Amendments proposed to the Health and Social Care Bill - continued House of Commons

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Community health councils

   

Mr Paul Burstow
Dr Peter Brand

NC7

To move the following Clause:—

    'Following the provisions in this Act, Community Health Councils shall be reformed following consultation.'.


Exclusion of long term care from community care services in Wales

   

Mr Paul Burstow
Dr Peter Brand

NC11

To move the following Clause:—

    '.—(1) The National Assembly for Wales may by order provide for the exclusion of long term care from the provision of community care services in Wales.

    (2) "Long term care" means any care in a residential or care home setting that is not board and lodging.'.


Mandatory disregard of property in certain circumstances

   

Mr Paul Burstow
Dr Peter Brand

NC13

To move the following Clause:—

    '(1) The Secretary of State shall by regulations make provision to require local authorities to disregard the value of an individual's property in prescribed circumstances when that property is occupied in whole or in part, as his home, by a person or persons with whom that individual is associated. Associated persons shall have the same meaning as in section 62(3) of the Family Law Act 1996.

    (2) Regulations under this section, may, in particular, make provision to specify the conditions which must be satisfied by the associated person before such a disregard is mandatory.'.


Spouses not to be requested to pay for the care of their partner in residential or nursing home care

   

Mr Paul Burstow
Dr Peter Brand

NC14

To move the following Clause:—

    'Sections 42 and 43 of the National Assistance Act 1948 shall cease to have effect.'.


General practitioners' lists

   

Mr Paul Burstow
Dr Peter Brand

NC15

To move the following Clause:—

    '.—(1) The Secretary of State shall make regulations relating to the content of contracts for the provision of general medical services in the area.

    (2) Regulations under this section—

    (a) shall require that specified contracts with general medical practitioners must provide that—

            (i) a general medical practitioner may not refuse to accept a patient onto his list or remove a patient from his list unless such criteria as are specified in the regulations are satisfied; and

            (ii) where a general medical practitioner decides to refuse to accept a patient onto his list or to remove a patient from his list written reasons must be provided to the patient; and

    (b) may include any other provision the Secretary of State considers appropriate.'.


Reviews of Care Trusts

   

Dr Liam Fox
Mr Philip Hammond
Mr Desmond Swayne

NC16

To move the following Clause:—

    '.—(1) The relevant authority shall, not less than two years and not more than three years after the date of designation of any trust as a Care Trust—

    (a) arrange for a review of the operation and effectiveness of that trust; and

    (b) arrange that the review includes consultation with all parties and bodies that the relevant authority considers have an interest in or are affected by the operation of that trust; and

    (c) arrange that the review includes an evaluation of the benefits to recipients of health and social care services within the area of the trust.

    (2) The relevant authority shall publish a report detailing the findings of any review conducted in accordance with subsection (1) above in such manner as it shall consider appropriate.'.


Observer status at meetings of health authorities

   

Mr Paul Burstow
Dr Peter Brand

NC17

To move the following Clause:—

    'Health authorities shall extend observer status, with voice but no vote, to representatives of all statutory patient representation bodies.'.


Liability for residential care charges

   

Mr Paul Burstow
Dr Peter Brand

NC18

To move the following Clause:—

    '.—(1) Where a person—

    (i) has previously made their own arrangements for care and attention in a residential care or nursing home, and

    (ii) has requested an assessment under section 47 of the National Health Service and Community Care Act 1990 inter alia to obtaining community care services, including accommodation provided under section 21(1), and

    (iii) the authority has assessed that person as being in need of such care and attention under section 21(1)

    any liability of that person to make any payments under existing arrangements, or alternative arrangements which may be made, shall cease either at the date that the request for the assessment is notified to the local authority or at the date at which the person becomes financially eligible for assistance (under regulations made for the purposes of section 22 of this Act) if later, and liability shall pass to the local authority to fund that care and attention at that date. Regulations may provide for criteria as to whether the existing arrangements continue.

    (2) However the responsible authority may in respect of any payment made by them in pursuance of subsection (3) recover from that person such an amount in accordance with regulations made for the purposes of section 22 of this Act.

    (3) A person will be entitled to recover any monies paid in excess of that for which he is liable in accordance with the regulations made for the purposes of section 22 of this Act, from the point the local authority became liable under section 21(3).'.


Residential care in other local authority areas

   

Mr Paul Burstow
Dr Peter Brand

NC19

To move the following Clause:—

    'Where a person has been assessed by one local authority and moves to a residential or nursing home in another local authority area, the authority which made the assessment, and as a result of which a duty to provide accommodation under section 21 of the National Assistance Act 1948 has arisen, shall agree such payments which are at least equivalent to those which are normally made in the authority to which the person has moved for the type of accommodation in which that person resides or will be residing.'.


NEW SCHEDULE

   

Mr John Denham

NS1

To move the following Schedule:—

'Partnership Arrangements: transfer of staff

    The following is the Schedule inserted in the Health Act 1999.

        "SCHEDULE 2A

        Section 31 arrangements: transfer of staff

        Application of Schedule

            1. This Schedule applies where, under any arrangements under regulations under section 31, any functions of a body ("the transferor") are to be exercised by another body ("the transferee").

        Orders transferring staff

            2.—(1) The Secretary of State may by order transfer to the transferee any specified description of employees of the transferor.

            (2) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

            (3) In sub-paragraph (2) "prescribed requirements" means requirements prescribed for the purposes of that sub-paragraph by regulations made by the Secretary of State.

        Effect of order on contracts of employment

            3.—(1) The contract of employment of an employee transferred by an order under paragraph 2—

          (a) is not terminated by the transfer, and

          (b) has effect from the date of the transfer as if originally made between the employee and the transferee.

            (2) Without prejudice to sub-paragraph (1)—

          (a) all the rights, powers, duties and liabilities of the transferor under or in connection with the employee's contract of employment shall by virtue of this sub-paragraph be transferred to the transferee, and

          (b) anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment shall be deemed from that date to have been done by or in relation to the transferee.

            (3) Sub-paragraphs (1) and (2) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.

            (4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

            (5) This paragraph is without prejudice to any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

        Effect of order on pension rights

            4.—(1) An order under paragraph 2 may provide that, in the case of an employee of any specified description who is transferred by the order, paragraph 3 shall not apply in relation to—

          (a) so much of the employee's contract of employment as relates to relevant pension provisions, or

          (b) any rights, powers, duties or liabilities under or in connection with that contract, or otherwise arising in connection with the employee's employment, and relating to such provisions.

            (2) If an order under paragraph 2 provides as mentioned in sub-paragraph (1), the order may in relation to any such employee make such provision (if any) as the Secretary of State considers appropriate with respect to all or any of the matters mentioned in paragraphs (a) and (b) of that sub-paragraph.

            (3) The provision which may be made by virtue of sub-paragraph (2) includes provision—

          (a) for any such employee's contract of employment with the transferee to have effect with any specified modifications;

          (b) for relevant pension provisions of any specified description to have effect in the case of any such employee with any such modifications.

            (4) In this paragraph "relevant pension provisions" means the provisions of an occupational pension scheme within the meaning of the Pension Schemes Act 1993, with the exception (if the order under paragraph 2 so provides) of any provisions of such a scheme falling within a description specified in the order.

        Divided employments

            5.—(1) Where an employee is to be transferred by an order under paragraph 2 but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and between the employee and the transferee.

            (2) Where an employee's contract of employment is divided as provided under sub-paragraph (1)—

          (a) the order shall provide for paragraph 3 to have effect in the case of the employee and his contract of employment subject to appropriate modifications; and

          (b) paragraph 4 shall similarly apply only so far as appropriate in connection with the employee's employment by the transferee.".'.


ORDER OF THE HOUSE (10TH JANUARY 2001)

    That the following provisions shall apply to the Health and Social Care Bill:

Standing Committee

    1. The Bill shall be committed to a Standing Committee.

    2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 8th February 2001.


ORDER OF THE COMMITTEE [18TH JANUARY] (AS AMENDED BY THE ORDER OF THE COMMITTEE (25TH JANUARY))

    That—

    (1) during proceedings on the Health and Social Care Bill the Standing Committee do meet on Tuesdays at half-past Ten o'clock and between half-past Four o'clock and Ten o'clock and on Thursdays at half-past Nine o'clock and between half-past Two o'clock and Five o'clock (save on the afternoon of Thursday 25th January, when the Committee may sit until Seven o'clock);

    (2) 13 sittings in all shall be allotted to the consideration of the Bill by the Committee;

    (3) the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown;

    (4) the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table;

    (5) paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) on any earlier sitting than that provided for under paragraph (3) if all previous proceedings have already been concluded.

TABLE



Sitting


Proceedings
Time for
conclusion of
proceedings
1stClause 1 and Clauses 17 and 185 p.m.
2ndClause 16 and Clauses 2 and 6
3rdClause 16 and Clauses 2 to 6 (so far as not previously concluded)10 p.m.
4thClauses 19 to 28
5thClauses 19 to 28 (so far as not previously concluded)7 p.m.
6thClauses 14 and 15, Clauses 7 and 8, Schedule 1, Clauses 9 to 13
7thClauses 14 and 15, Clauses 7 and 8, Schedule 1, Clauses 9 to 13 (so far as not previously concluded)10 p.m.
8thClauses 29 and 30, Schedule 2, Clauses 31 to 40, Schedule 3, Clause 41, Clause 60, Clauses 42 to 44
9thClauses 29 and 30, Schedule 2, Clauses 31 to 40, Schedule 3, Clause 41, Clause 60, Clauses 42 to 44 (so far as not previously concluded)5 p.m.
10thClauses 45 to 58
11thClauses 45 to 58 (so far as not previously concluded)10 p.m.
12thClause 59, Clauses 61 to 66, Schedules 4 and 5, new Clauses and new Schedules
13thClause 59, Clauses 61 to 66, Schedules 4 and 5, new Clauses and new Schedules (so far as not previously concluded)5 p.m.


 
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Prepared 8 Feb 2001