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Notices of Amendments: 23 June 2011

35

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

Mr Simon Burns

192

Clause  149,  page  138,  line  3,  at end insert—

‘( )	After paragraph 18D of that Schedule insert—

“18E (1)

The constitution must provide for meetings of the board of directors to

be open to members of the public.

(2)	But the constitution may provide for members of the public to be

excluded from a meeting for special reasons.”’.

Mr Simon Burns

193

Clause  156,  page  141,  line  34,  at end insert—

‘( )	After section 35(3) of that Act (things the regulator must consider before deciding

whether it is satisfied as to the matters in subsection (2)) insert—

“(3A)

The regulator must not give an authorisation unless it is notified by the

Care Quality Commission that it is satisfied that the applicant is

complying with (so far as applicable) the requirements mentioned in

section 12(2) of the Health and Social Care Act 2008 in relation to the

regulated activity or activities the applicant carries on.

(3B)	In subsection (3A), “regulated activity” has the same meaning as in

section 8 of the Health and Social Care Act 2008.”’.

Mr Simon Burns

194

Clause  165,  page  147,  line  29,  after ‘applicant’, insert ‘(that is an NHS foundation

trust)’.

Mr Simon Burns

195

Clause  165,  page  147,  line  31,  leave out paragraph (a).

Mr Simon Burns

196

Clause  166,  page  148,  line  12,  after ‘applicant’, insert ‘(that is an NHS foundation

trust)’.

Mr Simon Burns

197

Clause  166,  page  148,  line  13,  after ‘must’, insert ‘—

(a)	be supported by the Secretary of State if B is an NHS trust, and

(b)

’.

Mr Simon Burns

198

Clause  176,  page  155,  line  10,  leave out subsections (3) and (4).

Mr Simon Burns

199

Clause  178,  page  157,  line  36,  at end insert ‘; and the Commission must inform the

committee in writing of its response or proposed response to the advice.’.

Notices of Amendments: 23 June 2011

36

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

Mr Simon Burns

200

Clause  178,  page  158,  line  31,  after ‘discharge’, insert ‘,

and that the failure is significant’.

Mr Simon Burns

201

Clause  178,  page  158,  line  34,  at end insert—

‘( )	In subsection (2A) of that section (inserted by section [Failure to discharge

functions]), after “(1)” insert “or (1A)”.’.

Mr Simon Burns

202

Clause  178,  page  158,  line  37,  at end insert—

‘( )	In subsection (4) of that section (inserted by section [Failure to discharge

functions]), after “(1)” insert “, (1A)”.’.

Mr Simon Burns

203

Clause  178,  page  158,  line  37,  at end insert—

‘( )	For the title to that section substitute “Failure by the Commission or Healthwatch

England in discharge of functions”.’.

Mr Simon Burns

204

Schedule  15,  page  364,  line  17,  at end insert—

‘()	A direction under sub-paragraph (4) may be varied or revoked by a

subsequent direction.’.

Mr Simon Burns

205

Clause  179,  page  160,  line  5,  at end insert—

‘( )	In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector

equality duty), after the entry for the Health Service Commissioner for England

insert—

“A Local Healthwatch organisation.”’.

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”.’.

Notices of Amendments: 23 June 2011

37

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

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’.

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

Notices of Amendments: 23 June 2011

38

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

(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.’.

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,  at end insert ‘(subject to section 63(3))’.

Mr Simon Burns

226

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

Notices of Amendments: 23 June 2011

39

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

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.

(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.”’.

Notices of Amendments: 23 June 2011

40

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

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

(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.

Notices of Amendments: 23 June 2011

41

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

(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

(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

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