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