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by Munro Research

National Health Service (Amended Duties and Powers) Bill [HL]


Official Summary

A Bill to re-establish the Secretary of State's legal duty as to the National Health Service in England, Quangos and related bodies

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Overview

This bill amends the National Health Service (NHS) Acts of 2006 and 2012 in England, clarifying the Secretary of State's responsibilities for providing a comprehensive and integrated health service. It also aims to strengthen the Secretary of State's oversight of NHS bodies and increase transparency in NHS contracting.

Description

The bill makes several key changes:

  • Redefined Secretary of State's Duties: The bill clarifies and strengthens the Secretary of State's duty to provide a comprehensive and integrated health service in England, ensuring free services except where charges are explicitly allowed by law.
  • Abolition of Autonomy Duties: It repeals sections of the 2006 Act related to promoting autonomy within the NHS, suggesting a shift towards greater central control.
  • Increased Secretary of State's Powers: The bill grants the Secretary of State greater powers to direct various NHS bodies (including the NHS Commissioning Board, clinical commissioning groups, NHS trusts, and others) regarding their functions and service provision. These directives must consider patient health and inter-body cooperation, prioritizing the Secretary of State's duties under the act.
  • Monitor's Objective: The bill clarifies Monitor's objective as contributing to a comprehensive and integrated health service, aligning its actions with the Secretary of State's duties.
  • Competition Requirements: The bill amends competition requirements, stating that commissioning bodies must have a full range of options and are not legally obligated to foster markets where competition wouldn't improve standards or value for patients.
  • Public Register of NHS Contracts: It mandates a publicly accessible register of NHS contracts, promoting transparency.
  • Treaty Requirements: The bill requires parliamentary approval for any international treaty that would alter or limit UK powers regarding NHS legislation.

Government Spending

The bill doesn't directly specify changes to government spending. The impact on spending will depend on the implementation of the Secretary of State's new powers and directions to NHS bodies. It could potentially lead to increased or reallocated spending depending on the priorities set by the Secretary of State.

Groups Affected

  • Secretary of State for Health: Gains significant additional power and responsibility for the NHS in England.
  • NHS Bodies (e.g., Trusts, Clinical Commissioning Groups): Subject to increased direction and oversight from the Secretary of State.
  • Patients: May experience changes in service provision and access due to the alterations in NHS structure and governance. The potential effects are difficult to predict without further details of implementation.
  • Parliament: Has a greater say in international treaties affecting the NHS.
  • Public: Benefits from increased transparency through the public register of contracts.
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