Change 1 Article Choose an article Title and introductory text 1 Secretary of State's duty to promote comprehensive health service 2 The Secretary of State's duty as to improvement in quality of services 3 The Secretary of State's duty as to the NHS Constitution 4 The Secretary of State's duty as to reducing inequalities 5 The Secretary of State's duty as to promoting autonomy 6 The Secretary of State's duty as to research 7 The Secretary of State's duty as to education and training 8 Secretary of State's duty as to reporting on and reviewing treatment of providers 9 The NHS Commissioning Board 10 Clinical commissioning groups 11 The Secretary of State's duty as to protection of public health 12 Duties as to improvement of public health 13 Duties of clinical commissioning groups as to commissioning certain health services 14 Power of clinical commissioning groups as to commissioning certain health services 15 Power to require Board to commission certain health services 16 Secure psychiatric services 17 Other services etc. provided as part of the health service 18 Regulations as to the exercise by local authorities of certain public health functions 19 Regulations relating to EU obligations 20 Regulations as to the exercise of functions by the Board or clinical commissioning groups 21 Functions of Special Health Authorities 22 Exercise of public health functions of the Secretary of State 23 The NHS Commissioning Board: further provision 24 Financial arrangements for the Board 25 Clinical commissioning groups: establishment etc. 26 Clinical commissioning groups: general duties etc. 27 Financial arrangements for clinical commissioning groups 28 Requirement for primary medical services provider to belong to clinical commissioning group 29 Other health service functions of local authorities under the 2006 Act 30 Appointment of directors of public health 31 Exercise of public health functions of local authorities 32 Complaints about exercise of public health functions by local authorities 33 Abolition of Strategic Health Authorities 34 Abolition of Primary Care Trusts 35 Fluoridation of water supplies 36 Procedural requirements in connection with fluoridation of water supplies 37 Fluoridation of water supplies: transitional provision 38 Approval functions 39 Discharge of patients 40 After-care 41 Provision of pocket money for in-patients 42 Transfers to and from special hospitals 43 Independent mental health advocates 44 Patients' correspondence 45 Notification of hospitals having arrangements for special cases 46 Role of the Board and clinical commissioning groups in respect of emergencies 47 Secretary of State's emergency powers 48 New Special Health Authorities 49 Primary care services: directions as to exercise of functions 50 Charges in respect of certain public health functions 51 Pharmaceutical services expenditure 52 Secretary of State's duty to keep health service functions under review 53 Secretary of State's annual report 54 Certification of death 55 Amendments related to Part 1 and transitional provision 56 Abolition of Health Protection Agency 57 Functions in relation to biological substances 58 Radiation protection functions 59 Repeal of AIDS (Control) Act 1987 60 Co-operation with bodies exercising functions in relation to public health 61 Monitor 62 General duties 63 Secretary of State's guidance on duty under section 62(9) 64 General duties: supplementary 65 Power to give Monitor functions relating to adult social care services 66 Matters to have regard to in exercise of functions 67 Conflicts between functions 68 Duty to review regulatory burdens 69 Duty to carry out impact assessments 70 Information 71 Failure to perform functions 72 Functions under the Competition Act 1998 73 Functions under Part 4 of the Enterprise Act 2002 74 Competition functions: supplementary 76 Requirements under section 75: investigations, declarations and directions 77 Requirements under section 75: undertakings 79 Mergers involving NHS foundation trusts 80 Co-operation with the CMA 81 Requirement for health service providers to be licensed 82 Deemed breach of requirement to be licensed 83 Exemption regulations 84 Exemption regulations: supplementary 85 Application for licence 86 Licensing criteria 87 Grant or refusal of licence 87A Application and grant: NHS trusts 88 Application and grant: NHS foundation trusts 89 Revocation of licence 90 Right to make representations 91 Notice of decisions 92 Appeals to the Tribunal 93 Register of licence holders 94 Standard conditions 95 Special conditions 96 Limits on NHS England’s functions to set or modify licence conditions 97 Conditions: supplementary 98 Conditions relating to the continuation of the provision of services etc. 99 Notification of commissioners where continuation of services at risk 100 Modification of standard conditions 101 Modification references to the CMA 102 Modification of conditions by order under other enactments 103 Standard condition as to transparency of certain criteria 104 Power to require documents and information 105 Discretionary requirements 106 Enforcement undertakings 107 Further provision about enforcement powers 108 Guidance as to use of enforcement powers 109 Publication of enforcement action 110 Notification of enforcement action 111 Imposition of licence conditions on NHS foundation trusts 112 Duration of transitional period 113 Orders under section 112: criteria for deciding applicable trusts 114 Repeal of sections 112 and 113 114A The NHS payment scheme 114B The NHS payment scheme: enforcement 114C The NHS payment scheme: impact assessment and consultation 114D Objections to proposed NHS payment scheme 114E Amendments of the NHS payment scheme 114F Interpretation 115 Price payable by commissioners for NHS services 116 The national tariff 117 The national tariff: further provision 118 Consultation on proposals for the national tariff 119 Consultation: further provision 120 Responses to consultation 121 Determination on reference under section 120 122 Changes following determination on reference under section 120 123 Power to veto changes proposed under section 122 124 Local modifications of prices: agreements 125 Local modifications of prices: applications 126 Applications under section 125: notification of commissioners 127 Correction of mistakes 130 Health special administration regulations 131 Transfer schemes 132 Indemnities 133 Modification of this Chapter under Enterprise Act 2002 134 Duty to establish mechanisms for providing financial assistance 138 Power to impose charges on commissioners 140 Power of Secretary of State to set limit on levy and charges 142 Responses to consultation 144 Investment principles and reviews 145 Borrowing 146 Shortfall or excess of available funds, etc. 147 Secretary of State's duty as respects variation in provision of health services 148 Service of documents 149 Electronic communications 150 Interpretation, transitional provision and consequential amendments 151 Governors 152 Directors 153 Members 154 Accounts: initial arrangements 156 Annual report and forward plan 157 Meetings 158 Voting 159 Authorisation 160 Bodies which may apply for foundation trust status 161 Amendment of constitution 162 Panel for advising governors 163 Financial powers etc. 164 Goods and services 165 Private health care 166 Information 167 Significant transactions 168 Mergers 169 Acquisitions 170 Separations 171 Dissolution 172 Supplementary 173 Repeal of de-authorisation provisions 174 Trust special administrators 175 Objective of trust special administration 176 Procedure etc. 177 Action following final report 178 Sections 174 to 177: supplementary 181 Healthwatch England 182 Activities relating to local care services 183 Local authority arrangements 184 Local arrangements: power to make further provision 185 Independent advocacy services 186 Requests, rights of entry and referrals 187 Annual reports 188 Transitional arrangements 189 Consequential provision 190 Scrutiny functions of local authorities 191 Amendments consequential on section 190 192 Joint strategic needs assessments 193 Joint health and wellbeing strategies 194 Establishment of Health and Wellbeing Boards 195 Duty to encourage integrated working 196 Other functions of Health and Wellbeing Boards 197 Participation of NHS England 198 Discharge of functions of Health and Wellbeing Boards 199 Supply of information to Health and Wellbeing Boards 200 Care Trusts 201 Disclosure of reports etc. by the Health Service Commissioner 202 Medical services: minor amendments 203 Persons eligible to enter into general dental services contracts 204 Arrangements under section 107 of the National Health Service Act 2006 205 Payments in respect of costs of sight tests 206 Pharmaceutical needs assessments 207 Control of entry on pharmaceutical lists 208 Lists of performers of pharmaceutical services and assistants etc. 209 Power to regulate social workers etc. in England 210 Training etc. of approved mental health professionals in England 211 Orders regulating social care workers in England: further provision 212 Abolition of the General Social Care Council 213 Regulation of social workers in England 214 The Health and Care Professions Council 215 Functions of the Council in relation to social work in England 216 Appeals in cases involving social workers in England 217 Approval of courses for approved mental health professionals 218 Exercise of function of approving courses, etc. 219 Arrangements with other health or social care regulators 220 References in enactments to registered health professionals, etc. 221 Functions of the Secretary of State in relation to social care workers 222 The Professional Standards Authority for Health and Social Care 223 Functions of the Authority 224 Funding of the Authority 225 Power to advise regulatory bodies, investigate complaints, etc. 226 Accountability and governance 227 Appointments to regulatory bodies 228 Establishment of voluntary registers 229 Accreditation of voluntary registers 230 Consequential provisions and savings, etc. 231 Abolition of the Office of the Health Professions Adjudicator 232 The National Institute for Health and Care Excellence 233 General duties 234 Quality standards 235 Supply of quality standards to other persons 236 Advice or guidance to the Secretary of State or NHS England 237 Advice, guidance, information and recommendations 238 NICE recommendations: appeals 239 Training 240 Advisory services 241 Commissioning guidance 242 NICE's charter 243 Additional functions 244 Arrangements with other bodies 245 Failure by NICE to discharge any of its functions 246 Protection from personal liability 247 Interpretation of this Part 248 Dissolution of predecessor body 249 Consequential and transitional provision 250 Powers to publish information standards 250A Standards relating to information technology 251 ... Procedure etc 251ZA Monitoring compliance 251ZB Notice requesting compliance by relevant IT providers 251ZC Public censure of relevant IT providers 251ZD Exercise of functions of Secretary of State by other persons 251ZE Accreditation of information technology etc 251A Consistent identifiers 251B Duty to share information 251C Continuity of information: interpretation 252 The Health and Social Care Information Centre 253 NHS England data functions: general 254 Powers to direct NHS England to establish information systems 255 Powers to request NHS England to establish information systems 256 Requests for collection under section 255: confidential information 257 Requests under section 255: supplementary 258 Information systems: supplementary 259 Powers to require and request provision of information 260 Publication of information 261 Other dissemination of information 262 Other dissemination: directions and requests under sections 254 and 255 262A Publication and other dissemination: supplementary 263 Code of practice on confidential information 264 Information Register 265 Advice or guidance 266 Assessment of quality of information 267 Power to establish accreditation scheme 268 Database of quality indicators 269 Power to confer functions in relation to identification of GPs 270 Additional functions 272 Failure by Information Centre to discharge any of its functions 274 Powers of Secretary of State or NHS England to give directions 274A Secretary of State’s guidance about NHS England data functions 275 Interpretation of this Chapter 276 Dissolution of predecessor body 277 Consequential provision 277A Provision of adult social care information to Secretary of State 277B Restrictions on onward disclosure of information 277C Directions to certain bodies to exercise functions under this Chapter 277D Arrangements with third parties 277E Enforcement of provisions under this Part 277F Directions to Special Health Authority to exercise functions under section 277E 278 The Alcohol Education and Research Council 279 The Appointments Commission 280 The National Information Governance Board for Health and Social Care 281 The National Patient Safety Agency 282 The NHS Institute for Innovation and Improvement 283 Standing advisory committees 284 Special notices of births and deaths 285 Provision of information by Registrar General 286 Provision of information by Registrar General: Wales 287 Provision of statistical information by Statistics Board 288 Monitor: duty to co-operate with Care Quality Commission 289 Care Quality Commission: duty to co-operate with Monitor 290 Other duties to co-operate 291 Breaches of duties to co-operate 292 Requirement for Secretary of State to approve remuneration policy etc. 293 Conduct of reviews etc. 294 Failure to discharge functions 295 Arrangements between NHS England and Northern Ireland Ministers 296 Arrangements between NHS England and Scottish Ministers etc. 296A Arrangements between NHS England and devolved authorities in respect of education and training 297 Relationships between the health services 298 Advice or assistance to public authorities in the Isle of Man or Channel Islands 299 Certificate of consent of community patients to treatment 300 Transfer schemes 301 Transfer schemes: supplemental 302 Transfer schemes in respect of previously transferred property 303 Power to make consequential provision 304 Regulations, orders and directions 305 Financial provision 306 Commencement 307 Commencement: consultation with Scottish Ministers 308 Extent 309 Short title SCHEDULE 1 The National Health Service Commissioning Board SCHEDULE 2 Clinical commissioning groups SCHEDULE 3 Pharmaceutical remuneration SCHEDULE 4 Amendments of the National Health Service Act 2006 SCHEDULE 5 Part 1: amendments of other enactments SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments SCHEDULE 8 Monitor SCHEDULE 11 Further provision about NHS England’s enforcement powers SCHEDULE 12 Procedure on references under section 120 SCHEDULE 13 Part 3: minor and consequential amendments SCHEDULE 15 Part 7: consequential amendments and savings SCHEDULE 16 The National Institute for Health and Care Excellence SCHEDULE 17 Part 8: consequential amendments SCHEDULE 19 Part 9: consequential amendments SCHEDULE 20 Part 10: consequential amendments and savings SCHEDULE 21 Amendments relating to relationships between the health services
What to do with it
As published
294 Failure to discharge functions
(1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert
,
and that the failure is significant.
(2) After subsection (2) of that section insert—
(2A) But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case.
(3) After subsection (3) of that section insert—
(4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
(5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
(4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
(5) In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.
(6) After that subsection insert—
(3) A direction under section 82 must be given by regulations or by an instrument in writing.
Your wording
Your change, as a redline
294 Failure to discharge functions
(1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert
,
and that the failure is significant.
(2) After subsection (2) of that section insert—
(2A) But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case.
(3) After subsection (3) of that section insert—
(4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.
(5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
(4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before “any power of the Secretary of State to give directions” insert “(subject to section 82(2A))”.
(5) In section 165 of that Act (directions), at the beginning of subsection (2) insert “Subject to subsection (3),”.
(6) After that subsection insert—
(3) A direction under section 82 must be given by regulations or by an instrument in writing.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.