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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

Insert the following new Clause—
  "Purposes
  The purposes of this Act are, inter alia, to—
(a)  institute reforms relating to the National Health Service (including in health service funding, employment, public and patient involvement, scrutiny, consultation, independent advocacy, intervention powers and regulation, recruitment and discipline of general practitioners and dentists),
(b)  provide authority for local pharmaceutical services pilot schemes,
(c)  extend prescribing rights,
(d)  introduce provisions relating to Care Trusts and partnership arrangements,
(e)  introduce free personal care (including nursing care) after an assessment of need for those in receipt of community care services,
(f)  introduce provisions relating to the control of patient information."
 

THE LORD MORRIS OF MANCHESTER
[As an amendment to new Clause (Purposes) Before Clause 1]

In subsection (e), after "nursing care)" insert "and care by professionals supplementary to medicine"
 

After Clause 3

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Retention of provision of clinical services within the NHS
  In section 14 of the Health Act 1999 (exercise of powers by NHS trusts) at the end there shall be inserted—
  "(10)   The exercise of powers conferred by paragraphs 10 to 17 of Part II of Schedule 2 to this Act may only be exercised to the extent that it does not involve or permit—
(a)  the transfer of contracts of employment of registered doctors, registered nurses or professions allied to medicine from an NHS or Care Trust to a non-NHS organisation, or
(b)  the creation of contracts by an NHS trust or Care Trust with any non-NHS organisation for the provision of the services previously provided by registered doctors, registered nurses or professions allied to medicine to the Trust.""
 

Clause 4

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 4, line 21, at end insert—
  ""services" excludes the services provided by registered nurses, registered doctors or the professions allied to medicine"
 

Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 4, line 25, at beginning insert—
  "(   )   In subsection (2)(d) of section 7 of the Health and Medicines Act 1988 (c. 49), at the end there shall be inserted "except for services provided or usually provided by registered nurses, registered doctors or professions allied to medicine"."
 

Clause 7

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

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 the National Institute for Clinical Excellence, the Commission for Health Improvement, the Audit Commission and the Secretary of State,
(   )  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,
(   )  as to procedural requirements for the committee,
(   )  as to other duties of the committee."
Page 7, line 1, leave out from "Act," to end of line 6
 

Clause 11

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 9, line 18, after "representatives" insert "(including, in particular, Community Health Councils, patients' and carers' organisations, Independent Local Advisory Forums, Patients' Forums, Patients' Councils, overview and scrutiny committees, and such other organisations as the Secretary of State considers appropriate,)"
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.
  (   )   The Secretary of State shall by regulations set up an appeals procedure permitting appeal in respect of proposals made under section 11(1)(a), (b) and (c).
  (   )   The regulations shall provide for—
(a)  the right of a Patients' Council 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 relevant overview and scrutiny committee."
 

Clause 12

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 9, line 40, at beginning insert "Before the commencement of section 18,"
Page 10, line 1, at end insert—
"(c)  for each Care Trust established for an area of England,"
Page 10, line 6, after "carers" insert "and such other organisations as the Secretary of State considers appropriate"
Page 10, line 14, at end insert—
"(   )  to belong to, and co-operate with, any body established by regulation to represent at national level Patients' Forums created under subsection (1) above;"
Page 10, line 32, at end insert ",   and such other organisations as the Secretary of State considers appropriate"
 

Clause 13

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 11, line 12, leave out from ""Councils")" to end of line 13
Page 11, line 14, leave out sub section (2)
 

After Clause 13


 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Extension of observer status
  (   )   Health Authorities shall extend observer status, with voice but no vote, to representatives of Patients' Forums, Patients' Councils and overview and scrutiny committees for its area."
 

Clause 14

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 11, line 29, leave out "may" and insert "shall"
Page 11, line 36, after "inspect" insert "by arrangement and unannounced"
Page 11, line 40, at end insert—
  "(   )   The Secretary of State shall make regulations providing for—
(a)  the publication of a report of any inspection carried out under this section;
(b)  the submission of any such report to the body controlling the premises inspected; and
(c)  the publication of a response from the body controlling the premises inspected."
Page 11, line 40, at end insert—
  "(   )   A report prepared under this section shall be published in such a form as the Secretary of State shall direct within 28 days of the date on which it is submitted to him."
 

After Clause 14

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Independent Local Advisory Forum
  The Secretary of State shall establish for each Health Authority a body to be known as an Independent Local Advisory Forum."
 

Clause 15

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 12, line 2, after "established," insert "the overview and scrutiny committee, the Patients' Council, the Independent Local Advisory Forum, the Health Authority,"
 

Clause 16

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 12, line 8, at beginning insert "Before the commencement of section 18,"
Page 12, line 10, leave out "may" and insert "shall"
Page 12, line 30, after "established," insert "the Health Authority, and the relevant overview and scrutiny committee,"
Page 12, line 35, after "Authorities" insert "and overview and scrutiny committees"
Page 12, line 36, at end insert—
  "(   )   Scrutiny by Patients' Forums and Patients' Councils of health services provided in the locality governed by arrangements under regulations made under section 31 of the Health Act 1999 (arrangements between NHS bodies and local authorities)"
 

Clause 17

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 13, line 23, leave out ",   to such extent as he considers necessary"
Page 13, line 30, after "body" insert ",   social services authority"
Page 13, line 32, at end insert "or Commissioner for Local Administration"
Page 14, line 6, at end insert—
  "(   )   Providers of independent advocacy services shall provide information about the types of complaints they handle to the relevant Patients' Forums, Patients' Councils, overview and scrutiny committees and to local trusts and health authorities.
  (   )   In making arrangements under this section the Secretary of State must have regard to the principle that the resourcing of independent advocacy services must be independent of any bodies which may be the subject of a complaint or which may be involved in investigating or adjudicating such complaint.
  (   )   The Secretary of State shall by regulation establish a monitoring and accreditation scheme, involving user representatives, to measure the effectiveness of independent advocacy schemes."
Page 14, line 9, leave out ",   so far as practicable,"
Page 14, line 10, after "person" insert "or body"
 

After Clause 17

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Unified NHS and Social Services Complaints Procedure
  (1)   The Secretary of State shall by regulations make provision for an independent and unified health and community care complaints procedure.
  (2)   Before making such regulations the Secretary of State shall consult with Community Health Councils, Patients' Councils, Patients' Forums, other patients' and carers' organisations and the wider community."
 

Clause 20

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 15, line 23, leave out from beginning to "make" in line 29 and insert—
"(a)  receives evidence from the Commission for Health Improvement or the Commission for Mental Health or the Audit Commission of serious and persistent failures in the way a body to which this section applies is run or evidence that such a body is not performing one or more of its functions to a significant extent or at all, and
(b)  is satisfied that it is appropriate for him to intervene under this section,
he may, subject to subsection (4) below,"  

Clause 24

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 18, line 16, leave out from "services)," to end of line 18 and insert "in subsection (4), for the words "not, except in special circumstances," there is substituted "have regard to the quality and outcome of the services provided and shall not ordinarily""
 

Clause 33

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 37, line 23, at end insert—

  "(   )   In this section "perform" includes "provide"."
 

Clause 34

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 42, leave out lines 7 and 8 and insert—
  "14   Each year, the FHSAA shall publish an Annual Report which shall contain in anonymised form details of the determinations made by it."
 
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Prepared 13 March 2001