Health and Social Care Bill — New Clause 2 — Powers and Responsibilities of the Health Service Regulator — Monitor — 6 Sep 2011 at 20:15

The majority of MPs voted in favour of a new provision^[1] in the Health and Social Care Bill^[2] giving additional powers and responsibilities to the health service regulator "Monitor"^[3].

The clause gives Monitor powers to require information and co-operation from those it regulates and requires Monitor to produce and publish guidance for commissioners and licensed health service providers where Monitor has imposed special conditions on a licence; the provision also requires Monitor to maintain an ongoing risk assessment where such special conditions have been imposed.

The text of the new clause was:

• (1) The things which a licence holder may be required to do by a condition under section 104 (1)(i)(i) include, in particular—
• *(a) providing information to the commissioners of services to which the condition applies and to such other persons as Monitor may direct,
• *(b) allowing Monitor to enter premises owned or controlled by the licence holder and to inspect the premises and anything on them, and
• *(c) co-operating with such persons as Monitor may appoint to assist in the management of the licence holder’s affairs, business and property.
• (2) A commissioner of services to which a condition under section 104 (1)(i), (j) or (k) applies must co-operate with persons appointed under subsection (1)(c) in their provision of the assistance that they have been appointed to provide.
• (3) Where a licence includes a condition under section 104 (1)(i), (j) or (k), Monitor must carry out an ongoing assessment of the risks to the continued provision of services to which the condition applies.
• (4) Monitor must publish guidance—
• (a) for commissioners of a service to which a condition under section 104 (1)(i), (j) or (k) applies about the exercise of their functions in connection with the licence holders who provide the service, and
• (b) for such licence holders about the conduct of their affairs, business and property at a time at which such a condition applies.
• (5) A commissioner of services to which a condition under section 104 (1)(i), (j), or (k) applies must have regard to guidance under subsection (4)(a).
• (6) Monitor may revise guidance under subsection (4) and, if it does so, must publish the guidance as revised.
• (7) Before publishing guidance under subsection (4) or (6), Monitor must obtain the approval of—
• *(a) the Secretary of State, and
• *(b) the National Health Service Commissioning Board.’

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• [1] Official Record, House of Commons, 6 September 2011
• [2] Health and Social Care Bill page on the Parliament website (Now the Health and Social Care Act 2012)
• [3] Monitor - the sector regulator for health services in England

Debate in Parliament | Source |