Health and Social Care Bill — Report (2nd Day) (Continued)

Part of the debate – in the House of Lords at 10:00 pm on 13th February 2012.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 10:00 pm, 13th February 2012

My Lords, on Amendment 35, Section 3 of the National Health Service Act 2006, as amended by the Bill, states that CCGs have responsibility for persons provided with primary medical services by a member of the group and persons usually resident in the group's area who are not provided with primary medical services by a member of any CCG. Regulations under subsection (1D) enable the Secretary of State to specify that this would not apply for persons of a prescribed description, or in prescribed circumstances-for example, for persons registered with an English GP who were resident in Scotland. As currently drafted, these regulations would be subject to the negative procedure in Parliament. Following the recommendation of the Delegated Powers and Regulatory Reform Committee, the amendment would make these regulations subject to the affirmative procedure.

Amendments 137 to 140 are linked to Amendment 39. They would make clear that the Secretary of State is not able to delegate his function of making orders or regulations specifically relating to the provision of primary medical, dental or ophthalmic services and any functions relating to local or other pharmaceutical services to the NHS Commissioning Board, a CCG, a Special Health Authority or to such other persons or bodies as may be prescribed. The amendments would make it clear that the Secretary of State cannot delegate the function of making orders or regulations to other bodies under Clause 48.

If that short explanation represents an over-abbreviated one, I shall be happy to write to my noble friend after this debate, but I hope that that is helpful.

Amendment 35 agreed.

Amendment 36 not moved.

Clause 13 : Power of clinical commissioning groups as to commissioning certain health services

Amendment 36A not moved.

Clause 14 : Power to require Board to commission certain health services

Amendment 37

Moved by Baroness Hollins

37: Clause 14, page 8, line 12, at end insert "including for those with profound and multiple learning disabilities and people with complex needs whose behaviour challenges services"