Health and Social Care Bill

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
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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

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Health and Social Care Bill
Part 1 — The health service in England
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(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—
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(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—
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(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
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2B and Schedule 1.”
(4)
In subsection (3) for “services so provided” substitute “services provided as
part of the health service in England”.
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The Secretary of State’s duty as to improvement in quality of services
After section 1 of the National Health Service Act 2006 insert—
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“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—
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(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
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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
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(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
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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.”
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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
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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
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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.”
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The NHS Commissioning Board
(1)
After section 1C of the National Health Service Act 2006 insert—
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“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”).
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(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—
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(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
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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
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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
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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
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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
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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
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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,
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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
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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.
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(4)
In exercising the function, the Secretary of State must—
(a)
consult the Health and Safety Executive, and
(b)
have regard to its policies.”