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Amendments to the Health and Social Care Bill

Health and Social Care Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Second Marshalled List]


Amendment
No.

 

Clause 7

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

55A*Page 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 such other organisations as the Secretary of State considers appropriate."
 

Clause 11

 

THE EARL HOWE
THE LORD ASTOR OF HEVER
[In substitution for amendment 74]

74A*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.
(   )  Before making such regulations the Secretary of State shall consult such bodies and organisations as he considers appropriate."
 

Clause 13

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

91A*Page 11, line 21, after "committees" insert ", trusts, Independent Local Advisory Forums, Patients' Forums, the National Patients' Council"
93A*Page 11, line 24, at end insert—
"(   )  to establish sub-committees of each Council to be known as Patients' Forums in respect of 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;"
94A*Page 11, line 25, at end insert—
"(   )  Patients' Councils shall monitor service planning, development and operational proposals referred to in section 11(1) and request consultation with the bodies referred to in section 11(2) where they consider it to be appropriate."
 

After Clause 13

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

98A*Insert the following new Clause—
  "Patients' Councils and local mediation (No. 2)
(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 such bodies or organisations as the Secretary of State shall determine,
(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."
 

Clause 15

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

109A*Page 12, line 3, at end insert—
"(   )  Every Patients' Council shall—
(a)  prepare reports on matters arising from premises visited within 60 days and send the same to the relevant Trust, overview and scrutiny committee, Independent Local Advisory Forum and Health Authority, which bodies shall be required to respond; and
(b)  have the right to refer any matters to the Secretary of State for action in the event that it is dissatisfied with the response from the above bodies."
 

Clause 16

 

THE BARONESS HANHAM

121A*Page 13, leave out lines 15 to 18 and insert—
"(5A)  The Patients' Forum for an NHS trust shall appoint one of its members to represent it, in an advisory capacity, on the Trust Board.""
 

Clause 37

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

227A*Page 45, line 1, leave out paragraph (b)
 

Clause 50

 

THE LORD CLEMENT-JONES
THE BARONESS NORTHOVER

229A*Page 51, line 40, leave out subsection (3)
 

Clause 57

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 57 stand part of the Bill.
 

Clause 58

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 58 stand part of the Bill.
 

Clause 59

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 59 stand part of the Bill.
 

Clause 61

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 61 stand part of the Bill.
 

Clause 62

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

The above-named Lords have given notice of their intention to oppose the Question that Clause 62 stand part of the Bill.

 
 
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19 March 2001