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Notices of Amendments: 24 June 2011                     

50

 

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

 
 

and insert—

 

‘223DA 

 Financial duties of the Board: controls on total resource use

 

(1)    

In this Chapter—

 

“total capital resource use”, in relation to a financial year, means the use of

 

capital resources in that year by the Board and commissioning consortia

 

(taken together);

 

“total revenue resource use”, in relation to a financial year, means the use of

 

revenue resources in that year by the Board and commissioning consortia

 

(taken together).

 

(2)    

The Board must ensure that total capital resource use in a financial year does not

 

exceed the amount specified by the Secretary of State.

 

(3)    

The Board must ensure that total revenue resource use in a financial year does not

 

exceed the amount specified by the Secretary of State.

 

(4)    

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

 

specifying descriptions of resources which must, or must not, be treated as capital

 

resources or revenue resources for the purposes of this Chapter.

 

(5)    

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

 

specifying uses of capital resources or revenue resources which must not be taken

 

into account for the purposes of this Chapter.

 

(6)    

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

 

specifying uses of capital resources or revenue resources which must be taken

 

into account for the purposes of this section.

 

(7)    

The amount specified for the purposes of subsection (2) or (3) may be varied only

 

if—

 

(a)    

the Board agrees to the change, or

 

(b)    

the Secretary of State considers that there are exceptional circumstances

 

which make the variation necessary.

 

(8)    

Any reference in this Chapter to the use of capital resources or revenue resources

 

is a reference to their expenditure, consumption or reduction in value.

 

223DB

 Financial duties of the Board: additional controls on resource use

 

(1)    

The Secretary of State may direct the Board to ensure that total 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 Secretary of State may direct the Board to ensure that total 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 Secretary of State may direct the Board to ensure —

 

(a)    

that total revenue resource use 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;

 

(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).


 
 

Notices of Amendments: 24 June 2011                     

51

 

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

 
 

(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

 

Parliamentary Star - white    

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’.

 

Liz Kendall

 

Emily Thornberry

 

5

 

Clause  21,  page  27,  line  18,  at end insert—

 

‘(ea)    

that the constitution contains provision for an executive board of the

 

consortium, which must—

 

(i)    

meet in public,

 

(ii)    

publish agendas and minutes of its meetings,

 

(iii)    

include appropriate representation of a range of clinicians among

 

its membership,

 

(iv)    

include appropriate local democratic representation among its

 

membership, and

 

(v)    

include appropriate patient representation among its

 

membership,

 

(eb)    

that the area specified by the constitution contains a sufficiently large

 

population for the consortium to be able to commission health services

 

for that population effectively.’.

 

Mr Simon Burns

 

96

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

‘( )    

the publication of the constitutions of commissioning consortia under

 

section 14IA.’.


 
 

Notices of Amendments: 24 June 2011                     

52

 

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

 
 

Mr Simon Burns

 

98

 

Parliamentary Star - white    

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

 

(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.


 
 

Notices of Amendments: 24 June 2011                     

53

 

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

 
 

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;

 

(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


 
 

Notices of Amendments: 24 June 2011                     

54

 

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

 
 

(c)    

an individual of a prescribed description.’.

 


 

Mr Simon Burns

 

108

 

Parliamentary Star - white    

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).’.

 

Liz Kendall

 

Emily Thornberry

 

6

 

Clause  22,  page  30,  line  6,  at end insert—

 

‘14KA

 Duty as to commissioning of services

 

In carrying out its duties in respect of the commissioning of services each

 

commissioning consortium must in the exercise of its functions have regard to the

 

interdependency of services and the impact that the arrangements for the

 

provision for one service may have on the financial and clinical sustainability of

 

other services.’.

 

Mr Simon Burns

 

109

 

Parliamentary Star - white    

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

 

Mr Simon Burns

 

110

 

Parliamentary Star - white    

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

 

Mr Simon Burns

 

111

 

Parliamentary Star - white    

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.


 
 

Notices of Amendments: 24 June 2011                     

55

 

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

 
 

(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.

 

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

 

Parliamentary Star - white    

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

 

‘obtain’.

 

Mr Simon Burns

 

113

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.’.


 
 

Notices of Amendments: 24 June 2011                     

56

 

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

 
 

Mr Simon Burns

 

117

 

Parliamentary Star - white    

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

 

‘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).’.

 

Liz Kendall

 

Emily Thornberry

 

7

 

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

 

‘14OA

 Duty as to conflicts of interest

 

(1)    

Each commissioning consortium must exercise its functions so as to ensure that

 

any conflicts of interest, and personal and prejudicial interests are dealt with.

 

(2)    

The Secretary of State must issue guidance on how conflicts of interest and

 

personal and prejudicial interests should be dealt with by commissioning

 

consortia as part of their decision making.’.

 

Liz Kendall

 

Emily Thornberry

 

8

 

Clause  22,  page  31,  line  12,  leave out from second ‘are’ to end of line 13 and insert

 

‘fully consulted—’.

 

Mr Simon Burns

 

118

 

Parliamentary Star - white    

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


 
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Revised 27 June 2011