362.Subsection (6) of new section 14Z22 provides that the NHS Commissioning Board must publish guidance setting out how it proposes to exercise its powers to require information or explanation and its powers of intervention, so as to ensure that the arrangements are clear and transparent. Subsection (3) of new section 125A of the Act provides that the Secretary of State may direct the NHS Commissioning Board as to how it exercises any function relating to the provision of primary ophthalmic services (including any functions delegated to it). Monitor is then required to have regard to its statement when carrying out its functions. 221.Duty as to promoting education and training. This provision is to avoid inconsistency in the application of competition law, depending on which regulator is exercising the function in a particular instance. 155.This section transfers responsibility for a number of public health activities from the Secretary of State, and confers a new duty on the Secretary of State to make arrangements for the supply of blood and human tissues. Other bodies may assist with the preparation of standards but the decision to publish a standard rests with Secretary of State or the Board. those local authorities which exercise public health functions under the Act (see section 9). This subsection also replaces the duty to consult each relevant district council when preparing the assessment with a duty to involve each such council. The regulations may therefore provide for matters such as who may make a complaint and to whom a complaint may be made, the complaints which may or may not be made, and the procedure for making, handling and considering a complaint. The Information Centre must have regard to information standards published by or guidance issued by the Secretary of State or the NHS Commissioning Board. The NHS currently provides community services, and non-elective and elective secondary services, to the Armed Forces. “Service arrangements” is defined, in relation to a relevant service provider, as arrangements made by the NHS Commissioning Board or a CCG under or by virtue of section 3, 3A, 3B, 4 or 7A or Schedule 1. 1052.The foundation trust proposing to make the acquisition, and the foundation trust or NHS trust to be acquired, would make a joint application to Monitor. 521.This Schedule inserts new Schedule 12A into the NHS Act. Commissioners must have regard to any guidance provided. In the event of loss or damage caused by a failure to comply with a requirement imposed by the regulations, a person affected would be able to bring an action, unless the regulations restricted this. 726.Subsection (4) allows for regulations to provide for exemptions in relation to particular arrangements. This mirrors the duty placed on the Secretary of State earlier in this Part. Paragraph 2 of the new Schedule sets out the arrangements for how pharmaceutical remuneration is to be apportioned amongst CCGs. If the Commission determines that the proposed pricing methodology should be changed, Monitor must pay the Commission’s costs. This duty encompasses the Secretary of State’s functions in relation to both the NHS and public health and relates to all the people of England. Paragraph (a) is amended to the replace the reference to the HPA with a reference to the Secretary of State in relation to England. This section establishes the Health and Social Care Information Centre. 829.The procedure for discretionary requirements follows that laid down in section 43 of the Regulatory Enforcement and Sanctions Act 2008. These powers enable Monitor to make market investigation references (see below) to the Competition Commission. 1220.Subsections (14) and (15) provide that an NHS trust or PCT which became a Care Trust prior to the commencement of the new provisions but then decided to cancel the arrangement after commencement of this Section, will still need to notify the Secretary of State, who will amend the establishment order to remove the words ‘Care Trust’ from its title. This is known as the “certificate requirement”, because approval had to be given by the SOAD on a “Part 4A certificate” in a form set out in regulations by the Secretary of State in England, or by the Welsh Ministers in Wales. 261.Determination of applications. 673.The Secretary of State has a duty under section 1(1) of the NHS Act to promote a comprehensive health service, and subsection (9) requires Monitor to exercise its functions in a manner consistent with the Secretary of State’s performance of that duty. Paragraph 8 allows NICE to regulate its own procedures. This is intended to enable Monitor to adapt the licence criteria as the health care market develops. The Secretary of State or the NHS Commissioning Board may direct the Centre to comply with a non-mandatory request made by a body outside England or not to comply with a non-mandatory request made by any person. 420.Section 88H of the 1991 Act provides a mechanism under which local authorities can be made to bear the full cost of fluoridation. These are functions previously carried out by the HPA. It can already do this in relation to the Council’s existing powers to approve education and training, although, in practice, it has not made any such arrangements. New sections 2A and 2B of the NHS Act 2006, inserted by sections 11 and 12 of this Act, confer on the Secretary of State and certain local authorities duties and powers relating to public health and specify examples of steps that may be appropriate under those duties. 21.This Part amends Chapter 5 of Part 2 of the NHS Act, which makes provision for NHS foundation trusts. This section amends section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts), to provide that the CQC’s duty to co-operate with Monitor in the exercise of their respective functions mirrors the co-operation duties placed on Monitor under section 288 of this Act. Its legislative framework will be unchanged except for amendments consequential on the abolition of the General Social Care Council. The regulations may make provision about the application of other corporate insolvency procedures and the enforcement of security over property, in the context of health special administration. This section enables the Secretary of State or the NHS Commissioning Board to set information standards for health services or adult social care in England. The Secretary of State may direct the Centre to collect or analyse information having considered that it is necessary or expedient for the Secretary of State to have the resulting information in connection with the provision of health services or adult social care in England. It is intended that CCGs, in practice, will also have regard to the impact of their commissioning decisions on border areas. 908.The Secretary of State may direct that an agreement is to be of no effect, if the Secretary of State thinks that the agreement might breach EU obligations (for instance, state aid rules) (subsection (9)). This requirement would cover both integration between service types (such as between health and social care) and integration between different types of health services (such as hospital and community care). Those matters are whether Monitor has failed to give sufficient weight to the matters to which it must have regard under section 66 in carrying out its functions and, if so, whether that failure does or might operate against the public interest and if it does, whether that could be remedied or prevented by changes to the proposals. 706.Chapter 1 of Part 1 of the 1998 Act prohibits undertakings from reaching certain agreements and decisions and carrying out concerted practices that prevent, restrict or distort competition. 1438.Subsections (5) and (6) set out circumstances where the Centre may disclose information. The provisions of the Act will come into force on a day specified in an order made by the Secretary of State, with the exception of the provisions which came into force on Royal Assent (these are listed in this section) and sections 35 to 37 in relation to Wales (which will be commenced by order made by the Welsh Ministers). The Act retains minimum requirements on the composition of the council of governors, including the existing requirement for there to be a majority of elected governors. They have been prepared by the Department of Health in order to assist the reader of the Act. Subsection (8) of section 13 of the Act makes these regulations subject to the affirmative procedure in Parliament. 1476.Subsection (3) inserts a new section 20A into the Health and Social Care Act 2008 to provide the Care Quality Commission with functions to monitor the practice followed by registered providers in relation to the processing of information relating to patient and adult social care service users, and to keep the NHS Commissioning Board and Monitor informed about such practice. These would apply to the exercise by a local authority of any public health functions under the NHS Act (see in particular section 11); the exercise of the Secretary of State’s public health functions by a local authority; the exercise by a local authority of other functions relating to public health which are the responsibility of its director of public health; or the provision of services by another person following arrangements made by a local authority in exercising these functions. restrictions on investments or giving of guarantees. A function may only be conferred on the NHS Commissioning Board if it is connected to another function of the NHS Commissioning Board. Subsection (1) of new section 1D identifies two constituent elements of autonomy: freedom for bodies/persons in the health service (such as CCGs or Monitor) to exercise their functions in a manner that they consider most appropriate (new section 1D(1)(a)), and not imposing unnecessary burdens upon those bodies/persons (new section 1D(1)(b)). Regulations may also specify that a body operating an accreditation scheme must publish details of the accreditation process, including the criteria that must be met for accreditation, provide an appeals process when an application for accreditation is refused and provide those applying for accreditation with advice. As amended, section 62A will allow an approved clinician to continue giving medication to a patient who has withdrawn consent if they consider that its discontinuance would cause serious suffering to the patient, but it does not allow electro-convulsive therapy to be given against such a patient’s will (because it is not possible to obtain a SOAD certificate authorising electro-convulsive therapy for a detained patient who has capacity to consent, but is refusing to do so). But it says that the repeal of section 123 does not affect the validity of the detention of anyone who has previously been transferred under section 123, nor prevent the recapture of anyone who escaped from custody while being transferred under that section. 576.Paragraphs 99 and 100 amend sections 185 and 186 by removing references to PCTs and inserting references to the NHS Commissioning Board, CCGs and local authorities so that regulations may provide for the making and recovery of charges by those bodies in respect of more expensive supplies and repairs and replacements of appliances or vehicles in certain cases. It also includes a change to the Health Act 2009, so that NICE will have a duty to have regard to the NHS Constitution. To find out more, including how to control cookies, see here: However, no person could be compelled to provide information that it could not be compelled to under civil proceedings in the High Court. This section transfers responsibility for approving changes to a foundation trust’s constitution from Monitor to the council of governors and board of directors of the foundation trust. The NHS Commissioning Board will also be responsible for commissioning primary care services and high secure psychiatric services. For example, Monitor could use this provision to set licence conditions for a provider to secure continuity of NHS services in particular circumstances that Monitor considered were not captured within the standard licence conditions. The process is modelled closely on the existing provisions in articles 15 to 18 of the 2001 Order, which deal with the approval of education and training for the Council’s registrants. 930.These provisions are designed so that health special administration can reflect existing insolvency law and practice. Subsection (9) of section 252A requires that all relevant service providers must appoint an individual to be responsible for ensuring that the provider is properly prepared for any relevant emergency, that the provider complies with any requirements relating to emergency preparedness in its service contracts with the NHS Commissioning Board or CCGs and that the NHS Commissioning Board is provided with information that it may require so that it can carry out its duties to secure preparedness and monitor compliance with emergency preparedness obligations. These include a power for regulations under section 223(1) or (1A) to require local authorities to include prescribed provision in their contractual arrangements with Local Healthwatch organisations and, similarly, to require local authorities to require Local Healthwatch organisations in their arrangements with Local Healthwatch contractors to include prescribed provision. It also requires the local authority to require the Local Healthwatch organisation to have regard to such guidance. This section extends the supplementary provisions in the NHS Act relating to mergers involving foundation trusts, so that they now cover mergers, acquisitions, separations and dissolutions. Provision may be made in the scheme about the continuing effect of things a person ("the transferor"- the person from whom the things are being transferred) has done in respect of the things transferred. The amendment to sections 30 and 39 requires the Care Quality Commission to give notice to certain NHS bodies (when required by regulations) if it takes action against a registered provider. It has been reviewed and policy statement 4.2 has been removed as this directed employees to the Statutory Time Off Policy and Procedure for their rights in relation to time off for antenatal appointments, which is in fact covered in this policy at procedure 5.3 and 5.4. Exemptions could be time-limited, and/or conditional. A property scheme may make provision for the shared ownership or use of property (paragraph 24). 727.This section makes provision for what may be included in regulations made under the previous section about Monitor’s powers to investigate and remedy breaches of the regulations. the Secretary of State’s reasons for considering those objectives to be relevant to Monitor’s exercise of its functions. The Secretary of State will be under an obligation to review the annual report and publish a letter in response setting out how, in the Secretary of State’s view, the NHS Commissioning Board has performed for the previous year against its statutory duties and the objectives and requirements set for it in the mandate. It makes amendments to the financing and accounting arrangements of foundation trusts. Subsection (3) adds an activity of making people’s views known and making reports and recommendations for improvements to health and social care services to Healthwatch England. 93.Subsection (1) requires the Secretary of State to lay a report before Parliament on any matter, including taxation, which might affect either the ability of NHS health care providers to provide health care services for the purposes of the NHS or the reward available to them for doing so. The changes reflect the fact that services will in future be commissioned by the NHS Commissioning Board and CCGs, or in relation to public health, provided by the Secretary of State and local authorities. New section 45C requires Healthwatch England to report annually to the CQC on the views of users of health or social care services and others on their needs for such services and their experiences of such services and the views of Local Healthwatch organisations and other persons on the standard of service provision and whether or how this could or should be improved. The provisions therefore apply in relation to an emergency where the body may be asked to assist other NHS bodies or public authorities responding to that emergency, as well as one which directly affects their local NHS services. 1315.This section changes the name of the Council for Healthcare Regulatory Excellence to the Professional Standards Authority for Health and Social Care, and makes amendments to the National Health Service Reform and Health Care Professions Act 2002 required as a result of the change of name. Provision is also made in section 97 for the NHS Commissioning Board to recognise Local Medical Committees for an area. There is little prospect of any organisation other than an NHS trust applying to become a foundation trust (no other type of organisation has ever applied using section 34) and section 34 is therefore unnecessary. It provides that the Authority must have regard to any appropriate guidance in carrying out the assessment; must consider, in particular, the likely impact on registrants and potential registrants, employers of registrants and potential registrants, and users of health care and English social care and social work services; may request information from the person or body who maintains the voluntary register in order to carry out the assessment (and may refuse to accredit the register in the case of non-compliance with this request); may publish its impact assessment; and must have regard to the impact assessment in deciding whether to accredit a voluntary register. It does not apply in relation to England (see. 697.Subsections (7) and (8) provide for consultation on impact assessments. This provision is designed to ensure that information about provider performance, which may be relevant to the duties and functions of commissioners and other regulators, is shared appropriately. 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