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Health and Social Care Bill


Health and Social Care Bill
Part 5 — Miscellaneous

100

 

149     

Qualifying bodies

(1)   

A body is a qualifying body for the purposes of this group of sections if—

(a)   

a reasonable person might consider that its activities are being carried

on for the benefit of the community in England,

(b)   

except in the case of a body of a prescribed kind, it satisfies prescribed

5

conditions relating to the distribution of its profits,

(c)   

it is carrying on a business, and

(d)   

it satisfies such other conditions as may be prescribed.

(2)   

Regulations may provide that—

(a)   

a body may only be a qualifying body if it is of a prescribed kind;

10

(b)   

activities of a prescribed description are to be treated as being, or as not

being, activities which a reasonable person might consider are activities

carried on for the benefit of the community in England.

(3)   

“Community” includes a section of the community; and regulations may make

provision about what does, does not or may constitute a section of the

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community.

150     

Forms of assistance under s. 148

(1)   

Subject to subsection (3), financial assistance under section 148 may be given in

any form.

(2)   

Assistance may, in particular, be given by way of—

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(a)   

grants,

(b)   

loans,

(c)   

guarantees, or

(d)   

in the case of assistance under section 148(1) given to a company,

purchasing share capital of the company.

25

(3)   

Financial assistance under section 148(2) given to a company may not be given

by way of purchasing share capital of the company.

151     

Terms on which assistance under s. 148 is given

(1)   

Financial assistance under section 148 may be given on such terms as the

Secretary of State considers appropriate.

30

(2)   

The terms may, in particular, include provisions as to—

(a)   

circumstances in which the assistance is to be repaid, or otherwise

made good, to the Secretary of State, and the manner in which that is to

be done;

(b)   

the keeping, and making available for inspection, of accounts and other

35

records.

(3)   

The person receiving assistance under section 148 must comply with the terms

on which it is given, and compliance may be enforced by the Secretary of State.

152     

Directions to certain NHS bodies

(1)   

The Secretary of State may direct—

40

(a)   

a Primary Care Trust,

(b)   

a Strategic Health Authority,

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

101

 

(c)   

a National Health Service trust all or most of whose hospitals,

establishments and facilities are situated in England, or

(d)   

a Special Health Authority performing functions only or mainly in

respect of England,

   

to exercise any functions of the Secretary of State in relation to financial

5

assistance under section 148.

(2)   

The Secretary of State may give directions to any of the bodies mentioned in

subsection (1) about the exercise by it of any function of the Secretary of State

which it exercises by virtue of that subsection.

153     

Arrangements with other third parties

10

(1)   

The Secretary of State may make arrangements for—

(a)   

financial assistance under section 148 to be given, or

(b)   

other functions relating to such assistance to be exercised,

   

by a person other than a body mentioned in section 152(1) or an English local

authority.

15

(2)   

A person with whom the Secretary of State makes arrangements under

subsection (1) is referred to in this section as P.

(3)   

Arrangements under subsection (1) may provide for the functions concerned

to be exercised by P—

(a)   

either wholly or to such extent as may be specified in the arrangements,

20

and

(b)   

either generally or in such cases or circumstances as may be so

specified.

(4)   

Arrangements under subsection (1) may make provision—

(a)   

subject to section 150(3), as to the forms of financial assistance which

25

may be given by P, and

(b)   

as to the terms on which financial assistance may be given by P.

(5)   

Arrangements under subsection (1) may—

(a)   

provide for the Secretary of State to make payments to P, and

(b)   

make provision as to the circumstances in which any such payments

30

are to be repaid to the Secretary of State.

(6)   

In subsection (1) “English local authority” includes a non-metropolitan district

council for an area for which there is a county council.

154     

Power to form company

The Secretary of State may form, or participate in forming, one or more

35

companies with a view to making arrangements under section 153(1) with the

companies for financial assistance under section 148 to be given, or other

functions relating to such assistance to be exercised, by the company.

155     

Interpretation of group of sections

(1)   

In this section and sections 148 to 154 “this group of sections” means this

40

section and those sections.

(2)   

In this group of sections—

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

102

 

“company” means a company as defined by section 1 of the Companies

Act 2006 (c. 46);

“English local authority” means—

(a)   

a county council in England,

(b)   

a metropolitan district council,

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(c)   

a non-metropolitan district council for an area for which there is

no county council,

(d)   

a London borough council,

(e)   

the Common Council of the City of London, or

(f)   

the Council of the Isles of Scilly;

10

“health services” means services which must or may be provided for the

purposes of the health service continued under section 1(1) of the

National Health Service Act 2006 (c. 41) or services which are similar to

such services;

“prescribed” means prescribed by regulations;

15

“qualifying body” has the meaning given by section 149;

“regulations” means regulations made by the Secretary of State;

“social care services” means services which an English local authority

must or may provide or arrange to be provided under any of the

following provisions—

20

(a)   

Part 3 of the National Assistance Act 1948 (c. 29),

(b)   

section 45 of the Health Services and Public Health Act 1968

(c. 46),

(c)   

section 117 of the Mental Health Act 1983 (c. 20), and

(d)   

section 254 of, and Schedule 20 to, the National Health Service

25

Act 2006,

or services which are similar to such services.

National Information Governance Board for Health and Social Care

156     

National Information Governance Board for Health and Social Care

(1)   

After section 250 of the National Health Service Act 2006 insert—

30

“The National Information Governance Board for Health and Social Care

250A    

National Information Governance Board: functions

(1)   

There is to be a board known as the National Information Governance

Board for Health and Social Care.

(2)   

The functions of the Board are—

35

(a)   

to monitor the practice followed by relevant bodies in relation

to the processing of relevant information,

(b)   

to keep the Secretary of State, and such bodies as the Secretary

of State may designate by direction, informed about the practice

being followed by relevant bodies in relation to the processing

40

of relevant information,

(c)   

to publish guidance on the practice to be followed in relation to

the processing of relevant information,

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

103

 

(d)   

to advise the Secretary of State on particular matters relating to

the processing of relevant information by any person, and

(e)   

to advise persons who process relevant information on such

matters relating to the processing of relevant information by

them as the Secretary of State may from time to time designate

5

by direction.

(3)   

The Board must, in exercising its functions, seek to improve the practice

followed by relevant bodies in relation to the processing of relevant

information.

(4)   

In this section “relevant information” means—

10

(a)   

patient information,

(b)   

any other information obtained or generated in the course of the

provision of the health service, and

(c)   

any information obtained or generated in the course of the

exercise by a local social services authority in England of its

15

adult social services functions.

(5)   

In subsection (4) “patient information” means—

(a)   

information (however recorded) which relates to the physical or

mental health or condition of an individual (“P”), to the

diagnosis of P’s condition or to P’s care or treatment, and

20

(b)   

information (however recorded) which is to any extent derived,

directly or indirectly, from that information,

   

whether or not the identity of the individual in question is ascertainable

from the information.

(6)   

The Board must provide advice under subsection (2)(d) if requested to

25

do so by the Secretary of State; and may provide advice under

subsection (2)(d) or (e) without being requested to do so by the person

to whom the advice is to be provided.

(7)   

A relevant body must have regard to any guidance published under

subsection (2)(c) and any advice given to it under subsection (2)(e); and

30

the Secretary of State must have regard to any advice given under

subsection (2)(d).

(8)   

The Board may request any relevant body to provide the Board with

specified information for the purpose of enabling the Board to ascertain

whether the relevant body has had proper regard to—

35

(a)   

guidance given under subsection (2)(c),

(b)   

advice given under subsection (2)(e), and

(c)   

any advice given to the relevant body by the Secretary of State.

(9)   

In this section—

“adult social services functions”, in relation to a local social

40

services authority, means the authority’s social services

functions (within the meaning of the Local Authority Social

Services Act 1970), other than those for which the authority’s

director of children’s services is responsible under section 18 of

the Children Act 2004;

45

“processing”, in relation to information, has the same meaning as

in the Data Protection Act 1998;

“relevant body” means—

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

104

 

(a)   

any body or person engaged in the provision of the

health service, including a body or person so engaged

under contract, or

(b)   

any body or person providing social care services;

“social care services” means services provided by a local social

5

services authority in England in the exercise of its adult social

services functions.

250B    

National Information Governance Board: Wales

(1)   

The functions of the National Information Governance Board for

Health and Social Care, except—

10

(a)   

its functions under section 252 in relation to regulations under

section 251, and

(b)   

its functions under subsection (2),

   

are exercisable only in relation to England.

(2)   

In relation to Wales, the Secretary of State may seek the views of the

15

Board on such matters concerned with the processing of information

falling within section 250A(4)(a) or (b) as the Secretary of State

considers appropriate.

250C    

National Information Governance Board: further provisions.

(1)   

The Secretary of State may by regulations make provision about the

20

National Information Governance Board for Health and Social Care.

(2)   

The regulations may, in particular, make provision as to—

(a)   

the appointment of the chair and other members of the Board by

the Secretary of State or such other person as may be prescribed,

(b)   

the terms of appointment of members,

25

(c)   

the establishment and membership of committees or sub-

committees of the Board,

(d)   

the delegation by the Board of its functions, and

(e)   

the proceedings of the Board.

(3)   

The regulations may make provision as to the payment by the Secretary

30

of State of such expenses incurred by the Board or any committee or

sub-committee of the Board as the Secretary of State may determine.

(4)   

The regulations may also make provision for the payment to members

of the Board or any committee or sub-committee of the Board of such

remuneration or allowances as the Secretary of State may determine.

35

(5)   

Regulations under this section cannot include provision by virtue of

section 272(8)(a) amending or repealing an Act.

250D    

National Information Governance Board: annual reports

(1)   

The National Information Governance Board for Health and Social

Care must, not later than 3 months after the end of each reporting

40

year—

(a)   

prepare a report on its activities during the year, and

(b)   

send a copy of the report to the Secretary of State.

(2)   

In subsection (1) “reporting year” means—

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

105

 

(a)   

such period of not more than 12 months beginning with the day

on which the Board is first established as the Board may

determine, and

(b)   

each successive period of 12 months.”

(2)   

The Patient Information Advisory Group (as continued by section 252 of the

5

National Health Service Act 2006 (c. 41)) is abolished.

157     

Duty to consult Board in relation to regulations about patient information

For section 252 of the National Health Service Act 2006 substitute—

“252    

Consultation with National Information Governance Board

(1)   

Before laying before Parliament a draft of any statutory instrument

10

containing regulations under section 251(1), or making any regulations

pursuant to section 251(5)(b), the Secretary of State must seek and have

regard to the views of the National Information Governance Board for

Health and Social Care on the proposed regulations.

(2)   

The Secretary of State must publish, in such manner as the Secretary of

15

State considers appropriate, any views received from the Board on the

proposed regulations.”

Functions of Health Protection Agency in relation to biological substances

158     

Functions of Health Protection Agency in relation to biological substances

(1)   

The National Biological Standards Board is abolished (and, accordingly, the

20

Biological Standards Act 1975 (c. 4) ceases to have effect).

(2)   

The Health Protection Agency Act 2004 (c. 17) is amended as follows.

(3)   

After section 2 insert—

“2A     

Functions in relation to biological substances

(1)   

The Agency has such functions in relation to a matter specified in

25

subsection (2) as the relevant authority directs.

(2)   

Those matters are—

(a)   

the establishment of standards for biological substances;

(b)   

the preparation, approval and provision of standard

preparations of biological substances;

30

(c)   

the testing of biological substances.

(3)   

The relevant authority shall be deemed to have directed under

subsection (1) that the Agency is to have the functions specified in

paragraphs (a) to (f) of Article 2 of the 1976 Order (the pre-abolition

functions of the National Biological Standards Board).

35

(4)   

The direction under subsection (3)—

(a)   

shall be deemed to have been given on the commencement of

that subsection;

(b)   

may be varied in the same way as any other direction under

subsection (1);

40

 
 

Health and Social Care Bill
Part 5 — Miscellaneous

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(c)   

is not affected by the repeal of the Biological Standards Act 1975

or by the 1976 Order ceasing to have effect as a result of that

repeal.

(5)   

In this section—

“biological substance” means a substance whose purity or potency

5

cannot, in the opinion of the Secretary of State, be adequately

tested by chemical means;

“the relevant authority” means—

(a)   

the Secretary of State, and

(b)   

the Department of Health, Social Services and Public

10

Safety in Northern Ireland,

acting jointly;

“the 1976 Order” means the National Biological Standards Board

(Functions) Order 1976.

(6)   

The generality of section 2(1) is to be taken not to be prejudiced by this

15

section; and the generality of subsections (1) to (4) is to be taken not to

be prejudiced by section 2.”

(4)   

In section 6 (meaning of “appropriate authority”), after subsection (5) insert—

“(6)   

Subsections (2) to (5) do not apply in relation to biological-substances

functions.

20

(7)   

In relation to any biological-substances function, the appropriate

authority is—

(a)   

the Secretary of State, and

(b)   

the Department of Health, Social Services and Public Safety in

Northern Ireland,

25

   

acting jointly.

(8)   

In subsections (6) and (7) “biological-substances function” means—

(a)   

a function of the Agency under section 2A, or

(b)   

a function of the Agency under section 2(1), (2)(a) or (b), (3), (4)

or (10) that is a function in relation to a matter specified in

30

section 2A(2).”

(5)   

In section 8 (power to make transfer schemes)—

(a)   

after subsection (4) insert—

“(4A)   

The Secretary of State and the Department of Health, Social

Services and Public Safety in Northern Ireland, acting jointly,

35

may make a scheme for the transfer of property, rights and

liabilities of the National Biological Standards Board to the

Agency.”, and

(b)   

in subsection (7), after “section 2” insert “, 2A”.

(6)   

In section 9 (directions)—

40

(a)   

in subsection (2) (certain directions to be given in regulations made by

statutory instrument), after “section 2(2), (3) or (4)” insert “or 2A(1),”;

and

(b)   

in subsection (3) (certain statutory instruments making regulations

giving directions to be subject to annulment), after “section 2(2)(a) or

45

(3)” insert “or 2A(1)”.

 
 

 
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