Health and Care Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department of Health and Social Care, are published separately as Bill 140–EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Sajid Javid 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 Care Bill are compatible with the Conven- tion rights. Bill 140 58/2 Health and Care Bill CONTENTS PART 1 HEALTH SERVICE IN ENGLAND: INTEGRATION, COLLABORATION AND OTHER CHANGES NHS England 1 NHS Commissioning Board renamed NHS England 2 Power to require commissioning of specialised services 3 NHS England mandate 4 NHS England: wider effect of decisions 5 Public involvement: carers and representatives 6 Support and assistance by NHS England 7 Exercise of functions relating to provision of services 8 Preparation of consolidated accounts for providers 9 Funding for service integration 10 Payments in respect of quality 11 Secondments to NHS England Integrated care boards 12 Role of integrated care boards 13 Establishment of integrated care boards 14 People for whom integrated care boards have responsibility Integrated care boards: functions 15 Commissioning hospital and other health services 16 Commissioning primary care services etc 17 Transfer schemes in connection with transfer of primary care functions 18 Commissioning arrangements: conferral of discretions 19 General functions Integrated care partnerships 20 Integrated care partnerships and strategies Bill 140 58/2 ii Health and Care Bill Integrated care system: financial controls 21 NHS England’s financial responsibilities 22 Expansion of NHS England’s duties in respect of expenditure 23 Financial responsibilities of integrated care boards and their partners 24 Expansion of financial duties of integrated care boards and their partners Integrated care system: further amendments 25 Integrated care system: further amendments Merger of NHS bodies etc 26 Abolition of Monitor and transfer of functions to NHS England 27 Exercise by NHS England of new regulatory functions 28 Modification of standard licence conditions 29 Abolition of NHS Trust Development Authority 30 Merger of bodies: consequential amendment 31 Transfer schemes in connection with abolished bodies 32 Transfer schemes under section 31: taxation Secretary of State's functions 33 Report on assessing and meeting workforce needs 34 Arrangements for exercise of public health functions 35 Power of direction: public health functions 36 Power of direction: investigation functions 37 General power to direct NHS England 38 Reconfiguration of services: intervention powers NHS trusts 39 NHS trusts in England 40 Removal of power to appoint trust funds and trustees 41 Sections 39 and 40: consequential amendments 42 Licensing of NHS trusts 43 NHS trusts: wider effect of decisions 44 Oversight and support of NHS trusts 45 Directions to NHS trusts 46 Recommendations about restructuring of NHS trusts 47 Intervention in NHS trusts 48 NHS trusts: conversion to NHS foundation trusts and dissolution 49 Appointment of chair of NHS trusts 50 Financial objectives for NHS trusts NHS foundation trusts 51 Licensing of NHS foundation trusts 52 Capital spending limits for NHS foundation trusts 53 Accounts, reports and forward plans 54 NHS foundation trusts: joint exercise of functions 55 NHS foundation trusts: mergers, acquisitions and separations 56 Transfers on dissolution of NHS foundation trusts 57 NHS foundation trusts: wider effect of decisions Health and Care Bill iii NHS trusts and NHS foundation trusts 58 Transfer schemes between trusts 59 Trust special administrators Joint working and delegation of functions 60 Joint working and delegation arrangements 61 References to functions: treatment of delegation arrangements etc Collaborative working 62 Repeal of duties to promote autonomy 63 Guidance about joint appointments 64 Co-operation by NHS bodies etc 65 Wider effect of decisions: licensing of health care providers NHS payment scheme 66 The NHS payment scheme Patient choice and provider selection 67 Regulations as to patient choice 68 Procurement regulations 69 Procurement and patient choice: consequential amendments etc Competition 70 Duty to provide assistance to the CMA 71 Mergers of providers: removal of CMA powers 72 Removal of functions relating to competition etc 73 Removal of CMA’s involvement in licensing etc Miscellaneous 74 Special Health Authorities: removal of 3 year limit 75 Tidying up etc provisions about accounts of certain NHS bodies 76 Repeal of spent powers to make transfer schemes etc 77 Abolition of Local Education and Training Boards 78 Hospital patients with care and support needs: repeals etc PART 2 HEALTH AND ADULT SOCIAL CARE: INFORMATION 79 Information standards 80 Sharing anonymous health and social care information 81 General duties of the Health and Social Care Information Centre etc 82 Collection of information from private health care providers 83 Collection of information about adult social care 84 Enforcement of duties against private providers 85 Medicine information systems iv Health and Care Bill PART 3 SECRETARY OF STATE'S POWERS TO TRANSFER OR DELEGATE FUNCTIONS 86 Relevant bodies 87 Power to transfer functions between bodies 88 Power to provide for exercise of functions of Secretary of State 89 Scope of powers 90 Transfer schemes in connection with regulations 91 Transfer schemes: taxation 92 Consultation on draft regulations PART 4 THE HEALTH SERVICES SAFETY INVESTIGATIONS BODY Introductory 93 Establishment of the HSSIB Investigations 94 Investigation of incidents with safety implications 95 Deciding which incidents to investigate 96 Criteria, principles and processes Reports 97 Final reports 98 Interim reports 99 Draft reports 100 Response to reports 101 Admissibility of reports Investigatory powers etc 102 Powers of entry, inspection and seizure 103 Powers to require information etc 104 Voluntary provision of information etc 105 Offences relating to investigations Protection of material held by the HSSIB 106 Prohibition on disclosure of HSSIB material 107 Exceptions to prohibition on disclosure 108 Offences of unlawful disclosure 109 Restriction of statutory powers requiring disclosure Relationship with other bodies 110 Co-operation 111 Assistance of NHS bodies 112 Investigations relating to Wales and Northern Ireland Health and Care Bill v Oversight of functions 113 Failure to exercise functions 114 Review Offences: supplementary 115 Offences by bodies corporate 116 Offences by partnerships Supplementary 117 Obligations of confidence etc 118 Consequential amendments relating to Part 4 119 Interpretation of Part 4 PART 5 MISCELLANEOUS International healthcare 120 International healthcare arrangements Social care: regulation and financial assistance 121 Regulation of local authority functions relating to adult social care 122 Provision of social care services: financial assistance Professional regulation 123 Regulation of health care and associated professions Medical examiners 124 Medical examiners Food and drink 125 Advertising of less healthy food and drink 126 Hospital food standards 127 Food information for consumers: power to amend retained EU law Fluoridation of water supplies 128 Fluoridation of water supplies 129 Fluoridation of water supplies: transitional provision PART 6 GENERAL 130 Power to make consequential provision 131 Regulations 132 Financial provision vi Health and Care Bill 133 Extent 134 Commencement 135 Short title Schedule 1 — Renaming of NHS Commissioning Board Schedule 2 — Integrated care boards: constitution etc Schedule 3 — Conferral of primary care functions on integrated care boards etc Part 1 — Conferral of functions etc Part 2 — Consequential amendments Schedule 4 — Integrated care system: minor and consequential amendments Schedule 5 — Abolition of Monitor and transfer of its functions Schedule 6 — Intervention powers over the reconfiguration of NHS services Schedule 7— NHS trusts in England and removal of power to appoint trustees: consequential amendments Schedule 8 — Trust special administrators: NHS trusts and NHS foundation trusts Part 1 — Amendments about trust special administrators Part 2 — Consequential amendments Schedule 9 — References to functions: treatment of delegation arrangements etc Schedule 10 — The NHS payment scheme Schedule 11 — Patient choice: undertakings by integrated care boards Schedule 12 — Removal of functions relating to competition etc Schedule 13 — The Health Services Safety Investigations Body Part 1 — Constitution Part 2 — Transfer schemes Schedule 14 — Prohibition on disclosure of HSSIB material: exceptions Schedule 15 — Consequential amendments relating to Part 4 Schedule 16 — Advertising of less healthy food and drink Part 1 — Programme services: watershed Part 2 — Online services: prohibition Part 3 — Consequential amendments Health and Care Bill 1 Part 1 — Health service in England: integration, collaboration and other changes A BILL TO Make provision about health and social care. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— PART 1 HEALTH SERVICE IN ENGLAND: INTEGRATION, COLLABORATION AND OTHER CHANGES NHS England 1 NHS Commissioning Board renamed NHS England (1) The National Health Service Commissioning Board is renamed NHS England. 5 (2) Schedule 1 contains consequential amendments. 2 Power to