Session 2010 - 12
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Notices of Amendments: 23 June 2011

42

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

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.”

(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.”’.

© Parliamentary copyright	Revised 24 June 2011