Session 2010 - 12
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Other Bills before Parliament

139

House of Commons

Thursday 30 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 to 3, Clauses 55 and 56, 58

and 59, 63 to 75, 100 and 101, 112 to 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 Order of the

Committee [28 June].

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.

Public Bill Committee: 30 June 2011

140

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

Emily Thornberry

Liz Kendall

227

Clause  3,  page  3,  line  5,  leave out from ‘must’ to ‘reduce’.

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.’.

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.’.

Public Bill Committee: 30 June 2011

141

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

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).’.

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—

Public Bill Committee: 30 June 2011

142

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

(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.’.

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’.

Public Bill Committee: 30 June 2011

143

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

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.

( )	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

Public Bill Committee: 30 June 2011

144

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

(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.’.

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—

Public Bill Committee: 30 June 2011

145

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

‘( )	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.

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

© Parliamentary copyright	Revised 30 June 2011