Health and Social Care Bill [AS AMENDED, ON RE-COMMITTAL, IN PUBLIC BILL COMMITTEE] The Bill is divided into two volumes. Volume I contains the Clauses. Volume II contains the Schedules to the Bill. CONTENTS PART 1 THE HEALTH SERVICE IN ENGLAND The health service: overview 1 The Secretary of State and the comprehensive health service 2 Secretary of State’s duty to promote comprehensive health service 3 The Secretary of State’s duty as to improvement in quality of services 4 The Secretary of State’s duty as to improvement in quality of servicesreducing inequalities 5 The Secretary of State’s duty as to reducing inequalitiespromoting autonomy 6 The Secretary of State’s duty as to promoting autonomyresearch 7 The NHS Commissioning Board 8 Commissioning consortia Arrangements for provision of health services 9 The Secretary of State’s duty as to protection of public health 10 Duties as to improvement of public health 11 Duties of consortia as to commissioning certain health services 12 Power of consortia as to commissioning certain health services 13 Power to require Board to commission certain health services 14 Secure psychiatric services 15 Other services etc. provided as part of the health service 16 Regulations as to the exercise by local authorities of certain public health functions 17 Regulations relating to EU obligations 18 Regulations as to the exercise of functions by the Board or consortia 19 Functions of Special Health Authorities 20 Exercise of public health functions of the Secretary of State Further provision about the Board 21 The NHS Commissioning Board: further provision 22 Financial arrangements for the Board Bill 221 55/1 ii Health and Social Care Bill Further provision about commissioning consortia 23 Commissioning consortia: establishment etc. 24 Commissioning consortia: general duties etc. 25 Financial arrangements for consortia 26 Requirement for primary medical services provider to belong to consortium Further provision about local authorities’ role in the health service 27 Other health service functions of local authorities under the 2006 Act 28 Appointment of directors of public health 29 Exercise of public health functions of local authorities Abolition of Strategic Health Authorities and Primary Care Trusts 30 Abolition of Strategic Health Authorities 31 Abolition of Primary Care Trusts Functions relating to mental health mattersfluoridation of water 32 Fluoridation of water supplies 33 Procedural requirements in connection with fluoridation of water supplies 34 Fluoridation of water supplies: transitional provision Functions relating to mental health matters 35 Approval functions 36 Discharge of patients 37 After-care 38 Provision of pocket money for in-patients 39 Transfers to and from special hospitals 40 Independent mental health advocates 41 Patients’ correspondence 42 Notification of hospitals having arrangements for special cases Emergency powers 43 Role of the Board and consortia in respect of emergencies 44 Secretary of State’s emergency powers Miscellaneous 45 New Special Health Authorities 46 Primary care services: directions as to exercise of functions 47 Charges in respect of certain public health functions 48 Pharmaceutical services expenditure 49 Secretary of State’s duty to keep health service functions under review 50 Secretary of State’s annual report 51 Certification of death 52 Amendments related to Part 1 and transitional provision Health and Social Care Bill iii PART 2 FURTHER PROVISION ABOUT PUBLIC HEALTH 53 Abolition of Health Protection Agency 54 Functions in relation to biological substances 55 Radiation protection functions 56 Repeal of AIDS (Control) Act 1987 57 Co-operation with bodies exercising functions in relation to public health PART 3 ECONOMIC REGULATION REGULATION OF HEALTH AND ADULT SOCIAL CARE SERVICES CHAPTER 1 MONITOR 58 Monitor 59 General duties 60 General duties: supplementary 61 Power to give Monitor functions relating to adult social care services 62 Matters to have regard to in exercise of functions 63 Conflicts between functions 64 Duty to review regulatory burdens 65 Duty to carry out impact assessments 66 Information 67 Failure to perform functions CHAPTER 2 COMPETITION 68 Functions under the Competition Act 1998 69 Functions under Part 4 of the Enterprise Act 2002 70 Competition functions: supplementary 71 Requirements as to good procurement practiceprocurement, etc.patient choice and competition 72 Powers in relation to requirements imposed under section 63 73 Requirements under section 70: investigations, declarations and directions 74 Requirements under section 70: undertakings 75 Guidance 76 Mergers involving NHS foundation trusts 77 Reviews by the Competition Commission 78 Reviews under section 75: powers of investigation 79 Reviews under section 6675: considerations relevant to publication 80 Co-operation with the Office of Fair Trading CHAPTER 3 DESIGNATED SERVICES 81 Designation of services 82 Appeals to the Tribunal iv Health and Social Care Bill 83 Complaint about grant of application for designation 84 Complaint about refusal of application for designation 85 Reviews and removals of designations 86 Complaint about grant of application for removal of designation 87 Complaint about refusal of application for removal of designation 88 Complaints: general provisions 89 Designations affecting more than one commissioner 90 Guidance CHAPTER 4 LICENSING Licensing requirement 91 Requirement for health service providers to be licensed 92 Deemed breach of requirement to be licensed 93 Exemption regulations 94 Exemption regulations: supplementary Licensing procedure 95 Application for licence 96 Licensing criteria 97 Grant or refusal of licence 98 Application and grant: NHS foundation trusts 99 Revocation of licence 100 Right to make representations 101 Notice of decisions 102 Appeals to the Tribunal 103 Register of licence holders Licence conditions 104 Standard conditions 105 Special conditions 106 Limits on Monitor’s functions to set or modify licence conditions 107 Conditions: supplementary 108 Modification of standard conditions 109 Modification references to the Competition Commission 110 Modification of conditions by order under other enactments 111 Standard condition as to transparency of certain criteria Enforcement 112 Power to require documents and information 113 Discretionary requirements 114 Enforcement undertakings 115 Further provision about enforcement powers 116 Guidance as to use of enforcement powers 117 Publication of enforcement action 118 Notification of enforcement action Health and Social Care Bill v Transitional provision 119 Designation of NHS foundation trusts during transitional period 120 Imposition of licence conditions on designated NHS foundation trusts CHAPTER 5 PRICING 121 Price payable by commissioners for NHS services 122 The national tariff 123 The national tariff: further provision 124 Consultation on proposals for the national tariff 125 Consultation: further provision 126 Responses to consultation 127 Determination on reference under section 106123 128 Changes following determination on reference under section 106123 129 Power to veto changes proposed under section 108125 130 Local modifications of prices of designated services: agreements 131 Local modifications of prices of designated services: applications 132 Correction of mistakes CHAPTER 6 INSOLVENCY AND HEALTH SPECIAL ADMINISTRATION 133 Application of insolvency law to NHS foundation trusts 134 Health special administration orders 135 Objective of a health special administration 136 Health special administration regulations 137 Transfer schemes 138 Indemnities 139 Modification of this Chapter under Enterprise Act 2002 CHAPTER 7 FINANCIAL ASSISTANCE IN HEALTH SPECIAL ADMINISTRATION CASES Establishment of mechanisms 140 Duty to establish mechanisms for providing financial assistance 141 Power to establish fund Applications for financial assistance 142 Applications 143 Grants and loans Charges on commissioners 144 Power to impose charges on commissioners Levy on providers 145 Imposition of levy vi Health and Social Care Bill 146 Power of Secretary of State to set limit on levy and charges 147 Consultation 148 Responses to consultation 149 Amount payable Supplementary 150 Investment principles and reviews 151 Borrowing 152 Shortfall or excess of available funds, etc. CHAPTER 8 GENERAL MISCELLANEOUS AND GENERAL 153 Secretary of State’s duty as respects variation in provision of health services 154 Service of documents 155 Electronic communications 156 Interpretation and consequential amendments PART 4 NHS FOUNDATION FOUNDATION TRUSTS & NHS TRUSTS Governance and management 157 Governors 158 Directors 159 Members 160 Accounts: initial arrangements 161 Accounts: variations to initial arrangements 162 Annual report and forward plan 163 Meetings 164 Voting Foundation trust status 165 Authorisation 166 Bodies which may apply for foundation trust status 167 Amendment of constitution 168 Panel for advising governors Finance 169 Financial powers etc. Functions 170 Goods and services 171 Private health care 172 Information 173 Significant transactions Health and Social Care Bill vii Mergers, acquisitions, separations and dissolution 174 Mergers 175 Acquisitions 176 Separations 177 Dissolution 178 Supplementary Failure 179 Repeal of de-authorisation provisions 180 Trust special administrators 181 Procedure etc. 182 Action following final report 183 Sections 159 177 to 161179: supplementary 184 Repeal of Chapter 5A of Part 2 of the National Health Service Act 2006