The second issue is that people should be suitably qualified. The responsibility for their professional qualification and professional development should lie in the hands of Public Health England, not local authority managers, who might have no medical or professional public health training. It is an important function, so they should be senior officers. Several members of the Health Committee, including its Chair, made the important point that they should report directly to the chief executive. It has been suggested in some parts of the country that the post of director of public
7 Sep 2011 : Column 454
health could be combined with or report to other directorates in the principal local authority—for instance, the director of housing.
I wrote to the Deputy Prime Minister on the issues, and he replied:
“given the importance of these new local authority public health functions, the leadership position of the DPH in the local community and the critical health protection functions to be carried out by the DPH on behalf of the local authority, we would expect the DPH to be of chief officer status”.
I do not think that an expectation is strong enough. I have great regard for many directors of housing, but if my child had meningitis, I would not want the director of housing to be on the other end of the phone line at a critical moment.
As it is still possible for the Government to address these issues through the consultation exercise on public health that is being planned, I will not press my amendments to a vote today, but I was rather disappointed with the Minister’s response to them. Should any noble Friends be listening from the Gallery, I hope they might take up the theme of public health in another place. Public health is poorly understood and has not grabbed the headlines in the way that the 38 Degrees campaign has, but over recent years it has been quietly becoming a more and more successful, professional and increasingly medically qualified discipline in the NHS. It saves lives, and we should protect it.
Paul Burstow: We have had a full and wide-ranging debate on the many issues covered by this group of amendments. I want to try to pick up a few of the key questions that have been asked. The Bill will increase the Secretary of State’s accountability for a comprehensive health service.
Mr William Cash (Stone) (Con): Will the Minister give way?
The Bill will provide all the powers and duties necessary: the duty to keep the health service’s functions under review, a duty to report annually on the health service’s performance and a duty to consult on the board’s mandate and to lay it before Parliament and to lay regulations about how commissioners carry out their functions. All those things are new. They are more than backstops; they are guarantees of a comprehensive health service being secured and the Secretary of State maintaining his accountability to the House and Members of Parliament for that purpose.
I have already made it clear to those who are concerned about clause 4 and the possibility, which we do not accept, that it will lead to a hands-off approach that we are willing to listen to and consider the concerns that have been raised and make any necessary amendment to put it beyond doubt that the Secretary of State remains responsible and accountable for a comprehensive health service, which we all want to see.
There has been talk about a postcode lottery. Indeed, the Bill sets out, through the work of the NHS commissioning board, to ensure that the postcode lottery that we inherited from the last Government is something that we can make a thing of the past, as a consequence of the changes that the Bill will introduce.
7 Sep 2011 : Column 455
The hon. Member for Stoke-on-Trent North (Joan Walley) made some important points about environmental health officers and the contribution they make locally and nationally. Although we see the chief medical officer having a key role in providing such advice, I would be happy for us to carry on discussions about how we can further strengthen that role nationally.
As the consultations on the issues raised today by my hon. Friend the Member for Cheltenham (Martin Horwood) carry on, I am certainly happy to discuss with him how we can address those concerns. I can assure him that, because the Secretary of State will be directly involved in the appointment process for directors of public health through Public Health England’s role, they will be able to assure themselves that they are adequately qualified.
Mr Cash: Will the Minister give way?
The Bill has been changed because the Government have been listening carefully. We have acted on the NHS Future Forum’s recommendations.
Our goals are clear in this Bill: they are to place patients at its heart, ensure that the service is clinically led and ensure that it is focused on driving up quality and outcomes.
New clause 1 accordingly read a Second time, and added to the Bill .
6 pm
Proceedings interrupted (Programme Order, 6 September ).
Madam Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
‘(1) The Information Centre may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate any information—
(a) which it collects pursuant to a direction under section257 or a request under section258, and
(b) which falls within subsection (2).
(2) Information falls within this subsection if—
(a) the information is required to be published under section 262;
(b) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and the Centre, after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated;
(c) the Centre is prohibited from publishing the information only by virtue of it falling within section 262(2)(c) and the Centre considers it would be in the public interest for the information to be disseminated;
(d) the Centre is prohibited from publishing the information only by virtue of a direction given under section 262(2)(d) and that direction provides that the power in subsection (1) applies to the information.
7 Sep 2011 : Column 456
(3) A direction under section 262(2)(d) may require the Information Centre to disseminate information which the Centre is prohibited from publishing only by virtue of the direction.
(4) A direction under section 257 may require, and a request under section 258 may request, the Information Centre to exercise—
(a) the power conferred by subsection (1) in relation to information which it collects pursuant to the direction or request, or
(b) any other power it has to disseminate such information under or by virtue of any other provision of this or any other Act.
(5) A direction under section 257 may require, and a request under section 258 may request, the Information Centre not to exercise the power conferred by subsection (1) in relation to information which it collects pursuant to the direction or request.
(6) Nothing in this section prevents the Information Centre from disseminating information (otherwise than by publishing it) pursuant to the exercise of any function conferred by or under any other provision of this or any other Act.
(7) A requirement imposed on, or a request made to, the Information Centre in accordance with this section to disseminate information may include a requirement or request about the persons to whom the information is to be disseminated and the form, manner and timing of dissemination.’.—(Paul Burstow .)
Brought up, and added to the Bill.
‘(1) This section applies in relation to any property, rights or liabilities which are transferred under a property transfer scheme under section 299(2) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company.
(2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or the qualifying company to any body or other person mentioned in the second column of Schedule 23.
(3) Subsections (1) to (4) and (6) of section 300 apply in relation to a scheme under subsection (2) as they apply in relation to a property transfer scheme under section 299(2).’.—(Paul Burstow .)
Brought up, and added to the Bill.
‘(1) The Secretary of State must consult the Scottish Ministers before making an order under section 304(4) relating to—
(a) section 54 (radiation protection functions), so far as relating to the Scottish Ministers,
(b) section 56 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies,
(c) section 226(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers,
(d) section 227(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions),
(e) section 227(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to—
7 Sep 2011 : Column 457
(i) unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland,
(ii) a body that maintains a register of persons within sub-paragraph (i),
(iii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or
(iv) a body that regulates a profession within sub-paragraph (iii),
(f) section 228(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors),
(g) section 229(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament,
(h) section 230 (appointments to regulatory bodies), so far as relating to—
(i) the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or
(ii) subsection (4) of that provision,
(i) section 231 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers,
(j) section 232 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers,
(k) Part 2 or 3 of Schedule16 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 233(1) so far as relating to the Part in question, and
(l) paragraphs 1 to 4 of Schedule22 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section296 so far as relating to those paragraphs.
(a) registers of unregulated health professionals in Scotland,(b) registers of unregulated health care workers in Scotland, or(c) registers of relevant students in Scotland,
“relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming—
(d) an unregulated health professional,(e) an unregulated health care worker, or(f) a member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,
“unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 231) and “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and
“unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.’.—(Paul Burstow.)
Brought up, and added to the Bill .
7 Sep 2011 : Column 458
Amendment proposed: 1176, page 2, line 7, leave out subsection (2) and insert—
‘(2) The Secretary of State must for that purpose provide or secure the provision of services in accordance with this Act.’.—(Owen Smith.)
Question put, That the amendment be made.
The House divided:
Ayes 255, Noes 304.
[6.1 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Bayley, Hugh
Beckett, rh Margaret
Begg, Dame Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blunkett, rh Mr David
Brennan, Kevin
Brooke, Annette
Brown, rh Mr Gordon
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Farron, Tim
Field, rh Mr Frank
Flello, Robert
Flint, rh Caroline
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
George, Andrew
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hain, rh Mr Peter
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hendrick, Mark
Hepburn, Mr Stephen
Hermon, Lady
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hopkins, Kelvin
Horwood, Martin
Hunt, Tristram
Huppert, Dr Julian
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Johnson, rh Alan
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Stephen
Lloyd, Tony
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McCrea, Dr William
McDonagh, Siobhain
McDonnell, Dr Alasdair
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Sir Alan
Mearns, Ian
Michael, rh Alun
Miliband, rh David
Miliband, rh Edward
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Pugh, John
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, John
Robinson, Mr Geoffrey
Rogerson, Dan
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Sanders, Mr Adrian
Sarwar, Anas
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Simpson, David
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Ward, Mr David
Watts, Mr Dave
Whitehead, Dr Alan
Wicks, rh Malcolm
Williams, Hywel
Williamson, Chris
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wood, Mike
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Angela Smith and
Mr David Anderson
NOES
Adams, Nigel
Afriyie, Adam
Alexander, rh Danny
Amess, Mr David
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barwell, Gavin
Beith, rh Sir Alan
Bellingham, Mr Henry
Beresford, Sir Paul
Berry, Jake
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Mr Steve
Brokenshire, James
Bruce, Fiona
Bruce, rh Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crouch, Tracey
Davey, Mr Edward
Davies, Glyn
Davies, Philip
de Bois, Nick
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Field, Mr Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Howarth, Mr Gerald
Howell, John
Huhne, rh Chris
Hunt, rh Mr Jeremy
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Lefroy, Jeremy
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Mensch, Louise
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Mills, Nigel
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Opperman, Guy
Osborne, rh Mr George
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pritchard, Mark
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Hugh
Robertson, Mr Laurence
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Wallace, Mr Ben
Walter, Mr Robert
Watkinson, Angela
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mr Shailesh Vara and
Mark Hunter
Question accordingly negatived.
7 Sep 2011 : Column 459
7 Sep 2011 : Column 460
7 Sep 2011 : Column 461
7 Sep 2011 : Column 462
Other services etc. provided as part of the health service
Amendment made: 49, page 9, line 12, leave out subsection (7).—(Mr Lansley.)
Regulations as to the exercise by local authorities of certain public healthfunctions
Amendments made: 50, page 11, line 24, at end insert—
‘( ) Where regulations under subsection (1) require a local authority to exercise any of the public health functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any prescribed functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).’.
Amendment 51, page 11, line 27, at end insert—
‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a local authority of any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other person).’.—(Mr Lansley.)
Regulations relating to EU obligations
Amendments made: 52, page 12, line 6, at end insert—
‘( ) The making of regulations under subsection (1) does not prevent the Secretary of State from exercising the specified EU health function.’.
Amendment 53, page 12, line 6, at end insert—
‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by the Board or a clinical commissioning group of any of its functions under regulations under subsection (1) are enforceable by or against the Board or (as the case may be) the group (and no other person).’.—(Mr Lansley.)
Exercise of public health functions of the Secretary of State
Amendment made: 54, page 14, line 37, at end insert—
‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person).’.—(Mr Lansley.)
7 Sep 2011 : Column 463
The NHS Commissioning Board: further provision
Amendments made: 55, page 16, leave out lines 28 and 29.
Amendment 56, page 17, leave out lines 27 and 28.
Amendment 57, page 17, leave out lines 33 and 34.
Amendment 58, page 17, leave out lines 39 and 40.
Amendment 59, page 18, leave out lines 14 and 15.
Amendment 60, page 18, leave out lines 42 to 44 and insert—
“(3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in pursuance of regulations under section 75 where it considers that this would secure—
(a) that health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), or
(b) that the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).’.
Amendment 61, page 19, leave out lines 1 and 2.
Amendment 62, page 19, leave out lines 19 and 20.
Amendment 63, page 19, line 32, at end insert ‘in the exercise of its functions’.
Amendment 64, page 20, leave out lines 3 and 4.
Amendment 65, page 24, line 20, at end insert—
‘“health services” means services provided as part of the health service and, in sections 13N and 13P, also includes services that are to be provided as part of the health service’.
Amendment 66, page 24, line 20, at end insert—
‘(2) Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—
(a) section 6E(7) and (10)(b),
(z) in Schedule A1, paragraph 13.
7 Sep 2011 : Column 464
(3) Any reference (however expressed) in the following provisions of other Acts to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—
(a) sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),
(b) section 200(6) of the Health and Social Care Act 2011 (participation of the Board in work of Health and Wellbeing Boards),
(c) section 202(4) of that Act (supply of information to Health and Wellbeing Boards),
(d) section 289(1) and (2) of that Act (duties to co-operate),
(e) section 290(2)(d) of that Act (breaches of duties to co-operate).
(4) The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).”’.—(Mr Lansley.)
Amendments made: 67, page 24, line 38, after ‘change,’, insert—
‘() a parliamentary general election takes place,’.
Amendment 68, page 26, line 13, after ‘change,’, insert—
‘() a parliamentary general election takes place,’.—(Mr Lansley.)
Commissioning consortia: establishment etc.
Amendments made: 69, page 27, line 31, leave out ‘of services’.
Amendment 70, page 32, line 3, leave out ‘and’ and insert—
‘() the function of determining the allowances payable under a pension scheme established under paragraph 10(4) of Schedule 1A, and’.
Amendment 71, page 32, leave out lines 13 and 14.—(Mr Lansley.)
Commissioning consortia: general duties etc.
Amendments made: 72, page 34, leave out lines 14 and 15.
Amendment 73, page 35, leave out lines 8 and 9.
Amendment 74, page 35, leave out line 19.
Amendment 75, page 35, leave out line 24.
Amendment 76, page 35, leave out lines 39 and 40.
Amendment 77, page 36, leave out lines 28 and 29.
Amendment 78, page 36, line 41, after ‘consortium’, insert
‘in the exercise of its functions’.
Amendment 79, page 37, leave out lines 21 and 22.
Amendment 80, page 47, line 14, at end insert—
‘“health services” means services provided as part of the health service and, in section 14Z, also includes services that are to be provided as part of the health service.’.
Amendment 81, page 47, line 14, at end insert—
‘(2) Any reference (however expressed) in the following provisions of this Act to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—
(a) section 6E(7) and (10)(b),
7 Sep 2011 : Column 465
(t) sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),
() in Schedule 1A, paragraphs 3(1) and (3), 5, 11(6)(b) and 13(3).
(3) Any reference (however expressed) in the following provisions of other Acts to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A—
(a) sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),
(b) section 202(4) of the Health and Social Care Act 2011 (supply of information to Health and Wellbeing Boards),
(c) section 290(2)(d) of that Act (breaches of duties to co-operate).
(d) in Schedule 6 to that Act, paragraph 5(4).
(4) The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).”’.—(Mr Lansley.)
Financial arrangements for consortia
Amendment made: 82, page 50, line 32, leave out ‘or 12’.—(Mr Lansley.)
Amendment proposed: 7, page 54, line 30, at end insert—
‘(3) This section comes into force on a date to be specified by order by the Secretary of State.
(4) The time specified in subsection (3) must be after such time as the Secretary of State is satisfied that the workforce education and training functions of strategic health authorities are being fulfilled by another body.’.—(Owen Smith.)
Question put, That the amendment be made.
7 Sep 2011 : Column 466
The House divided:
Ayes 240, Noes 318.
[6.17 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Austin, Ian
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Mr Kevin
Bayley, Hugh
Beckett, rh Margaret
Begg, Dame Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr Joe
Berger, Luciana
Betts, Mr Clive
Blackman-Woods, Roberta
Blears, rh Hazel
Blenkinsop, Tom
Blunkett, rh Mr David
Brennan, Kevin
Brown, rh Mr Gordon
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Burden, Richard
Burnham, rh Andy
Byrne, rh Mr Liam
Campbell, Mr Alan
Campbell, Mr Ronnie
Caton, Martin
Chapman, Mrs Jenny
Clark, Katy
Clwyd, rh Ann
Coaker, Vernon
Coffey, Ann
Connarty, Michael
Cooper, Rosie
Cooper, rh Yvette
Corbyn, Jeremy
Crausby, Mr David
Creagh, Mary
Creasy, Stella
Cruddas, Jon
Cryer, John
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Tony
Curran, Margaret
Dakin, Nic
Danczuk, Simon
Darling, rh Mr Alistair
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Dodds, rh Mr Nigel
Donaldson, rh Mr Jeffrey M.
Donohoe, Mr Brian H.
Doran, Mr Frank
Dowd, Jim
Doyle, Gemma
Dromey, Jack
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Esterson, Bill
Evans, Chris
Field, rh Mr Frank
Flello, Robert
Flint, rh Caroline
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Gilmore, Sheila
Glass, Pat
Glindon, Mrs Mary
Goggins, rh Paul
Goodman, Helen
Greatrex, Tom
Green, Kate
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harman, rh Ms Harriet
Harris, Mr Tom
Havard, Mr Dai
Healey, rh John
Hendrick, Mark
Hepburn, Mr Stephen
Hermon, Lady
Heyes, David
Hillier, Meg
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hopkins, Kelvin
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Johnson, Diana
Jones, Graham
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Joyce, Eric
Kaufman, rh Sir Gerald
Keeley, Barbara
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leslie, Chris
Lewis, Mr Ivan
Lloyd, Tony
Llwyd, rh Mr Elfyn
Long, Naomi
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
Mactaggart, Fiona
Mahmood, Shabana
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McClymont, Gregg
McDonagh, Siobhain
McDonnell, Dr Alasdair
McDonnell, John
McFadden, rh Mr Pat
McGovern, Alison
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Meale, Sir Alan
Mearns, Ian
Michael, rh Alun
Miliband, rh David
Miller, Andrew
Mitchell, Austin
Moon, Mrs Madeleine
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
Nandy, Lisa
Nash, Pamela
O'Donnell, Fiona
Onwurah, Chi
Osborne, Sandra
Owen, Albert
Pearce, Teresa
Perkins, Toby
Phillipson, Bridget
Pound, Stephen
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Joan
Sarwar, Anas
Seabeck, Alison
Shannon, Jim
Sharma, Mr Virendra
Sheerman, Mr Barry
Sheridan, Jim
Shuker, Gavin
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Nick
Smith, Owen
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Thomas, Mr Gareth
Thornberry, Emily
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Watson, Mr Tom
Watts, Mr Dave
Whitehead, Dr Alan
Wicks, rh Malcolm
Williams, Hywel
Williamson, Chris
Wilson, Phil
Wilson, Sammy
Winnick, Mr David
Winterton, rh Ms Rosie
Wood, Mike
Woodcock, John
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Mr David Anderson and
Angela Smith
NOES
Adams, Nigel
Afriyie, Adam
Alexander, rh Danny
Amess, Mr David
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, Tony
Baldwin, Harriett
Barclay, Stephen
Barwell, Gavin
Beith, rh Sir Alan
Bellingham, Mr Henry
Beresford, Sir Paul
Berry, Jake
Binley, Mr Brian
Birtwistle, Gordon
Blackman, Bob
Blackwood, Nicola
Blunt, Mr Crispin
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Mr Steve
Brokenshire, James
Brooke, Annette
Bruce, Fiona
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, Paul
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Campbell, rh Sir Menzies
Carmichael, rh Mr Alistair
Carmichael, Neil
Carswell, Mr Douglas
Cash, Mr William
Chishti, Rehman
Chope, Mr Christopher
Clappison, Mr James
Clark, rh Greg
Clarke, rh Mr Kenneth
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, Mr Edward
Davies, Glyn
Davies, Philip
de Bois, Nick
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, Michael
Farron, Tim
Field, Mr Mark
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mr Edward
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, Damian
Greening, Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gummer, Ben
Gyimah, Mr Sam
Hague, rh Mr William
Halfon, Robert
Hames, Duncan
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Hart, Simon
Harvey, Nick
Haselhurst, rh Sir Alan
Hayes, Mr John
Heald, Oliver
Heath, Mr David
Heaton-Harris, Chris
Hemming, John
Henderson, Gordon
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Mr Gerald
Howell, John
Hughes, rh Simon
Huhne, rh Chris
Hunt, rh Mr Jeremy
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, Mr David
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Mr Greg
Kwarteng, Kwasi
Laing, Mrs Eleanor
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leech, Mr John
Lefroy, Jeremy
Leigh, Mr Edward
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Liddell-Grainger, Mr Ian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lopresti, Jack
Lord, Jonathan
Loughton, Tim
Luff, Peter
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McCartney, Karl
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
McVey, Esther
Mensch, Louise
Menzies, Mark
Mercer, Patrick
Metcalfe, Stephen
Mills, Nigel
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Neill, Robert
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, Mr Stephen
Offord, Mr Matthew
Ollerenshaw, Eric
Opperman, Guy
Ottaway, Richard
Paice, rh Mr James
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Mr John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Rifkind, rh Sir Malcolm
Robathan, rh Mr Andrew
Robertson, Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Mr Richard
Simmonds, Mark
Simpson, Mr Keith
Skidmore, Chris
Smith, Miss Chloe
Smith, Henry
Smith, Julian
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stevenson, John
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Stunell, Andrew
Sturdy, Julian
Swales, Ian
Swayne, rh Mr Desmond
Swinson, Jo
Swire, rh Mr Hugo
Syms, Mr Robert
Tapsell, rh Sir Peter
Teather, Sarah
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Charles
Wallace, Mr Ben
Walter, Mr Robert
Ward, Mr David
Watkinson, Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Williams, Roger
Williams, Stephen
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wollaston, Dr Sarah
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mark Hunter and
Jeremy Wright
Question accordingly negatived.
7 Sep 2011 : Column 467
7 Sep 2011 : Column 468
7 Sep 2011 : Column 469
7 Sep 2011 : Column 470
Amendments made: 83, page 73, line 31, at end insert—
‘(7A) Where the Board makes arrangements with another body or person under subsection (7) it may also arrange for that other body or person to exercise any functions that the Board has, by virtue of being a Category 1 responder, under Part 1 of the Civil Contingencies Act 2004.’.
Amendment 84, page 74, line 8, leave out from ‘made’ to end of line 9 and insert
‘by the Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1.’—(Mr Lansley.)
Amendments made: 85, page 74, line 20, after ‘person’, insert ‘, other than an NHS body,’.
Amendment 86, page 74, line 21, leave out from ‘made’ to end of line 23 and insert ‘—
(i) by the Secretary of State under section 12,
(ii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
(iii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
(iv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A.’.—(Mr Lansley.)
Amendments made: 221, page 169, line 28, leave out ‘or assistance’ and insert ‘, information or other assistance’.
Amendment 222, page 171, line 12, after ‘(1)(b)’ insert ‘or (3)’.—(Mr Lansley.)
Amendments made: 223, page 172, line 30, at end insert—
‘( ) In section 229 (sections 221 to 228: interpretation and supplementary)—
(a) in the title and in subsection (1), for “221” substitute “220A”, and
(b) in subsection (2), after “228” insert “or Schedule 16A”.’.
Amendment 224, page 172, line 40, at end insert—
‘( ) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35C insert—
“35D A Local Healthwatch organisation.”’.—
(Mr Lansley.)
7 Sep 2011 : Column 471
Amendments made: 225, page 175, line 4, at end insert ‘in relation to its area’.
Amendment 226, page 175, line 22, after ‘services’ insert ‘in relation to its area’.
Amendment 227, page 176, line 4, at end insert—
‘(9A) The Secretary of State may give directions to a local authority about the exercise of its functions under this section.
(9B) A direction under subsection (9A) may be varied or revoked.’.—(Mr Lansley.)
Amendments made: 228, page 176, line 42, after second ‘organisation’ insert ‘—
Amendment 229, page 176, line 44, after ‘221(2)’ insert ‘, or
(b) for the purposes of subsection (1)(a) only, in the discharge of its duty under paragraph 6(5) of Schedule 16A.’.
Amendment 230, page 176, line 45, leave out subsection (4) and insert—
‘(4) In the title to that section, for “local involvement networks” substitute “Local Healthwatch organisations”.’.—(Mr Lansley.)
Amendments made: 231, page 180, line 16, leave out ‘NHS providers’ and insert ‘health service providers’.
Amendment 232, page 180, line 18, leave out ‘NHS provider’ and insert ‘health service provider’.
Amendment 233, page 180, line 21, leave out ‘NHS provider’ and insert ‘health service provider’.
Amendment 234, page 180, line 22, leave out ‘NHS provider’ and insert ‘health service provider’.
Amendment 235, page 180, line 25, leave out ‘NHS providers’ and insert ‘health service providers’.
Amendment 236, page 181, line 12, at end insert—
‘( ) Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000).’.
Amendment 237, page 181, line 18, after ‘body”’, insert
‘, in relation to an authority to which this section applies,’.
Amendment 238, page 181, line 21, leave out ‘NHS provider”’ and insert
‘health service provider”, in relation to an authority to which this section applies,’.
Amendment 239, page 181, line 21, leave out from ‘which’ to ‘is’ in line 23 and insert ‘—
(a) provides services in pursuance of arrangements made—
(i) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,
(ii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or
(iii) by the Board, a clinical commissioning group or a local authority by virtue of section 7A, and
7 Sep 2011 : Column 472
Amendment 240, page 181, leave out lines 27 to 31 and insert—
‘(3A) In subsection (2)(f) “member”—
(a) in relation to a clinical commissioning group, includes a person who is not a member of the group but is a member of a committee or sub-committee of it;
(b) in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it;
(c) in relation to an NHS trust, means a director of the trust;
(d) in relation to an NHS foundation trust, means a director or governor of the trust.
(3B) For the purposes of subsection (2)(f)—
(a) a member of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as a member of the group or (as the case may be) relevant health service provider, and
(b) an employee of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as an employee of the group or (as the case may be) relevant health service provider.”’.—(Mr Lansley.)
Amendments made: 241, page 212, line 21, at end insert—
‘( ) In subsection (3) of that section, after “this section” insert “—
“health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and”.’.
Amendment 242, page 212, line 24, at end insert—
‘( ) In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for “Secretary of State” substitute “Privy Council”.
( ) In subsection (7) of that section—
(a) for “Secretary of State” substitute “Privy Council”, and
(b) in paragraph (a), omit “he or”.’.
Amendment 243, page 212, line 30, at end insert—
‘(7A) In section 38 of that Act (regulations and orders), in subsection (2), omit “27”.
(7B) In subsection (3) of that section, for “the Secretary of State” substitute “the Privy Council”.
(7C) After subsection (3D) of that section (inserted by section 227(3)) insert—
“(3E) A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament.”.’.—(Mr Lansley.)
Amendment made: 244, page 214, line 12, leave out from ‘Parliament’ to end of line 17 and insert—
“(3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)).
7 Sep 2011 : Column 473
(3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
(3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.”’.—(Mr Lansley.)
Amendment made: 245, page 215, line 43, leave out ‘(3A) (inserted by section227(3))’ and insert ‘(3E) (inserted by section226(7C))’.—(Mr Lansley.)
Amendments made: 246, page 216, line 11, leave out ‘its appointment power’ and insert
‘any of its appointment functions’.
Amendment 247, page 216, line 15, leave out ‘its appointment power’ and insert
‘any of its appointment functions’.
Amendment 248, page 216, line 17, leave out ‘power’ and insert ‘function’.
Amendment 249, page 216, line 20, leave out ‘its appointment power’ and insert
‘any of its appointment functions’.
Amendment 250, page 216, line 22, leave out ‘power’ and insert ‘function’.
Amendment 251, page 216, line 25, leave out ‘power’ and insert ‘function’.
Amendment 252, page 216, line 27, leave out ‘power’ and insert ‘function’.
Amendment 253, page 216, line 31, leave out ‘power’ and insert ‘function’.
Amendment 254, page 216, line 35, leave out subsection (8) and insert—
‘(8) In this section, “appointment functions” means—
(a) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office),
(b) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
(c) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
(d) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the
7 Sep 2011 : Column 474
Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
(e) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
(f) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council),
(g) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and
(h) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council).’.
Amendment 255, page 217, line 13, leave out ‘power’ and insert ‘function’.
Amendment 256, page 217, line 14, leave out ‘power’ and insert ‘function’.—(Mr Lansley.)
Amendment made: 257, page 223, line 25, after ‘25A’ insert ‘, 27’.—(Mr Lansley.)
Amendments made: 258, page 225, line 2, leave out ‘must be’ and insert
‘has no effect unless it is’.
Amendment 259, page 225, line 6, leave out ‘generally or’ and insert ‘or to disseminate it’.
Amendment 260, page 225, line 33, leave out ‘or 12’.—(Mr Lansley.)
Amendment made: 261, page 229, line 18, after ‘guidance’, insert ‘to such persons and’.—(Mr Lansley.)
Amendments made: 262, page 232, line 38, leave out
‘to which the information standard relates’.
Amendment 263, page 232, line 42, leave out
‘, to which the information standard relates’.
Amendment 264, page 233, line 21, leave out ‘or 12’.—(Mr Lansley.)
7 Sep 2011 : Column 475
Amendments made: 265, page 234, line 30, leave out
‘, analysis and publication or other dissemination’
Amendment 266, page 235, line 4, leave out ‘or 12’.
Amendment 267, page 235, line 11, leave out subsection (7).—(Mr Lansley.)
Amendments made: 268, page 235, line 17, leave out
‘, analysis and publication or other dissemination’
Amendment 269, page 235, line 24, leave out subsection (3).
Amendment 270, page 235, line 43, leave out ‘the United Kingdom’ and insert ‘England’.—(Mr Lansley.)
Amendments made: 271, page 238, line 19, at end insert
‘which is collected pursuant to the direction’.
Amendment 272, page 238, line 20, leave out subsections (4) to (7).
Amendment 273, page 238, line 42, leave out from ‘258’ to end of line 44 and insert
‘, the Centre—
(a) must comply with the requirements (if any) specified in the direction or mandatory request as to the form, manner and timing of publication of the information, and
(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.’.
Amendment 274, page 238, line 47, leave out from ‘Centre’ to end of line 48 and insert ‘—
(a) may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and
(b) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate.’.
Amendment 275, page 239, line 1, leave out ‘intervals for’ and insert ‘timings of’.
Amendment 276, page 239, line 7, leave out ‘section’ and insert ‘Chapter’.—(Mr Lansley.)
Amendments made: 277, page 243, line 28, leave out paragraph (c) and insert—
‘(c) a Northern Ireland Minister;’.
Amendment 278, page 243, line 35, at end insert—
‘“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;’.
Amendment 279, page 243, line 40, at end insert—
‘“relevant person” has the meaning given by section 262.’.—(Mr Lansley.)
7 Sep 2011 : Column 476
Amendments made: 280, page 257, line 14, leave out ‘section 300’ and insert ‘sections300 and [Subsequent property transfer schemes]’.
Amendment 281, page 257, line 18, at end insert ‘or the Board’.—(Mr Lansley.)
Amendments made: 282, page 259, line 39, leave out from ‘section’ to end of line 40 and insert
‘[Duration of transitional period] (extension of transitional period during which licence conditions may be imposed on NHS foundation trusts)’.
Amendment 283, page 260, line 11, leave out subsection (6) and insert—
‘(6) An order by the Privy Council under this Act that includes provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament is subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the order being subject to annulment under subsection (3)).
(6A) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) apply in relation to an order of the description given in subsection (6) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument.
(6B) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing an order of the description given in subsection (6) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament.’.
Amendment 284, page 260, line 37, leave out ‘or transitional’ and insert ‘, transitional or transitory’.
Amendment 285, page 260, line 42, at end insert—
‘(8A) If a draft of a statutory instrument containing an order under section [Duration of transitional period] would, but for this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.’.
Amendment 286, page 260, line 45, leave out ‘must be given by regulations or’ and insert
‘—
(a) must, in the case of a direction under any of the following provisions, be given by regulations or an instrument in writing—
(i) section 66(2) (direction to Monitor to perform functions);
(ii) section 237(1) (direction to NICE to prepare quality standards);
(iii) section 248(1) (direction to NICE to perform functions);
(iv) section 252(8) (direction to Board to be transitional commissioner in relation to pre-commencement statements of quality standards);
(v) section 257(1) (direction to Information Centre to establish information systems);
(vi) section 258(6) or (7) (direction to Information Centre to comply, or not to comply, with request to establish information systems);
(vii) section 262(2)(d) (direction to Information Centre that information of specified description is not subject to duty to publish);
7 Sep 2011 : Column 477
(viii) section 271(1) (direction to Information Centre to perform functions);
(ix) paragraph 4 of Schedule6 (direction to Board to exercise functions of Secretary of State relating to Primary Care Trusts), and
(b) must, in the case of any other direction, be given by’.—(Mr Lansley.)
Amendment made: 287, page 261, line 29, leave out from beginning to ‘may’ in line 30 and insert
‘Transitory provision in an order under subsection (2) or (4)’.—(Mr Lansley.)
Amendments made: 288, page 261, line 43, at end insert—
‘() section42 insofar as it inserts section 252A(7A) of the National Health Service Act 2006;’.
Amendment 289, page 262, line 16, leave out subsection (4).
Amendment 290, page 262, line 18, leave out ‘The following provisions’ and insert
‘Sections 131 to 136 (health special administration)’.
Amendment 291, page 262, line 19, leave out paragraphs (a) and (b).—(Mr Lansley.)
Amendments made: 292, page 270, leave out lines 21 to 23.
Amendment 293, page 270, line 30, at end insert—
‘( ) In this paragraph, references to the functions of the governing body of a clinical commissioning group include references to the functions of the clinical commissioning group which are exercisable by the governing body under arrangements specified in the constitution by virtue of paragraph 3(3).’.
Amendment 294, page 271, line 18, leave out from ‘employees’ to ‘under’ in line 19 and insert
‘remuneration and travelling or other allowances in accordance with determinations made by its governing body’.
Amendment 295, page 272, line 13, leave out from ‘pay’ to end of line 14 and insert
‘remuneration and travelling or other allowances to the accountable officer in accordance with determinations made by its governing body under section 14L(3)(a)’.
Amendment 296, page 272, line 14, at end insert—
‘(5A) A clinical commissioning group may, for or in respect of its accountable officer, make arrangements for providing pensions, allowances or gratuities.
(5B) The arrangements that may be made under sub-paragraph (5A) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of the accountable officer where the officer suffers loss of office or loss or diminution of emoluments.
(5C) Where a clinical commissioning group has, by virtue of paragraph 10(4), established a pension scheme, the arrangements that may be made under sub-paragraph (5A) include arrangements for the accountable officer to be a member of the scheme.’.
Amendment 297, page 272, line 26, at end insert—
‘Remuneration etc for members of governing bodies
(1) A clinical commissioning group may pay members of its governing body such remuneration and travelling or other allowances as it considers appropriate.
7 Sep 2011 : Column 478
(2) A clinical commissioning group may, for or in respect of such members of its governing body as it may determine, make arrangements for providing pensions, allowances or gratuities.
(3) Such arrangements may include the establishment and administration, by the clinical commissioning group or otherwise, of one or more pension schemes.
(4) The arrangements that may be made under sub-paragraph (2) include arrangements for the provision of pensions, allowances or gratuities by way of compensation to or in respect of any members of the governing body who suffer loss or diminution of emoluments.
(5) Where a clinical commissioning group has, by virtue of paragraph 10(4), established a pension scheme, the arrangements that may be made under sub-paragraph (2) include arrangements for members of the governing body to be members of the scheme.
(6) Sub-paragraph (2) does not apply to members of the governing body who are—
(a) members or employees of the clinical commissioning group, or
(b) members or employees of a body that is a member of the clinical commissioning group.’.
Amendment 298, page 272, line 26, at end insert—
‘Additional powers in respect of payment of allowances
A clinical commissioning group may pay such travel or other allowances as it considers appropriate to any of the following—
(a) members of the clinical commissioning group who are individuals;
(b) individuals authorised to act on behalf of a member of the clinical commissioning group in dealings between the member and the group;
(c) members of any committee or sub-committee of the clinical commissioning group or its governing body.’.
Amendment 299, page 274, leave out lines 14 to 16.—(Mr Lansley.)
Amendments made: 300, page 279, line 33, after ‘(4)’ insert ‘—
( ) after paragraph (a) insert—
(ab) a clinical commissioning group,
Amendment 301, page 279, line 35, at end insert—
‘( ) After subsection (4) insert—
(4A) In subsection (4), “local authority” has the same meaning as in section 2B.”’.
Amendment 302, page 280, line 37, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
Amendment 303, page 280, line 41, after ‘State’, insert ‘or a local authority’.
Amendment 304, page 281, line 7, at end insert—
‘( ) After subsection (6) insert—
(7) In this section and sections 12B to 12D, “local authority” has the same meaning as in section 2B.”’.
Amendment 305, page 281, line 10, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
Amendment 306, page 281, line 13, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
7 Sep 2011 : Column 479
Amendment 307, page 281, line 15, leave out ‘or the commissioning consortium’ and insert
‘, clinical commissioning group or local authority’.
Amendment 308, page 281, line 18, leave out ‘or’ and insert
‘or a local authority or as’.
Amendment 309, page 281, line 22, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
Amendment 310, page 281, line 29, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
Amendment 311, page 281, line 31, leave out ‘or a commissioning consortium’ and insert
‘, a clinical commissioning group or a local authority’.
Amendment 312, page 281, line 35, at end insert—
In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)—
Amendment 313, page 282, line 14, at end insert —
( ) after paragraph (h) (and before the “and” immediately following it) insert—
“(ha) a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board,”, and’.
Amendment 314, page 282, line 15, leave out from ‘(i)’ to end of line 16 and insert ‘—
(i) for “paragraphs (a) to (h)”, in the first place where it occurs, substitute “paragraphs (za) to (ha)”, and
(ii) for “paragraphs (a) to (h)”, in the second place where it occurs, substitute “paragraphs (za) to (h)”.’.
Amendment 315, page 282, line 17, after ‘(2A)’, insert ‘—
( ) after paragraph (a) insert—
“(ab) in relation to a company within paragraph (ha) of subsection (2), means the company’s activities in providing facilities or services to any person or body;”, and’.
Amendment 316, page 282, line 32, leave out ‘In Schedule 4,’ and insert—
‘(1) Schedule 4 (NHS trusts) is amended as follows.
(2) In paragraph (5)(1)(f), omit “Primary Care Trusts,”.
(i) omit “Strategic Health Authority,” and
(ii) omit “, Primary Care Trust”, and
(i) omit “Strategic Health Authority,” and
(ii) omit “, Primary Care Trust”.
(4) In paragraph 7(3), omit “Strategic Health Authority,”.
(a) in sub-paragraph (1), omit “, Primary Care Trust” (in each place where it occurs), and
(b) in sub-paragraph (4), omit “, Primary Care Trust”,
(c) in sub-paragraph (5), omit “, Primary Care Trust” (in each place where it occurs),
(d) in sub-paragraph (6)(b), omit “, Primary Care Trust”, and
(e) in sub-paragraph (9)(b), omit “, Primary Care Trust”.
(i) omit “a Strategic Health Authority,”, and
(ii) omit “a Primary Care Trust,”,
7 Sep 2011 : Column 480
(i) omit “Strategic Health Authority,”, and
(ii) omit “Primary Care Trust,”,
(i) omit “a Strategic Health Authority,”, and
(ii) omit “, a Primary Care Trust,”,
(i) in paragraph (a), omit “Strategic Health Authority,”,
(ii) in that paragraph omit “or belong to a Primary Care Trust”, and
(iii) in the words following paragraph (b)—omit “Strategic Health Authority,”, and omit “Primary Care Trust,”.’.
Amendment 317, page 282, line 32, at end insert—
(a) omit “Strategic Health Authority,” and
(b) omit “Primary Care Trust,”.
( ) In paragraph 29, in sub-paragraph (3) omit “Strategic Health Authority,”.
( ) In paragraph 30, in sub-paragraph (1)—
(a) omit “Strategic Health Authority,” and
(b) omit “Primary Care Trust,”.’.
Amendment 318, page 283, line 34, at end insert
‘(including by virtue of section 7A)’.
Amendment 319, page 284, line 37, at end insert—
‘( ) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical commissioning group include references to arrangements so made by virtue of section 7A.”’.
Amendment 320, page 296, line 16, after ‘(4A)(a)’ insert ‘—
Amendment 321, page 296, line 16, after ‘Board”’ insert ‘, and
(b) for “to persons who provide” substitute “for providing”.’.
Amendment 322, page 302, line 21, leave out paragraph (c) and insert—
‘(c) for paragraph (d) substitute —
(i) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State,
(ii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions.”’.
Amendment 323, page 303, line 42, at end insert
‘or pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority.”’.
Amendment 324, page 305, line 32, at end insert—
In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after “directions to” insert “certain”.’.
Amendment 325, page 305, line 32, at end insert—
After section 271 insert—
“271A Services to be treated as services of the Crown for certain purposes
(1) Services to which this section applies are to be treated as services of the Crown for the purposes of—
(a) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.), and
(b) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown).
7 Sep 2011 : Column 481
(2) This section applies to services provided in pursuance of—
(a) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or
(b) the public health functions of a local authority.”’.
Amendment 326, page 305, line 34, after ‘(3)’, insert ‘—
Amendment 327, page 305, line 40, after ‘(4)(c)(ii)’, insert ‘—
(a) after “8,” insert “13Z1,”, and’.
Amendment 328, page 306, line 21, at end insert—
‘( ) Until the commencement of section 29, the definition of “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority.’.—(Mr Lansley.)
Amendments made: 329, page 310, line 5, at end insert ‘the Secretary of State,’.
Amendment 330, page 310, line 15, after ‘(2)’, insert
‘(as substituted by the National Health Service Reorganisation Act 1973)’.
Amendment 331, page 310, line 45, at end insert—
‘Local Government Act 1974 (c. 7)
In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert—
“(d) an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006;
(e) an alleged or apparent failure to provide a service in pursuance of such arrangements.”’.
Amendment 332, page 312, line 37, at end insert—after “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert
“the Secretary of State where the Secretary is responsible for the administration of the hospital or”,’.
Amendment 333, page 313, line 11, leave out from ‘(2)(aa)’ to end of line 13 and insert ‘—
(a) omit “under section 92 of the National Health Service Act 2006 or”,
(b) after “section 100” insert “of the National Health Service Act 2006 or an agreement under section 107”,
(c) omit “under section 50 of the National Health Service (Wales) Act 2006 or”, and
(d) after “section 57” insert “of the National Health Service (Wales) Act 2006 or an agreement under section 64”.’.
Amendment 334, page 315, line 3, after ‘insert “’, insert ‘the Secretary of State,’.
Amendment 335, page 315, line 11, after ‘by’, insert ‘the Secretary of State,’.
Amendment 336, page 315, line 18, after ‘by’, insert ‘the Secretary of State,’.
Amendment 337, page 315, line 32, after ‘insert “’, insert ‘the Secretary of State,’.
Amendment 338, page 315, line 47, after ‘by’, insert ‘the Secretary of State,’.
Amendment 339, page 316, line 6, after ‘by’, insert ‘the Secretary of State,’.
Amendment 340, page 316, line 16, after ‘by’, insert ‘the Secretary of State,’.
Amendment 341, page 316, line 20, after ‘to’, insert ‘the Secretary of State,’.
7 Sep 2011 : Column 482
Amendment 342, page 316, line 29, at end insert—
‘( ) After subsection (7) insert—
(7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
(7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act.”’.
Amendment 343, page 316, line 40, after ‘services’, insert
‘(including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act)’.
Amendment 344, page 317, line 31, leave out from ‘substitute’ to end of line 33 and insert
‘“by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”.’.
Amendment 345, page 318, line 22, at end insert—
The Health Service Commissioners Act 1993 is amended as follows.In section 2 (health service bodies subject to investigation), in subsection (1)—
(c) after paragraph (db) insert—
“(dc) the National Health Service Commissioning Board,
(dd) clinical commissioning groups.”’.
In section 2A (health service providers subject to investigation), in subsection (1)(a) for “a Primary Care Trust” substitute “the National Health Service Commissioning Board”.
(1) Section 14 (reports etc. by the Commissioner) is amended as follows.
(a) at the end of paragraph (c) insert “and”, and
(b) omit paragraph (e) and the preceding “and”.
(a) at the end of paragraph (d) insert “and”, and
(b) omit paragraph (f) and the preceding “and”.
(a) at the end of paragraph (d) insert “and”, and
(b) omit paragraph (f) and the preceding “and”.
(a) at the end of paragraph (c) insert “and”, and
(b) omit paragraph (e) and the preceding “and”.’.
Amendment 346, page 318, line 23, leave out
‘of the Health Service Commissioners Act 1993’.
Amendment 347, page 322, line 36, at end insert—
‘Regulation of Investigatory Powers Act 2000 (c. 23)
In section 4 of the Regulation of Investigatory Powers Act 2000 (power to provide for lawful interception) in subsection (5) for “section 8 of the National Health Service Act 2006” substitute “section 4(3A)(a) of the National Health Service Act 2006”.’.
Amendment 348, page 323, line 29, after ‘2006’, insert
‘(including by virtue of section 7A of that Act)’.
7 Sep 2011 : Column 483
Amendment 349, page 325, line 16, at end insert—
In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert—
“(d) anything done by the National Health Service Commissioning Board or a clinical commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act 2006.”’.
Amendment 350, page 326, line 17, at end insert—
‘“() the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,’.
Amendment 351, page 327, line 18, at end insert—
‘Civil Contingencies Act 2004 (c. 36)
(1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows.
(2) In Part 1 (which contains the general list of Category 1 responders)—
(a) after the cross-heading “Health” insert—
4A The National Health Service Commissioning Board.”, and
(3) In Part 3 (which contains the general list of Category 2 responders)—
(a) after the cross-heading “Health” insert—
29ZA A clinical commissioning group established under section 14D of the National Health Service Act 2006.”, and
Amendment 352, page 327, line 45, leave out ‘and’ and insert—
( ) after that paragraph insert—
(aa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State;”,’.
Amendment 353, page 331, line 9, after ‘networks)’ insert ‘—
(a) for “services-provider”, in each place it appears, substitute “responsible person”,
(b) in subsection (2), before paragraph (a) insert—
“(za) the National Health Service Commissioning Board;
(zb) a clinical commissioning group;”,
Amendment 354, page 331, line 9, at end insert ‘, and
() in the title, for “services-providers” substitute “responsible persons”.
Amendment 355, page 333, line 24, leave out ‘or 12’.
Amendment 356, page 335, line 45, at end insert—
In section 36 (disclosure of information by Her Majesty’s Revenue and Customs), in subsection (3) after paragraph (a) insert—
“(aa) the National Health Service Commissioning Board;”.’.—(Mr Lansley.)
Amendments made: 357, page 336, line 36, at end insert—
‘Modification of requirements as to consultation
(1) If, at any time before the commencement of section 6, the Secretary of State consults a Special Health Authority as to the making of regulations under section 3B of the 2006 Act (as inserted by section 12), the consultation is to be treated for the purposes of subsection (4)(b) of section 3B as consultation with the Board.
7 Sep 2011 : Column 484
(2) If, at any time before the commencement of section 6, the Secretary of State consults a Special Health Authority about the objectives or requirements to be included in the first mandate published under section 13A of the 2006 Act (as inserted by section 20), the consultation is to be treated for the purposes of subsection (8)(a) of section 13A as consultation with the Board.’.
Amendment 358, page 336, line 37, at end insert—
1A (1) This paragraph applies if section 18 is commenced before section 29(1).
(2) Until section 29(1) is commenced, section 7(1) of the 2006 Act has effect as if after “Special Health Authority” there were inserted “or Strategic Health Authority”.
(3) Sub-paragraph (4) applies in relation to any direction given under section 7(1) of the 2006 Act to a Strategic Health Authority which has effect immediately before section 18 is commenced.
(4) Until section 29(1) is commenced, the direction continues to have effect as if given to the Strategic Health Authority under section 7(1) of the 2006 Act (as it has effect by virtue of sub-paragraph (2)).
(5) Sub-paragraph (6) applies in relation to any direction given under section 7(2) of the 2006 Act to a Special Health Authority in respect of the functions of a Strategic Health Authority which has effect immediately before section 18 is commenced.
(6) Until section 29(1) is commenced, the direction continues to have effect as if given to the Special Health Authority in respect of the functions of the Strategic Health Authority under section 7(1) of the 2006 Act.
(7) Any reference in this paragraph to section 7(1) of the 2006 Act is a reference to that provision as amended by section 18.’.
Amendment 359, page 337, line 24, at end insert—
Any reference in paragraphs 1A to 3 to the commencement of section 18 is to its commencement by virtue of an order under section304(4) (and not to its commencement for limited purposes by virtue of section 304(1)(d)).’.
Amendment 360, page 337, line 28, after “Trusts”, insert “or Strategic Health Authorities’.
Amendment 361, page 339, line 14, at end insert—
‘( ) Any reference (however expressed) in the following provisions of Chapter A2 of Part 2 of the National Health Service Act 2006 to the functions of a clinical commissioning group includes a reference to the functions of a Primary Care Trust that are exercisable by the group by virtue of sub-paragraph (1)—
(n) section 14Z5(7) insofar as it defines “commissioning functions” in section 14Z6,
(o) sections 14Z15(1), 14Z17(1) and 14Z19(1) and (3),
(p) in Schedule 1A, paragraphs 3(1) and (3), 5 and 11(6)(b).’.
Amendment 362, page 339, line 14, at end insert—
‘( ) Arrangements made under sub-paragraph (1) do not affect the liability of the Primary Care Trust for the exercise of any of its functions.’.
7 Sep 2011 : Column 485
Amendment 363, page 339, line 14, at end insert—
‘Power to make payments to the Board during initial period
(1) The Secretary of State may make payments to the Board of such amounts as the Secretary of State considers appropriate towards meeting the expenditure of the Board which is attributable to the performance by it of its functions during the initial period.
(2) Payments under sub-paragraph (1) may be made at such times and on such terms and conditions as the Secretary of State considers appropriate.’.
Amendment 364, page 339, line 14, at end insert—
‘Support for clinical commissioning groups during initial period
(1) A Primary Care Trust may provide assistance or support to a clinical commissioning group during the initial period.
(2) The assistance that may be provided includes—
(b) making the services of the Trust’s employees or any other resources of the Trust available to the group.
(3) Assistance or support provided under this paragraph may be provided on such terms and conditions, including terms as to payment, as the Trust considers appropriate.
(4) The Primary Care Trust may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this paragraph.
(5) A clinical commissioning group must comply with any restrictions imposed under sub-paragraph (4).’.—(Mr Lansley.)
Amendment made: 365, page 341, line 8, at end insert—
‘Civil Contingencies Act 2004 (c. 36)
In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute—9 The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of —
(a) the Secretary of State’s functions under section 2A of the National Health Service Act 2006,
(b) the Secretary of State’s functions under section 54 of the Health and Social Care Act 2011 in so far as it applies in relation to Wales or Scotland, or
(c) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health.”’.—(Mr Lansley.)
Amendment made: 373, page 378, line 21, at end insert—
‘(5) The regulations may impose duties on a responsible person as respects responding to requests for information made by a person who has power to appoint a member of an LHW when discharging the duty imposed by virtue of sub-paragraph (3).
(6) In sub-paragraph (5), “responsible person” means a responsible person for the purposes of section 224(1).’.—(Mr Lansley.)
7 Sep 2011 : Column 486
Amendments made: 374, page 381, line 25, at end insert—
Omit section 70 (abolition of the Central Council for Education and Training in Social Work).’.
Amendment 375, page 381, line 28, at end insert—
In section 114 (schemes for the transfer of staff), in subsection (1), omit “, 70”.In section 118 (orders and regulations), in subsection (4), omit the words from “; and” to the end.In section 121 (interpretation), in the table in subsection (13), omit the entry for “CCETSW”.In section 122 (commencement), omit “section 70(2) to (5) and”.In section 123 (extent), omit subsection (3).’.
Amendment 376, page 384, line 41, at end insert—
In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert—
“(za) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and training of approved mental health professionals: Wales),’.
Amendment 377, page 386, line 39, leave out paragraph 53.
Amendment 378, page 388, line 7, at end insert—
Omit section 26(12) of that Act.’.
Amendment 379, page 388, line 33, leave out paragraph (e).—(Mr Lansley.)
Amendments made: 380, page 397, line 5, at beginning insert—
‘(1) The Employment Rights Act 1996 is amended as follows.
(2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert—
“(ac) the National Institute for Health and Care Excellence,”.’.
Amendment 381, page 397, line 5, leave out
‘of the Employment Rights Act 1996’.
Amendment 382, page 397, line 7, at end insert—
‘Data Protection Act 1998 (c. 29)
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fa) insert—
“(fb) the National Institute for Health and Care Excellence,”.’.—(Mr Lansley.)
Amendments made: 383, page 404, line 5, at end insert—
‘Access to Health Records Act 1990 (c. 23)
In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of “health service body”, at the end insert—
“(f) the Health and Social Care Information Centre;”.’.
Amendment 384, page 404, line 7, at beginning insert—
‘(1) The Employment Rights Act 1996 is amended as follows.
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(2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 18) insert—
“(ad) the Health and Social Care Information Centre,”.’.
Amendment 385, page 404, line 7, leave out
‘of the Employment Rights Act 1996’.
Amendment 386, page 404, line 9, at end insert—
‘Data Protection Act 1998 (c. 29)
In section 69 of the Data Protection Act 1998 (meaning of “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 18) insert—
“(fc) the Health and Social Care Information Centre,”.’.—(Mr Lansley.)
Amendments made: 387, page 409, line 2, leave out
‘the Secretary of State or a body’
Amendment 388, page 409, line 3, after ‘(jb),’, insert ‘(m),’.
Amendment 389, page 409, line 14, leave out
‘the Welsh Ministers are, or a body’
Amendment 390, page 409, line 15, leave out ‘or (k) is,’ and insert ‘(k) or (ma) is’.
Amendment 391, page 409, line 28, after ‘jointly.’, insert—
“(15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within subsection (1); and
(b) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006.
(16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State—
(a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly;
(b) where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and
(c) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
(17) In subsections (15) and (16), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
(a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
(b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.’.
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Amendment 392, page 410, line 26, after second ‘arrangement’, insert
‘(except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998)’.
Amendment 393, page 410, line 28, after ‘jointly.’, insert—
“(3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within the definition of NHS contract in section 9(1), and
(b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006.
(4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State—
(a) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and
(b) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers.
(5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
(a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
(b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.’.
Amendment 394, page 410, line 32, at end insert—
‘( ) Until the commencement of section 29 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.’.
Amendment 395, page 411, line 6, at end insert—
‘( ) Until the commencement of section 29 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities.’.
Amendment 396, page 411, line 40, after ‘Ministers’, insert ‘—
(a) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and
Amendment 397, page 411, line 41, after ‘jointly.’, insert—
“(3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which—
(a) falls within the definition of NHS contract in section 7(1), and
(b) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006.
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(4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Welsh Ministers—
(a) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly, and
(b) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers.
(5) In subsections (3) and (4), “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—
(a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or
(b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together.’.
Amendment 398, page 413, line 7, leave out from ‘services),’ to end of line 10 and insert ‘omit subsection (4)’.
Amendment 399, page 413, line 16, leave out from ‘services),’ to end of line 19 and insert ‘omit subsection (4)’.
Amendment 400, page 416, line 42, at end insert—
Amendment 401, page 416, line 44 [Schedule 22], leave out ‘after sub-paragraph (i)’ and insert ‘before sub-paragraph (j)’.—(Mr Lansley.)
Amendment made: 402, page 418, line 41, column 2, at end insert—
‘A Special Health Authority
A qualifying company’.—(Mr Lansley.)