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

House of Lords

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Clause 8

 

THE LORD SMITH OF LEIGH

58Page 7, line 36, at end insert—
"(d)  a regional assembly or chamber where local authorities are represented may appoint a joint overview and scrutiny of its member local authorities and arrange for the exercise of relevant functions in relation to health authorities and other health bodies which operate at a regional level"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

59Page 7, line 37, at beginning insert "Subject to subsection (3A),"
 

THE LORD HUNT OF KINGS HEATH

60Page 7, line 42, after "Act" insert ", or section 9 of, and Schedule 1 to, this Act"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

61Page 7, line 42, at end insert—
"(3A)  Section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) shall be applied as closely as may be practicable having regard to the aggregate representation of different political groups on the local authorities appointing a joint overview and scrutiny committee."
 

THE LORD HUNT OF KINGS HEATH

62Page 7, line 43, leave out "Secretary of State" and insert "relevant authority"
63Page 7, line 47, leave out "Secretary of State" and insert "relevant authority"
 

Clause 9

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE
THE LORD ASTOR OF HEVER

64Page 8, line 24, leave out subsection (4)
 

After Clause 9

 

THE LORD HARRIS OF HARINGEY

65Insert 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 10

 

THE LORD HUNT OF KINGS HEATH

66Page 8, line 41, leave out "(6)" and insert "(5)"
 

Clause 11

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

67Page 9, line 18, after "representatives" insert "including Patients' Councils, patients' and carers' organisations, ILAFs, Patients' Forums, overview and scrutiny committees and the wider community"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

68Page 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,)"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

69*Page 9, line 23, at end insert—
"(   )  Patients' Councils shall monitor service planning, development and operational proposals referred to in subsection (1) above and shall request consultation where they consider it to be appropriate."
70Page 9, line 25, at end insert "including Special Health Authorities,"
71Page 9, line 25, at end insert—
"(   )  Special Health Authorities,"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE
THE LORD ASTOR OF HEVER

72Page 9, line 27, at end insert—
"(   )  Special Health Authorities,
(   )  the NHS Executive, and
(   )  Care Trusts."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

73Page 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 shall 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 Community Health Councils, Patients' Councils, Patients' Forums, other patients' and carers' organisations and the wider community.")
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

74Page 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."
 

After Clause 11

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

75*Insert the following new Clause—
  "Local mediation scheme
(1)  The Secretary of State shall, by regulation, set up a local mediation scheme to be operated by Patients' Councils.
(2)  Regulations under subsection (1) 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;
(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.
 

Clause 12

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

76Page 9, line 40, at beginning insert "Before the commencement of section 18,"
77Page 10, line 1, at end insert—
"(c)  for each Care Trust established for an area of England,"
78Page 10, line 6, after "carers" insert "and such other organisations as the Secretary of State considers appropriate"
79Page 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;"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

80Page 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)."
81Page 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 Community Health Councils, Patients' Forums, Patients' Councils, patients' and carers' organisations and the wider community."
 

THE LORD REA

82Page 10, line 32, at end insert "and shall act independently, so far as practical, from each establishing NHS trust or Primary Care Trust as the case may be"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

83Page 10, line 32, at end insert ",   and such other organisations as the Secretary of State considers appropriate"
 

After Clause 12

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

84Insert the following new Clause—
  "Association of Patients' 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
THE EARL HOWE

85Page 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")
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

86Page 11, line 12, leave out from ""Councils")" to end of line 13
87Page 11, line 14, leave out subsection (2)
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

88Page 11, line 17, leave out paragraph (b)
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES

89Page 11, line 17, at end insert ", and
(c)  a Patients' Council."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

90Page 11, line 20, after "reports" insert "and recommendations on the operation of the complaints service and any other matters which it may decide upon"
91Page 11, line 21, after "committees" insert ", trusts, ILAFs, Patients' Forums, the National Patients' Council"
92Page 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 complaint—
    (i)  under a procedure operated by a health service body, social services authority or independent provider,
    (ii)  to the Health Service Commissioner for England or the Health Service Commissioner for Wales or the Commissioner for Local Administration,
    (iii)  of a prescribed description which relates to the provision of services as part of the health service, and—
(a)  is made under a procedure of a prescribed description, or
(b)  gives rise, or may give rise, to proceedings of a prescribed description,
    (iv)  relating to the provision of services by a independent hospital, an independent clinic, and independent medical agency, a care home or domiciliary agency."
93Page 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—
    (i)  monitor and review the operation of services provided by, or under arrangements made by, the trust to which it relates;
    (ii)  obtain the views of patients, carers and the wider community about those services and report on those views to the Patients' Council and the trust;
    (iii)  provide advice and make reports and recommendations about matters relating to those services to the Patients' Council, the relevant Health Authority, and the trust to which it relates;
    (iv)  make available to patients, carers and the wider community advice and information about those services;
    (v)  in the case of primary care services, carry out the functions as may be prescribed by regulations made by the Secretary of State;
    (vi)  carry out such other functions as may be prescribed by regulations made by the Secretary of State;
(   )  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;"
94Page 11, line 25, at end insert—
"(   )  Patients' Councils shall monitor planning and development proposals and request consultation where they consider it to be appropriate."
95Page 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."
96Page 11, line 27, 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."
97Page 11, line 27, at end 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."

 
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©Parliamentary copyright 2001
14 March 2001