Health and Social Care Bill

THIRTEENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 17th October 2011, as follows—

Clauses 148 to 176
Schedule 14
Clauses 177 to 179
Schedule 15
Clauses 180 to 228
Schedule 16
Clause 229
Schedule 17
Clauses 230 to 246
Schedule 18
Clauses 247 to 249
Schedule 19
Clauses 250 to 271
Schedule 20
Clauses 272 to 274
Schedule 21
Clauses 275 to 291
Schedule 22
Clauses 292 to 294
Schedules 23 and 24
Clauses 295 to 303

[Amendments marked * are new or have been altered]

Clause 148

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

296

Page 148, line 11, leave out subsection (2) and insert—

“(2) For paragraph 9(3) of that Schedule (requirement for at least one member of council governors to be appointed by PCT) substitute—

“(3) At least one member of the council of governors must be appointed by the NHS Commissioning Board.”.”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

296A

Page 148, line 34, at end insert—

“( ) After paragraph 10C of that Schedule insert—

“10D The governors shall be notified of and have the right to attend all meetings of the Board and its sub-committees and have access to all relevant documents and papers.

10E For this purpose, governors will be required to acknowledge their duty to protect confidentiality.”.”

Clause 149

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

297

Page 149, line 20, after “whole” insert “for the purposes of the National Health Service”

Clause 151

LORD WARNER

LORD PATEL

BARONESS MURPHY

298

Page 151, line 6, at end insert “having full regard to the recommendations of the independent body established by section 13D of this Act”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

298A

Page 151, line 6, at end insert—

“(1B) The accounts so produced must identify separately the income and expenditure which relates to any private income business, and the audit of such accounts must include assurance that all costs which relate to private income business have been properly calculated or recorded (or both).”

EARL HOWE

298B

Page 151, line 6, at end insert—

“( ) In sub-paragraph (3) of that paragraph, in paragraph (b) for “any records” substitute “the records”.”

Clause 153

EARL HOWE

298C

Page 152, line 38, at end insert—

“( ) In paragraph 22(1) of Schedule 7, omit paragraph (e) (duty to make forward plan available to the public).”

Clause 156

LORD BEECHAM

299

Page 154, line 19, after “the” insert “national”

Clause 161

EARL HOWE

299ZA

Page 159, line 12, at end insert—

“(2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes.”

BARONESS JOLLY

LORD CLEMENT-JONES

BARONESS BARKER

BARONESS TYLER OF ENFIELD

299A

Page 159, line 16, at end insert—

“( ) before “purpose” insert “exclusive”,

( ) at the end insert “as detailed in an annual plan presented to and approved by its council of governors””

EARL HOWE

299AZA

Page 159, line 16, at end insert—

“( ) After subsection (3) of that section insert—

“(3A) Each annual report prepared by the NHS foundation trust must give information on the impact that income received by the trust otherwise than from the provision of goods and services for the purposes of the health service in England has had on the provision by the trust of goods and services for those purposes.””

Clause 162

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

299AA

Page 159, line 27, leave out paragraph (a)

LORD PHILLIPS OF SUDBURY

BARONESS FINLAY OF LLANDAFF

LORD KAKKAR

LORD DARZI OF DENHAM

299B

Page 159, line 33, at end insert—

“( ) An NHS Foundation Trust may provide private health treatment and care but not so that its provision is to any significant extent detrimental to that provided for the purposes of the health service save that that shall not restrict accommodation and services not available within the health service nor restrict treatment or care where that is not a clinical priority.”

BARONESS FINLAY OF LLANDAFF

299C

Page 159, line 35, at end insert—

“( ) NHS services must not use NHS business to recruit private patient business.

( ) NHS services must ensure that the availability of NICE approved treatments is not decreased by private service provision.”

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 162 stand part of the Bill.

Clause 165

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

BARONESS FINLAY OF LLANDAFF

300

Page 160, line 32, after first “of” insert—

“(a)”

301

Page 160, line 33, at end insert “; and

(b) the Secretary of State”

Clause 167

BARONESS WILLIAMS OF CROSBY

LORD MARKS OF HENLEY-ON-THAMES

LORD PATEL

BARONESS FINLAY OF LLANDAFF

302

Page 161, line 36, after first “of” insert—

“(a)”

303

Page 161, line 37, at end insert “; and

(b) the Secretary of State”

Clause 170

EARL HOWE

303ZZA

Page 163, line 34, leave out “(but not the following “or”)”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 170 stand part of the Bill.

After Clause 170

BARONESS THORNTON

LORD BEECHAM

303ZA

Insert the following new Clause—

“Remedial action

( ) Where the Secretary of State under paragraph 65B(1) of the NHS Act 2006, or the regulator under section 65D of that Act, considers that the conditions for making an order or notice are likely to exist within the year, the Secretary of State or the regulator shall, after consultation with the National Commissioning Board, appoint an independent panel of no more than six people with expertise in health and social care, to make proposals to the regulator and Board, with an agreed timetable, for the reconfiguration of services in the health economy within which the trust operates that would provide sustainable services for patients in the area affected.

( ) Recommendations from the panel shall be subject to public consultation within a timescale specified by Monitor.

( ) Monitor shall, after consulting the National Commissioning Board, determine the service reconfiguration required to achieve clinical and financial sustainability of services, unless the Secretary of State has notified Parliament of his or her reasons for replacing those arrangements with alternative ways of achieving sustainable health service in the area.

( ) Where matters become so serious that the regulator is required to act under inserted subsections (1) and (2) of section 65D of the NHS Act 2006, the regulator shall incorporate the work of any such panel in any order or report made under inserted subsections (5) and (6) of that section as conditions to which the trust special administrator must have full regard in discharging his or her responsibilities.”

303ZB

Insert the following new Clause—

“Reconfiguration of NHS services

( ) Regulations shall provide for the process to be followed in the consideration of reconfiguration of NHS services.

( ) Such regulations must cover how reconfiguration is to be governed by—

(a) the legislative obligations of sections 242 and 244 of the NHS Act 2006,

(b) guidance published in 2003, 2008, and 2009 requiring NHS organisations to involve, work more effectively with and be more locally accountable to local people and communities through—

(i) Health Overview and Scrutiny Guidance (2003),

(ii) Leading Local Change and Changing for the Better: Guidance when Undertaking Major Changes to NHS Services (May 2008),

(iii) Real Involvement—Working with People to Improve Health services (October 2008),

(iv) Real Accountability—demonstrating responsiveness and accountability (November 2009), and

(v) Code of Practice on Consultation—BIS Guidance on consultations (2009)

(c) the Carruthers review—Service Improvement: Quality Assurance of Major Changes to Service Provision (2007), and

(d) any guidance issued through the Department of Health covering reconfiguration process requirements.

( ) The regulations must set out the roles of the Board, Clinical Senates and Networks, clinical commissioning groups and Health and Wellbeing Boards.

( ) The regulations shall set out indicative timescales to be followed in considering and implementing reconfigurations.”

Clause 171

BARONESS THORNTON

LORD BEECHAM

303A

Page 164, line 11, leave out subsection (1)

LORD WARNER

LORD PATEL

BARONESS MURPHY

304

Page 164, line 28, at end insert—

“(4) Where the regulator considers that the conditions for making such an order are likely to exist within a year, the regulator shall, after consultation with the National Commissioning Board, appoint an independent panel of no more than six people with expertise in health and social care, to make proposals to the regulator and Board, within an agreed timetable, for the reconfiguration of services in the health economy within which the trust operates that would provide sustainable services for patients in the area affected.

(5) Recommendations from the Panel shall be subject to public consultation within a timescale specified by Monitor.

(6) Monitor shall, after consulting the National Commissioning Board, determine the service reconfiguration required to achieve clinical and financial sustainability of services unless the Secretary of State notified Parliament of his or her reasons for replacing those arrangements with alternative ways of achieving sustainable health services in the area.

(7) Where matters become so serious that the regulator is required to act under section 3(1) and (2), the Regulator shall incorporate the work of any such panel in any order or report made under section 5(5) and (6) as conditions to which the trust special administrator must have full regard in discharging his or her responsibilities.”

Clause 172

BARONESS FINLAY OF LLANDAFF

304A

Page 166, line 13, at end insert—

“( ) the current and future requirements for the provision of medical education and training,”

304B

Page 166, line 22, after “Board” insert “, in conjunction with commissioners,”

Clause 173

EARL HOWE

304BA

Page 168, line 8, leave out “(7)(d)” and insert “(7)(c) and (d)”

Clause 175

EARL HOWE

304BB

Page 173, line 5, leave out “65K” and insert “65KC”

304BC

Page 173, line 7, at end insert—

“( ) a copy of any information published under section 65D,”

304BD

Page 173, line 8, at end insert—

“( ) a copy of any statement provided under section 65F,”

304BE

Page 173, line 9, after “65F,” insert “65G,”

304BF

Page 173, line 10, after “65KB” insert “, 65KC”

304BG

Page 173, line 11, after “statement” insert “published or provided”

304BH

Page 173, line 13, at end insert “or 65KC”

304BJ

Page 173, line 18, leave out “65K(4)” and insert “65KC(3)”

304BK

Page 173, line 19, leave out paragraph (d) and insert—

“(d) for “65L(2), (4) or (5)” substitute “65L(2) or (7), 65LA(3)”.”

304BL

Page 173, line 34, leave out “65K” and insert “65KC”

304BM

Page 173, line 36, at end insert—

“( ) a copy of any information published under section 65D,”

304BN

Page 173, line 37, at end insert—

“( ) a copy of any statement provided under section 65F,”

304BP

Page 173, line 38, after “65F,” insert “65G,”

304BQ

Page 173, line 39, after “65KB” insert “, 65KC”

304BR

Page 173, line 40, after “statement” insert “published or provided”

304BS

Page 173, line 42, at end insert “or 65KC”

Clause 176

BARONESS FINLAY OF LLANDAFF

304C

Page 174, line 5, at end insert—

“(2A) This section and section 165 will come into force by order of the Secretary of State after consultation with Monitor, the NHS Commissioning, and the Care Quality Commission no earlier than on 1 April 2020.”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 176 stand part of the Bill.

Schedule 14

EARL HOWE

304CA

Page 388, line 10, at end insert “, and

( ) in subsection (3), omit paragraph (a) (and the following “and”)”

304CB

Page 388, line 13, after “trust” insert “established under section 25”

304CC

Page 388, line 14, after “trust” insert “established under section 25”

304CD

Page 391, line 18, leave out sub-paragraph (2)

304CE

Page 394, line 7, leave out paragraph 64

304CF

Page 394, line 11, leave out paragraphs 65 to 67

304CG

Page 397, line 18, at end insert “, and

( ) omit sub-paragraph (ii) of that paragraph (and the preceding “or”)”

304CH

Page 398, line 21, after “body”” insert “—

(a) ”

304CJ

Page 398, line 21, at end insert “, and

(b) in paragraph (c), for “that Act” substitute “the National Health Service Act 2006” (and omit the “or” preceding that paragraph)”

Clause 177

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 177 stand part of the Bill.

Clause 178

LORD HARRIS OF HARINGEY

BARONESS WHEELER

305

Page 175, leave out from line 16 to end of line 8 on page 178 and insert—

“(1) There shall be a body corporate known as Healthwatch England.

(2) Healthwatch England shall have the following functions—

(a) to establish a Local Healthwatch organisation for each local authority area,

(b) to provide each Local Healthwatch organisation with such resources as may be agreed by Healthwatch England,

(c) to provide Local Healthwatch organisations with advice on and assistance in relation to their functions and on such other matters that Healthwatch England may determine,

(d) to provide relevant persons with information and advice on—

(i) the views of people who use health and social care services and of other members of the public on their needs for and experiences of health and social care services, and

(ii) the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.

(3) Relevant persons referred to in subsection (2)(d) are—

(a) the Secretary of State;

(b) the National Health Service Commissioning Board;

(c) the Care Quality Commission;

(d) Monitor; and

(e) English local authorities.

(4) A person provided with advice under subsection (2)(d) must inform Healthwatch England in writing of its response or proposed response to the advice.

(5) Healthwatch England must publish details of arrangements it makes under this section, including details of payments of remuneration or other amounts.

(6) In performing functions under this section, Healthwatch England must have regard to such aspects of government policy as the Secretary of State may direct.

(7) As soon as possible after the end of each financial year, Healthwatch England must publish a report on the way in which it has exercised its functions during the year.

(8) Healthwatch England must—

(a) lay before Parliament a copy of each report made under subsection (7), and

(b) send a copy of each such report to the Secretary of State.

(9) Healthwatch England may publish other reports at such times, and on such matters relating to health or social care, as it deems appropriate.

(10) Before publishing a report under subsection (7) or (9), Healthwatch England must, so far as practicable, exclude any matter which relates to the private affairs of an individual, the publication of which, in its opinion, would or might seriously and prejudicially affect that individual’s interests.

(11) In this section, “financial year” means—

(a) the period beginning with the date on which Healthwatch England is appointed and ending with the following 31 March, and

(b) each successive period of 12 months ending with 31 March.

(12) The first Chair and members of Healthwatch England shall be appointed by the Secretary of State for a period that shall expire no more than twelve months after Local Healthwatch organisations have been established.

(13) Prior to appointing the first Chair and members of Healthwatch England, the Secretary of State shall consult, and must have regard to the views of, such organisations that seem to him or her to represent the interests of users of health and social care provision.

(14) The first Chair and members of Healthwatch England shall make arrangements for their successors to be elected by local Healthwatch organisations on such a basis as shall be determined by Healthwatch England.”

LORD PATEL

LORD WARNER

306

Page 175, line 17, leave out subsections (2) and (3) and insert—

“(2) Healthwatch England is to be appointed in accordance with regulations made by the Secretary of State.”

LORD ROOKER

LORD HARRIS OF HARINGEY

307

Page 175, line 20, leave out “appointed” and insert “elected from local Healthwatch organisations”

BARONESS CUMBERLEGE

307A

Page 175, line 21, at end insert—

“( ) The majority of the members of the Healthwatch England committee shall not be members of the Commission.”

LORD ROOKER

LORD HARRIS OF HARINGEY

308

Page 175, line 24, after “assistance” insert “and make recommendations”

BARONESS CUMBERLEGE

308A

Page 175, line 25, at end insert—

“( ) The provision that must be made by virtue of sub-paragraph (1A) includes provision as to—

(a) the majority membership of Healthwatch England committee being elected from representatives of Local Healthwatch organisations, and

(b) the manner in which those representatives are elected, the term which they must serve and the role that they must fulfil.”

308B

Page 175, line 29, at end insert—

“( ) In sub-paragraph (2) after “advisory committee” insert “or the Healthwatch England committee, as the case may be,”.”

LORD ROOKER

LORD HARRIS OF HARINGEY

309

Page 176, line 9, after “information” insert “, recommendations”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS TYLER OF ENFIELD

310

Page 176, line 10, after “people” insert “, including children,”

311

Page 176, line 11, after “public” insert “, including children,”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

311ZA

Page 176, line 12, after “services” insert “including services directly commissioned by the NHS Commissioning Board at a regional or national level”

LORD WHITTY

311A

Page 176, line 20, at end insert—

“( ) Care Quality Commission;”

LORD ROOKER

LORD HARRIS OF HARINGEY

312

Page 176, line 22, after “advice” insert “or recommendations”

LORD WHITTY

312A

Page 176, line 23, leave out “committee”

LORD ROOKER

LORD HARRIS OF HARINGEY

313

Page 176, line 24, at end insert “or recommendations and any action it intends to take”

LORD WHITTY

313A

Page 176, line 25, leave out subsection (6)

LORD ROOKER

LORD HARRIS OF HARINGEY

314

Page 176, line 25, leave out “may” and insert “must”

315

Page 176, line 26, after “advice” insert “or recommendations”

316

Page 176, line 28, at end insert “and recommendations and any actions it intends to take”

LORD WHITTY

316A

Page 176, line 29, leave out “The Commission” and insert “Healthwatch England”

316B

Page 176, line 34, leave out “committee”

316C

Page 176, line 37, leave out second “the”

316D

Page 176, line 38, leave out “committee”

316E

Page 176, line 39, leave out “Commission” and insert “Secretary of State”

316F

Page 176, line 44, leave out “The committee” and insert “Healthwatch England”

LORD ROOKER

LORD HARRIS OF HARINGEY

317

Page 176, line 47, at end insert—

“( ) send a copy of each such report to all local Healthwatch organisations”

LORD WHITTY

317A

Page 177, line 1, leave out “The committee” and insert “Healthwatch England”

LORD LOW OF DALSTON

317AA

Page 177, line 4, leave out “, so far as practicable,”

317AB

Page 177, line 5, leave out from “individual” to end of line 7

LORD WHITTY

317B

Page 177, line 5, leave out “The committee’s” and insert “Healthwatch England’s”

LORD ROOKER

LORD HARRIS OF HARINGEY

318

Page 177, line 20, at end insert—

“( ) The Secretary of State shall consult local Healthwatch organisations before issuing such directions.”

LORD WHITTY

318A

Page 177, line 21, leave out from beginning to end of line 8 on page 178

318B

Leave out Clause 178 and insert the following new Clause—

“Healthwatch England

(1) There is to be established a body corporate called Healthwatch England.

(2) The primary duty of Healthwatch England shall be to represent the interests of patients and users of national health services and social care services (hereafter known as “patients and users”) in relation to providers and to regulators and the Secretary of State.

(3) Healthcare England shall be independent of any provider of national health or social care services or of any Regulator of health or social care or of any other body established by this Act or otherwise.

(4) The Board of Healthwatch England shall consist of a chair appointed by the Secretary of State and no more than sixteen members to be appointed by the Secretary of State of whom eight shall be chosen from nominations obtained from Local Healthwatch organisations as constituted under section 179 and terms and conditions of appointment of the chair and members of the Board of Healthwatch England shall be determined by the Secretary of State.

(5) The Chief Executive of Healthcare England shall be appointed in the first instance by the Secretary of State and thereafter by the Board of Healthwatch England and shall be an employee of the Board of Healthwatch England and of no other National Health Service provider or any body established under this Act and terms and conditions of the chief executive officer shall be determined by the Secretary of State.

(6) The Board of Healthwatch England shall appoint such other staff on terms and conditions as it considers appropriate and such staff shall be employees of the Board of Healthwatch England and no of other health service provider or of any body established under this Act.”

Clause 179

LORD WHITTY

LORD LOW OF DALSTON

318BA

Page 178, line 22, at end insert—

“( ) In section 221 (health services and social services: local involvement networks) for subsection (1) substitute—

“(1) The Local Healthwatch organisation established under section 220A shall carry out the activities mentioned in subsection (2) in such manner as it deems fit, subject to any directions from Healthwatch England.”.”

LORD WHITTY

318BB

Page 178, line 36, leave out subsection (9)

318BC

Page 179, line 8, leave out subsection (12)

After Clause 179

LORD WHITTY

318C

Insert the following new Clause—

“Powers of Healthwatch England

(1) Healthwatch England shall have powers of investigation as prescribed in subsections (2) and (3) and powers to require disclosure of information as prescribed in subsection (4).

(2) Healthwatch England may investigate—

(a) a complaint made by or on behalf of a patient or user or a local Healthwatch organisation which appears to the Board to raise one or more issues of general relevance; and

(b) any matter which appears to the Board of Healthwatch UK to be or be related to a problem which affects or may affect patients or users generally or patients or users of a particular description.

(3) For the purpose of subsection (3) a complaint raises an issue of general relevance if it raises—

(a) a novel issue which affects or may affect patients or users in general or patients or users of a particular description, or

(b) any other issue which has or may have an important effect on patients or users generally or patients or users of a particular description.

(4) Healthwatch England may by notice require a person within subsection (5) to supply it with such information as is specified or described in the notice within a reasonable period as is so specified and the information so specified or described must be information that Healthwatch England requires for the purpose of exercising its function.

(5) The persons referred to in subsection (4) are—

(a) any provider of health or social care services licensed by the Care Quality Commission and Monitor under the provisions of this Act;

(b) the National Health Service Commissioning Board;

(c) Monitor;

(d) Care Quality Commission;

(e) any other person specified or of a description specified by the Secretary of State.

(6) If a person within subsection (5) fails to comply with a notice under subsection (4) the person must if so required give notice to Healthwatch England of the reason for the failure and if that reason for failure is not acceptable to the Board of Healthwatch England then the Board of Healthwatch England may take steps to publish the notice and the reasons for failure provided or to seek enforcement of the said notice through the courts.”

318D

Insert the following new Clause—

“Functions of Healthwatch England

(1) The Board of Healthwatch England shall take steps to ensure the organisation can perform the following functions—

(a) an information function to acquire information on matters of concern to patients and users,

(b) a research function to analyse such information and produce reports, and

(c) a representation function to where appropriate make representations to persons prescribed in subsection (2).

(2) Persons prescribed for the purposes of subsection (1)(c) are—

(a) any person supplying services to the National Health Service or social care services,

(b) Monitor,

(c) Care Quality Commission,

(d) any other person specified or of a description specified by the Secretary of State,

(e) the Secretary of State.”

BARONESS CUMBERLEGE

318E

Insert the following new Clause—

“Opinion of Local Healthwatch organisations on commissioning plans

(1) A relevant local Healthwatch organisation—

(a) must give the NHS Commissioning Board its opinion on whether a plan published by a clinical commissioning group under section 14Z9(4) or 14Z10(2) of the National Health Service Act 2006 takes proper account of evidence from the Local Healthwatch organisation, and

(b) must give the clinical commissioning group a copy of its opinion.

(2) In this section, “evidence” shall mean such views as are known to, or such reports and recommendations as are published by the Local Healthwatch organisation, within the meaning of section 221(2)(d) of the Local Government and Public Involvement in Health Act 2007, at the start of the period to which the plan relates.”

Schedule 15

LORD ROOKER

LORD HARRIS OF HARINGEY

319

Page 399, line 26, after “appointment” insert “and election”

Clause 180

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS TYLER OF ENFIELD

320

Page 179, line 14, at end insert—

“(1A) In subsection (2)(a), (b) and (c) after “people” insert “, including children,”.”

BARONESS CUMBERLEGE

320ZA

Page 179, line 14, at end insert—

“( ) For subsection (1) substitute—

“(1) Unless a Local Healthwatch organisation decides to make its own arrangements, A must make arrangements for securing that the Local Healthwatch organisation for its area has the services, staff and accommodation, including such administration, maintenance, cleaning and other services as may be necessary for such accommodation, as may be necessary to enable it to perform its functions effectively.

(1A) A shall, in respect of each financial year, pay to the Local Healthwatch organisation for its area sums equal to the amounts which it has approved as the amounts of expenditure which it considers may reasonably be incurred by the Local Healthwatch organisation in that year for the purpose of performing its functions.”

( ) In subsection (2) for “activities” substitute “functions of a Local Healthwatch organisation”.”

LORD WHITTY

320A

Page 179, line 16, leave out “the”

320B

Page 179, line 17, leave out “committee of the Care Quality Commission”

320C

Page 179, line 23, leave out “the”

320D

Page 179, line 24, leave out “committee of the Care Quality Commission”

320E

Page 179, line 25, leave out “that committee” and insert “Healthwatch England”

320F

Page 179, line 29, leave out “that committee” and insert “Healthwatch England”

LORD ROOKER

LORD HARRIS OF HARINGEY

321

Page 179, line 39, at end insert—

“( ) The Secretary of State shall by regulations make provision requiring Healthwatch England to make arrangements under this section for members of local Healthwatch to have indemnity cover against the risk of a claim arising out of the carrying out of their duties in local Healthwatch organisations.”

Clause 181

LORD WHITTY

321A

Page 179, line 41, leave out subsection (1) and insert—

“(1) Omit section 222 of the Local Government and Public Involvement in Health Act 2007.”

321B

Page 180, line 1, leave out subsections (2) to (11)

BARONESS CUMBERLEGE

321C

Page 180, line 4, leave out “activities” and insert “its functions”

LORD ROOKER

LORD HARRIS OF HARINGEY

322

Page 180, line 16, at end insert—

“( ) Local Healthwatch is not to be regarded as a servant or agent of A”

BARONESS CUMBERLEGE

322A

Page 180, line 23, leave out paragraphs (a) and (b) and insert—

“(a) after “which” insert “include—

(a) prescribed provision relating to the way in which certain decisions of a local authority in relation to the arrangements are to be taken; and

(b) provision that arrangements made under section 221(1) (local authority arrangements) must—

(i) include prescribed provision, or

(ii) require prescribed provision to be included in local Healthwatch organisation arrangements.”;

(b) for “local involvement network arrangements” substitute “Local Healthwatch organisation arrangements”.”

Clause 182

LORD ROOKER

LORD HARRIS OF HARINGEY

323

Page 181, line 4, after “appropriate” insert “in relation to the needs of people”

LORD RIX

LORD WIGLEY

VISCOUNT TENBY

324

Page 181, line 5, at end insert “ensuring that there is no upper limit on the length and type of advocacy support that may be provided”

LORD ROOKER

LORD HARRIS OF HARINGEY

325

Page 181, line 12, at end insert—

“( ) a complaint under section 114(1) and (2) of the Health and Social Care Act (Community Care and Standards) 2003”

326

Page 181, line 26, leave out subsection (4)

Clause 183

LORD ROOKER

LORD HARRIS OF HARINGEY

327

Page 183, line 7, at end insert—

“(4A) In section 224(2)(c) of the Local Government and Public Involvement Act for “Primary Care Trusts” substitute “Clinical Commissioning groups”.”

Clause 184

LORD WHITTY

327ZA

Page 183, line 31, leave out “and a local authority”

After Clause 186

BARONESS BAKEWELL

BARONESS FINLAY OF LLANDAFF

327ZB

Insert the following new Clause—

“Commissioner for older people

Commissioner for older people

(1) The Secretary of State shall, by order, establish an Office of Commissioner for Older People in England.

(2) The general functions of the Commissioner shall be to consult with and garner the opinions of older people, and to represent those opinions in all arenas of public discourse including Parliament.

(3) Particular functions of the Commissioner shall be to—

(a) monitor, on behalf of older people, all law, policy and practice relating to their health and social care;

(b) commission and publish research into the provision of health and social care services to older people;

(c) commission and publish research into health and social care outcomes for older people in comparison with other sectors of society;

(d) act on behalf of older people in promoting best practice by providers of health and social care services.

(4) The Commissioner must encourage the involvement of older people in the work of the Commissioner.

(5) The Commissioner must, in particular, take reasonable steps to—

(a) ensure that older people are made aware of the functions of the Commissioner and how the Commissioner may be contacted;

(b) consult older people on the work to be undertaken by the Commissioner; and

(c) consult organisations working with and for older people on the work to be undertaken by the Commissioner.”

Clause 187

EARL HOWE

327ZC

Page 188, line 15, at end insert—

“( ) In subsection (5), for “this section, section 245 and section 246” substitute “this section and section 245”.”

Clause 188

EARL HOWE

327ZD

Page 188, line 46, at end insert—

“( ) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for “relevant functions of the committee” substitute “relevant functions exercisable by the committee”.”

327ZE

Page 189, line 25, at end insert “and

(b) omit the words from “and as if” to the end of the subsection.”

327ZF

Page 189, line 31, at end insert—

“(12A) Omit section 247A (application to local authorities without overview and scrutiny committees).”

327ZG

Page 189, line 32, leave out from “(2)” to “of” in line 33 and insert “, (6), (10), (12)(a) and (12A), paragraphs 75(2), 76, 77(2) and (5)(a) and 78”

Clause 189

BARONESS FINLAY OF LLANDAFF

327A

Page 190, line 19, at end insert—

“( ) involve allied health professionals who work in that area;”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

327B

Page 190, line 20, at end insert—

“( ) consult and work with education or children’s services;”

327C

Page 190, line 24, leave out from “group” to end of line 25 and insert “must consult with persons with experience of delivering relevant health services giving particular regard to health professionals who work with children or vulnerable adults”

Clause 190

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

328

Page 190, line 44, at end insert—

“( ) The assessment must include an examination of the levels of hazardous, harmful and dependent alcohol use in the local population.”

BARONESS FINLAY OF LLANDAFF

328A

Page 191, line 20, after “authority,” insert—

“( ) involve allied health professionals who work in that area,”

BARONESS TYLER OF ENFIELD

BARONESS JOLLY

BARONESS BARKER

LORD CLEMENT-JONES

328B

Page 191, line 20, after “authority,” insert—

“(aa) have regard to the assessment of housing needs undertaken by the local planning authority,”

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

329

Page 191, line 21, at end insert—

“( ) involve representatives from alcohol services”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

329A

Page 191, line 21, at end insert—

“( ) consult and work with education or children’s services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

THE EARL OF LISTOWEL

330

Page 191, line 25, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

330ZA

Page 191, line 29, at end insert “, including how such integration could be supported by the involvement of allied health professionals”

BARONESS WHEELER

LORD BEECHAM

330ZB*

Page 191, line 29, at end lnsert—

“( ) The responsible local authority must publish an integrated commissioning plan based on the strategy for meeting the needs identified in the joint strategic needs assessment.

( ) Regulations shall provide for the content of the integrated commissioning plan, but this shall include how commissioning of health related services, public health services and social care services shall be integrated and the outcomes to be achieved.

( ) The responsible local authority must publish the integrated commissioning plan prepared by it under this section.

( ) The commissioning plans of every partner clinical commissioning group and of the National Commissioning Board so far as they apply to the area of the local authority must have regard to the integrated plan.”

BARONESS TYLER OF ENFIELD

BARONESS JOLLY

BARONESS BARKER

LORD CLEMENT-JONES

330ZAA

Page 191, line 44, after “functions,” insert—

“( ) an assessment of the needs of areas of disadvantage and of inequalities which exist,”

Clause 191

BARONESS WHEELER

LORD BEECHAM

330ZAB*

Page 192, line 14, leave out paragraph (a) and insert—

“( ) at least eight councillors nominated in accordance with subsection (3) and preserving the political balance of the local authority,”

BARONESS WILKINS

BARONESS FINLAY OF LLANDAFF

LORD LOW OF DALSTON

330A

Page 192, line 20, at end insert—

“( ) a representative of education providers for persons resident in the area of the local authority, including maintained schools, city technology colleges, city college for technology or the arts, and Academy schools,”

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

330B

Page 192, line 21, at end insert—

“( ) a representative of community pharmacy,”

LORD RAMSBOTHAM

330C

Page 192, line 21, at end insert—

“( ) a representative of the probation service,

( ) a representative of the police,”

BARONESS FINLAY OF LLANDAFF

330D

Page 192, line 21, at end insert—

“( ) a representative of an allied health professional organisation,”

330E

[Withdrawn]

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

330F

Page 192, line 21, at end insert—

“( ) at least one representative of a community organisation which delivers opportunities for physical activity,”

BARONESS FINLAY OF LLANDAFF

LORD BROOKE OF ALVERTHORPE

LORD WIGLEY

BARONESS HOLLINS

331

Page 192, line 23, at end insert—

“( ) a representative from alcohol and drugs service”

LORD BEECHAM

BARONESS THORNTON

331A

Page 192, line 23, at end insert—

“( ) in the case of two-tier local government areas, a representative of district councils”

BARONESS JOLLY

BARONESS TYLER OF ENFIELD

BARONESS BARKER

LORD CLEMENT-JONES

331AA

Page 192, line 23, at end insert—

“(h) a representative of designated health professionals for safeguarding”

BARONESS WHEELER

LORD BEECHAM

331AAA*

Page 192, line 42, at end insert—

“( ) Only the elected councillors shall vote on any matter to be decided by the Health and Wellbeing Board.”

Clause 192

BARONESS JOLLY

BARONESS TYLER OF ENFIELD

BARONESS BARKER

LORD CLEMENT-JONES

331AB

Page 193, line 30, leave out “encourage” and insert “mandate”

BARONESS FINLAY OF LLANDAFF

331B

Page 193, line 31, after “services” insert “, including allied health professionals,”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

331C

Page 193, line 31, after “services” insert “and education or children’s services”

LORD WARNER

LORD PATEL

BARONESS MURPHY

BARONESS PITKEATHLEY

332

Page 193, line 31, leave out “an integrated manner” and insert “a manner that integrates the delivery of services to individuals”

BARONESS GREENGROSS

332A

Page 193, line 32, at end insert “and, where appropriate, encourage the joint commissioning of health and social care services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

333

Page 193, line 37, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

333A

Page 193, line 38, after “services” insert “, including allied health professionals,”

LORD RAMSBOTHAM

BARONESS WILKINS

BARONESS HOWE OF IDLICOTE

333B

Page 193, line 38, after “services” insert “or education or children’s services”

BARONESS MASSEY OF DARWEN

BARONESS FINLAY OF LLANDAFF

334

Page 193, line 40, leave out “may” and insert “must”

BARONESS FINLAY OF LLANDAFF

334A

Page 193, line 41, after “services” insert “, including allied health professionals,”

LORD WARNER

LORD PATEL

BARONESS MURPHY

335

Page 194, line 7, at end insert—

““integration” means the integration of the assessment and delivery of health and social care services to individuals that benefits their treatment and care;”

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 192 stand part of the Bill

After Clause 192

BARONESS WHEELER

LORD BEECHAM

335A*

Insert the following new Clause—

“Functions of Health and Wellbeing Boards as to clinical commissioning groups’ commissioning plans

All commissioning plans prepared by a clinical commissioning group as set out in section 14Z9 of the National Health Service Act 2006 must be agreed by the relevant Health and Wellbeing Board.”

Clause 193

LORD WARNER

BARONESS MURPHY

BARONESS THORNTON

LORD PATEL

336

Page 194, line 17, at end insert—

“( ) A local authority may agree with the National Commissioning Board that a Health and Wellbeing Board that the authority has established may assume responsibility for some or all of the functions (and associated funding) of a clinical commissioning group where such a group agrees that this is in the best interests of patients, particularly where it improves the integration of service delivery for individuals.”

LORD BEECHAM

BARONESS WHEELER

336A

Page 194, line 22, at end insert—

“(5) A Health and Wellbeing Board shall be entitled to make a referral for investigation relating to any services which have been provided as part of the health service under this Act related to any who is or has been person in the area for which a Health and Wellbeing Board functions or which services, in the opinion of the Health and Wellbeing Board ought to be provided as part of the health service under this Act.

(6) A referral for investigation shall be made by a Health and Wellbeing Board to the body that they understand is the commissioner of the relevant services or would commission the services if provided as part of the health service under this Act.

(7) Where a commissioner of health services receives a referral under subsection (5), the commissioner shall undertake a prompt and comprehensive investigation into all matters which are relevant to the referral and shall report its findings in writing to the relevant Health and Wellbeing Board within 28 days or within such longer period as shall be agreed by the Health and Wellbeing Board.

(8) In the event that the commissioner of health services to whom a referral has been made under subsection (5) hereof is not the commissioner of all or part of the services relevant to the referral, the commissioner of health services to whom the referral has been made shall pass all relevant details of the referral to such other commissioner of health services as it considers is the appropriate commissioner of health services, whereupon that commissioner of health services shall be obliged to investigate and report to the Health and Wellbeing Board within 28 days of receiving the referral or within such longer period as shall be agreed by the Health and Wellbeing Board.

(9) In this section “commissioner of services” shall mean the Board, Clinical Commissioning Group or other body under this Act which has made or would make arrangements for the relevant services to be provided or, if there is no such body which has made arrangements, is the body which will meet all or part of the cost of the provision of the said services.

(10) Subject to subsection (11), all reports provided under subsection (7) shall be published by the Health and Wellbeing Board in such a manner as the Health and Wellbeing Board consider appropriate.

(11) All publicly available copies of reports provided under subsection (7) hereof shall have details of individual patients anonymised in such a way as the commissioner of services considers appropriate to protect the confidentiality of any patient who desires to maintain confidentiality, and shall also have the details of any other person anonymised where this is necessary to protect a legal right to confidentiality.”

Clause 196

BARONESS WHEELER

LORD BEECHAM

336AA*

Page 195, line 15, at beginning insert—

“( ) A Health and Wellbeing Board may, for the purpose of enabling it to perform its functions, request information from any relevant clinical commissioning group or the National Commissioning Board in order that the progress toward achieving the outcomes set out in the integrated commissioning plan can be assessed.”

LORD LOW OF DALSTON

336B

Page 195, line 15, after “may” insert “subject to subsection (5)”

336C

Page 195, line 31, at end insert—

“(5) No request under subsection (1) may be made in any form that would require information to be given where to give it in that form would require personal data within the meaning of the Data Protection Act 2000 to be supplied.”

After Clause 198

BARONESS FINLAY OF LLANDAFF

LORD WALTON OF DETCHANT

LORD WIGLEY

337

Insert the following new Clause—

“Health Service Ombudsman for England and Health Service Ombudsman for Wales

All patients receiving care from an organisation that receives any funding from the NHS shall have the right of complaint to the relevant health service ombudsman.”

After Clause 202

LORD CLEMENT-JONES

BARONESS JOLLY

BARONESS BARKER

BARONESS TYLER OF ENFIELD

337A

Insert the following new Clause—

“Power to regulate pharmacists

(1) The Medicines Act 1968 is amended as follows.

(2) After section 58(6) there is inserted—

“(7) Subsection (2)(a) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(8) The activity under subsection (7) shall be regulated by the General Pharmaceutical Council.

(9) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (S.I. 2010/231) in relation to a person who performs an activity referred to in subsection (7).”

(3) After section 64(5)(b) there is inserted—

“(6) Subsection (1) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and that person selling or supplying the product, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(7) The activity under subsection (6) shall be regulated by the General Pharmaceutical Council.

(8) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (S.I. 2010/231) in relation to a person who performs an activity referred to in subsection (6).”

(4) After section 85(5) there is inserted—

“(6) Subsection (1)(a) to (c) does not apply to the sale or supply of a medicinal product by a person lawfully conducting retail pharmacy business where the sale or supply is in accordance with a prescription and that person selling or supplying the product, having exercised all due diligence, believes on reasonable grounds that those requirements have been fulfilled.

(7) The activity under subsection (1) shall be regulated by the General Pharmaceutical Council.

(8) The General Pharmaceutical Council may take what steps it considers necessary under section 6(1) of The Pharmacy Order 2010 (SI 2010/231) in relation to a person who performs an activity referred to in subsection (6).”.”

Clause 205

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 205 stand part of the Bill.

After Clause 205

BARONESS EMERTON

LORD PATEL

LORD WARNER

BARONESS MASHAM OF ILTON

338

Insert the following new Clause—

“Power to regulate health care support workers in England

(1) The Nursing and Midwifery Order 2001 (S.I. 2002/253) shall be amended to provide that all health care support workers in England shall be registered by the Nursing and Midwifery Council and regulated in accordance with the terms of that order.

(2) For the purposes of subsection (1), a health care support worker shall be an individual whose work is routinely delegated to them by a registered nurse or midwife or has a qualification in health and social care at level one (or higher) of the Qualifications and Credit Framework, in England.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

338ZA

Insert the following new Clause—

“Power to regulate clinical physiologists in England

(1) Section 60 of the Health Act 1999 (regulation of health care professions) is amended as follows.

(2) In subsection (1) after paragraph (b) insert—

“(ba) regulating the clinical physiology profession in England,”.

(3) In that section, after paragraph (bb) insert—

“(bc) regulating clinical physiologists in England who appear to require regulation in pursuance of this section,”.”

338ZB

Insert the following new Clause—

“Requirement for clinical physiologists in England to be registered

(1) The Health Professions Council is required to keep a register of clinical physiologists in England.

(2) A person may not practise as a clinical physiologist in England unless the person is registered in that part of the register maintained by the Health Professions Council.”

Clause 206

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 206 stand part of the Bill.

Clause 208

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 208 stand part of the Bill.

Clause 209

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 209 stand part of the Bill.

Clause 210

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 210 stand part of the Bill.

Clause 211

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

338A

Page 210, line 29, leave out “Care” and insert “Social Worker”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 211 stand part of the Bill.

After Clause 211

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

338B

Insert the following new Clause—

“Establishment by the Health Professions Council of the Social Worker Professions Committee

(1) The Council shall establish a statutory committee to be known as the Social Worker Professions Committee.

(2) The functions of the Committee will be to oversee the work of the Council in relation to the regulation of social worker professions.

(3) The Secretary of State may by order confer further functions on the Social Worker Professions Committee.”

LORD HUNT OF KINGS HEATH

LORD LOW OF DALSTON

338C

Insert the following new Clause—

“Appointment by the Health Professions Council of Director of Social Worker Professions Regulation

(1) The Council shall appoint a Director of Social Worker Professions Regulator who shall hold office for such period and on such terms as the Council may determine.

(2) The Director shall have such functions as may be conferred by order.

(3) The Director shall have such other functions as the Council may determine.”

338D

Insert the following new Clause—

“Appointment to the Health Professions Council of social workers

The Secretary of State shall appoint at least two registered social workers to the Council.”

338E

[Withdrawn]

Clause 212

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

BARONESS WHEELER

338F

Page 211, line 7, at end insert—

“(viii) the regulation of clinical physiology in England, and

(ix) the provision, supervision or management of services of persons engaged in clinical physiology in England.”

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 212 stand part of the Bill.

Clause 213

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 213 stand part of the Bill.

After Clause 217

LORD PATEL

BARONESS FINLAY OF LLANDAFF

LORD WARNER

BARONESS CUMBERLEGE

339

Insert the following new Clause—

“Public health specialists

(1) In section 25 of the National Health Service Reform and Health Care Professions Act 2002, in subsection (3) (regulatory bodies regulated by the Council for the regulation of health care professionals), insert—

“(k) those statutory bodies responisible for the regulation of public health specialists including those from backgrounds other than medicine;

(l) where a statutory register for public health specialists from backgrounds other than medicine does not exist, such a register shall be established by the Health Professions Council.”

(2) In this Act “registered public health specialists” means a person recognised as such on a register maintained by those statutory bodies responsible for the regulation of public health specialists, including those from backgrounds other than medicine.”

BARONESS FINLAY OF LLANDAFF

339ZA

Insert the following new Clause—

“Statutory registration

(1) The Health Professions Council shall establish a statutory register of Physicians’ Assistants (Anaesthesia) and other healthcare professional as the Secretary of State may by order specify.

(2) In this Act “registered Physicians’ Assistant (Anaesthesia)” means a person recognised as such on a register maintained by the statutory body responsible for the regulation of Physicians’ Assistants (Anaesthesia).”

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

BARONESS WHEELER

339ZB

Insert the following new Clause—

“Regulation of clinical physiologists

(1) The Health Professions Order 2011 (S.I. 2002/254) is amended as follows.

(2) In Schedule 3 (interpretation), in paragraph 1, in the definition of “relevant professions”, at the appropriate place insert “clinical physiologists in England”.

(3) In that paragraph, at the appropriate place insert—

““Clinical physiologists in England” means a member of the clinical physiology profession in England and references to clinical physiology in England are to be construed accordingly.””

Clause 218

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 218 stand part of the Bill.

Clause 219

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 219 stand part of the Bill.

Clause 220

LORD HUNT OF KINGS HEATH

BARONESS MEACHER

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 220 stand part of the Bill.

Clause 225

BARONESS MASHAM OF ILTON

339A

Page 224, line 46, leave out “voluntary”

339B

Page 224, line 47, leave out “voluntary”

LORD LOW OF DALSTON

LORD HUNT OF KINGS HEATH

339BZA

Page 225, line 2, at end insert—

“(ba) unregulated rehabilitation officers for the blind in England;”

LORD RAMSBOTHAM

339BA

Page 225, line 17, leave out from “regulates” to end of line 18

BARONESS MASHAM OF ILTON

339C

Page 225, line 26, leave out “voluntary”

339D

Page 225, line 29, leave out “voluntary”

LORD RAMSBOTHAM

339DA

Page 225, line 42, leave out from “body” to end of line 43

BARONESS MASHAM OF ILTON

339E

Page 226, line 14, leave out “Voluntary”

339F

Page 226, line 25, leave out “voluntary”

BARONESS EMERTON

LORD PATEL

340

Page 226, line 42, at end insert—

“(c) to which section 205A(2) does not apply”

BARONESS MASHAM OF ILTON

340A

Page 227, line 17, leave out “voluntary”

Clause 226

BARONESS MASHAM OF ILTON

340B

Page 227, line 39, leave out “voluntary”

340C

Page 227, line 40, leave out “voluntary”

340D

Page 228, line 9, leave out “voluntary”

340E

Page 228, line 15, leave out “voluntary”

340F

Page 228, line 24, leave out “Voluntary”

340G

Page 228, line 25, leave out “voluntary”

340GA

[Withdrawn]

340GB

[Withdrawn]

340GC

[Withdrawn]

340H

Page 229, line 4, leave out “voluntary”

BARONESS MASHAM OF ILTON

340J

Page 229, line 9, leave out “voluntary”

340K

Page 229, line 10, leave out “voluntary”

340L

Page 229, line 13, leave out “voluntary”

340M

Page 229, line 14, leave out “voluntary”

340N

Page 229, line 17, leave out “voluntary”

340P

Page 229, line 19, leave out “voluntary”

340Q

Page 229, line 20, leave out “voluntary”

340R

Page 229, line 25, leave out “voluntary”

340S

Page 229, line 27, leave out “voluntary”

340T

Page 229, line 31, leave out “voluntary”

340U

Page 229, line 37, leave out “voluntary”

340V

Page 230, line 27, leave out “voluntary”

Clause 230

LORD PATEL

LORD WARNER

341

Page 231, line 36, leave out “the desirability of”

Clause 231

LORD WARNER

LORD PATEL

342

Page 232, line 11, leave out “may direct NICE to prepare statements of standards” and insert “shall each year agree with NICE a programme of clinical quality standards to be completed or revised”

LORD PATEL

LORD WARNER

343

Page 232, line 13, at end insert “including for patients with long term conditions,”

BARONESS ROYALL OF BLAISDON

BARONESS THORNTON

343A

Page 232, line 16, at end insert—

“( ) NICE must prepare those quality standards that it has been directed to do so by the relevant commissioner at the date of the passing of this Act within 6 months and no later than 1 October 2012.”

343B

[Withdrawn]

Clause 234

LORD WARNER

LORD PATEL

BARONESS THORNTON

344

Page 234, line 8, at end insert—

“( ) The Secretary of State shall by regulations continue the responsibility of NICE to assess the cost-effectiveness to the health service of new pharmaceutical products until this matter is incorporated in a system of quality standards as provided for in section 231.”

Clause 236

LORD PATEL

LORD WARNER

 

The above-named Lords give notice of their intention to oppose the Question that Clause 236 stand part of the Bill.

Clause 240

EARL HOWE

344A

Page 237, line 23, leave out “its functions” and insert “any function it has under or by virtue of any other provision of this Part”

Clause 246

EARL HOWE

344B

Page 239, line 16, after “Consultation” insert “with any person”

Schedule 18

EARL HOWE

344C

Page 420, leave out lines 22 to 26

Clause 247

LORD PATEL

LORD WARNER

345

Page 240, line 7, leave out “may” and insert “shall”

LORD WARNER

LORD PATEL

346

Page 240, line 7, leave out “may prepare and” and insert “shall”

347

Page 240, line 8, at end insert “governing the collection, processing and dissemination of information.”

347A

Page 240, line 10, leave out “in relation to the processing of information” and insert “for the efficient and effective collection, processing and dissemination of information that benefits the commissioning and provision of health and adult social care services, helps improve public health and wellbeing, enables the public to be informed about the quality and performance of those services and to exercise informed choice by ensuring maximum transparency of dissemination”

Clause 250

LORD WARNER

LORD PATEL

348

Page 241, line 33, at end insert—

“( ) the need for a publicly available independent audit of their processes in each 3 year period.”

Clause 251

EARL HOWE

348ZA

Page 242, line 38, at end insert—

“( ) The Information Centre may charge the Board a reasonable fee in respect of the cost of complying with a direction given by the Board under subsection (1).”

Clause 255

LORD KENNEDY OF SOUTHWARK

BARONESS YOUNG OF OLD SCONE

LORD COLLINS OF HIGHBURY

BARONESS MASHAM OF ILTON

348A

Page 244, line 31, at end insert—

“(c) require any person mentioned in subsection (2) to provide it with any information necessary for the national clinical audits”

LORD WALTON OF DETCHANT

348B

Page 245, line 14, at end insert—

“(9) The powers under this section do not apply to information which falls within Section 256(2)(b).”

Clause 256

EARL HOWE

348BA

Page 245, line 18, leave out “the following provisions of this section” and insert “subsection (3)”

Clause 259

EARL HOWE

348BB

Page 247, line 31, leave out “other”

348BC

Page 247, line 32, leave out “other”

Clause 264

EARL HOWE

348BD

Page 249, line 37, leave out “its functions” and insert “any function it has under or by virtue of any other provision of this or any other Act”

Schedule 20

EARL HOWE

348BE

Page 427, line 16, at end insert—

“Health and Social Care Act 2008 (c.14)

In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)—

(a) omit the “or” after paragraph (d), and

(b) after paragraph (e) insert “, or

(f) the Health and Social Care Information Centre.””

348BF

Page 427, leave out lines 27 to 31

Clause 274

BARONESS FINLAY OF LLANDAFF

348C

Page 252, line 20, at end insert—

“( ) The National Information Governance Committee shall appoint a chairman from within its membership who shall report to the Information Commissioner.”

Clause 275

LORD HUNT OF KINGS HEATH

BARONESS THORNTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 275 stand part of the Bill.

Before Clause 278

BARONESS MURPHY

349

Insert the following new Clause—

“Mental Health Act: members of Parliament

Repeal of section 141 of the Mental Health Act 1983

Section 141 of the Mental Health Act 1983 (members of Parliament suffering from mental illness) is repealed.”

Clause 285

LORD MARKS OF HENLEY-ON-THAMES

BARONESS WILLIAMS OF CROSBY

350

Page 259, line 42, after “duty” insert “or are otherwise in conflict with each other or at significant risk of being in conflict with each other”

351

Page 260, line 22, at end insert “or may require one or more of the bodies concerned to exercise specified functions in a specified manner”

BARONESS FINLAY OF LLANDAFF

 

Baroness Finlay of Llandaff gives notice of her intention to oppose the Question that Clause 285 stand part of the Bill.

Clause 294

BARONESS FINLAY OF LLANDAFF

351A

Page 264, line 43, leave out “transfer” and insert “occupation”

351B

Page 265, line 4, leave out first “transfer” and insert “occupation”

351C

Page 265, line 4, leave out “transfer from” and insert “occupation of any property by”

351D

Page 265, line 5, leave out from “23” to second “a” in line 7 and insert “or”

351E

Page 265, line 15, leave out first “transfer” and insert “occupation”

EARL HOWE

352

Page 265, line 28, after “means” insert “—

(a) ”

353

Page 265, line 30, at end insert “, or

(b) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State.”

Clause 300

BARONESS THORNTON

LORD BEECHAM

353ZZA

Page 270, line 24, at end insert—

“( ) section (health special administration);”

BARONESS THORNTON

LORD HUNT OF KINGS HEATH

353ZA

Page 270, line 34, at end insert—

“( ) Section 30 comes into force in accordance with section 30(3).”

Clause 301

BARONESS MASHAM OF ILTON

353A

Page 272, line 1, leave out “voluntary”

353B

Page 272, line 3, leave out “voluntary”

After Clause 301

LORD KAKKAR

LORD PATEL

354

Insert the following new Clause—

“Review of the operation of the Act

(1) Annually, the Secretary of State shall review the operation of this Act, publish a report on the review and lay the report before Parliament.

(2) If required by a Committee of either House, the Secretary of State must make available to both Houses of Parliament information necessary for the operation of this Act to be scrutinised.”

Prepared 14th December 2011