Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 28 June 2011

112

Health and Social Care (Re-committed) Bill Continued

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).

(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

Public Bill Committee: 28 June 2011

113

Health and Social Care (Re-committed) Bill Continued

(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.’.

Mr Simon Burns

147

Schedule  3,  page  262,  line  4,  leave out ‘223J and 223K(2)’ and insert ‘and

223J(3)’.

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.’.

Public Bill Committee: 28 June 2011

114

Health and Social Care (Re-committed) Bill Continued

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’.

Mr Simon Burns

149

Clause  56,  page   75,  line  4,  at end insert—

‘(2A)

Monitor must exercise its functions with a view to preventing anti-competitive

behaviour in the provision of health care services for the purposes of the NHS

which is against the interests of people who use such services.

(2B)	Monitor must exercise its functions with a view to enabling health care services

provided for the purposes of the NHS to be 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) or the efficiency of 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.

(2C)	Monitor must exercise its functions with a view to enabling the provision of

health care services provided for the purposes of the NHS to be integrated with

the provision of health-related services or social care services where it considers

that this would—

(a)	improve the quality of those health care services (including the outcomes

that are achieved from their provision) or the efficiency of their

provision,

(b)	reduce inequalities between persons with respect to their ability to access

those health care services, or

(c)	reduce inequalities between persons with respect to the outcomes

achieved for them by the provision of those health care services.

(2D)	Monitor must, in carrying out its duties under subsections (2B) and (2C), have

regard to the way in which—

(a)	the National Health Service Commissioning Board carries out its duties

under section 13J of the National Health Service Act 2006, and

(b)	commissioning consortia carry out their duties under section 14OC of

that Act.’.

Mr Simon Burns

150

Clause  56,  page  75,  line  4,  at end insert—

‘( )	Monitor must secure that people who use health care services, and other members

of the public, are involved to an appropriate degree in decisions that Monitor

makes about the exercise of its functions (other than decisions it makes about the

exercise of its functions in a particular case).’.

Mr Simon Burns

151

Clause  56,  page   75,  line  5,  leave out subsection (3).

Public Bill Committee: 28 June 2011

115

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

152

Clause  56,  page  75,  line  6,  at end insert—

‘( )	Monitor must obtain advice appropriate for enabling it effectively to discharge its

functions from persons who (taken together) have a broad range of professional

expertise in—

(a)	the prevention, diagnosis or treatment of illness (within the meaning of

the National Health Service Act 2006), and

(b)	the protection or improvement of public health.’.

Mr Simon Burns

153

Clause  56,  page  75,  line  9,  at end insert—

‘( )	Monitor must not exercise its functions for the purpose of causing a variation in

the proportion of health care services provided for the purposes of the NHS 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.’.

Mr Simon Burns

154

Clause  56,  page   75,  line  9,  at end insert—

‘( )	In this section—

“health-related services” means services that may have an effect on people’s

health but are not health care 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).’.

Mr Simon Burns

155

Clause  56,  page   75,  line  10,  leave out subsections (5) to (8).

Liz Kendall

Emily Thornberry

12

Page  74,  line  35,  leave out Clause 56.

Mr Simon Burns

156

Clause  58,  page  76,  line  11,  at end insert—

‘( )	the desirability of persons who provide health care services for the

purposes of the NHS co-operating with each other in order to improve the

quality of health care services provided for those purposes,’.

Public Bill Committee: 28 June 2011

116

Health and Social Care (Re-committed) Bill Continued

Liz Kendall

Emily Thornberry

13

Page  75,  line  38,  leave out Clause 58.

Liz Kendall

Emily Thornberry

14

Page  76,  line  29,  leave out Clause 59.

Mr Simon Burns

157

Clause  63,  page  79,  line  29,  leave out ‘a function’ and insert ‘any function of

Monitor’s’.

Liz Kendall

Emily Thornberry

15

Page  79,  line  27,  leave out Clause 63.

Liz Kendall

Emily Thornberry

16

Page  80,  line  3,  leave out Clause 64.

Liz Kendall

Emily Thornberry

17

Page  80,  line  21,  leave out Clause 65.

Liz Kendall

Emily Thornberry

18

Page  81,  line  1,  leave out Clause 66.

Public Bill Committee: 28 June 2011

117

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

158

Clause  67,  page  82,  line  7,  leave out paragraph (c) and insert—

‘(c)	do not engage in anti-competitive behaviour which is against the interests

of people who use such services.’.

Liz Kendall

Emily Thornberry

43

Clause  67,  page  82,  line  7,  leave out from ‘to)’ to end of line 9 and insert ‘prevent

collaboration or integration in the provision of health care services for those purposes.’.

Liz Kendall

Emily Thornberry

44

Clause  67,  page  82,  line  16,  leave out paragraph (a) and insert—

‘(a)	promoting collaboration and integration within the provision of services,

and’.

Liz Kendall

Emily Thornberry

19

Page  81,  line  44,  leave out Clause 67.

Liz Kendall

Emily Thornberry

20

Page  82,  line  22,  leave out Clause 68.

Liz Kendall

Emily Thornberry

21

Page  83,  line  32,  leave out Clause 69.

Liz Kendall

Emily Thornberry

22

Page  84,  line  10,  leave out Clause 70.

Public Bill Committee: 28 June 2011

118

Health and Social Care (Re-committed) Bill Continued

Liz Kendall

Emily Thornberry

23

Page  84,  line  23,  leave out Clause 71.

Liz Kendall

Emily Thornberry

24

Page  84,  line  35,  leave out Clause 72.

Liz Kendall

Emily Thornberry

25

Page  86,  line  1,  leave out Clause 73.

Liz Kendall

Emily Thornberry

26

Page  87,  line  8,  leave out Clause 74.

Liz Kendall

Emily Thornberry

27

Page  87,  line  24,  leave out Clause 75

Mr Simon Burns

159

Clause  100,  page  100,  line  41,  leave out from first ‘of’ to end of line 42 and insert

‘preventing anti-competitive behaviour in the provision of health care services for those

purposes which is against the interests of people who use such services;’.

Mr Simon Burns

160

Clause  100,  page  101,  line  19,  leave out ‘public or (as the case may be) private

ownership’ and insert ‘the public or (as the case may be) private sector’.

© Parliamentary copyright	Revised 28 June 2011