Select Committee on Delegated Powers and Regulatory Reform Twenty-Fourth Report


ANNEX [TO THE DEPARTMENT'S MEMORANDUM]

SUMMARY LIST OF PROVISIONS CONTAINING DELEGATED POWERS

Clause reference
DESCRIPTION OF POWER
PART ONE
Clause 6 Power to make regulations to prescribe the persons that must be consulted by bodies making an application to become an NHS foundation trust.
Clause 22 Power to provide by order for the appointment of trustees for an NHS foundation trust to hold property on trust and by order provide for the transfer of any property from the NHS foundation trust to the trustees.
Clause 24 Power to by order apply Part 1 of the Insolvency Act 1986 to apply, with modifications, in relation to NHS foundation trusts.
Clause 25 Power to make an order to provide for the dissolution of an NHS foundation trust and to specify which persons and on which matters the regulator must consult before dissolving such a trust. The order may also provide for the transfer of staff and property from the NHS foundation trust to a body specified in this clause.
Clause 27Power to make regulations setting out consultation requirements where trusts propose to merge.
Clause 28Power to by order dissolve the old organisations, where the Independent Regulator gives an authorisation to merge, and to transfer any of their property, rights and liabilities to the new NHS foundation trust.
Clause 31Extension to NHS foundation trusts of a current regulation making power for NHS trusts for the entry and inspection of NHS foundation trust premises by Patient Forums.
Schedule 4Power to make an order to authorise an NHS foundation trust to purchase land compulsorily for the purposes of its functions.
PART TWO
Schedule 6Power to make regulations to provide for the appointments and payments of the members of the CHAI.

Power for the Secretary of State and the Assembly to make regulations in relation to the removal from office of persons in certain circumstances.

Power for the Assembly to direct a Special Health Authority in relation to its appointments functions for the CHAI.

Schedule 7Power to make regulations to provide for the appointments and payments of the members of the CSCI.

Power for the Secretary of State and the Assembly to make regulations in relation to the removal from office of persons in certain circumstances.

Power to prescribe the functions of a Children's Rights Director.

Schedule 8 Power to make supplementary, incidental, transitional and consequential provision in relation to the transfer the property and staff etc..
Clause 51Power to make regulations requiring an NHS body to publish a statement of action it proposes to take as a result of any review or investigation conducted by the CHAI.
Clause 57Power to make regulations requiring an NHS trust to publish a statement of action it proposes to take as a result of any review or investigation conducted by the CHAI.
Clause 58Power to make regulations to confer additional health care functions on the CHAI.
Clause 60Power for both the Secretary of State and the Assembly to make regulations to require the CHAI to devise and publish statements of criteria.
Clause 61Power to by regulations provide for the way the CHAI may use its power to require persons to pay fees. Power for regulations to provide for an independent panel to review those fees charged.
Clause 62Power for the Assembly to by regulations provide for the way the CHAI may use its power to require persons to pay fees. Power for regulations to provide for an independent panel to review those fees charged.
Clause 67Power to by regulations require certain persons to explain certain documents.
Clause 73 Power for the Assembly to by regulations require certain persons to explain certain documents.
Clause 82Power to make regulations to confer additional social care functions on the CSCI.
Clause 83Power to make regulations to require the CSCI to devise and publish statements of criteria.
Clause 84Power to by regulations provide for the way the CSCI may use its power to require persons to pay fees. Power for regulations to provide for an independent panel to review those fees charged.
Clause 89Power to by regulations require certain persons to explain certain documents.
Clause 92 Power for the Assembly to make regulations to require a local authority in Wales to pay a fee to the Assembly in respect of certain functions.
Clause 94 Power for the Assembly to confer on itself additional functions by regulations which correspond to those given to the CSCI.
Clause 99 Power for the Assembly to by regulations require certain persons to explain certain documents.
Clause 101Power to confer, by regulations, additional functions on the CHAI in relation to independent health services.
Clause 102Power to confer, by regulations, additional functions on the CSCI in relation to registered social care services.
Clause 103Power to make regulations to determine the fees charged by the CHAI or the CSCI under Part 2. Power to prescribe in regulations the time at which persons must pay an annual registration fee to the registration authority. These powers are Assembly powers where the Assembly is the registration authority.
Clause 111Power for the Secretary of State and the Assembly to make regulations to make provision about the handling and consideration of complaints relating to health care.
Clause 112Power for the Secretary of State and the Assembly to make regulations to make provision about the handling and consideration of complaints relating to social services.
Clause 114Power to make regulations about the further consideration of complaints under the Children Act 1989 in England and the power to make similar regulations in respect of Wales.
Clause 115Power to prescribe the circumstances in which the CHAI and the CSCI must consult each other and enter into the pooling of financial resources.
Clause 120Power to make regulations to require the CHAI and CSCI to carry out joint annual reviews in certain circumstances.
Clause 128Power to direct the CHAI to have regard to certain aspects of government policy. Power also to make regulations in relation to the publishing of statements of criteria.
Clause 129Power to direct the CSCI to have regard to certain aspects of government policy. Power also to make regulations in relation to the publishing of statements of criteria.
Clause 130 Power to give the CHAI a direction in writing where the CHAI is failing to a significant extent.
Clause 131 Power to give the CSCI a direction in writing where the CSCI is failing to a significant extent.
PART THREE
Clause 146(9)Power to omit or modify items in Schedule 9 which lists payments which are exempted from the definition of compensation payment.
Schedule 11Power to prescribe exempted trusts or other payments which are not to count as compensation payments.
Clause 147(8) and (9) Power to prescribe the period for the purposes of subsection (8)(b) and the manner and timing of applications for certificates of NHS charges.
Clause 149(2)Power to prescribe the amounts of NHS charges payable as well as arrangements for apportionment and cross-border adjustment.
Clause 149(9)Power to prescribe the particulars of the manner in which amounts in certificates have been calculated which a compensator will be entitled to request.
Clause 152Power to prescribe the periods and circumstances of reviews and to prescribe the manner in which persons must notify the Secretary of State or Scottish Ministers of any court order, judgement or minute.
Clause 153Power to provide for the manner, timing and procedure for appeals including the non-disclosure of medical advice/evidence.
Clause 156Power to prescribe the type of information to be provided by compensators and others and the timing and manner of providing it.
Clause 158(3)Power for regulations to provide for the manner and timing of onward payments of monies recovered to hospitals or ambulance trusts and for dealing with situations where a hospital or ambulance trust in question has ceased to exist.
Clause 159Power to make regulations to govern lump sums, periodical payments, interim payments ordered by a court to be repaid and payments into court including a power to modify the application of this legislation.
Clause 160(4)Power to prescribe cases in which the amount of the liability imposed on the insurer by clause 155(1) is to be limited.
Clause 161Power to make provision by regulations for the recovery of NHS costs to apply to non-health service hospitals. This power includes power to modify the application of the legislation itself.
PART FOUR
Clause 166 Power to make regulations to prescribe what information a PCT/LHB must publish about the primary dental services for which it makes provision. Power to prescribe what should or should not be regarded as primary dental services.
Clause 167Power to prescribe Primary Care Trust dental health functions in relation to England and power for the National Assembly for Wales to prescribe dental health functions for itself and for Local Health Boards.
Clause 168Power to make regulations in relation to the services provided under a General Dental Services contract, to prescribe the conditions under which an eligible person may enter into a GDS contract, to prescribe the period during in which an ex-provider must have been providing services to qualify as a provider in future, to prescribe the effect of a change in partnership on a GDS contract, to prescribe the provision that must be made under a GDS contract and to make regulations in relation to the resolution of disputes as to the terms of the contract and about NHS body status. Power to give directions as to the payments made under such contracts.
Clause 169Power to by order make transitional provision in relation to the circumstances in which persons have a right to enter into a GDS contract or to contract for the provision of dental services.
Clause 170 Power to make regulations to prescribe what information a PCT/LHB must publish about the primary medical services for which it makes provision. Power to prescribe what should or should not be regarded as primary medical services.
Clause 171Power to make regulations in relation to the services provided under a General Medical Services contract, to prescribe the conditions under which an eligible person may enter into a GMS contract, to prescribe the period during in which an ex-provider must have been providing services to qualify as a provider in future, to prescribe the effect of a change in partnership on a GMS contract and to prescribe the provision that must be made under a GMS contract. Power to make provision in regulations for a person to be treated as a Health Service Body and power to make provision for the resolution of disputes as to the terms of the contract. Power to give directions as to the payments made under such contracts and power to give directions as to drugs etc. which may or may not be ordered for patients under the contract.
Clause 172Power to by order make transitional provision in relation to the circumstances in which persons have a right to enter into a GMS contract or to contract for the provision of medical services.
Clause 173Power to impose conditions that persons must satisfy in order to enter into section 28C arrangements. Extension of the regulation making power under section 28E of the 1977 Act so that the regulations may require payments to be made in accordance with directions and ,ake provision about patient choice and registration and also about preferential right of return to GMS and GDS.
Clause 175Power to provide that prescribed health care professionals may not perform NHS primary dental or medical services unless included on a PCT/LHB list.
Clause 178Power for the Secretary of State or the Assembly to by order make provision for the transfer to a Special Health Authority of the rights and liabilities of a PCT/LHB under a general dental services contract.
Clause 179Power to make regulations to provide for the making and recovery of charges for dental services.
Schedule 12ZAPower to make regulations to exempt certain persons and treatments from paying dental charges.
Clause 180 - Schedule 11 Power to make regulations to require a PCT/LHB to consult its LMC in the exercise of its primary medical services functions and to require a Strategic Health Authority to do likewise in respect of 28C arrangements. Power to make regulations to require a PCT/LHB to consult its LDC in the exercise of its primary medical services functions and to require a Strategic Health Authority to do likewise in respect of 28C arrangements. Power for regulations the circumstances in which practitioners may or may not sell on 'goodwill'.
PART FIVE
Clause 181Power to by regulations establish one or more schemes to provide benefits to prescribed descriptions of women and children including a power for the Secretary of State and the Assembly to by regulations prescribe the range of foods available under the scheme.

Power to give directions to a body administering a scheme in relation to matters relating to the operation of the scheme.

Power for the Assembly, with the agreement of the Secretary of State, to give directions to a body administering a scheme in relation to matters relating to the operation of the scheme in Wales.

Clause 182Power for Northern Ireland to make an Order in Council to replicate the provisions in Clause 181.
Clause 183Power to direct a Special Health Authority to exercise the appointments function relating to a body to which this clause applies and as is specified in the direction.
PART SIX
Clause 191General provision about orders and regulations under the Bill.
Clause 194Power to make commencement orders for the Act.
Clause 195Power for the appropriate authority (as defined in each part of the Bill) to make supplementary, incidental, consequential etc. provisions by order.


 
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