House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 12 July 2011
46

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

Mr Simon Burns

Agreed to  171

Clause  115,  page  113,  line  5,  leave out ‘public or private ownership’ and insert ‘the

public or (as the case may be) private sector’.

Liz Kendall

Emily Thornberry

Owen Smith

Not called  48

Clause  115,  page  113,  line  6,  at end insert—

‘(7A)
A description for the purposes of subsection (6)(b) may be framed by reference

to—

(a)
the level of workforce training undertaken by the provider, and

(b)
the extent to which the provision of its service leads to consequential

costs for other providers.’.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  34

Page  112,  line  15,  leave out Clause 115.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  172

Clause  116,  page  113,  line  19,  after ‘115(1)(a)’, insert ‘, or in rules provided for in

the national tariff under section 115(3)(b),’.

Mr Simon Burns

Agreed to  173

Clause  116,  page  113,  line  24,  leave out subsections (2) to (4) and insert—

‘( )
In the case of a service specified in the national tariff under section 115(1)(a), the

national tariff must—

(a)
if the service is specified in accordance with subsection (1)(a), specify a

national price for each component of the service;

(b)
if it is specified in accordance with subsection (1)(b), specify a national

price for the bundle;

(c)
if it is specified in accordance with subsection (1)(c), specify a single

price as the national price for each service in the group.

( )
In the case of a service specified in rules provided for in the national tariff under

section 115(3)(b), the rules may—

(a)
if the service is specified in accordance with subsection (1)(a), make

provision for determining the price payable for each component of the

service;

(b)
if it is specified in accordance with subsection (1)(b), make provision for

determining the price payable for the bundle;

(c)
if it is specified in accordance with subsection (1)(c), make provision for

determining the price payable for each service in the group.’.

Public Bill Committee Proceedings: 12 July 2011
47

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

Mr Simon Burns

Agreed to  174

Clause  116,  page  113,  line  36,  after ‘115’, insert ‘or (as the case may be) in rules

provided for under subsection (3)(b) of that section’.

Mr Simon Burns

Agreed to  175

Clause  116,  page  113,  line  37,  at end insert—

‘( )
Where the commissioner of a health care service for the purposes of the NHS

agrees to pay a price for the provision of the service other than the price that is

payable by virtue of this Chapter, Monitor may direct the commissioner to take

such steps within such period as Monitor may specify to secure that the position

is, so far as practicable, restored to what it would have been if the commissioner

had agreed to pay the price payable by virtue of this Chapter.

( )
Where the commissioner of a health care service fails to comply with rules

provided for under section 115(2), (3) or (3B), Monitor may direct the

commissioner to take such steps within such period as Monitor may specify—

(a)
to secure that the failure does not continue or recur;

(b)
to secure that the position is, so far as practicable, restored to what it

would have been if the failure was not occurring or had not occurred.’.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  35

Page  113,  line  17,  leave out Clause 116.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  176

Clause  117,  page  114,  line  6,  leave out paragraph (c) and insert—

‘(c)
the prices, determined in each case by using the applicable method

specified under paragraph (b), that Monitor proposes as the national

prices of those services,’.

Mr Simon Burns

Agreed to  177

Clause  117,  page  114,  line  8,  leave out paragraph (d).

Mr Simon Burns

Agreed to  178

Clause  117,  page  114,  line  11,  leave out ‘must also specify the rules for which

Monitor proposes to provide’ and insert ‘may specify such rules as Monitor proposes to

provide for’.

Public Bill Committee Proceedings: 12 July 2011
48

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

Mr Simon Burns

Agreed to  179

Clause  117,  page  114,  line  15,  at end insert—

‘(4A)
The notice may also specify—

(a)
such variations (by reference to circumstances in which a service is

provided or other factors relevant to its provision) as Monitor proposes

to specify to the prices that it proposes as the national prices,

(b)
such rules as Monitor proposes to provide for in the national tariff for

determining the price payable for the provision for the purposes of the

NHS of health care services not specified for the purposes of subsection

(3)(a), and

(c)
such rules as Monitor proposes to provide for in the national tariff for

determining, where a health care service is specified in more than one

way for the purposes of subsection (3)(a) or in more than one way in rules

specified for the purposes of paragraph (b), which specification of the

service is to apply in any particular case or cases of any particular

description.’.

Mr Simon Burns

Agreed to  180

Clause  117,  page  114,  line  15,  at end insert—

‘(4B)
The notice may include guidance as to the application of rules specified for the

purposes of subsection (4) or (4A)(b) or (c) or the application of variations

specified for the purposes of subsection (4A)(a).’.

Mr Simon Burns

Agreed to  181

Clause  117,  page  114,  line  22,  leave out subsection (6).

Mr Simon Burns

Agreed to  182

Clause  117,  page  114,  line  35,  at end insert—

‘( )
Such variations as are specified for the purposes of subsection (4A)(a), and such

guidance on the application of those variations as is included for the purposes of

subsection (4B), are only such variations and such guidance as Monitor considers

should be so specified and included and—

(a)
as Monitor and the Board agree will be so specified and included, or

(b)
in default of agreement, as are determined by arbitration as being the

variations that will be so specified and the guidance that will be so

included.’.

Mr Simon Burns

Agreed to  183

Clause  117,  page  114,  line  36,  leave out subsection (9).

Mr Simon Burns

Agreed to  184

Clause  117,  page  114,  line  41,  leave out ‘The rules specified for the purposes of

subsection (4) are only such rules’ and insert ‘Such rules as are specified for the purposes

of subsection (4) or (4A)(c), and such guidance on those rules as is included for the

purposes of subsection (4B), are only such rules and such guidance’.

Public Bill Committee Proceedings: 12 July 2011
49

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

Mr Simon Burns

Agreed to  185

Clause  117,  page  114,  line  43,  after ‘specified’, insert ‘and included’.

Mr Simon Burns

Agreed to  186

Clause  117,  page  114,  line  44,  after ‘specified’, insert ‘and included’.

Mr Simon Burns

Agreed to  187

Clause  117,  page  114,  line  46,  after ‘specified’, insert ‘and the guidance that will

be so included’.

Mr Simon Burns

Agreed to  188

Clause  117,  page  114,  line  46,  at end insert—

‘(10A)
Such rules as are specified for the purposes of subsection (4A)(b), and such

guidance on those rules as is included for the purposes of subsection (4B), are

only such rules and such guidance as Monitor considers should be so specified

and included and—

(a)
as Monitor and the Board agree will be so specified and included, or

(b)
in default of agreement, as are determined by arbitration as being the

rules that will be so specified and the guidance that will be so included.’.

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  30

Page  113,  line  38,  leave out Clause 117.

Clause, as amended, Agreed to.

Mr Simon Burns

Agreed to  189

Clause  147,  page  135,  line  7,  at end insert—

‘“anti-competitive behaviour” has the meaning given in section [General

duties: supplementary] and references to preventing anti-competitive

behaviour are to be read in accordance with subsection (2) of that

section;’.

Mr Simon Burns

Agreed to  190

Clause  147,  page  135,  line  13,  at end insert—

‘“facilities” has the same meaning as in the National Health Service Act

2006 (see section 275 of that Act);’.

Mr Simon Burns

Agreed to  191

Clause  147,  page  135,  line  16,  leave out ‘56’ and insert ‘[General duties:

supplementary]’.

Public Bill Committee Proceedings: 12 July 2011
50

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

Liz Kendall

Emily Thornberry

Owen Smith

Not selected  36

Page  135,  line  6,  leave out Clause 147.

Clause, as amended, Agreed to.

[Adjourned until Thursday at 9.00 am



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