Health and Social Care Bill

Page 188, line 15, at end insert—

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

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”.”

Page 189, line 25, at end insert “and

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

Page 189, line 31, at end insert—

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

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”

Page 190, line 19, at end insert—

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

Page 190, line 20, at end insert—

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

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”

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.”

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

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

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

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

Page 191, line 21, at end insert—

“( ) involve representatives from alcohol services”

Page 191, line 21, at end insert—

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

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

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

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.”

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

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

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,”

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,”

Page 192, line 21, at end insert—

“( ) a representative of community pharmacy,”

Page 192, line 21, at end insert—

“( ) a representative of the probation service,

( ) a representative of the police,”

Page 192, line 21, at end insert—

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

[Withdrawn]

Page 192, line 21, at end insert—

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

Page 192, line 23, at end insert—

“( ) a representative from alcohol and drugs service”

Page 192, line 23, at end insert—

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

Page 192, line 23, at end insert—

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

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.”

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

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

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

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

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

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

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

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

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

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

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;”

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

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.”

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.”

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.”

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.”

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

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.”

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.”

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).”.”

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

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.”

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,”.”

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.”

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

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

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

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

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.

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.”

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.”

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.”

[Withdrawn]

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.”

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

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

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.”

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).”

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.””

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

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

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

Page 224, line 46, leave out “voluntary”

Page 224, line 47, leave out “voluntary”

Page 225, line 2, at end insert—

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

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

Page 225, line 26, leave out “voluntary”

Page 225, line 29, leave out “voluntary”

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

Page 226, line 14, leave out “Voluntary”

Page 226, line 25, leave out “voluntary”

Page 226, line 42, at end insert—

“(c) to which section (Power to regulate health care support workers in England) (2) of the Health and Social Care Act 2011 does not apply”

Page 227, line 17, leave out “voluntary”

Page 227, line 39, leave out “voluntary”

Page 227, line 40, leave out “voluntary”

Page 228, line 9, leave out “voluntary”

Page 228, line 15, leave out “voluntary”

Page 228, line 24, leave out “Voluntary”

Page 228, line 25, leave out “voluntary”

[Withdrawn]

[Withdrawn]

[Withdrawn]

Page 229, line 4, leave out “voluntary”

Page 229, line 9, leave out “voluntary”

Page 229, line 10, leave out “voluntary”

Page 229, line 13, leave out “voluntary”

Page 229, line 14, leave out “voluntary”

Page 229, line 17, leave out “voluntary”

Page 229, line 19, leave out “voluntary”

Page 229, line 20, leave out “voluntary”

Page 229, line 25, leave out “voluntary”

Page 229, line 27, leave out “voluntary”

Page 229, line 31, leave out “voluntary”

Page 229, line 37, leave out “voluntary”

Page 230, line 27, leave out “voluntary”

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

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”

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

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.”

[Withdrawn]

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.”

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

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”

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

Page 420, leave out lines 22 to 26

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

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

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

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”

Page 241, line 33, at end insert—

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

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).”

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”

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).”

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

Page 247, line 31, leave out “other”

Page 247, line 32, leave out “other”

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”

Page 427, line 16, at end insert—

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.””

Page 427, leave out lines 27 to 31

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.”

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

Insert the following new Clause—

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.”

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”

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

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

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

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

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

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

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

(a) ”

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.”

Page 270, line 24, at end insert—

“( ) section (health special administration);”

Page 270, line 34, at end insert—

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

Page 272, line 1, leave out “voluntary”

Page 272, line 3, leave out “voluntary”

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.”