Overview

This bill amends the Health and Social Care Bill, clarifying ministerial responsibilities, introducing new duties for the Secretary of State and the NHS Commissioning Board, and making provisions relating to the governance and regulation of NHS providers and Clinical Commissioning Groups (CCGs).

Description

The amendments significantly impact the roles and responsibilities within the NHS. Key changes include:

• Secretary of State's Duties: The Secretary of State gains explicit responsibilities concerning the NHS Constitution, education and training for NHS employees, and reporting on the treatment of NHS providers. Priority is given to the Secretary of State's duties under Section 1 (promoting a comprehensive health service) in case of conflict.
• NHS Commissioning Board's Duties: The NHS Commissioning Board (and CCGs) must act consistently with the Secretary of State's duties and published mandates. They also gain a duty to promote education and training for NHS personnel.
• Clinical Commissioning Groups (CCGs): CCGs face new requirements for maintaining and publishing registers of interests, managing conflicts of interest, and prioritising their duties under Sections 1(1) and 1E(3)(b) in case of conflict. Their decisions must relate to the prevention, diagnosis, care or treatment of patients.
• Local Authority Roles: Local authorities must have regard to the Secretary of State’s guidance in relation to their director of public health.
• After-care: Amendments clarify the responsibilities for after-care under Section 117 of the Mental Health Act 1983, shifting some responsibilities to CCGs and the NHS Commissioning Board.
• NHS Foundation Trusts: Amendments specify that NHS foundation trusts must primarily derive their income from NHS services and include information on the impact of other income sources in their annual reports.
• Monitor's Role: The role of Monitor is refined, requiring it to have regard to specific guidance from the Secretary of State, and to consider the effect of investigations on benefits for NHS service users. Specific provisions are made for the transition from the existing arrangements for Monitor's interaction with NHS foundation trusts to the new system.
• Information Centre: New clauses are introduced to govern the collection and dissemination of confidential information by the Health and Social Care Information Centre, with specific regulations and duties outlined concerning handling of personal data.
• General Amendments: The bill includes numerous other amendments across various sections, mostly clarifying existing legislation and improving consistency.

Government Spending

The bill does not provide specific figures on the impact on government spending. However, the new duties and responsibilities could lead to increased administrative costs for the Department of Health, the NHS Commissioning Board, and CCGs, along with potential costs related to implementing new reporting and transparency measures.

Groups Affected

• Secretary of State for Health: Increased responsibilities and reporting requirements.
• NHS Commissioning Board: New duties regarding planning, education and training, and oversight.
• Clinical Commissioning Groups (CCGs): New responsibilities for governance, transparency, and conflict of interest management.
• NHS Providers (including NHS Foundation Trusts): Increased scrutiny regarding income generation and compliance.
• Local Authorities: New requirements regarding their directors of public health.
• Patients: Indirect effects through changes to service provision and governance.
• Monitor: Refined role and responsibilities.
• Health and Social Care Information Centre: New responsibilities concerning data collection and dissemination.

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