Health and Social Care Bill

House of Lords second reading briefing

11 - 12 October 2011


  • The Equality and Human Rights Commission (the Commission) seeks an amendment to the bill which clarifies that private or third sector health care providers commissioned to provide NHS services are performing public functions within the meaning of the Equality Act 2010 (s149(2)) and the Human Rights Act 1998 (s6(3)(b)) and therefore patients are protected by the rights and obligations of each.
  • The Commission seeks clarification that all relevant NHS bodies will be expressly listed in:
    • Schedule 19 of the Equality Act 2010 as being subject to the general public sector equality duty and
    • Schedule 1 of the Equality Act 2010 (Specific Duties) regulations 2011 as being subject to the specific equality duties for England and non-devolved bodies in Scotland and Wales
  • Finally, the Commission would advise that the proposal for Monitor and the Care Quality Commission (CQC) to co-operate should be a general duty amongst all main regulators in health and social care. 

Download the full Health and Social Care briefing (Word)

Last updated: 06 May 2016