House of Commons portcullis
House of Commons
Session 2010 - 11
Internet Publications
Other Bills before Parliament

Health and Social Care Bill


Health and Social Care Bill
Part 1 — The health service in England

1

 

A

Bill

To

Establish and make provision about a National Health Service Commissioning

Board and commissioning consortia and to make other provision about the

National Health Service in England; to make provision about public health in

the United Kingdom; to make provision about regulating health and adult

social care services; to make provision about public involvement in health and

social care matters, scrutiny of health matters by local authorities and co-

operation between local authorities and commissioners of health care services;

to make provision about regulating health and social care workers; to establish

and make provision about a National Institute for Health and Care Excellence;

to establish and make provision about a Health and Social Care Information

Centre and to make other provision about information relating to health or

social care matters; to abolish certain public bodies involved in health or social

care; to make other provision about health care; and for connected purposes. 

Be 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

Parliament assembled, and by the authority of the same, as follows:—

Part 1

The health service in England

The health service: overview

1       

The Secretary of State and the comprehensive health service

(1)   

Section 1 of the National Health Service Act 2006 (Secretary of State’s duty to

5

promote health service) is amended as follows.

(2)   

For subsection (2) substitute—

“(2)   

For that purpose, the Secretary of State—

(a)   

has the public health functions conferred by this Act, and

 

Bill 132                                                                                                

55/1

 
 

Health and Social Care Bill
Part 1 — The health service in England

2

 

(b)   

in exercising functions in relation to a body mentioned in

subsection (2A), must act with a view to securing the provision

of services for the purposes of the health service in accordance

with this Act.

(2A)   

Those bodies are—

5

(a)   

the National Health Service Commissioning Board;

(b)   

commissioning consortia;

(c)   

local authorities (as respects their public health functions).”

(3)   

After subsection (2A) insert—

“(2B)   

In this Act—

10

(a)   

any reference to the public health functions of the Secretary of

State is a reference to the functions of the Secretary of State

under sections 2A and 2B and Schedule 1, and

(b)   

any reference to the public health functions of local authorities

is a reference to the functions of local authorities under section

15

2B and Schedule 1.”

(4)   

In subsection (3) for “services so provided” substitute “services provided as

part of the health service in England”.

2       

The Secretary of State’s duty as to improvement in quality of services

After section 1 of the National Health Service Act 2006 insert—

20

“1A     

Duty as to improvement in quality of services

(1)   

The Secretary of State must exercise the functions of the Secretary of

State in relation to the health service with a view to securing continuous

improvement in the quality of services provided to individuals for or in

connection with—

25

(a)   

the prevention, diagnosis or treatment of illness, or

(b)   

the protection or improvement of public health.

(2)   

In discharging the duty under subsection (1) the Secretary of State

must, in particular, act with a view to securing continuous

improvement in the outcomes that are achieved from the provision of

30

the services.

(3)   

The outcomes relevant for the purposes of subsection (2) include, in

particular, outcomes which show—

(a)   

the effectiveness of the services,

(b)   

the safety of the services, and

35

(c)   

the quality of the experience undergone by patients.

(4)   

In discharging the duty under subsection (1), the Secretary of State

must have regard to the quality standards prepared by NICE under

section 218 of the Health and Social Care Act 2011.”

 
 

Health and Social Care Bill
Part 1 — The health service in England

3

 

3       

The Secretary of State’s duty as to reducing inequalities

After section 1A of the National Health Service Act 2006 insert—

“1B     

Duty as to reducing inequalities

In exercising functions in relation to the health service, the Secretary of

State must have regard to the need to reduce inequalities between the

5

people of England with respect to the benefits that they can obtain from

the health service.”

4       

The Secretary of State’s duty as to promoting autonomy

After section 1B of the National Health Service Act 2006 insert—

“1C     

Duty as to promoting autonomy

10

In exercising functions in relation to the health service, the Secretary of

State must, so far as is consistent with the interests of the health service,

act with a view to securing—

(a)   

that any other person exercising functions in relation to the

health service or providing services for its purposes is free to

15

exercise those functions or provide those services in the manner

that it considers most appropriate, and

(b)   

that unnecessary burdens are not imposed on any such person.”

5       

The NHS Commissioning Board

(1)   

After section 1C of the National Health Service Act 2006 insert—

20

“Role of the Board in the health service in England

1D      

The National Health Service Commissioning Board and its general

functions

(1)   

There is to be a body corporate known as the National Health Service

Commissioning Board (“the Board”).

25

(2)   

The Board is subject to the duty under section 1(1) concurrently with

the Secretary of State except in relation to the part of the health service

that is provided in pursuance of the public health functions of the

Secretary of State or local authorities.

(3)   

For the purpose of discharging that duty, the Board—

30

(a)   

has the function of arranging for the provision of services for the

purposes of the health service in England in accordance with

this Act, and

(b)   

in exercising functions in relation to commissioning consortia,

must act with a view to securing the provision of services for

35

those purposes in accordance with this Act.

(4)   

Schedule A1 makes further provision about the Board.”

(2)   

Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this

Act.

 
 

Health and Social Care Bill
Part 1 — The health service in England

4

 

6       

Commissioning consortia

After section 1D of the National Health Service Act 2006 insert—

“Role of commissioning consortia in the health service in England

1E      

Commissioning consortia and their general functions

(1)   

There are to be bodies corporate known as commissioning consortia

5

established in accordance with Chapter A2 of Part 2.

(2)   

Each commissioning consortium has the function of arranging for the

provision of services for the purposes of the health service in England

in accordance with this Act.”

Arrangements for provision of health services

10

7       

The Secretary of State’s duty as to protection of public health

After section 2 of the National Health Service Act 2006 insert—

“Provision for protection or improvement of public health

2A      

Secretary of State’s duty as to protection of public health

(1)   

The Secretary of State must take such steps as the Secretary of State

15

considers appropriate for the purpose of protecting the public in

England from disease or other dangers to health.

(2)   

The steps that may be taken under subsection (1) include—

(a)   

the conduct of research or such other steps as the Secretary of

State considers appropriate for advancing knowledge and

20

understanding;

(b)   

providing microbiological or other technical services (whether

in laboratories or otherwise);

(c)   

providing vaccination, immunisation or screening services;

(d)   

providing other services or facilities for the prevention,

25

diagnosis or treatment of illness;

(e)   

providing training;

(f)   

providing information and advice;

(g)   

making available the services of any person or any facilities.

(3)   

Subsection (4) applies in relation to any function under this section

30

which relates to—

(a)   

the protection of the public from ionising or non-ionising

radiation, and

(b)   

a matter in respect of which the Health and Safety Executive has

a function.

35

(4)   

In exercising the function, the Secretary of State must—

(a)   

consult the Health and Safety Executive, and

(b)   

have regard to its policies.”

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2011
Revised 19 January 2011