84 Trust special administration: appointment of administrator
(1) In section 65D of the National Health Service Act 2006 (NHS foundation trusts: appointment of trust special administrator), in subsection (1)—
(a) after “satisfied that” insert
—
(a)
, and
(b) at the end insert
, or
(b) there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and it is appropriate to make an order under subsection (2).
(2) After that subsection insert—
(1A) This section also applies if the Care Quality Commission—
(a) is satisfied that there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and that it is appropriate to make an order under subsection (2),
(b) informs the regulator that it is satisfied as mentioned in paragraph (a) and gives the regulator its reasons for being so satisfied, and
(c) requires the regulator to make an order under subsection (2).
(3) In subsection (2) of that section, after “The regulator may” insert “ or, where this section applies as a result of subsection (1A), must ”.
(4) After subsection (3) of that section insert—
(3A) Before imposing a requirement as mentioned in subsection (1A)(c), the Care Quality Commission must—
(a) consult the Secretary of State and the regulator, and
(b) having done that, consult—
(i) the trust,
(ii) the Board, and
(iii) any other person to which the trust provides services under this Act and which the Commission considers it appropriate to consult.
(5) In subsection (4) of that section, after “making an order under this section” insert “ (except where it is required to do so as a result of subsection (1A)) ”.
(6) In section 65N of that Act (guidance for trust special administrators), after subsection (3) insert—
(3A) Before publishing guidance under this section, the Secretary of State must consult the Care Quality Commission.
(7) In subsection (4) of that section, for “the reference in subsection (1) to the Secretary of State is to be read as a reference” substitute “ the references in subsections (1) and (3A) to the Secretary of State are to be read as references ”.
(8) In paragraph 24 of Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments to section 65N of the National Health Service Act 2006), after sub-paragraph (2) insert—
(2A) In subsection (3A), for “the Secretary of State” substitute “ the regulator ”.
85 Trust special administration: objective, consultation and reports
(1) In section 65DA of the National Health Service Act 2006 (objective of trust special administration), in subsection (1), after paragraph (a) (but before the following “and”) insert—
(aa) that the services whose continuous provision is secured as mentioned in paragraph (a) are of sufficient safety and quality to be provided under this Act,
.
(2) After subsection (5) of that section insert—
(5A) Before publishing guidance under subsection (4)(c), the regulator must consult the Care Quality Commission.
(3) In section 65F of that Act (administrator's draft report), in subsection (2)—
(a) omit the “and” preceding paragraph (b), and
(b) after that paragraph insert
, and
(c) the Care Quality Commission.
(4) In subsection (5) of that section, in paragraph (a), for “65DA” substitute “ 65DA(1)(a) ”.
(5) After that subsection insert—
(5A) Nor, in the case of an NHS foundation trust, may the administrator provide the draft report to the regulator under subsection (1) without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).
(6) In subsection (6) of that section—
(a) after “Where the Board” insert “ or the Care Quality Commission ”,
(b) for “to that effect” substitute “ to the effect mentioned in subsection (5) or (5A) ”, and
(c) after “, the Board” insert “ or (as the case may be) the Commission ”.
(7) In section 65G of that Act (consultation plan), in subsection (4), in paragraph (a), for “65DA” substitute “ 65DA(1)(a) ”.
(8) After that subsection insert—
(4A) Nor may the administrator make a variation to the draft report following the consultation period without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report as so varied would achieve that part of the objective set out in section 65DA(1)(aa).
(9) In subsection (5) of that section—
(a) after “Where the Board” insert “ or the Care Quality Commission ”,
(b) for “to that effect” substitute “ to the effect mentioned in subsection (4) or (4A) ”, and
(c) after “, the Board” insert “ or (as the case may be) the Commission ”.
(10) In section 65H of that Act (consultation requirements)—
(a) in subsection (7), after paragraph (b) insert—
(ba) the Care Quality Commission;
, and
(b) in subsection (9), after “subsection (7)(b),” insert “ (ba), ”.
(11) In section 65KB of that Act (Secretary of State's response to regulator's decision), in subsection (1), after paragraph (c) insert—
(ca) that the Care Quality Commission has discharged its functions for the purposes of this Chapter,
.
(12) In subsection (2) of that section, in paragraph (b), after “the regulator” insert “ and the Care Quality Commission ”.
(13) In section 65KD of that Act (Secretary of State's response to re-submitted final report), in subsection (3), for “(8)” substitute “ (8A) ”.
(14) After subsection (8) of that section insert—
(8A) If the notice states that the Care Quality Commission has failed to discharge a function—
(a) the Care Quality Commission is to be treated for the purposes of this Act as having failed to discharge the function, and
(b) the failure is to be treated for those purposes as significant (and section 82 of the Health and Social Care Act 2008 applies accordingly).
(15) In paragraph 15(4) of Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments to section 65F of the National Health Service Act 2006)—
(a) in the new subsection (2A) to be inserted by paragraph 15(4), in paragraph (a), for “65DA” substitute “ 65DA(1)(a) ”,
(b) after that new subsection, insert—
(2AA) Nor may the administrator provide the draft report to the regulator under subsection (1) without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).
, and
(c) in the new subsection (2B) to be inserted by paragraph 15(4)—
(i) after “Where the Board” insert “ or the Care Quality Commission ”,
(ii) for “to that effect” substitute “ to the effect mentioned in subsection (2A) or (2AA) ”, and
(iii) after “, the Board” insert “ or (as the case may be) the Commission ”.
86 Restriction on applications for variation or removal of conditions
(1) Section 19 of the Health and Social Care Act 2008 (applications by registered persons to the Care Quality Commission for variation or removal of conditions, etc.) is amended as follows.
(2) In subsection (1), after “Except in case A or B” insert “ and subject to subsections (3A) to (3F) ”.
(3) After subsection (3) insert—
(3A) R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.
(3B) This subsection applies where—
(a) the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and
(b) the Commission has not decided not to take that step.
(3C) This subsection applies where—
(a) the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), and
(b) either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
(3D) R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.
(3E) This subsection applies where—
(a) the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and
(b) the Commission has not decided not to take that step.
(3F) This subsection applies where—
(a) the Commission has given R notice under section 28(3) of its decision to remove that condition, and
(b) either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
(4) The amendments made by this section do not affect any application made under section 19(1)(a) of the Health and Social Care Act 2008 before the day on which those amendments come into force.
(1) In section 26 of the Health and Social Care Act 2008 (registration procedure: notice of proposals), after subsection (4) insert—
(4A) Where a proposal under subsection (4) names an individual and specifies action that the Commission would require the registered person to take in relation to that individual, the Commission must give that individual notice in writing of the proposal.
(2) In section 28 of that Act (notice of decisions), in subsection (6), for “subsection (7)” substitute “ subsections (7) to (9) ”.
(3) In that section, after subsection (7) insert—
(8) But in a case where notice of the proposal has been given to an individual under section 26(4A) subsection (7) does not apply unless, by the time the Commission receives the applicant's notification, it has received notification from the individual that he or she does not intend to appeal.
(9) And if the Commission receives notification from the individual after it receives the applicant's notification and before the end of the period mentioned in subsection (6)(a), the decision is to take effect when the Commission receives the individual's notification.
(1) In paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 (membership of the Care Quality Commission), in sub-paragraph (1)—
(a) after paragraph (a), omit “and”, and
(b) at the end of paragraph (b) insert
,
(c) a chief executive appointed by the members appointed under paragraphs (a) and (b), and
(d) other members appointed by the members appointed under paragraphs (a) and (b).
(2) After that sub-paragraph, insert—
(1A) The members appointed under sub-paragraph (1)(a) and (b)—
(a) are not employees of the Commission, and
(b) are referred to in this Schedule as the “non-executive members”.
(1B) The members appointed under sub-paragraph (1)(c) and (d)—
(a) are employees of the Commission, and
(b) are referred to in this Schedule as the “executive members”.
(1C) The number of non-executive members must exceed the number of executive members.
(3) In sub-paragraph (2) of that paragraph—
(a) for “sub-paragraph (1)”, substitute “ sub-paragraph (1)(a) and (b) ”, and
(b) for “the members”, substitute “ the non-executive members ”.
(4) In sub-paragraph (3) of that paragraph, for “any other member”, substitute “ any other non-executive member ”.
(5) In sub-paragraph (4) of that paragraph—
(a) in paragraph (a)—
(i) for “other members”, substitute “ other non-executive members ”, and
(ii) for “of members who may be appointed”, substitute “ of such members who may be appointed ”,
(b) after paragraph (a), omit “and”,
(c) in paragraph (b), for “other members”, substitute “ other non-executive members ”, and
(d) after paragraph (b), insert—
(c) the limits on the total number of members who may be appointed, and
(d) the minimum total number of members who must be appointed.
(6) In paragraph 4 of that Schedule (the cross-heading preceding which becomes “ Remuneration and allowances for non-executive members ”), in sub-paragraphs (1) and (2), for “any other member”, substitute “ any other non-executive member ”.
(7) In paragraph 5 of that Schedule (employees), omit sub-paragraph (1).
(8) In sub-paragraph (2) of that paragraph, for “such other employees”, substitute “ such employees (in addition to the executive members appointed by the non-executive members) ”.
After paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 insert—
Chief Inspectors
3A (1) The non-executive members must—
(a) appoint an executive member to be the Chief Inspector of Hospitals,
(b) appoint an executive member to be the Chief Inspector of Adult Social Care, and
(c) appoint an executive member to be the Chief Inspector of General Practice.
(2) Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.
(3) When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission's independence from the Secretary of State.
(1) Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is amended as follows.
(2) In section 48 (special reviews or investigations), omit subsection (7) (Secretary of State's power to make regulations as to procedure for representations before publication of report).
(3) In section 54 (studies as to economy, efficiency etc), in subsections (1) and (3), omit “, with the approval of the Secretary of State,”.
(4) After subsection (2) of that section, insert—
(2A) The Commission may not exercise the power under subsection (1)(a), so far as it relates to the activity mentioned in subsection (2)(d), without the approval of the Secretary of State.
(5) In section 55 (publication of results of studies under section 54), omit subsection (2) (Secretary of State's power to make regulations as to procedure for representations before publication of report).
(6) In section 57 (reviews of data, studies and research), in subsection (1), omit “, with the approval of the Secretary of State,”.
(7) In section 61 (inspections carried out for registration purposes), omit—
(a) subsection (1) (Secretary of State's power to make regulations specifying frequency etc. of inspections), and
(b) subsection (4) (Secretary of State's power to make regulations as to procedure for representations before publication of report).
(8) In section 83 (annual reports), omit subsection (3) (Secretary of State's power to direct preparation of separate reports).
(9) In paragraph 5 of Schedule 4 (inspection programmes etc.), omit—
(a) in sub-paragraph (1) (preparation of programme etc.), “, or at such times as the Secretary of State may specify by order,”, and
(b) sub-paragraph (3) (Secretary of State's power to specify form of programme etc.).
(10) In consequence of subsections (3) and (6), omit section 293(3) and (4) of the Health and Social Care Act 2012.
(1) Chapter 3 of Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission: quality of health and social care) is amended as follows.
(2) For section 46 (periodic reviews of health and social care provision) substitute—
Reviews and performance assessments
46 (1) The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—
(a) conduct reviews of the carrying on of the regulated activities by the service providers,
(b) assess the performance of the service providers following each such review, and
(c) publish a report of its assessment.
(2) Regulations under subsection (1) may prescribe—
(a) all regulated activities or regulated activities of a particular description;
(b) all registered service providers or particular registered service providers;
(c) the whole of a regulated activity or a particular aspect of it.
(3) The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.
(4) The Commission must prepare a statement—
(a) setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
(b) describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.
(5) The Commission may—
(a) use different indicators for different cases,
(b) make different provision about frequency and period of reviews for different cases, and
(c) describe different methods for different cases.
(6) The Commission must publish—
(a) any indicators it devises for the purpose of subsection (3), and
(b) the statement it prepares for the purpose of subsection (4).
(7) Before doing so, the Commission—
(a) must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and
(b) may also consult any other persons it considers appropriate.
(8) The Commission may from time to time revise—
(a) any indicators it devises for the purpose of subsection (3), and
(b) the statement it prepares for the purpose of subsection (4);
and, if it does so, it must publish the indicators and statement as revised.
(9) Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.
(10) In this section “registered service provider” means a person registered under Chapter 2 as a service provider.
(11) Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.
(3) Sections 47 (frequency and period of reviews under section 46) and 49 (power to extend periodic review function) are repealed.
(4) In section 48 (special reviews and investigations), in subsection (1)—
(a) omit “, with the approval of the Secretary of State,”, and
(b) at the end insert “ ; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State. ”
(5) Omit subsection (1A) of that section.
(6) In subsection (2) of that section, for “a periodic review” substitute “ a review under section 46 ”.
(7) In that subsection, after paragraph (ba) (but before the following “or”) insert—
(bb) the exercise of the functions of English local authorities in arranging for the provision of adult social services,
.
(8) After subsection (3) of that section insert—
(3A) A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).
(9) In consequence of the preceding provisions of this section—
(a) in section 50(1) of the Health and Social Care Act 2008 (failings by English local authorities), omit “or 49”;
(b) in section 51(1) of that Act (failings by Welsh NHS bodies), omit “or 49”;
(c) in section 70(3)(a) of that Act (provision by Commission to Monitor of material relevant to review under section 46 or 49), omit “or 49”;
(d) in section 72(a) of that Act (provision by Commission to Comptroller and Auditor General of material relevant to review under section 46 or 49), omit “or 49”;
(e) in section 293 of the Health and Social Care Act 2012, omit subsections (1) and (2);
(f) in Schedule 5 to that Act (amendments in consequence of Part 1 of that Act), omit paragraphs 157, 159, 163 and 164.
(1) A care provider of a specified description commits an offence if—
(a) it supplies, publishes or otherwise makes available information of a specified description,
(b) the supply, publication or making available by other means of information of that description is required under an enactment or other legal obligation, and
(c) the information is false or misleading in a material respect.
(2) But it is a defence for a care provider to prove that it took all reasonable steps and exercised all due diligence to prevent the provision of false or misleading information as mentioned in subsection (1).
(3) “Care provider” means—
(a) a public body which provides health services or adult social care in England,
(b) a person who provides health services or adult social care in England pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care, or
(c) a person who provides health services or adult social care in England all or part of the cost of which is paid for by means of a direct payment under section 12A of the National Health Service Act 2006 or under Part 1 of this Act.
(4) “Health services” means services which must or may be provided as part of the health service.
(5) “Adult social care”—
(a) includes all forms of personal care and other practical assistance for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, but
(b) does not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000.
(6) “Specified” means specified in regulations.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) If a care provider commits an offence under subsection (1) in respect of the provision of information, the provision of that information by that provider does not also constitute an offence under section 64 of the Health and Social Care Act 2008 (failure to comply with request to provide information).
(1) A person who is guilty of an offence under section 92 is liable—
(a) on summary conviction, to a fine;
(b) on conviction on indictment, to imprisonment for not more than two years or a fine (or both).
(2) A court before which a care provider is convicted of an offence under section 92 may (whether instead of or as well as imposing a fine under subsection (1)) make either or both of the following orders—
(a) a remedial order,
(b) a publicity order.
(3) A “remedial order” is an order requiring the care provider to take specified steps to remedy one or more of the following—
(a) the conduct specified in section 92(1),
(b) any matter that appears to the court to have resulted from the conduct,
(c) any deficiency, as regards the management of information, in the care provider's policies, systems or practices of which the conduct appears to the court to be an indication.
(4) A “publicity order” is an order requiring the care provider to publicise in a specified manner—
(a) the fact that it has been convicted of an offence under section 92,
(b) specified particulars of the offence,
(c) the amount of any fine imposed, and
(d) the terms of any remedial order made.
(5) A remedial order may be made only on an application by the prosecution specifying the terms of the proposed order; and any such order must be on such terms (whether those proposed or others) as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to that matter by the prosecution or on behalf of the care provider.
(6) A remedial order must specify a period within which the steps referred to in subsection (3) are to be taken.
(7) A publicity order must specify a period within which the requirements referred to in subsection (4) are to be complied with.
(8) A care provider that fails to comply with a remedial order or a publicity order commits an offence and is liable on conviction on indictment to a fine.
(1) Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
(a) a director, manager or secretary of the body, or
(b) a person purporting to act in such a capacity.
(2) The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
(3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
(a) to any other similar officer of the body, and
(b) where the body is a local authority, to a member of the authority.
(4) Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members); and rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
(5) In proceedings for an offence under section 92(1) brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 apply as they apply in relation to a body corporate.
(6) A fine imposed on an unincorporated association on its conviction for an offence under section 92(1) is to be paid out of the funds of the association.
(7) Subsection (8) applies if an offence under section 92(1) is proved—
(a) to have been committed by, or with the consent or connivance of, an officer of the association or a member of its governing body, or
(b) to be attributable to neglect on the part of such an officer or member.
(8) The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against accordingly (but section 93(2) does not apply).
95 Training for persons working in regulated activity
In section 20 of the Health and Social Care Act 2008 (regulation of regulated activities), after subsection (4) insert—
(4A) Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for a specified person to set the standards which persons undergoing the training in question must attain.
97 Planning education and training for health care workers etc.
(1) NHS England must perform on behalf of the Secretary of State the duty under section 1F(1) of the National Health Service Act 2006 (planning and delivery of education and training), so far as that duty applies to the functions of the Secretary of State under—
(a) section 63(1) and (5) of the Health Services and Public Health Act 1968 (instruction for officers of hospital authorities etc.),
(b) section 258(1) of the National Health Service Act 2006 (university clinical teaching and research), and
(c) such other of the enactments listed in section 1F(3) of that Act as regulations may specify.
(2) Regulations may—
(a) provide for the duty under section 1F(1) of the National Health Service Act 2006 to apply to such other functions of the Secretary of State as are specified; and
(b) impose on NHS England a duty to perform the duty as it applies as a result of provision made under paragraph (a).
(3) Regulations may provide that the duty under subsection (1) or a duty imposed under subsection (2) may only be performed, or may not be performed, in relation to persons of a specified description.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Regulations may give NHS England further functions relating to education and training for health care workers.
(6) NHS England may, with the consent of the Secretary of State, carry out other activities relating to—
(a) education and training for health care workers;
(b) the provision of information and advice on careers in the health service.
(7) After section 63(6) of the Health Services and Public Health Act 1968 insert—
(6A) The Secretary of State may make such other payments as the Secretary of State considers appropriate to persons availing themselves of such instruction in England.
(6B) The Secretary of State may make a payment under subsection (6)(b) or (6A) subject to such terms and conditions as the Secretary of State decides; and the Secretary of State's power to make such a payment includes power to suspend or terminate the payment, or to require repayment, in such circumstances as the Secretary of State decides.
(8) The power of the Secretary of State under section 63(6) or (6A) of the Health Services and Public Health Act 1968 is exercisable concurrently with NHS England; but, in exercising the power, NHS England must have regard to any guidance or other information issued by the Secretary of State about its exercise.
(9) “Health care workers” means persons in relation to whom NHS England’s duty under section 1F(1) of the National Health Service Act 2006 is to be performed.
98 Ensuring sufficient skilled health care workers for the health service
(1) NHS England must exercise its functions under this Chapter with a view to ensuring that a sufficient number of persons with the skills and training to work as health care workers for the purposes of the health service is available to do so throughout England.
(2) Regulations may provide that the duty under subsection (1) may only be performed, or may not be performed, in relation to persons of a specified description.
99 Quality improvement in education and training, etc.
(1) NHS England must exercise its functions under this Chapter with a view to securing continuous improvement—
(a) in the quality of education and training provided for health care workers;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) NHS England must exercise its functions under this Chapter with a view to securing that education and training for health care workers is provided in a way which promotes the NHS Constitution.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) “NHS Constitution” has the meaning given by section 1(1) of the Health Act 2009.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Secretary of State must publish a document (called the “Education Outcomes Framework”) setting outcomes for NHS England to achieve in relation to the education and training to be provided for health care workers.
(2A) In setting those outcomes, the Secretary of State must have regard to any objectives that are specified in the mandate published under section 13A of the National Health Service Act 2006 and that relate to the education and training of health care workers.
(3) The Secretary of State—
(a) may revise a document published under subsection ... (2), and
(b) if the Secretary of State does so, must publish it as revised.
(4) NHS England must publish a document which—
(a) specifies—
(i) the objectives and priorities that NHS England has set, for the period specified in the document, for the planning and delivery of education and training for health care workers, and
(ii) how it proposes to achieve those objectives,
(b) specifies—
(i) the outcomes that NHS England expects to achieve in relation to the education and training of health care workers during that period having regard to those objectives and priorities, and
(ii) how it proposes to achieve those outcomes, and
(c) specifies how NHS England proposes to achieve the outcomes set by the Secretary of State in accordance with subsection (2).
(5) In performing the duty under subsection (4), NHS England must have regard, in particular, to its objectives in the longer term in relation to the planning and delivery of education and training to health care workers.
(6) NHS England must ensure that the objectives, priorities and outcomes specified for the purposes of subsection (4)(a) and (b) are consistent with those specified for the purposes of subsection (2) and any objectives specified for it in the mandate published under section 13A of the National Health Service Act 2006 that relate to the education and training of health care workers .
(7) A document under subsection (4) may specify different periods in relation to different categories of health care worker.
(8) NHS England must, before the end of 12 months beginning with the date on which a document under subsection (4) is published—
(a) review the document, and,
(b) if NHS England revises it, publish it as revised.
(9) NHS England may perform the duty under subsection (4) by publishing two or more documents which, taken together, comply with that subsection.
(10) NHS England must seek to achieve the objectives and outcomes and to reflect the priorities specified in any document—
(a) published by the Secretary of State under subsection ... (2) or (3);
(b) published by NHS England under subsection (4) or (8).
101 Sections 98 and 100: matters to which NHS England must have regard
(1) In performing the duty under section 98(1) (ensuring sufficient skilled workers for the health service) or the duty under section 100(4) (setting objectives, priorities and outcomes for education and training), NHS England must have regard to the following matters in particular—
(a) the likely future demand for health services and for persons with the skills and training to work as health care workers for the purposes of the health service,
(b) the sustainability of the supply of persons with the skills and training to work as such,
(c) the priorities that providers of health services have for the education and training of persons wishing to work as such,
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the objectives of the Secretary of State in exercising public health functions (as defined by section 1H of that Act),
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) documents published by the Secretary of State under section 100(2) or (3),
(h) the desirability of promoting the integration of health provision with health-related provision and care and support provision,
(i) the desirability of enabling health care workers to switch between different posts relating to health provision, health-related provision or care and support provision, and
(j) such other matters as regulations may specify.
(2) In subsection (1)—
“health provision”, “health-related provision” and “care and support provision” each have the same meaning as in section 3;
“health services” means health services provided as part of the health service.
(1) NHS England must make arrangements for obtaining advice on the exercise of its functions under this Chapter from persons who are involved in, or who NHS England thinks otherwise have an interest in, the provision of education and training for health care workers.
(2) NHS England must seek to ensure that it receives representations from the following, in particular, under the arrangements it makes under subsection (1)—
(a) persons who provide health services;
(b) persons to whom health services are provided;
(c) carers for persons to whom health services are provided;
(d) health care workers;
(e) bodies which regulate health care workers;
(f) persons who provide, or contribute to the provision of, education and training for health care workers.
(3) NHS England may perform a duty under subsection (2) by seeking to ensure that it receives representations from organisations which represent the persons referred to in the paragraph in question.
(4) NHS England must advise the Secretary of State on such matters relating to its functions under this Chapter as the Secretary of State may request; and a request under this subsection may specify how and when the advice is to be provided.
(5) “Carer” means an adult who provides or intends to provide care for another person.
(1) The Secretary of State may specify a tariff setting approved prices in respect of education and training.
(2) The approved prices may be different for different descriptions of education and training (and may in particular be different for different areas).
(3) A tariff specified under subsection (1) must be published.
(4) If a tariff is specified under subsection (1), the Secretary of State may also specify a procedure for varying the approved prices in particular cases or descriptions of cases.
(5) If the Secretary of State does so, the procedure—
(a) must be published, and
(b) must require a price as varied under the procedure to be published.
(6) A published tariff or variation procedure may be revised or revoked by the Secretary of State.
(7) If a tariff or variation procedure is revised, the Secretary of State must publish it as revised.
(8) If it is revoked, the Secretary of State must publish a statement to that effect.
(9) Where a tariff sets an approved price for a particular description of education or training, payments made by ... NHS England in respect of the provision of that description of education or training must be made—
(a) by reference to the approved price, or
(b) where the approved price has been varied in accordance with a variation procedure that has effect in relation to it, by reference to the price as varied.
(1) There is to be a body corporate called the Health Research Authority (referred to in this Act as “the HRA”).
(2) Schedule 7 (which includes provision about the HRA's constitution, the exercise of its functions and its financial and reporting duties) has effect.
(3) The Special Health Authority called the Health Research Authority is abolished; and, in consequence of that, the following are revoked—
(a) the Health Research Authority (Establishment and Constitution) Order 2011 (S.I. 2011/2323), and
(b) the Health Research Authority Regulations 2011 (S.I. 2011/2341).
(4) The Secretary of State may by order provide for the transfer of property, rights and liabilities from that Special Health Authority to the HRA; for further provision about an order under this section, see section 118.
(1) The main functions of the HRA are—
(a) functions relating to the co-ordination and standardisation of practice relating to the regulation of health and social care research (see section 111);
(b) functions relating to research ethics committees (see sections 112 to 115);
(c) functions as a member of the United Kingdom Ethics Committee Authority (see section 116 and the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031));
(d) functions relating to approvals for processing confidential information relating to patients (see section 117 and the Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438)).
(2) The main objective of the HRA in exercising its functions is—
(a) to protect participants and potential participants in health or social care research and the general public by encouraging research that is safe and ethical, and
(b) to promote the interests of those participants and potential participants and the general public by facilitating the conduct of research that is safe and ethical (including by promoting transparency in research).
(3) Health research is research into matters relating to people's physical or mental health; but a reference to health research does not include a reference to anything authorised under the Animals (Scientific Procedures) Act 1986.
(4) Social care research is research into matters relating to personal care or other practical assistance for individuals aged 18 or over who are in need of care or assistance because of age, physical or mental illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or other similar circumstances; and “illness” has the meaning given by section 275(1) of the National Health Service Act 2006.
(5) A reference to health or social care research does not include a reference to research into matters which are within the legislative competence of a devolved legislature.
(6) A reference to research that is ethical is a reference to research that conforms to generally accepted ethical standards.
(7) Promoting transparency in research includes promoting—
(a) the registration of research;
(b) the publication and dissemination of research findings and conclusions;
(c) the provision of access to data on which research findings or conclusions are based;
(d) the provision of information at the end of research to participants in the research;
(e) the provision of access to tissue used in research, for use in future research.
(8) The Secretary of State may by order amend subsection (1) in consequence of—
(a) functions being given to the HRA,
(b) functions being taken away from the HRA, or
(c) changes to the description of functions that the HRA has for the time being.
111 Co-ordinating and promoting regulatory practice etc.
(1) The HRA and each of the following must co-operate with each other in the exercise of their respective functions relating to health or social care research, with a view to co-ordinating and standardising practice relating to the regulation of such research—
(a) the Secretary of State;
(b) the licensing authority for the purposes of the Medicines Act 1968;
(c) NHS England, but only insofar as its functions relating to health or social care research are relevant data functions (as defined by section 253(3) of the Health and Social Care Act 2012);
(d) the Chief Medical Officer of the Department of Health and Social Care;
(e) the Human Fertilisation and Embryology Authority;
(f) the Human Tissue Authority;
(g) the Care Quality Commission;
(h) the Administration of Radioactive Substances Advisory Committee;
(i) such person, or a person of such description, as regulations may specify.
(2) In performing the duty under subsection (1), a person must have regard to the need—
(a) to protect participants and potential participants in health or social care research and the general public by encouraging research that is safe and ethical, and
(b) to promote the interests of those participants and potential participants and the general public by facilitating the conduct of such research.
(3) The HRA must promote the co-ordination and standardisation of practice in the United Kingdom relating to the regulation of health and social care research; and it must, in doing so, seek to ensure that such regulation is proportionate.
(4) The HRA and each devolved authority must co-operate with each other in the exercise of their respective functions relating to the regulation of assessments of the ethics of health and social care research, with a view to co-ordinating and standardising practice in the United Kingdom relating to such regulation.
(5) The HRA must—
(a) keep under review matters relating to the ethics of health or social care research and matters relating to the regulation of such research, and
(b) provide the Secretary of State with such advice about the matters referred to in paragraph (a) as the Secretary of State requests.
(6) The HRA must publish guidance on—
(a) principles of good practice in the management and conduct of health and social care research;
(b) requirements, whether imposed by enactments or otherwise, to which persons conducting health or social care research are subject.
(7) A local authority (within the meaning of Part 1), an NHS trust established under section 25 of the National Health Service Act 2006 and an NHS foundation trust must each have regard to guidance under subsection (6).
(8) The ways in which persons may co-operate with each other under subsection (1) or (4) include, for example, by sharing information.
(9) Section 290 of the Health and Social Care Act 2012 (duties for health and social care authorities to co-operate), so far as applying to a person who is for the time being within subsection (1), does not apply to functions of that person relating to health or social care research.
(10) Section 110(5) (exclusion of research into matters within devolved competence) does not apply to the reference in subsection (1) or (4) to health and social care research.
112 The HRA's policy on research ethics committees
(1) The HRA must ensure that research ethics committees it recognises or establishes under this Chapter provide an efficient and effective means of assessing the ethics of health and social care research.
(2) A research ethics committee is a group of persons which assesses the ethics of research involving individuals; and the ways in which health or social care research might involve individuals include, for example—
(a) by obtaining information from them;
(b) by obtaining bodily tissue or fluid from them;
(c) by using information, tissue or fluid obtained from them on a previous occasion;
(d) by requiring them to undergo a test or other process (including xenotransplantation).
(3) For the purposes of subsection (1), the HRA—
(a) must publish a document (called “the REC policy document”) which specifies the requirements which it expects research ethics committees it recognises or establishes under this Chapter to comply with, and
(b) must monitor their compliance with those requirements.
(4) The HRA may do such other things in relation to research ethics committees it recognises or establishes under this Chapter as it considers appropriate; it may, for example—
(a) co-ordinate their work;
(b) allocate work to them;
(c) develop and maintain training programmes designed to ensure that their members and staff can carry out their work effectively;
(d) provide them with advice and help (including help in the form of financial assistance).
(5) The requirements in the REC policy document may, for example, relate to—
(a) membership;
(b) proceedings;
(c) staff;
(d) accommodation and facilities;
(e) expenses;
(f) objectives and functions;
(g) accountability;
(h) procedures for challenging decisions.
(6) The HRA must ensure that the requirements imposed on research ethics committees in the REC policy document do not conflict with the requirements imposed on them by the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031).
(7) Before publishing the REC policy document, the HRA must consult—
(a) the devolved authorities, and
(b) such other persons as it considers appropriate.
(8) The HRA may revise the REC policy document and, where it does so, it must publish the document as revised; subsection (7) applies to a revised policy document in so far as the HRA considers the revisions significant.
(9) The HRA must indemnify the members of each research ethics committee it recognises or establishes under this Chapter against any liability to a third party for loss, damage or injury arising from the committee's exercise of its functions in assessing the ethics of health or social care research.
(1) The HRA must publish guidance about—
(a) the cases in which, in its opinion, good practice requires a person proposing to conduct health or social care research that involves individuals to obtain the approval of a research ethics committee recognised or established by the HRA under this Chapter, and
(b) the cases in which an enactment requires a person proposing to conduct research of that kind to obtain that approval.
(2) Before publishing guidance under subsection (1), the HRA must—
(a) consult the devolved authorities and such other persons as the HRA considers appropriate, and
(b) obtain the approval of the Secretary of State.
(3) The HRA may revise guidance under subsection (1) and, where it does so, it must publish the guidance as revised; subsection (2) applies to revised guidance in so far as the HRA considers the revisions significant.
(4) Schedule 8 (which amends various references to research ethics committees in secondary legislation) has effect.
(1) The HRA may, on an application made by or on behalf of a group of persons, recognise the group as a research ethics committee which is capable of—
(a) approving research of the kind referred to in section 113(1), and
(b) giving such other approvals as enactments require.
(2) The HRA may not recognise a group under this section unless it is satisfied that—
(a) the group will, if recognised, comply with the requirements set out in the REC policy document, and
(b) there is or will be a demand for such a group.
(3) In deciding whether to recognise a group under this section, the HRA must have regard to whether the group is recognised as a research ethics committee by or on behalf of a devolved authority.
(4) The HRA may do anything (including providing financial assistance) to help a group wishing to be recognised under this section to reach a position from which it should be able to make an application for recognition under this section that is likely to succeed.
(5) The HRA may revoke a recognition under this section if it is satisfied that—
(a) the group to which the recognition applies is not complying with the requirements specified in the REC policy document,
(b) the group is not (or is not properly) carrying out its function of assessing the ethical aspects of research, or
(c) revocation is necessary or desirable for some other reason.
(6) A group in existence immediately before the commencement of section 109, and established or recognised by or on behalf of the old Health Research Authority, or by or on behalf of the Secretary of State, as a research ethics committee which assesses health or social care research is to be regarded as recognised by the HRA under this section.
(7) The reference in subsection (6) to the old Health Research Authority is a reference to the Special Health Authority called the Health Research Authority (and abolished by section 109).
(1) The HRA may establish research ethics committees which have the following functions—
(a) approving research of the kind referred to in section 113(1);
(b) giving such other approvals as enactments require.
(2) The HRA must ensure that a research ethics committee established under this section complies with the requirements set out in the REC policy document.
(3) The HRA may abolish a research ethics committee established under this section.
116 Membership of the United Kingdom Ethics Committee Authority
In regulation 5 of the Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031) (United Kingdom Ethics Committee Authority)—
(a) in paragraphs (1), (2) and (3), for “the Secretary of State for Health”, in each place it appears, substitute “ the Health Research Authority ”, and
(b) in paragraph (2), for “the Secretary of State” substitute “ the Health Research Authority ”.
117 Approval for processing confidential patient information
(1) The Health Service (Control of Patient Information) Regulations 2002 (S.I. 2002/1438) are amended as follows.
(2) In regulation 5 (the title to which becomes “ Approval for processing information ”)—
(a) the existing text becomes paragraph (1), and
(b) in sub-paragraph (a) of that paragraph, for “both the Secretary of State and a research ethics committee” substitute “ the Health Research Authority ”.
(3) After paragraph (1) of that regulation insert—
(2) The Health Research Authority may not give an approval under paragraph (1)(a) unless a research ethics committee has approved the medical research concerned.
(4) After paragraph (2) of that regulation insert—
(3) The Health Research Authority shall put in place and operate a system for reviewing decisions it makes under paragraph (1)(a).
(5) In regulation 6 (registration requirements in relation to information), in paragraph (1)—
(a) before “the Secretary of State” insert “ the Health Research Authority or ”, and
(b) before “he” insert “ it or ”.
(6) In paragraph (2)(d) of that regulation, before “the Secretary of State” insert “ the Health Research Authority or (as the case may be) ”.
(7) In paragraph (3) of that regulation, for the words from the beginning to “in the register” substitute “ The Health Research Authority shall retain the particulars of each entry it records in the register, and the Secretary of State shall retain the particulars of each entry he records in the register, ”.
(8) For paragraph (4) of that regulation substitute—
(4) The Health Research Authority shall, in such manner and to such extent as it considers appropriate, publish entries it records in the register; and the Secretary of State shall, in such manner and to such extent as he considers appropriate, publish entries he records in the register.
(1) An order under ... section 109 (establishment of the Health Research Authority) (a “transfer order”) may make provision for rights and liabilities relating to an individual's contract of employment.
(2) A transfer order may, in particular, make provision the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
(3) A transfer order may provide for the transfer of property, rights or liabilities—
(a) whether or not they would otherwise be capable of being transferred;
(b) irrespective of any requirement for consent that would otherwise apply.
(4) A transfer order may create rights, or impose liabilities, in relation to property, rights or liabilities transferred.
(5) A transfer order may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be—
(a) treated as done by or in relation to the transferee or its employees;
(b) continued by or in relation to the transferee or its employees.
(6) A transfer order may in particular make provision about continuation of legal proceedings.
119 Chapters 1 and 2: interpretation and supplementary provision
(1) For the purposes of Chapters 1 and 2, an expression in the first column of the following table is defined or otherwise explained by the provision of this Act specified in the second column.
Expression | Provision
. . . | . . .
. . . | . . .
Devolved authority | Section 126
Devolved legislature | Section 126
Direct or direction | Subsection (2) below
Enactment | Section 126
Financial year | Section 126
Health care workers | Section 97
Health research | Section 110
The health service | Section 126
Health services | Section 99
. . . | . . .
The HRA | Section 109
. . . | . . .
Social care research | Section 110
(2) A power under Chapter 1 or 2 to give a direction—
(a) includes a power to vary or revoke the direction by a subsequent direction, and
(b) must be exercised by giving the direction in question in writing.
(3) The amendments made by sections 116 and 117 and Schedule 8 to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.
(1) In section 65O of the National Health Service Act 2006 (Chapter 5A of Part 2: interpretation) (the existing text of which becomes subsection (1)) at the end insert—
(2) The references in this Chapter to taking action in relation to an NHS trust include a reference to taking action, including in relation to another NHS trust or an NHS foundation trust, which is necessary for and consequential on action taken in relation to that NHS trust.
(3) The references in this Chapter to taking action in relation to an NHS foundation trust include a reference to taking action, including in relation to another NHS foundation trust or an NHS trust, which is necessary for and consequential on action taken in relation to that NHS foundation trust.
(2) In section 65F of that Act (administrator's draft report), in subsection (1), for “45 working days” substitute “ 65 working days ”.
(3) In subsection (5)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute
—
(i) would achieve the objective set out in section 65DA(1)(a), and
(ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,
.
(4) After subsection (7) of that section insert—
(8) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (5) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.
(9) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (5) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(10) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.
(5) In section 65G of that Act (consultation plan), in subsection (2), for “30 working days” substitute “ 40 working days ”.
(6) In subsection (4)(a) of that section, for “would achieve the objective set out in section 65DA(1)(a)” substitute
—
(i) would achieve the objective set out in section 65DA(1)(a), and
(ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust or NHS trust that provides services under this Act to the commissioner,
.
(7) After subsection (6) of that section insert—
(7) Where the administrator recommends taking action in relation to another NHS foundation trust or an NHS trust, the references in subsection (4) to a commissioner also include a reference to a person to which the other NHS foundation trust or the NHS trust provides services under this Act that would be affected by the action.”
(8) A service provided by an NHS foundation trust or an NHS trust is an essential service for the purposes of subsection (4) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(9) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.
(8) In section 65H of that Act (consultation requirements), in subsection (4)—
(a) after “trust special administrator must” insert
—
(a)
, and
(b) at the end insert
, and
(b) in the case of each affected trust, hold at least one meeting to seek responses from staff of the trust and from such persons as the trust special administrator may recognise as representing staff of the trust.
(9) In subsection (7) of that section, after paragraph (b) (but before paragraph (ba) inserted by section 85(10)(a) of this Act) insert—
(bza) any affected trust;
(bzb) any person to which an affected trust provides goods or services under this Act that would be affected by the action recommended in the draft report;
(bzc) any local authority in whose area the trust provides goods or services under this Act;
(bzd) any local authority in whose area an affected trust provides goods or services under this Act;
(bze) any Local Healthwatch organisation for the area of a local authority mentioned in paragraph (bzc) or (bzd);
.
(10) In subsection (8) of that section, omit paragraph (e).
(11) In subsection (9) of that section—
(a) after “trust special administrator must” insert
—
(a)
,
(b) after “subsection (7)(b),” (but before the insertion made by section 85(10)(b) of this Act) insert “ (bzb), ”, and
(c) at the end insert—
(b) hold at least one meeting to seek responses from representatives of each of the trusts from which the administrator must request a written response under subsection (7)(bza), and
(c) hold at least one meeting to seek responses from representatives of each of the local authorities and Local Healthwatch organisations from which the administrator must request a written response under subsection (7)(bzc), (bzd) and (bze).
(12) After subsection (11) of that section, insert—
(11A) In this section, “affected trust” means—
(a) where the trust in question is an NHS trust, another NHS trust, or an NHS foundation trust, which provides goods or services under this Act that would be affected by the action recommended in the draft report;
(b) where the trust in question is an NHS foundation trust, another NHS foundation trust, or an NHS trust, which provides services under this Act that would be affected by the action recommended in the draft report.
(11B) In this section, a reference to a local authority includes a reference to the council of a district only where the district is comprised in an area for which there is no county council.
(13) In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “ , (bzb), (bzc) and (bzd) ”.
(14) In section 65N of that Act (guidance), after subsection (1) insert—
(1A) It must, in so far as it applies to NHS trusts, include guidance about—
(a) seeking the support of commissioners for an administrator's recommendation;
(b) involving the Board in relation to finalising an administrator's report or draft report.
(15) In section 13Q of that Act (public involvement and consultation by NHS Commissioning Board), at the end insert—
(4) This section does not require the Board to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).
(16) In section 14Z2 of that Act (public involvement and consultation by clinical commissioning groups), at the end insert—
(7) This section does not require a clinical commissioning group to make arrangements in relation to matters to which a trust special administrator's report or draft report under section 65F or 65I relates before the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be).
(17) In section 242 of that Act (public involvement and consultation by NHS trusts and foundation trusts), in subsection (6)—
(a) for “65I, 65R or 65U” substitute “ or 65I ”, and
(b) for the words from “the decision” to the end substitute “ the Secretary of State makes a decision under section 65K(1), is satisfied as mentioned in section 65KB(1) or 65KD(1) or makes a decision under section 65KD(9) (as the case may be). ”
(18) In Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments)—
(a) after paragraph 4 insert—
4A In section 13Q(4) (public involvement and consultation by Board), omit “makes a decision under section 65K(1),”.
4B In section 14Z2 (public involvement and consultation by clinical commissioning groups), omit “makes a decision under section 65K(1),”.
,
(b) in paragraph 15(4), in the new subsection (2A) to be inserted into section 65F of the National Health Service Act 2006, in paragraph (a), for “would achieve the objective set out in section 65DA(1)(a)” substitute
—
(i) would achieve the objective set out in section 65DA(1)(a), and
(ii) would do so without harming essential services provided for the purposes of the NHS by any other NHS foundation trust that provides services under this Act to the commissioner,
,
(c) in paragraph 15(4), after the new subsection (2C) to be inserted into that section, insert—
(2D) Where the administrator recommends taking action in relation to another NHS foundation trust, the references in subsection (2A) to a commissioner also include a reference to a person to which the other NHS foundation trust provides services under this Act that would be affected by the action.
(2E) A service provided by an NHS foundation trust is an essential service for the purposes of subsection (2A) if the person making the statement in question is satisfied that the criterion in section 65DA(3) is met.
(2F) Section 65DA(4) applies to the person making the statement when that person is determining whether that criterion is met.
,
(d) in paragraph 15, after sub-paragraph (7) insert—
(8) Omit subsections (8) to (10).
,
(e) in paragraph 16 (the text of which becomes sub-paragraph (1)) at the end insert—
(2) In subsection (4)(a)(ii) of that section, omit “or NHS trust”.
(3) In subsection (7) of that section, omit “or an NHS trust” and “or the NHS trust”.
(4) In subsection (8) of that section, omit “or an NHS trust”.
,
(f) in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute “ paragraphs (b), (bzb), (bzc) and (bzd) ”,
(g) in that paragraph, after sub-paragraph (4) insert—
(4A) In subsection (11A)—
(a) omit paragraph (a), and
(b) in paragraph (b), omit “where the trust in question is an NHS foundation trust,” and “, or an NHS trust,”.
,
(h) in paragraph 24, after sub-paragraph (2) insert—
(2A) Omit subsection (1A).
,
(i) after that paragraph insert—
24A In section 65O (interpretation)—
(a) omit subsection (2), and
(b) in subsection (3), omit “or an NHS trust”.
, and
(j) in paragraph 35, omit the “and” preceding paragraph (d) and after that paragraph insert
, and
(e) in subsection (6), omit “makes a decision under section 65K(1),”.
121 Integration of care and support with health services etc: integration fund
(1) At the end of section 223B of the National Health Service Act 2006 (funding of the National Health Service Commissioning Board) insert—
(6) Where the mandate specifies objectives relating to service integration, the requirements that may be specified under section 13A(2)(b) include such requirements relating to the use by the Board of an amount of the sums paid to it under this section as the Secretary of State considers it necessary or expedient to impose.
(7) The amount referred to in subsection (6)—
(a) is to be determined in such manner as the Secretary of State considers appropriate, and
(b) must be specified in the mandate.
(8) The reference in subsection (6) to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z1.
(2) After section 223G of that Act (meeting expenditure of clinical commissioning groups out of public funds) insert—
Expenditure on integration
223GA (1) Where the mandate includes a requirement in reliance on section 223B(6) (requirements relating to use by the Board of an amount paid to the Board where mandate specifies service integration objectives), the Board may direct a clinical commissioning group that an amount (a “designated amount”) of the sums paid to the group under section 223G is to be used for purposes relating to service integration.
(2) The designated amount is to be determined—
(a) where the mandate includes a requirement (in reliance on section 223B(6)) that designated amounts are to be determined by the Board in a manner specified in the mandate, in that manner;
(b) in any other case, in such manner as the Board considers appropriate.
(3) The conditions under section 223G(7) subject to which the payment of a designated amount is made must include a condition that the group transfers the amount into one or more funds (“pooled funds”) established under arrangements under section 75(2)(a) (“pooling arrangements”).
(4) The conditions may also include—
(a) conditions relating to the preparation and agreement by the group and each local authority and other clinical commissioning group that is party to the pooling arrangements of a plan for how to use the designated amount (a “spending plan”);
(b) conditions relating to the approval of a spending plan by the Board;
(c) conditions relating to the inclusion of performance objectives in a spending plan;
(d) conditions relating to the meeting of any performance objectives included in a spending plan or specified by the Board.
(5) Where a condition subject to which the payment of a designated amount is made is not met, the Board may—
(a) withhold the payment (in so far as it has not been made);
(b) recover the payment (in so far as it has been made);
(c) direct the clinical commissioning group as to the use of the designated amount for purposes relating to service integration or for making payments under section 256.
(6) Where the Board withholds or recovers a payment under subsection (5)(a) or (b)—
(a) it may use the amount for purposes consistent with such objectives and requirements relating to service integration as are specified in the mandate, and
(b) in so far as the exercise of the power under paragraph (a) involves making a payment to a different clinical commissioning group or some other person, the making of the payment is subject to such conditions as the Board may determine.
(7) The requirements that may be specified in the mandate in reliance on section 223B(6) include requirements to consult the Secretary of State or other specified persons before exercising a power under subsection (5) or (6).
(8) The power under subsection (5)(b) to recover a payment may be exercised in a financial year after the one in respect of which the payment was made.
(9) The payments that may be made out of a pooled fund into which a designated amount is transferred include payments to a local authority which is not party to the pooling arrangements in question in connection with the exercise of its functions under Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (disabilities facilities grants).
(10) In exercising a power under this section, the Board must have regard to the extent to which there is a need for the provision of each of the following—
(a) health services (see subsection (12)),
(b) health-related services (within the meaning given in section 14Z1), and
(c) social care services (within the meaning given in that section).
(11) A reference in this section to service integration is a reference to the integration of the provision of health services with the provision of health-related services or social care services, as referred to in sections 13N and 14Z1.
(12) “Health services” means services provided as part of the health service in England.
.
122 The Health and Social Care Information Centre: restrictions on dissemination of information
(1) Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social Care Information Centre) is amended as follows.
(2) In section 253(1) (general duties), after paragraph (c) (but before the “and” after it) insert—
(ca) the need to respect and promote the privacy of recipients of health services and of adult social care in England,
.
(3) In section 261 (other dissemination of information), after subsection (1) insert—
(1A) But the Information Centre may do so only if it considers that disseminating the information would be for the purposes of—
(a) the provision of health care or adult social care, or
(b) the promotion of health.
(4) After section 262 insert—
Publication and other dissemination: supplementary
262A In exercising any function under this Act of publishing or otherwise disseminating information, the Information Centre must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc).
(1) The Secretary of State may by order make provision in consequence of a provision of this Act.
(2) An order under this section may amend, repeal, or revoke an enactment, or provide for an enactment to apply with specified modifications.
(3) The power conferred by this section is not restricted by any other provision of this Act.
(4) A saving or a transitional or transitory provision in an order under this section by virtue of section 125(8) may, in particular, modify the application of a provision made by the order pending the commencement of—
(a) another provision of the order,
(b) a provision of this Act, or
(c) any other enactment.
(5) Before making an order under this section that contains provision which is within the legislative competence of a devolved legislature, the Secretary of State must consult the relevant devolved authority.
(6) A reference to an enactment includes a reference to an enactment passed or made after the passing of this Act.
(1) The Secretary of State may by order make transitional, transitory or saving provision in connection with the commencement of a provision of this Act.
(2) An order under this section may modify the application of a provision of this Act pending the commencement of—
(a) another provision of this Act, or
(b) any other enactment (including one passed or made after the passing of this Act).
(1) A power to make regulations under this Act is exercisable by the Secretary of State.
(2) Regulations and orders under this Act must be made by statutory instrument.
(3) Subject to subsections (4) and (6), a statutory instrument containing regulations or an order under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
(a) regulations under section 13(7) (the eligibility criteria);
(b) regulations under section 15(4) (the cap on care costs) other than those made in discharge of the duty under section 16(1);
(c) the first regulations under section 15(8) (the amount attributable to an adult's daily living costs);
(d) regulations under section 22(2)(b) (services or facilities which a local authority may not provide or arrange);
(e) regulations under section 35(9) or 36(3) (deferred payment agreements and loans and alternative financial arrangements) which include provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
(f) the first regulations under section 52(12) (meaning of references to business failure);
(g) the first regulations under section 53(1) (criteria for application of market oversight regime);
(h) the first regulations under section 53(4) (disapplication of market oversight regime in particular cases);
(i) the first regulations under section 62(2) (exercise of power to meet child's carer's needs for support);
(j) the first regulations under section 72 (Part 1 appeals);
(k) subsequent regulations under that section which include provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
(ka) regulations under section 72A(6) (modification of enactments where local authority functions are exercised by the Secretary of State or a nominee);
(l) an order under section 79(9) (delegation of local authority functions);
(m) regulations under section 92 (offence of supplying etc false or misleading information);
(n) an order under section 123 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;
(o) regulations under paragraph 18 of Schedule 7 (fees chargeable by the HRA).
(5) Subsection (4) does not apply to a statutory instrument which contains regulations or an order within paragraph (e), (k) or (n) of that subsection, if the regulations or order are within the paragraph in question only because they include provision that applies an Act of Parliament with modifications for the purpose of making saving, transitional or transitory provision.
(6) Subsection (3) does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order under section 109 (transfer order to new HRA);
(c) an order under section 124 (transitional etc. provision);
(d) an order under section 127 (commencement).
(7) A power to make regulations or an order under this Act—
(a) may be exercised for all cases to which the power applies, for those cases subject to specified exceptions, or for any specified cases or descriptions of case,
(b) may be exercised so as to make, for the cases for which it is exercised—
(i) the full provision to which the power applies or any less provision (whether by way of exception or otherwise);
(ii) the same provision for all cases for which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act;
(iii) any such provision either unconditionally or subject to specified conditions, and
(c) may, in particular, make different provision for different areas.
(8) A power to make regulations or an order under this Act (other than the power to make an order under section 124 or 127) includes —
(a) power to make incidental, supplementary, consequential, saving, transitional or transitory provision, and
(b) power to provide for a person to exercise a discretion in dealing with a matter.
(9) Before making regulations under section 52(12) (meaning of references to business failure), the Secretary of State must consult the Welsh Ministers and the Department for Health, Social Services and Public Safety in Northern Ireland.
In this Act—
“devolved authority” means the Scottish Ministers, the Welsh Ministers or the Department for Health, Social Services and Public Safety in Northern Ireland,
“devolved legislature” means the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly,
“enactment” includes—
an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), and
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation,
“financial year” means a period of 12 months ending with 31 March (but see also the definition of that expression in paragraph 3 of Schedule 2... and paragraph 19 of Schedule 7), and
“the health service” means the comprehensive health service in England continued under section 1(1) of the National Health Service Act 2006.
(1) The provisions of Parts 1 to 4 come into force on such day as the Secretary of State may by order appoint.
(2) The provisions of this Part come into force on the day on which this Act is passed.
(3) Before making an order under this section bringing section 50 (provider failure: temporary duty on local authority in Wales in cross-border cases) or 75 (after-care under the Mental Health Act 1983) into force, the Secretary of State must obtain the consent of the Welsh Ministers.
(4) Before making an order under this section bringing section 51 (provider failure: temporary duty on Health and Social Care trusts in cross-border cases) into force, the Secretary of State must obtain the consent of the Department for Health, Social Services and Public Safety in Northern Ireland.
(5) Different days may be appointed under subsection (1) for different purposes (including different areas).
(1) This Act extends to England and Wales only, subject to subsections (2) and (3).
(2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment being amended, repealed or revoked, other than the amendment made by section 66(3) which extends to England and Wales only.
(3) The following also extend to Scotland and Northern Ireland—
(a) section 39(8) and Schedule 1 (cross-border placements);
(b) sections 49 to 52 (provider failure: temporary duty in relation to cross-border cases);
(c) section 73 (Human Rights Act 1998: provision of regulated care or support etc a public function);
(d) Chapter 2 of Part 3 (the HRA);
(e) section 118 (transfer orders), so far as relating to section 109 (the HRA);
(f) section 119 (Chapters 1 and 2 of Part 3: interpretation and supplementary provision);
(g) this Part;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified.