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Amendments to the Health and Social Care Bill

Health and Social Care Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Health and Social Care Bill to be moved in Committee in the House of Lords.

 

Before Clause 1

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Duty to prevent discrimination
(1)  It shall be the duty of any person or body exercising functions or otherwise providing services under this Act to prevent discrimination against any class of persons receiving services under this Act, including discrimination by reason of age.
(2)  It shall be the duty of any relevant authority and any other body exercising functions under this Act to publish an annual statement of the measures they have taken to prevent discrimination against any class of persons receiving services under this Act, including discrimination by reason of age."
Insert the following new Clause—
  "Age discrimination
  It shall be unlawful for any person or body providing services under this Act to refuse or delay any treatment or procedure, or to provide inferior care, to any person by reason solely of his age."
 

Clause 2

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 3, line 4, after "they" insert "reasonably"
 

Clause 7

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 6, line 26, leave out ("may") and insert ("shall")
Page 6, line 40, at end insert—
"(   )  requiring the committee to liaise with the Patients' Forums and Patients' Councils on matters of concern raised by Patients' Forums and Councils,
(   )  as to matters upon which the committee may set up local enquiries with the power to call for evidence,
(   )  as to matters upon which the committee may make referrals to NICE, CHI, the Audit Commission and the Secretary of State,"
Page 6, line 40, at end insert—
"(   )  for the co-option onto the committee of observers with rights to speak but not to vote, from each Patients' Council and Patients' Forum in its district"
Page 6, line 40, at end insert—
"(   )  as to procedural standards for the committee including provision of agendas and papers to the public, the requirement to meet in public and the requirement to permit members of the public to pose questions to the committee during meetings,
(   )  as to other duties of the committee"
Page 6, line 44, at end insert—
"(   )  Before making such regulations the Secretary of State shall consult with community health councils, patients and covers organisations and the wider community"
 

Clause 9

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 8, line 24, leave out subsection (4)
 

After Clause 9

 

THE LORD HARRIS OF HARINGEY

Insert the following new Clause—
  "Overview and scrutiny committee: London
(1)  The London Assembly of the Greater London Authority may establish a Committee which has, in relation to Greater London, the powers which under section 21(2)(f) of the Local Government Act 2000 a local authority's overview and scrutiny committee has in relation to the authority's area.
(2)  Sections 7(3) to (6), 8 and 9 and Schedule 1 apply as if such a committee were an overview and scrutiny committee.
(3)  Section 21 of the Local Government Act 2000 applies as if such a committee were an overview and scrutiny committee but with the omission—
(a)  of subsections (1) to (3), (5) and (9)
(b)  in subsection (8), of "Executive", and
(c)  in subsection (13)(a), of the reference to members of the executive.
(4)  In the provisions applied by subsections (2) and (3), reference to functions under any provision of section 21(2) of the 2000 Act are, in the case of the committee established under subsection (1), references to its functions under that subsection."
 

Clause 11

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 9, line 27, at end insert—
"(   )  Special Health Authorities,
(   )  the NHS Executive, and
(   )  Care Trusts."
Page 9, line 37, at end insert—
("(   )  Every body to which this section applies shall include in their annual report details of the arrangements maintained in that year for obtaining the views of patients, carers and the wider community and what action was taken as a result of those views.
(   )  The Secretary of State shall by regulations set up an appeals procedure.
(   )  The regulations will provide for—
(a)  Patients' Councils' rights to refer contested decisions about the provision of health and social services to their local overview and scrutiny committee,
(b)  action to be taken by the overview and scrutiny committee on receipt of such a referral, and
(c)  the circumstances in which a contested decision is to be forwarded directly to the Secretary of State for adjudication, either by a Patients' Council or by the overview and scrutiny committee.
(   )  Before making such regulations the Secretary of State shall consult with community health councils, Patients' Councils, Patients' Forums, and other patients' and carers' organisations and the wider community.")
 

Clause 12

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 10, line 15, at end insert—
"(   )  to provide advice, and make reports and recommendations, about matters relating to those services, including patients' views on those services, to the Association of Patients' Councils, established under section (National Body of Patients' Councils)."
Page 10, line 15, at end insert—
"(3)  The Secretary of State shall by regulation provide in respect of Patients' Forums such powers to enable them to perform such functions as may be prescribed by regulation.
(4)  Before making regulations under this section the Secretary of State shall consult with Community Health Councils, Patients' Forums, Patients' Councils, and patients' and carers' organisations and the wider community."
 

After Clause 12

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Insert the following new Clause—
  "Association of Patient's Forums
(1)  The Secretary of State shall establish an independent national body, known as the Association of Patients' Forums, with a duty to provide a national overview of the patient experience to the Secretary of State and National Health Service bodies, on a regional and national level.
(2)  The Secretary of State shall make regulations for the purposes of subsection (1) above.
(3)  Before making regulations for the purposes of subsection (1) above, the Secretary of State shall consult such bodies as represent the interests of persons likely to be affected by the regulations."
 

Clause 13

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Page 11, line 10, leave out ("establishment of bodies to be known as") and insert ("reform of Community Health Councils established for districts in England under section 20 of the 1977 Act which will be renamed")
Page 11, line 17, leave out paragraph (b)
Page 11, line 20, after "reports" insert "and recommendations on the operation of the complaints service and any other matters which it may decide upon"
Page 11, line 21, after "committees" insert ", trusts, ILAFs, Patients' Forums, the National Patients' Council"
Page 11, line 23, leave out paragraph (c) and insert—
"(   )  to provide independent advocacy services providing assistance (by way of representation or otherwise) to individuals making or intending to make—

(a)  is made under a procedure of a prescribed description, or
(b)  gives rise, or may give rise, to proceedings of a prescribed description,
Page 11, line 24, at end insert—
"(   )  to establish Patients' Forums, for each NHS trust, care trust and primary care trust in the district of the Patients' Council, made up of representatives of the Council, and co-opted representatives of the relevant overview and scrutiny committee, patients, carers and the wider community, with duties to—
(   )  to arrange for functions of Patients' Forums to be performed under joint arrangements between Forums or between Patients Councils, where such arrangements are appropriate to meet the needs of their communities;
(   )  to receive and respond to disclosures under the Public Interest Disclosure Act 1998 where those disclosures reveal matters of concern for patients or the wider community in the health service;
(   )  to refer issues of concern to patients to the Commission for Health improvement, the Commission for Mental Health, the Audit Commission and other national quality assurance bodies and the Secretary of State;"
Page 11, line 25, at end insert—
"(   )  Patients' Councils shall monitor planning and development proposals and request consultation where they consider it to be appropriate."
Page 11, line 25, at end insert—
"(   )  References in subsection (3) to "services" are references to—
(a)  services provided as part of the health service (within the meaning of the 1977 Act) in England;
(b)  services provided in England in pursuance of arrangements under regulations under section 31 of the Health Act 1999; and
(c)  services provided elsewhere in pursuance of such arrangements with a local authority in England.
(   )  In subsection (3)—
  "relevant overview and scrutiny committee", means the committee of the council or councils whose district corresponds, or is included within, the community represented by the Council,
  "relevant Health Authority" in subsection (1)(e) in relation to a Patients' Forum for a Primary Care Trust, means the Health Authority whose area is, or includes, the area for which the trust is established.
(   )  The Secretary of State shall by regulation provide in respect of Patients' Councils such powers to enable them to perform such functions as may be prescribed by regulation.
(   )  Before making regulations under this section the Secretary of State shall consult with Community Health Councils and with Patients' and carers' organisations and the wider community."
Page 11, line 28, insert—
"(   )  In this section—
  "independent hospital", "independent clinic", and "independent medical agency" mean such bodies as are referred to in section 2 of the Care Standards Act 2000;
  "care home" means care home as referred to in section 3 of the Care Standards Act 2000;
  "domiciliary agency" means a domiciliary agency referred to in section 4 of the Care Standards Act 2000."
Page 11, line 28, at end insert—
"(   )  The Secretary of State shall by regulations make provision for a unified health and community care complaints procedure.
(   )  Before making regulations under this section the Secretary of State shall consult Community Health Councils, Patients' Councils, Patients' Forums, patients' organisations and the wider community."
 

After Clause 13

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

Insert the following new Clause—
  "Patients' Councils and local mediation
(1)  The Secretary of State shall by regulations set up a local mediation scheme to be operated by Patients' Councils.
(2)  These regulations shall provide for—
(a)  petitioning of Patients' Councils by local stakeholder groups,
(b)  the broad criteria by which requests for mediation are to be decided,
(c)  the bodies and office holders that Patients' Councils will have the power to call to a mediation meeting,
(d)  the time period within which mediation meetings must be arranged, and
(e)  reports to be provided by the Patients' Council to the Commission for Health Improvement, the Commission for Mental Health, the Audit Commission and the Secretary of State.
(3)  Before making regulations under this section the Secretary of State shall consult Community Health Councils, Patients' Councils, Patients' Forums and such bodies currently providing mediation schemes and the wider community, as the Secretary of State shall consider appropriate."
 
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Prepared 12 March 2001