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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

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

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.’.

Notices of Amendments: 24 June 2011

52

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

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

(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

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

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.

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

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.’.

Notices of Amendments: 24 June 2011

56

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

Mr Simon Burns

117

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

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

© Parliamentary copyright	Revised 27 June 2011