Session 2010 - 12
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Other Bills before Parliament

89

House of Commons

Tuesday 28 June 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Health and Social Care (Re-committed) Bill

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The Bill is re-committed in respect of the following Clauses and Schedules:

Clauses 1 to 6, 9 to 11, 19 to 24, 28 and 29, Schedules 1-3, Clauses 55 and 56, 58 and

59, 63 to 75, 100 and 101, 112-117, 147, Schedules 8 and 9, Clauses 149, 156, 165 and

166, 176, 178 to 180, 189 to 193, Schedule 15, Clauses 242, 265, 285 and 286, 295, 297

and 298.

Note

The amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 27 June (Standing Order

No.  83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

28 June) meet—

(a)	at 4.00 pm on Tuesday 28 June;

(b)	at 9.00 am and 1.00 pm on Thursday 30 June;

(c)	at 10.30 am and 4.00 pm on Tuesday 5 July;

(d)	at 9.00 am and 1.00 pm on Thursday 7 July;

(e)	at 10.30 am and 4.00 pm on Tuesday 12 July;

(f)	at 9.00 am and 1.00 pm on Thursday 14 July;

Public Bill Committee: 28 June 2011

90

Health and Social Care (Re-committed) Bill Continued

(2)	the Committee shall hear oral evidence in accordance with the following

Table:

      TABLE 1

	Date	Time	Witness
	Tuesday 28 June	Until no later	NHS Future Forum
		than 11.30 am
	Tuesday 28 June	Until not later	NHS Confederation; The King’s
		than 12.15 pm	Fund; The Nuffield Trust
	Tuesday 28 June	Until no later	Independent Regulator of NHS
		than 1.00 pm	Foundation Trusts (Monitor);
			Foundation Trust Network; Local
			Government Association
	Tuesday 28 June	Until no later	British Medical Association; Royal
		than 4.45 pm	College of Nursing; Royal College of
			Physicians; Academy of Medical
			Royal Colleges
	Tuesday 28 June	Until no later	Royal College of General
		than 5.15 pm	Practitioners; NHS Alliance
	Tuesday 28 June	Until no later	National Voices; Rethink; MacMillan
		than 6.15 pm	Cancer Support; Asthma UK;
			Diabetes UK; Stroke Association
	Tuesday 28 June	Until no later	Unite; Unison
		than 6.45 pm
	Tuesday 28 June	Until no later	Department of Health
		than 7.30 pm

(3)	proceedings on consideration of the Bill shall (so far as not previously

concluded) be brought to a conclusion at the times specified in the second

column of the following Table:

      TABLE 2

	Proceedings	Time for conclusion of
		proceedings
	Clauses 1 to 5; Schedule 1; Clause 6;	6.00 pm on Thursday 30 June
	Clauses 9 to 11
	Clauses 19 to 21; Schedule 2; Clauses	8.00 pm on Tuesday 5 July
	22 to 24; Clauses 28 and 29; Schedule 3
	Clause 55; Schedule 8; Clause 56;	6.00 pm on Thursday 7 July
	Clauses 58 and 59; Clause 63
	Clauses 64 to 69; Schedule 9; Clauses	8.00 pm on Thursday 12 July
	70 to 75; Clauses 100 and 101; Clauses
	112 to 117; Clause 147
	Clause 149; Clause 156; Clauses 165	7.00 pm on Thursday 14 July
	and 166; Clause 176; Clauses 178 and
	179; Schedule 15; Clause 180; Clauses
	189 to 193; Clause 242; Clause 265;
	Clauses 285 and 286; Clause 295;
	Clauses 297 and 298; new Clauses; new
	Schedules; remaining proceedings on
	the Bill

Public Bill Committee: 28 June 2011

91

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Mr Simon Burns

That, subject to the discrection of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Mr Simon Burns

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Liz Kendall

Emily Thornberry

1

Clause  1,  page  2,  line  4,  leave out from ‘(b)’ to ‘in’ in line 6 and insert ‘must

provide or secure the provision of services.’.

Mr Simon Burns

54

Page  1,  line  4,  leave out Clause 1.

Mr Simon Burns

55

Clause  5,  page  3,  leave out lines 34 to 36 and insert—

‘(b)	must exercise the functions conferred on it by this Act in relation to

commissioning consortia so as to secure that services are provided for

those purposes in accordance with this Act.’.

Public Bill Committee: 28 June 2011

92

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

56

Clause  5,  page  3,  line  37,  at end insert—

‘(5)	In this Act—

(a)	any reference to the public health functions of the Secretary of State is a

reference to the functions of the Secretary of State under sections 2A and

2B and paragraphs 7C, 8 and 12 of Schedule 1, and

(b)	any reference to the public health functions of local authorities is a

reference to the functions of local authorities under sections 2B and 111

and paragraphs 1 to 7B and 13 of Schedule 1.’.

Mr Simon Burns

57

Clause  9,  page  6,  line  3,  after ‘for’, insert ‘—

(a)

’.

Mr Simon Burns

58

Clause  9,  page  6,  line  4,  at end insert ‘, and

(b)	persons who usually reside in the consortium’s area and are not provided

with primary medical services by a member of any consortium.’.

Mr Simon Burns

59

Clause  9,  page  6,  line  10,  at end insert—

‘( )	The power conferred by subsection (1B)(b) must be exercised so as to provide

that, in relation to the provision of services or facilities for emergency care, a

commissioning consortium has responsibility for every person present in its

area.’.

Liz Kendall

Emily Thornberry

2

Page  5,  line  36,  leave out Clause 9.

Mr Simon Burns

60

Clause  19,  page  15,  line  4,  after ‘year’, insert ‘and such subsequent financial years

as the Secretary of State considers appropriate’.

Mr Simon Burns

61

Clause  19,  page  15,  line  8,  leave out from ‘mandate’ to end of line 13 and insert

‘the amounts that the Secretary of State has decided to specify in relation to the financial

year for the purposes of section 223DA(2) and (3) (limits on capital and revenue resource

use).’.

Public Bill Committee: 28 June 2011

93

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

62

Clause  19,  page  15,  leave out lines 15 to 20.

Mr Simon Burns

63

Clause  19,  page  15,  leave out lines 21 to 27 and insert—

‘( )	any proposals that the Secretary of State has as to the amounts that the

Secretary of State will specify in relation to subsequent financial years

for the purposes of section 223DA(2) and (3).’.

Mr Simon Burns

64

Clause  19,  page  15,  line  40,  at end insert—

‘( )	the Healthwatch England committee of the Care Quality Commission,

and’.

Mr Simon Burns

65

Clause  19,  page  15,  leave out lines 43 and 44.

Mr Simon Burns

66

Clause  19,  page  16,  line  1,  leave out from ‘State’ to second ‘the’ in line 2 and insert

‘varies the amount specified for the purposes of section 223DA(2) or (3),’.

Mr Simon Burns

67

Clause  19,  page  16,  line  15,  at end insert—

‘13BA

Duty to promote NHS Constitution

(1)	The Board 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

3

Clause  19,  page  16,  line  18,  at end insert—

‘13CA

Duty as to commissioning of services

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

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.’.

Public Bill Committee: 28 June 2011

94

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

68

Clause  19,  page  17,  line  4,  leave out ‘, promoting patient involvement etc.’.

Mr Simon Burns

69

Clause  19,  page  17,  leave out lines 11 to 14.

Mr Simon Burns

70

Clause  19,  page  17,  line  16,  at end insert—

‘13FA

Duty to promote involvement of each patient

(1)	The Board 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)	In this section, “health services” has the same meaning as in section 13F.

13FB	Duty as to patient choice

(1)	The Board 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 13F.’.

Mr Simon Burns

71

Clause  19,  page  17,  line  18,  leave out from ‘must’ to ‘advice’ in line 19 and insert

‘obtain’.

Mr Simon Burns

72

Clause  19,  page  17,  line  20,  leave out from ‘persons’ to end of line 21 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

73

Clause  19,  page  17,  leave out lines 40 to 44 and insert—

‘13J	Duty as to promoting integration

( )	The Board 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.

Public Bill Committee: 28 June 2011

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Health and Social Care (Re-committed) Bill Continued

( )	The Board 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.’.

Mr Simon Burns

74

Clause  19,  page  18,  line  3,  at end insert—

‘( )	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).’.

Mr Simon Burns

75

Clause  19,  page  18,  line  14,  at end insert—

‘13KA

Duty as respects variation in provision of health services

The Board must not exercise its functions for the purpose of causing a variation

in the proportion of services provided as part of the health service 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

76

Clause  19,  page  18,  line  27,  leave out ‘a significant’ and insert ‘an’.

Mr Simon Burns

77

Clause  19,  page  19,  line  15,  at end insert—

‘( )	Arrangements made under subsection (7) do not affect the liability of the Board

for the exercise of any of its functions.’.

Mr Simon Burns

78

Clause  19,  page  19,  line  32,  at end insert—

‘( )	The business plan must, in particular, explain how the Board proposes to

discharge its duties under—

(a)	sections 13D and 13L, and

(b)	sections 223D to 223DB.’.

© Parliamentary copyright	Revised 28 June 2011