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Index of Amendments

SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 6th March 2001, as follows—

 Clauses 3 to 9
Schedule 1
Clauses 10 to 36
Schedule 2
Clauses 37 to 47
Schedule 3
Clauses 48 to 51
Clause 68
Clauses 52 to 55
Schedule 4
Clause 56 to 67
Clauses 69 to 75
Schedules 5 and 6
 

[Amendments marked * are new or have been altered]

Amendment
No.

 

After Clause 3

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

26Insert 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 trust 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 EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

27Page 4, line 5, after "otherwise)," insert "or to issue (or procure the issue of) shares or other securities in the companies to any person,"
28Page 4, line 16, at end insert—
"(   )  If there is a proposal, or need, for a new project for provision of such facilities or services referred to in subsection (1), the Secretary of State shall give consideration as to whether such facilities or services can most efficiently and cost-effectively be provided through the involvement of the private sector."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

29Page 4, line 21, at end insert—
  ""services" excludes the services provided by registered nurses, registered doctors or the professions allied to medicine"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

30Page 4, line 23, at end insert—
"(6)  For the purpose of subsection (1) above, the Secretary of State shall make regulations to establish and require systems of operation that safeguard patient interests, in particular to ensure adequate care standards, accountability and transparency.
(7)  Before making any regulations under subsection (6) above, the Secretary of State shall consult such bodies who represent the interests of those likely to be affected by the regulations."
 

Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

31Page 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"."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

32Page 4, line 31, after "otherwise)," insert "or to issue (or procure the issue of) shares or other securities in companies to any person,"
33Page 4, line 36, at end insert—
    "(   )  In exercising his powers under subsection (2), the Secretary of State shall give consideration to whether his objectives can most efficiently and cost-effectively be fulfilled through the involvement of the private sector.""
 

After Clause 5

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

34Insert following new Clause—
  "Annual written statement
(1)  This section applies where the Secretary of State has exercised his power under subsection (1) of section 96C of the 1977 Act or subsection (7A) of section 7 of the Health and Medicines Act 1988 to form, or participate in forming, companies.
(2)  The Secretary of State shall as soon as is practicable after the exercise of the powers referred to in subsection (1) above, lay an initial written statement before both Houses of Parliament as set out in subsection (3) below and shall by the 30th of June each year lay an annual written statement as set out in subsection (4) below.
(3)  The initial written statement referred to in subsection (2) above shall show for each company—
(a)  the name of the company,
(b)  the purposes for which it has been formed,
(c)  the percentage of each class of share capital in the company held by the Secretary of State or his nominee,
(d)  any amounts invested or agreed to be invested, and
(e)  any loans, guarantees or other financial provision provided or agreed to be provided.
(4)  The annual written statement referred to in subsection (2) above shall show for each company—
(a)  the amount invested or provided under the powers referred to in subsection (1) above at the 1st of April in the preceding year or, if later, when a initial statement was laid under subsection (1) above,
(b)  the amount invested or provided under the powers referred to in subsection (1) above at the 31st of March in that year, and
(c)  an explanation of any changes during the period covered by the written statement."
35Insert following new Clause—
  "Report and accounts
(1)  Each body falling within section (Annual written statement) shall prepare a report on its activities during that year and shall send a copy of that report to the Secretary of State.
(2)  The Secretary of State shall lay a copy of every such report before each House of Parliament and shall arrange for copies of every such report to be published in such a manner as he considers appropriate.
(3)  A copy of the accounts of a body falling within section (Annual written statement) shall be sent to the Secretary of State as soon as reasonably practicable after being received by the body; and the Secretary of State shall lay before each House of Parliament a copy of those accounts and any report on them.
(4)  Such accounts and any record relating to them shall be open to the inspection of the Comptroller and Auditor General."
 

Clause 6

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

After Clause 6

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

36Insert the following new Clause—
  "Community Health Councils: additional functions
(1)  The Secretary of State shall make regulations providing, in relation to Community Health Councils ("Councils") in England, for—
(a)  the delivery by Councils of support and advocacy services to patients and others with complaints about health services;
(b)  Councils to advise and make recommendations to the relevant overview and scrutiny committee, Health Authority and trust about matters arising from complaints;
(c)  reports on the operation of the complaints support service to be compiled by Councils and provided to the Secretary of State to the relevant overview and scrutiny committee, Health Authority, trust, and other appropriate organisations;
(d)  annual reports to be published by Councils detailing the arrangements maintained in that year for obtaining the views of patients;
(e)  the establishment of sub-committees of each Council to be known as Patients' Forums, for each NHS and Primary Care Trust in the district of the Council, made up of representatives of the Council, and co-opted representatives of the local authority 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 Council and the trust;
    (iii)  provide advice and make reports and recommendations about matters relating to those services to the 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;
(f)  the appointment of representatives from the Patients' Forum as non-executive directors to the board of the trust to which the Forum relates;
(g)  for functions of Patients' Forums to be performed under joint arrangements between Councils, where such arrangements are appropriate to meet the needs of their communities;
(h)  the extension of Councils' rights of inspection to all premises from which services as defined in subsection (3) are provided; and
(i)  matters of concern which Councils may refer to the National Institute for Clinical Excellence, the Commission for Health Improvement, the Audit Commission and the Secretary of State.
(2)  References in subsection (1) 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.
(3)  In subsection (2)—
(a)  "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,
(b)  "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.
(4)  Before making regulations under this section the Secretary of State shall consult with Councils and such patients' and carers' organisations as he considers appropriate."
 

Clause 7

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

37Page 6, line 16, after "section," insert "the strategy for health improvement and action to address health inequalities"
38Page 6, line 21, leave out paragraphs (a) to (d) and insert "all local authorities.
(2A)  In this section, "local authority" means a county council, county borough council, district council or London borough council."
39Page 6, line 25, at end insert—
"(   )  the GLA"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

40Page 6, line 25, at end insert—
"(   )  Where a county authority comprises district councils, it shall, where appropriate, include in the membership of the scrutiny committee representatives of each or all of the district councils within the authority's area of responsibility for health services."
 

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

41Page 6, line 26, leave out ("may") and insert ("shall")
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

42Page 6, line 27, at end insert—
    "(   )  as to the composition of the committee so as to include representatives of the voluntary sector and the Patients' Council,"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

43Page 6, line 39, after "requiring" insert ", where appropriate,"
44Page 6, line 40, at end insert—
"(   )  requiring any member of an oversight and scrutiny committee who is also a member of the Health Authority, NHS Trust or Primary Care Trust not to take part in the discharge by the committee of the functions described in subsection (1) above"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

45Page 6, line 40, at end insert—
"(   )  as to the information which the committee shall make available to Patients' Councils"
46Page 6, line 40, at end insert—
"(   )  requiring the committee to liaise with the Patients' Councils on matters of concern raised by Patients' Councils,
(   )  as to matters allowing the committee to set up local enquiries with the power to call for evidence,
(   )  as to matters allowing the committee to refer matters of concern to NICE, CHI, the Audit Commission and the Secretary of State"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

47Page 6, line 40, at end insert—
"(   )  as to the provision of resources to an authority to which this section applies to enable effective review and scrutiny"
48Page 6, line 40, at end insert—
"(   )  as to the procedures to be followed by local NHS bodies on receipt of reports or recommendations"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE LORD REA

49Page 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 Patients' 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"
50Page 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"
51Page 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"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

52Page 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 Patients' 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."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

53Page 6, line 40, at end insert—
"(g)  as to matters relating to the health improvement strategy for the local population,
(h)  as to matters relating to addressing health inequalities of the local population"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE LORD REA

54Page 6, line 44, at end insert—
"(   )  Before making such regulations the Secretary of State shall consult Community Health Councils, patients' and carers' organisations and the wider community."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

55Page 6, line 44, at end insert—
"(   )  Before making regulations under this section the Secretary of State shall consult Patients' Councils, patients' and carers' organisations and the wider community."
 

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

56Page 7, line 1, leave out from "Act," to end of line 6
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

57Page 7, line 6, at end insert—
"(   )  Before making any regulations under subsection (3) above, the Secretary of State shall consult such bodies as represent the interests of those likely to be affected by the regulations."

 
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©Parliamentary copyright 2001
16 March 2001