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

House of Lords

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Clause 18

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

135Page 14, line 25, leave out "are" and insert "will be"
136Page 14, line 29, leave out subsection (3) and insert—
"(   )  Following the provisions in this Act, the Association of Community Health Councils for England and Wales ("ACHCEW") shall be reformed, after consultation."
137Page 14, line 30, leave out "is also" and insert "will also be"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD REA

138Page 15, line 5, at end insert—
"(8)  This section may not be brought into force until the Secretary of State has issued a certificate stating that it is his opinion that the bodies established under sections 7 and 10 are fully functional and performing their duties effectively throughout England."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

139Leave out Clause 18 and insert the following new Clause—
  "Reform of Community Health Councils
  Following the provisions in this Act, Community Health Councils shall be reformed after consultation."
 

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

The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill.
 

Clause 19

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

140Page 15, line 8, after "abolish" insert "or reform"
141Page 15, line 13, at end insert—
"(   )  The Greater London Authority may by order reform the Community Health Councils established for London under section 20 of the 1977 Act."
 

THE LORD HUNT OF KINGS HEATH

142Page 15, line 15, after "may" insert "by regulations"
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

143Page 15, line 17, leave out "subsection (1)" and insert "subsections (1) and (2)"
 

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

The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
 

After Clause 19

 

THE LORD HARRIS OF HARINGEY
THE LORD CLEMENT-JONES

144Insert the following new Clause—
  "National Patients' and Health Services Users' Council
(1)  The Secretary of State may by regulations provide for the establishment of a National Patients' and Health Services Users' Council ("the National Council") as a body corporate.
(2)  The regulations shall in particular make provision as to—
(a)  the appointment of members, so as to secure that at least one half of the members are members of local Patients' Councils and that the remaining members have experience in representing the interests of health service users and carers,
(b)  any qualification or disqualification to membership,
(c)  terms of appointment,
(d)  the payment of travelling and other allowances to members,
(e)  the funding of the National Council and the provision of premises and other facilities, and
(f)  the appointment and terms and conditions of staff of the National Council.
(3)  The functions of the National Council shall be to—
(a)  represent the interests at a national level of patients, health services users and carers,
(b)  represent the national interests of Patients' Councils and Patients' Forums,
(c)  provide advice and support to Patients' Councils and Patients' Forums to assist them in the performance of their functions,
(d)  distribute and arrange funding for local Patients' Councils,
(e)  arrange the provision of staff to Patients' Councils, and
(f)  advise the Secretary of State on matters of concern to its membership and to make available public reports on such issues.
(4)  The regulations may also make provision as to—
(a)  the distribution by the National Council of funding to independent advisory services, and
(b)  the arrangement by the National Council of the provision of staff to independent advocacy services.
(5)  The regulations shall include provision applying, or corresponding to, any provision of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents), with or without modifications."
 

Before Clause 20

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER
THE EARL HOWE

145Insert the following new Clause—
  National Body of Patients' Councils
(1)  The Secretary of State may by regulations provide for—
(a)  the establishment of a National Patients' Council as a body corporate, and
(b)  the establishment of Regional Patients' Councils as bodies corporate.
(2)  The regulations must secure that membership of the National Patients' Council comprises—
(a)  as to at least two thirds, members from local patient councils, and
(b)  representatives of national voluntary organisations representing the interests of patients, carers and the wider community in the health service.
(3)  The regulations must secure that membership of the Regional Patients' Councils comprises members from all Local Patients' Councils in the relevant region.
(4)  The functions of the National Patients' Council are to—
(a)  provide advice to members of the public as to where and how they can access the services of Patients' Councils and Patients' Forums,
(b)  represent the national interests of Patients' Councils and Patients' Forums,
(c)  provide advice and support to Patients' Councils and Patients' Forums to assist them in the performance of their functions,
(d)  arrange funding for Local Patients' Councils and the provision of staff to those councils,
(e)  advise the Secretary of State of matters of concern to its membership and to make available public reports on such issues,
(f)  liaise with national quality assurance bodies on issues of concern to patients,
(g)  nominate persons to represent the interests of patients on the boards of national professional and health service bodies, and
(h)  prepare a report in relation to its activities in each financial year, to send the same to the Secretary of State, and ensure that the report is publicly available.
(5)  The functions of the Regional Patients' Councils are to—
(a)  represent the interests of Patients' Councils and Patients' Forums, and the wider community in the region, and
(b)  liaise with the National Patients' Council and national quality assurance bodies on issues of concern to patients.
(6)  The Secretary of State may by regulation make provision in relation to the National Patients' Council and Regional Patients' Councils respectively for—
(a)  terms of appointment of members,
(b)  any qualification or disqualification for membership,
(c)  co-option of members to the Council,
(d)  the payment of travelling and other allowances to members,
(e)  the funding of the council and the provision of premises and other facilities, and
(f)  the terms and conditions of employment of staff.
(7)  The Secretary of State shall by referral make arrangements for the establishment of a Patients' Accreditation Board to carry out accreditation arrangements for Patients' Councils, Patients' Forums and independent advisory bodies.
(8)  Regulations may provide for—
(a)  membership of the Patients' Accreditation Board to include representatives of the National Patients' Council, Regional Patients' Councils, Patients' Councils, patient and voluntary organisations and the wider community,
(b)  the procedure for applying for accreditation,
(c)  requirements to be imposed by the Patients' Accreditaton Board with which an accredited body or service must comply,
(d)  the suspension or withdrawal of any accreditation, and
(e)  training and support to be provided by the Patients' Accreditation Board to staff and members of Patients' Councils and Patients' Forums.
(9)  Before making regulations under this section the Secretary of State shall consult Community Health Councils and patients' and carers' organisations and the wider community."
 

Clause 20

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

146Page 15, leave out lines 22 to 30 and insert—
"(   )  If the Secretary of State—
(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 adequately or at all, and
(b)  is satisfied that it is appropriate for him to intervene under this section,
  he may subject to subsection (3A) below make an order under this section in respect of the body ("an intervention order")."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

147Page 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,"
148Page 15, line 24, leave out "adequately" and insert "to a significant extent"
149Page 15, line 28, at end insert—
"(   )  is satisfied that all other remedial actions appropriate to the circumstances have been taken,"
150Page, 15, line 29, after "may" insert "issue a notice to the body informing it of his intention to"
151Page 15, line 30, at end insert—
"(   )  The order referred to in subsection (1) above shall specify—
(a)  the function or functions which the body is not performing to a significant extent or the significant failings in the way the body is being run,
(b)  the matters which the Secretary of State has considered in reaching his opinion,
(c)  the provisions that the Secretary of State intends to include in an intervention order, and
(d)  the date on which he intends to issue the intervention order which must be at least 28 days after the date of the order.
(   )  The Secretary of State shall consider any representations made to him by the body before issuing any intervention order."
 

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

152Page 15, line 35, at end insert—
"(e)  Care Trusts"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER
THE BARONESS CUMBERLEGE

153Page 15, line 37, at end insert—
"(4)  The Secretary of State shall only make an intervention order under this section where he is satisfied that all other remedial actions appropriate to the circumstances have been taken.
(5)  Prior to making an order under this section, the Secretary of State shall lay a report before both Houses of Parliament setting out—
(a)  the action taken to ameliorate the situation, and
(b)  the reasons for making the order and the expected time in which the order will be in force."
 

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

154Page 15, line 37, at end insert—
"(3A)  When making an intervention order under subsection (1) above, the Secretary of State shall simultaneously publish an intervention report giving a detailed description of the serious and persistent failure which is the subject of the intervention order."
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

155Page 16, line 22, at end insert—
"(   )  The Secretary of State shall agree with the Commissioner for Public Appointments the process whereby individuals are selected prior to being specified in or determined in accordance with the order to replace those removed from office under subsections (2) or (3) above."
156Page 16, line 35, at end insert ", provided that the directions can be complied with by the body without a breach of its financial duties under section 97A of the 1977 Act in the case of Health Authorities or Special Health Authorities, section 10 of the National Health Service and Social Care Act 1990 in respect of NHS trusts, or section 97D of the 1977 Act in respect of Primary Care Trusts"
157Page 17, line 9, at end insert—
"(   )  The Secretary of State shall as soon as is practicable after the issue of an intervention order lay a copy of it before both Houses of Parliament and deliver a copy to any Health Authority, Special Health Authority, NHS trust or Primary Care Trust which in his opinion has or may have an interest in the order."
 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

The above-named Lords have given notice of their intention to oppose the Question that Clause 20 stand part of the Bill.

 
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©Parliamentary copyright 2001
20 March 2001