Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 28 June 2011

96

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

79

Clause  19,  page  19,  leave out lines 38 to 40.

Liz Kendall

Emily Thornberry

4

Clause  19,  page  20 ,  line  39,  at end insert—

‘(1A)

The Secretary of State must publish guidance to the Board, to which the Board

must have regard, about the exercise of its powers under subsection (1).’.

Mr Simon Burns

80

Clause  19,  page  21,  line  31,  at end insert—

‘( )	Arrangements made under this section do not affect the liability of the Board for

the exercise of any of its functions.’.

Mr Simon Burns

81

Clause  19,  page  22,  line  4 ,  after ‘that’, insert ‘—

( )

’.

Mr Simon Burns

82

Clause  19,  page  22,  line  6 ,  at end insert ‘and

( )	the failure is significant.’.

Mr Simon Burns

83

Clause  19,  page  22,  line  14 ,  at end insert—

‘( )	Where the Secretary of State exercises a power under subsection (1) or (3), the

Secretary of State must publish the reasons for doing so.’.

Mr Simon Burns

84

Clause  20,  page  23,  line  14,  leave out from ‘when’ to end of line 15 and insert ‘the

Board is notified in writing by the Secretary of State that the amount is allotted to it for

that year.’.

Mr Simon Burns

85

Clause  20,  page  23,  leave out lines 21 to 26.

Mr Simon Burns

86

Clause  20,  page  23,  leave out lines 33 and 34.

Public Bill Committee: 28 June 2011

97

Health and Social Care (Re-committed) Bill Continued

Mr Simon Burns

87

Clause  20,  page  23,  leave out lines 35 to 37.

Mr Simon Burns

88

Clause  20,  page  23,  line  38,  leave out from beginning to end of line 5 on page 24.

Mr Simon Burns

89

Clause  20,  page  24,  leave out lines 6 to 15 and insert—

‘223D

Financial duties of the Board: expenditure

(1)	The Board must ensure that total health expenditure in respect of each financial

year does not exceed the aggregate of—

(a)	the amount allotted to the Board for that year under section 223B,

(b)	any sums received by the Board or commissioning consortia in that year

under any provision of this Act (other than sums received by the Board

under section 223B or by commissioning consortia under section 223H),

and

(c)	any sums received by the Board or commissioning consortia in that year

otherwise than under this Act for the purpose of enabling it or them to

defray such expenditure.

(1A)	In this section, “total health expenditure”, in relation to a financial year, means—

(a)	expenditure which is attributable to the performance by the Board of its

functions in that year, other than sums paid by it under section 223H, and

(b)	expenditure which is attributable to the performance by commissioning

consortia of their functions in that year.’.

Mr Simon Burns

90

Clause  20,  page  24,  line  17,  after ‘the Board’, insert ‘or a commissioning

consortium which is’.

Mr Simon Burns

91

Clause  20,  page  24,  line  19,  leave out ‘expenditure within subsection (1)’ and

insert ‘part of total health expenditure’.

Mr Simon Burns

92

Clause  20,  page  24,  line  21,  leave out ‘under section 223B’ and insert ‘or a

commissioning consortium under section 223B or (as the case may be) 223H’.

Mr Simon Burns

93

Clause  20,  page  24,  line  23,  leave out ‘the expenditure of the Board’ and insert

‘total health expenditure’.

Mr Simon Burns

94

Clause  20,  page  24,  line  28,  leave out from beginning to end of line 12 on page 25

Public Bill Committee: 28 June 2011

98

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).

Public Bill Committee: 28 June 2011

99

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.’.

Mr Simon Burns

98

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

© Parliamentary copyright	Revised 28 June 2011