New Clause 8 - Failure to discharge functions

Health and Social Care (Re-Committed) Bill – in a Public Bill Committee at 7:00 pm on 14 July 2011.

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‘(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.”

(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.”’.

Brought up.

Question put (single Question on new clauses moved by a Minister of the Crown), That new clauses 1 to 8 be added to the Bill.—(Paul Burstow.)

Question agreed to.

New clauses 1 to 8 accordingly added to the Bill.

Bill, as amended, reported (Standing Order No. 83D(6)).

Photo of Roger Gale Roger Gale Parliamentary Assembly of the Council of Europe (Substitute Member)

Strictly speaking, the business of the Committee has now ended, but it would be quite improper of me, if of nobody else, not to thank the staff of the  House, without whom we could not do the job. [Hon. Members: “Hear, hear!”] No, we do not applaud. I also thank all members of the Committee. It has not been easy, but the proceedings have, by and large, been extremely good humoured. Thank you very much indeed.

Committee rose.