Health and Social Care Bill
TO BE MOVED
[Supplementary to the Fifth Marshalled List]
LORD MARKS OF HENLEY-ON-THAMES
BARONESS TYLER OF ENFIELD
Page 87, line 30, at end insert—
“(aa) is to continue to operate in accordance with the provisions of Article 106 of the Treaty of the Functioning of the European Union as set out in section (Service of general economic interest).”
Page 119, line 19, leave out subsection (1) and insert—
“(1) Where Monitor is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, Monitor may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk.
(1A) The circumstances in which Monitor may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing—
(a) to secure compliance with conditions in the trust’s licence, or
(b) to take steps to reduce the risk of a breach of a condition in the trust’s licence.”
Page 119, line 28, leave out from “notice” to end of line 32 and insert “require the trust to—”
Page 119, line 39, leave out from “has” to end of line 43 and insert “failed or is failing to comply with a notice under subsection (4), Monitor may do one or more of the things which it may require the trust to do under that subsection.”
Page 120, line 1, leave out from “exercising” to end of line 3 and insert “in relation to a condition included in a licence under subsection (1) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect).”
Page 120, line 20, leave out subsections (1) to (6) and insert—
“(1) Section 111 ceases to have effect in relation to an NHS foundation trust on such day as the Secretary of State may by order specify.
(2) Different days may be appointed in relation to different NHS foundation trusts.
(3) A day specified under subsection (1) must not—
(a) in the case of an NHS foundation trust authorised on or before 1 April 2014, be before 1 April 2016;
(b) in the case of an NHS foundation trust authorised after 1 April 2014, be before the end of the period of two years beginning with the day on which the trust was authorised.”
Page 121, line 11, leave out paragraph (a)
Page 121, line 22, leave out from “112” to “, the” in line 23
Page 121, line 42, leave out subsections (6) to (11) and insert—
“(6) The Secretary of State, having received a notification under subsection (4)(c), must review Monitor’s determination under subsection (4)(b).”
Page 122, line 32, leave out paragraph (e)
Page 159, line 42, at end insert—
“( ) for “The” substitute “An”,”
Page 160, line 8, at end insert—
“(3B) Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include information about—
(a) the activities other than the provision of goods and services for the purposes of the health service in England that the trust proposes to carry on, and
(b) the income it expects to receive from doing so.
(3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an NHS foundation trust carry on an activity of a kind mentioned in subsection (3B)(a), the council of governors of the trust must—
(a) determine whether it is satisfied that the carrying on of the activity will not to any significant extent interfere with the fulfilment by the trust of its principal purpose or the performance of its other functions, and
(b) notify the directors of the trust of its determination.
(3D) An NHS foundation trust which proposes to increase by 5% or more the proportion of its total income in any financial year attributable to activities other than the provision of goods and services for the purposes of the health service in England may implement the proposal only if more than half of the members of the council of governors of the trust voting approve its implementation.”
LORD HARRIS OF HARINGEY
[In substitution for Amendment 231ZA]
Page 176, line 16, at end insert—
“( ) After Section 158 (Duty to consult Board in relation to regulations about patient information) insert the following new Section—“Representation of Patients’ Interests
(1) There shall be a body corporate known as 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, regulators and the Secretary of State.
(3) Healthwatch 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) 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; and
(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.
(5) Relevant persons referred to in subsection (4)(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.
(6) A person provided with advice under subsection (4)(d) must inform Healthwatch England in writing of his or her response or proposed response to the advice.
(7) Healthwatch England shall in addition have powers of investigation as prescribed in subsections (8) and (9) and powers to require disclosure of information as prescribed in subsection (6).
(8) 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; or
(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.
(9) For the purposes of subsection (8) 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.
(10) Healthwatch England may by notice require a person within subsection (11) 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.
(11) The persons referred to in subsection (6) 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;
(d) Care Quality Commission; and
(e) any other person specified or of a description specified by the Secretary of State.
(12) If a person within subsection (11) fails to comply with a notice under subsection (10) 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.
(13) Healthwatch England must publish details of arrangements it makes under this section, including details of payments of remuneration or other amounts.
(14) In performing functions under this section, Healthwatch England must have regard to such aspects of Government policy as the Secretary of State may direct.
(15) 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.
(16) Healthwatch England must—
(a) lay before Parliament a copy of each report made under subsection (15); and
(b) send a copy of each such report to the Secretary of State.
(17) Healthwatch England may publish other reports at such times, and on such matters relating to health or social care, as it deems appropriate.
(18) Before publishing a report under subsection (15) or (17), 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.
(19) 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.”.”
Page 193, line 28, at end insert—
“(da) if the local authority is a county council, a representative of the district councils which are partner authorities,”
Page 193, line 37, at end insert—
“(3A) The Secretary of State must by order make provision for the appointment arrangements of the representative for the purposes of subsection (2)(da).”
Page 269, line 33, leave out paragraph (e)
Page 270, line 45, leave out subsection (11)