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Clause 1 — Secretary of State’s duty to promote comprehensive health service

Bill Presented — European Union Act 2011 (Amendment) Bill – in the House of Commons at 6:00 pm on 7th September 2011.

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Amendment proposed: 1176, page 2, line 7, leave out subsection (2) and insert—

‘(2) The Secretary of State must for that purpose provide or secure the provision of services in accordance with this Act.’.—(Owen Smith.)

Question put, That the amendment be made.

The House divided:

Ayes 255, Noes 304.

Division number 340

See full list of votes (From The Public Whip)

Question accordingly negatived.

Clause 14

Other services etc. provided as part of the health service

Amendment made: 49, page 9, line 12, leave out subsection (7).—(Mr Lansley.)

Clause 15

Regulations as to the exercise by local authorities of certain public healthfunctions

Amendments made: 50, page 11, line 24, at end insert—

‘( ) Where regulations under subsection (1) require a local authority to exercise any of the public health functions of the Secretary of State, the regulations may also authorise or require the local authority to exercise any prescribed functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12).’.

Amendment 51, page 11, line 27, at end insert—

‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a local authority of any of its functions under regulations under subsection (1) are enforceable by or against the local authority (and no other person).’.—(Mr Lansley.)

Clause 16

Regulations relating to EU obligations

Amendments made: 52, page 12, line 6, at end insert—

‘( ) The making of regulations under subsection (1) does not prevent the Secretary of State from exercising the specified EU health function.’.

Amendment 53, page 12, line 6, at end insert—

‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by the Board or a clinical commissioning group of any of its functions under regulations under subsection (1) are enforceable by or against the Board or (as the case may be) the group (and no other person).’.—(Mr Lansley.)

Clause 19

Exercise of public health functions of the Secretary of State

Amendment made: 54, page 14, line 37, at end insert—

‘( ) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person).’.—(Mr Lansley.)

Clause 20

The NHS Commissioning Board: further provision

Amendments made: 55, page 16, leave out lines 28 and 29.

Amendment 56, page 17, leave out lines 27 and 28.

Amendment 57, page 17, leave out lines 33 and 34.

Amendment 58, page 17, leave out lines 39 and 40.

Amendment 59, page 18, leave out lines 14 and 15.

Amendment 60, page 18, leave out lines 42 to 44 and insert—

“(3) The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in pursuance of regulations under section 75 where it considers that this would secure—

(a) that health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), or

(b) that the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).’.

Amendment 61, page 19, leave out lines 1 and 2.

Amendment 62, page 19, leave out lines 19 and 20.

Amendment 63, page 19, line 32, at end insert ‘in the exercise of its functions’.

Amendment 64, page 20, leave out lines 3 and 4.

Amendment 65, page 24, line 20, at end insert—

‘“health services” means services provided as part of the health service and, in sections 13N and 13P, also includes services that are to be provided as part of the health service’.

Amendment 66, page 24, line 20, at end insert—

‘(2) Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—

(a) section 6E(7) and (10)(b),

(b) section 13A(2),

(c) section 13C(1),

(d) section 13D,

(e) section 13E(1),

(f) section 13F,

(g) section 13G(1),

(h) section 13H(1),

(i) section 13I(1),

(j) section 13J,

(k) section 13K(1),

(l) section 13L,

(m) section 13M(1) and (2),

(n) section 13N(2),

(o) section 13P(1),

(p) section 13S(1),

(q) section 13T(1) and (4),

(r) section 13V(2),

(s) section 13W(1),

(t) section 13Z1(1),

(u) section 13Z2(1),

(v) section 72(1),

(w) section 75(1)(a) and (2),

(x) section 82,

(y) section 223C(2)(a),

(z) in Schedule A1, paragraph 13.

(3) Any reference (however expressed) in the following provisions of other Acts to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—

(a) sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),

(b) section 200(6) of the Health and Social Care Act 2011 (participation of the Board in work of Health and Wellbeing Boards),

(c) section 202(4) of that Act (supply of information to Health and Wellbeing Boards),

(d) section 289(1) and (2) of that Act (duties to co-operate),

(e) section 290(2)(d) of that Act (breaches of duties to co-operate).

(4) The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3).”’.—(Mr Lansley.)