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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 seeks to amend the National Health Service (NHS) Act 2006 and the Health and Social Care Act 2012 in England. It aims to re-establish the Secretary of State's clear legal duty to provide a comprehensive and integrated health service, reinforcing central government control over the NHS and related organizations.

Description

The bill makes several key changes:

  • Redefined Secretary of State's Duty: Clarifies and strengthens the Secretary of State's responsibility to provide a comprehensive and integrated health service in England, removing ambiguities in the 2006 Act.
  • Abolition of Autonomy Duties: Repeals sections of the 2006 Act related to promoting autonomy within the NHS, suggesting a shift towards more centralized control.
  • Increased Central Control: Grants the Secretary of State greater power to direct NHS bodies (including the Commissioning Board, clinical commissioning groups, NHS trusts, and others) on the provision of services and exercise of functions. This includes setting priorities and resolving conflicts between different bodies' objectives.
  • Clarified Provision of Services: Amends the 2006 Act to explicitly state the Secretary of State's responsibility for ensuring sufficient accommodation, services, and facilities are provided throughout England.
  • Monitor's Objective: Adds a new section clarifying that Monitor's objective is to contribute to a comprehensive and integrated health service.
  • Competition Amendment: Modifies the competition requirements, emphasizing patient interests and removing legal obligations to foster market competition where it might be ineffective.
  • Public Register of NHS Contracts: Requires NHS bodies to establish and maintain a publicly accessible register of contracts.
  • Treaty Requirements: Stipulates that any international treaty impacting NHS legislation must receive parliamentary approval in each relevant jurisdiction (England, Scotland, Wales, Northern Ireland).

Government Spending

The bill doesn't directly specify changes to government spending. However, the increased central control and emphasis on provision of services could potentially lead to increased or reallocated government spending depending on the implementation of the new duties.

Groups Affected

  • Secretary of State for Health: Increased responsibilities and powers.
  • NHS Bodies (Commissioning Board, Trusts, etc.): Subject to greater central direction and oversight.
  • Patients: Potentially improved access to services and more integrated care, although the impact will depend on implementation.
  • Other Healthcare Providers: Increased regulation and potential for increased central control.
  • Parliament and Devolved Administrations: Increased role in scrutinizing and approving international treaties that affect the NHS.
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