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Notices of Amendments: 24 June 2011

57

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

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.’.

Liz Kendall

Emily Thornberry

9

Clause  22,  page  32,  line  28,  at end insert—

‘(1A)

The Secretary of State must publish guidance to commissioning consortia about

its exercise of powers under subsection (1), to which each commissioning

consortia must have regard.’.

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.

Notices of Amendments: 24 June 2011

58

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

Liz Kendall

Emily Thornberry

10

Clause  22,  page  34,  line  41,  leave out paragraph (b) and insert—

‘(b)	the consortium must provide information on its plan in response to the

Health and Wellbeing Board, and

(c)	before submitting the plan to the National Commissioning Board, the

consortium must obtain the consent of the Health and Wellbeing Board.’.

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

(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—

Notices of Amendments: 24 June 2011

59

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

(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—

(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.’.

Notices of Amendments: 24 June 2011

60

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

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.’.

Liz Kendall

Emily Thornberry

37

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

‘(c)	section 14OA’.

Notices of Amendments: 24 June 2011

61

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

Notices of Amendments: 24 June 2011

62

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

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

may be) subsection (2) of that section.

(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.’.

Liz Kendall

Emily Thornberry

38

Clause  23,  page  42,  line  11,  leave out from beginning to end of line 3 on page 43.

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).

Notices of Amendments: 24 June 2011

63

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

(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

(b)	by virtue of section 7A or 12;

“relevant inequalities” means inequalities between the persons for whose

benefit relevant services are at any time provided with respect to—

(a)	their ability to access the services, or

(b)	the outcomes achieved for them by their provision.’.

Mr Simon Burns

146

Clause  23,  page  42,  line  16,  leave out from beginning to end of line 3 on page 43.

Liz Kendall

Emily Thornberry

39

Clause  28,  page  46,  line  38,  at end add—

‘(3)	This section comes into force on a date to be specified by order by the Secretary

of State.

(4)	The time specified in subsection (3) must be after such time as the Secretary of

State is satisfied that the workforce education and training functions of strategic

health authorities are being fulfilled by another body.’.

Liz Kendall

Emily Thornberry

11

Page  74,  line  29,  leave out Clause 55.

Mr Simon Burns

148

Clause  56,  page   74,  line  37,  leave out from ‘services’ to end of line 2 on page 75

and insert ‘by promoting provision of health care services which—

(a)	is economic, efficient and effective, and

(b)	maintains or improves the quality of the services.’.

Liz Kendall

Emily Thornberry

40

Clause  56,  page  75,  line  1,  leave out paragraphs (a) and (b) and insert ‘by

promoting collaboration and integration within health services in England’.

© Parliamentary copyright	Revised 27 June 2011