relation to

prescribed matters relating to administration unless the Secretary of State has

given a direction in relation to those matters under subsection (3)(a) of section

223DB.’.

Mr Simon Burns

143

Clause  23,  page  42,  line  11,  leave out ‘performance’ and insert ‘quality’.

Mr Simon Burns

144

Clause  23,  page  42,  line  13,  leave out from ‘consortium’ to end of line 15.

Mr Simon Burns

145

Clause  23,  page  42,  line  15,  at end insert—

‘(1B)

For the purpose of determining whether to make a payment under subsection (1)

and (if so) the amount of the payment, the Board must take into account at least

one of the following factors—

(a)	the quality of relevant services provided during the financial year;

(b)	any improvement in the quality of relevant services provided during that

year (in comparison to the quality of relevant services provided during

previous financial years);

(c)	the outcomes identified during the financial year as having been achieved

from the provision at any time of relevant services;

(d)	any improvement in the outcomes identified during that financial year as

having been so achieved (in comparison to the outcomes identified

during previous financial years as having been so achieved).

(1C)	For that purpose, the Board may also take into account either or both of the

following factors—

(a)	relevant inequalities identified during that year;

(b)	any reduction in relevant inequalities identified during that year (in

comparison to relevant inequalities identified during previous financial

years).

(1D)	Regulations may make provision as to the principles or other matters that the

Board must or may take into account in assessing any factor mentioned in

subsection (1B) or (1C).

(1E)	Regulations may provide that, in prescribed circumstances, the Board may, if it

considers it appropriate to do so—

(a)	not make a payment that would otherwise be made to a consortium under

subsection (1), or

(b)	reduce the amount of such a payment.

(1F)	Regulations may make provision as to how payments under subsection (1) may

be spent (which may include provision as to circumstances in which the whole or

part of any such payments may be distributed to members of the commissioning

consortium).

(1G)	A commissioning consortium must publish an explanation of how the consortium

has spent any payment made to it under subsection (1).

(1H)	In this section—

“relevant services” means services provided in pursuance of arrangements

made by the consortium—

(a)	under section 3 or 3A or Schedule 1, or

© Parliamentary copyright	Revised 24 June 2011