House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 14 July 2011
58

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

New Clauses

Secretary of State’s duty to promote comprehensive health service

Mr Simon Burns

Added  NC1

To move the following Clause:—

‘For section 1 of the National Health Service Act 2006 (Secretary of State’s duty

to promote health service) substitute—

“1
Secretary of State’s duty to promote comprehensive health service

(1)
The Secretary of State must continue the promotion in England of a

comprehensive health service designed to secure improvement—

(a)
in the physical and mental health of the people of England, and

(b)
in the prevention, diagnosis and treatment of illness.

(2)
For that purpose, the Secretary of State must exercise the functions

conferred by this Act so as to secure that services are provided in

accordance with this Act.

(3)
The services provided as part of the health service in England must be

free of charge except in so far as the making and recovery of charges is

expressly provided for by or under any enactment, whenever passed.’.

Secretary of State’s duty to keep health service functions under review

Mr Simon Burns

Added  NC2

To move the following Clause:—

‘In Part 13 of the National Health Service Act 2006, before section 248 (and the

cross-heading preceding it) insert—

“247AB
Secretary of State’s duty to keep health service functions under

review

(1)
The Secretary of State must keep under review the effectiveness of the

exercise by the bodies mentioned in subsection (2) of functions in

relation to the health service in England.

(2)
The bodies mentioned in this subsection are—

(a)
the Board;

(b)
Monitor;

(c)
the Care Quality Commission;

(d)
the National Institute for Health and Care Excellence;

(e)
the Health and Social Care Information Centre;

(f)
Special Health Authorities.

Public Bill Committee Proceedings: 14 July 2011
59

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

(3)
The Secretary of State may include in an annual report under section

247B the Secretary of State’s views on the effectiveness of the exercise

by the bodies mentioned in subsection (2) of functions in relation to the

health service.”’.

Secretary of State’s duty as to research

Mr Simon Burns

Added  NC3

To move the following Clause:—

‘After section 1C of the National Health Service Act 2006, insert—

“1CA
Duty as to research

“In exercising functions in relation to the health service, the Secretary of

State must have regard to the need to promote—

(a)
research on matters relevant to the health service, and

(b)
the use in the health service of evidence obtained from

research.”’.

Secretary of State’s duty as respects variation in provision of health services

Mr Simon Burns

Added  NC4

To move the following Clause:—

‘After section 12D of the National Health Service Act 2006 insert—

“Miscellaneous

12E
Secretary of State’s duty as respects variation in provision of health

services

(1)
The Secretary of State must not exercise the functions mentioned in

subsection (2) 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.

(2)
The functions mentioned in this subsection are the functions of the

Secretary of State under—

(a)
sections 6E and 13A, and

Public Bill Committee Proceedings: 14 July 2011
60

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

(b)
section 67 of the Health and Social Care Act 2011 (requirements

as to procurement, patient choice and competition).”’.

General duties: supplementary

Mr Simon Burns

Added  NC5

To move the following Clause:—

‘(1)
This section applies for the purposes of this Part.

(2)
“Anti-competitive behaviour” means behaviour which would (or would be likely

to) prevent, restrict or distort competition and a reference to preventing anti-

competitive behaviour includes a reference to eliminating or reducing the effects

(or potential effects) of the behaviour.

(3)
“Health care” means all forms of health care provided for individuals, whether

relating to physical or mental health, with a reference in this Part to health care

services being read accordingly; and for the purposes of this Part it does not

matter if a health care service is also an adult social care service (as to which, see

section 57).

(4)
“The NHS” means the comprehensive health service continued under section 1(1)

of the National Health Service Act 2006, except the part of it that is provided in

pursuance of the public health functions (within the meaning of that Act) of the

Secretary of State or local authorities.

(5)
A reference to the provision of health care services for the purposes of the NHS

is a reference to their provision for those purposes in accordance with that Act.

(6)
Nothing in section 56 requires Monitor to do anything in relation to the supply to

persons who provide health care services of goods that are to be provided as part

of those services.’.

Standard condition as to transparency in setting and application of certain criteria

Mr Simon Burns

Added  NC6

To move the following Clause:—

‘(1)
The standard conditions applicable to any licence under this Chapter must include

a condition requiring the licence holder to—

(a)
set transparent eligibility and selection criteria, and

(b)
apply those criteria in a transparent way to persons who, having a choice

of persons from whom to receive health care services for the purposes of

the NHS, choose to receive them from the licence holder.

(2)
“Eligibility or selection criteria”, in relation to a licence holder, means criteria for

determining—

(a)
whether a person is eligible, or is to be selected, to receive health care

services provided by the licence holder for the purposes of the NHS, and

Public Bill Committee Proceedings: 14 July 2011
61

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

(b)
if the person is selected, the manner in which the services are provided to

the person.’.

Consultation: further provision

Mr Simon Burns

Added  NC7

To move the following Clause:—

‘(1)
For the purpose of securing that the prices payable for the provision of health care

services for the purposes of the NHS are such as to result in a fair level of pay for

providers of the services, the National Health Service Commissioning Board and

Monitor must, in exercising functions under section 117, have regard to—

(a)
differences in the costs incurred in providing health care services for the

purposes of the NHS to persons of different descriptions, and

(b)
differences between providers with respect to the range of health care

services that they provide for those purposes.

(2)
In exercising functions under section 117(5), the Board and Monitor must act

with a view to securing the standardisation throughout England of the

specification of health care services in the national tariff under section 115(1)(a).

(3)
In exercising functions under section 117(10A), Monitor and the Board must act

with a view to securing the standardisation throughout England of the

specification of health care services in rules provided for in the national tariff

under section 115(3)(b).

(4)
In carrying out the duty under subsection (2) or (3), the Board and Monitor must

have regard to whether, or to what extent, standardisation is likely to have a

significant adverse impact on the provision of health care services for the

purposes of the NHS.’.

Failure to discharge functions

Mr Simon Burns

Added  NC8

To move the following Clause:—

‘(1)
In section 82 of the Health and Social Care Act 2008 (failure by Commission to

discharge functions), in subsection (1), at the end insert “,


and that the failure is significant.”

(2)
After subsection (2) of that section insert—

“(2A)
But the Secretary of State may not give a direction under subsection (1)

in relation to the performance of functions in a particular case.”

(3)
After subsection (3) of that section insert—

“(4)
Where the Secretary of State exercises a power under subsection (1) or

(3), the Secretary of State must publish the reasons for doing so.”

Public Bill Committee Proceedings: 14 July 2011
62

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

(4)
In section 161 of that Act (orders, regulations and directions: general provisions),

in subsection (3), before “any power of the Secretary of State to give directions”

insert “(subject to section 82(2A))”.

(5)
In section 165 of that Act (directions), at the beginning of subsection (2) insert

“Subject to subsection (3),”.

(6)
After that subsection insert—

“(3)
A direction under section 82 must be given by regulations or by an

instrument in writing.”’.

Clauses of, and Schedules to, the Bill, in respect of which the Bill was re-committed, as

amended, to be reported.



© Parliamentary copyright	Revised 15 July 2011