House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 5 July 2011
18

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

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  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

Owen Smith

Negatived on division  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

Agreed to  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

Agreed to  97

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

‘( )
the publication of the constitutions of commissioning consortia under

section 14IA.’.

Mr Simon Burns

Agreed to  98

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

Public Bill Committee Proceedings: 5 July 2011
19

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

‘Governing bodies of consortia

14JA
Governing bodies of commissioning consortia

(1)
A commissioning consortium must have a governing body.

(2)
The main function of the governing body is to ensure that the consortium has

made appropriate arrangements for ensuring that it complies with—

(a)
its obligations under section 14K, and

(b)
such generally accepted principles of good governance as are relevant to

it.

(3)
The governing body also has—

(a)
the function of determining the remuneration, fees and allowances

payable to the employees of the consortium or to other persons providing

services to it, and

(b)
such other functions connected with the exercise of its main function as

may be specified in the consortium’s constitution or by regulations.

(4)
Only the following may be members of the governing body—

(a)
a member of the consortium who is an individual;

(b)
an individual appointed by virtue of regulations under section 14JC(2);

(c)
an individual of a description specified in the constitution of the

consortium.

(5)
A commissioning consortium may pay members of the governing body such

remuneration and allowances as it considers appropriate.

(6)
Regulations may make provision requiring a commissioning consortium to obtain

the approval of its governing body before exercising any functions specified in

the regulations.

(7)
Regulations may make provision requiring governing bodies of commissioning

consortia to publish, in accordance with the regulations, prescribed information

relating to determinations made under subsection (3)(a).

(8)
The Board may publish guidance for governing bodies on the exercise of their

function under subsection (3)(a).

14JB
Audit and remuneration committees of governing bodies

(1)
The governing body of a commissioning consortium must have an audit

committee and a remuneration committee.

(2)
The audit committee has—

(a)
such functions in relation to the financial duties of the consortium as the

governing body considers appropriate for the purpose of assisting it in

discharging its function under section 14JA(2), and

(b)
such other functions connected with the governing body’s function under

section 14JA(2) as may be specified in the consortium’s constitution or

by regulations.

(3)
The remuneration committee has—

(a)
the function of making recommendations to the governing body as to the

discharge of its function under section 14JA(3)(a), and

(b)
such other functions connected with the governing body’s function under

section 14JA(2) as may be specified in the consortium’s constitution or

by regulations.

14JC
Regulations as to governing bodies of commissioning consortia

(1)
Regulations may make provision specifying the minimum number of members of

governing bodies of commissioning consortia.

Public Bill Committee Proceedings: 5 July 2011
20

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

(2)
Regulations may—

(a)
provide that the members of governing bodies must include the

accountable officer of the consortium;

(b)
provide that the members of governing bodies, or their audit or

remuneration committees, must include—

(i)
individuals who are health care professionals of a prescribed

description;

(ii)
individuals who are lay persons;

(iii)
individuals of any other description which is prescribed;

(c)
in relation to any description of individuals mentioned in regulations by

virtue of paragraph (b), specify—

(i)
the minimum number of individuals of that description who must

be appointed;

(ii)
the maximum number of such individuals who may be

appointed;

(d)
provide that the descriptions specified for the purposes of section

14JA(4)(c) may not include prescribed descriptions.

(3)
Regulations may make provision as to—

(a)
qualification and disqualification for membership of governing bodies or

their audit or remuneration committees;

(b)
how members are to be appointed;

(c)
the tenure of members (including the circumstances in which a member

ceases to hold office or may be removed or suspended from office);

(d)
eligibility for re-appointment.

(4)
Regulations may make provision for the appointment of chairs and deputy chairs

of governing bodies or their audit or remuneration committees, including

provision as to—

(a)
qualification and disqualification for appointment;

(b)
tenure of office (including the circumstances in which the chair or deputy

chair ceases to hold office or may be removed or suspended from office);

(c)
eligibility for re-appointment.

(5)
Regulations may—

(a)
make provision as to the matters which must be included in the

constitutions of commissioning consortia under paragraph 5B of

Schedule 1A;

(b)
make such other provision about the procedure of governing bodies or

their audit or remuneration committees as the Secretary of State

considers appropriate, including provision about the frequency of

meetings.

(6)
In this section—

“health care professional” means an individual who is a member of a

profession regulated by a body mentioned in section 25(3) of the National

Health Service Reform and Health Care Professions Act 2002;

“lay person” means an individual who is not—

(a)
a member of the consortium,

(b)
a health care professional, or

(c)
an individual of a prescribed description.’.

Public Bill Committee Proceedings: 5 July 2011
21

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

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  99

Schedule  2,  page  255,  line  11,  at end insert—

      ‘()
The name of the consortium must comply with such requirements as may be

prescribed.’.

Mr Simon Burns

Agreed to  100

Schedule  2,  page  255,  line  14,  leave out ‘remuneration and the other’.

Mr Simon Burns

Agreed to  101

Schedule  2,  page  255,  line  24,  leave out ‘or’ and insert—

‘( )
its governing body, or’.

Mr Simon Burns

Agreed to  102

Schedule  2,  page  255,  line  30,  at end insert—

      ‘()
The constitution must also specify the arrangements made by the

commissioning consortium for securing that there is transparency about the

decisions of the consortium and the manner in which they are made.’.

Liz Kendall

Emily Thornberry

Owen Smith

Not moved  51

Schedule  2,  page  255,  line  30,  at end insert—

‘(3)
The constitution must make provision for dealing with any other personal and

prejudicial interests of members or employees.’.

Mr Simon Burns

Agreed to  103

Schedule  2,  page  255,  line  31,  after ‘by’, insert ‘virtue of’.

Mr Simon Burns

Agreed to  104

Schedule  2,  page  255,  line  33,  at end insert—

‘Governing bodies of consortia

5A  (1)
The constitution must specify the arrangements made by the commissioning

consortium for the discharge of the functions of its governing body.

      (2)
The arrangements—

(a)
must include provision for the appointment of the audit committee and

remuneration committee of the governing body, and

(b)
may include provision for the appointment of other committees or sub-

committees of the governing body.

Public Bill Committee Proceedings: 5 July 2011
22

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

      (3)
Arrangements under sub-paragraph (2)(a) may include provision for the audit

committee to include individuals who are not members of the governing body.

      (4)
Arrangements under sub-paragraph (2)(b) may include provision for a

committee or sub-committee to include individuals who are not members of

the governing body but are—

(a)
members of the consortium, or

(b)
individuals of a description specified in the constitution.

      (5)
The consortium may pay travel or other allowances to members of any

committee or sub-committee of the governing body who are not members of

the governing body.

      (6)
The arrangements may include provision for any functions of the governing

body to be exercised on its behalf by—

(a)
any committee or sub-committee of the governing body,

(b)
a member of the governing body,

(c)
a member of the consortium who is an individual (but is not a member

of the governing body), or

(d)
an individual of a description specified in the constitution.

5B  (1)
The constitution must specify the procedure to be followed by the governing

body in making decisions.

      (2)
The constitution must, in particular, make provision for dealing with conflicts

of interests of members of the governing body.

      (3)
The constitution must also specify the arrangements made by the

commissioning consortium for securing that there is transparency about the

decisions of the governing body and the manner in which they are made.

      (4)
The provision made under sub-paragraph (3) must include provision for

meetings of governing bodies to be open to the public, except where the

consortium considers that it would not be in the public interest to permit

members of the public to attend a meeting or part of a meeting.’.

Mr Simon Burns

Agreed to  105

Schedule  2,  page  256,  line  14,  leave out ‘it may determine’ and insert ‘its

governing body determines under section 14JA(3)(a)’.

Liz Kendall

Emily Thornberry

Owen Smith

Negatived on division  52

Schedule  2,  page  256,  line  14,  after ‘determine’, insert ‘having due regard to the

NHS pay scales agreed following recommendations by the NHS Pay Review Body and

the Doctors and Dentists Pay Review Body, or any successor bodies,’.

Liz Kendall

Emily Thornberry

Owen Smith

Negatived on division  53

Schedule  2,  page  256,  line  16,  after ‘determine’, insert ‘having due regard to

agreements made by the NHS Staff Council’.

Mr Simon Burns

Agreed to  106

Schedule  2,  page  256,  leave out lines 18 to 23.

Public Bill Committee Proceedings: 5 July 2011
23

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

Mr Simon Burns

Agreed to  107

Schedule  2,  page  257,  line  20,  leave out ‘223K’ and insert ‘223JA’.

Schedule, as amended, Agreed to.

Mr Simon Burns

Agreed to  108

Clause  22,  page  30,  line  3,  at end insert—

‘14JD
Duty to promote NHS Constitution

(1)
Each commissioning consortium 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

Owen Smith

Not called  6

Clause  22,  page  30,  line  6,  at end insert—

‘14KA
Duty as to commissioning of services

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

commissioning consortium 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

Agreed to  109

Clause  22,  page  30,  line  28,  leave out ‘, promoting patient involvement etc.’.

Mr Simon Burns

Agreed to  110

Clause  22,  page  30,  leave out lines 35 to 38.

Mr Simon Burns

Agreed to  111

Clause  22,  page  30,  line  40,  at end insert—



© Parliamentary copyright	Revised 6 July 2011