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Amendments to the Health and Social Care Bill

Health and Social Care Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 4th April 2001, as follows—

Clauses 1 to 9
Schedule 1
Clauses 10 to 37
Schedule 2
Clauses 38 to 48
Schedule 3
Clauses 49 to 52
Clause 70
Clauses 53 to 56
Schedule 4
Clauses 57 to 69
Clauses 71 to 77
Schedules 5 and 6

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

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

1Page 2, line 28, at end insert—
    "(1B)  The Secretary of State shall in directions under subsection (1A) have regard to the need to ensure and maintain an adequate distribution throughout England and Wales of medical practitioners providing general medical services under arrangements made under section 10 of the 1977 Act, or providing personal medical services under section 28C of that Act.""
2Page 2, line 42, at end insert—
    "(2B)  The Secretary of State shall in directions under subsection (2A) have regard to the need to ensure and maintain an adequate distribution throughout England and Wales of medical practitioners providing general medical services under arrangements made under section 10 of the 1997 Act, or providing personal medical services under section 28C of that Act.""
 

Clause 2

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

3Page 3, line 6, leave out from first "objectives" to end of line 11 and insert "set by the Authority as objectives to be met in performing their functions and approved by the Secretary of State, or
(b)  they met the performance criteria set by the Authority and approved by the Secretary of State as criteria relevant to the satisfactory performance of their functions (judged by the method of measuring their performance against those criteria set by the Authority and approved by the Secretary of State),
  and the Secretary of State shall publish details of such objectives, performance criteria and method of measuring performance within 28 days of approving the same."
 

Clause 3

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

4Page 3, line 19, at end insert ", at the request of any Health Authority or any trust with the approval of a Health Authority,"
5Page 3, line 28, after "may" insert ", at the request of any Health Authority or any trust with the approval of a Health Authority,"
 

Clause 7

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

6*Page 6, line 40, at end insert—
"(   )  as to the provisions of resources to an authority to which this section applies to enable effective review and scrutiny"
 

After Clause 7

 

THE LORD HARRIS OF HARINGEY

7Insert the following new Clause—
  "Establishment of committee by Greater London Authority
(1)  The London Assembly of the Greater London Authority may establish a committee which has, in relation to the London Ambulance Service and health service matters (within the meaning of section 7(5) above) that apply to all of London or to the area covered by more than eight London boroughs, the same powers as an overview and scrutiny committee as defined in section 21 of the Local Government Act 2000 (c. 22).
(2)  Regulations may, in relation to a committee established under subsection (1), make provision—
(a)  as to the matters relating to the health service in the Greater London Authority's area which the committee may review and scrutinise,
(b)  as to matters relating to the health service in the Greater London Authority's area on which the committee may make reports and recommendations to local NHS bodies,
(c)  as to matters on which local NHS bodies must consult the committee in accordance with the regulations,
(d)  as to information which local NHS bodies must provide to the committee,
(e)  as to information which may not be disclosed by a local NHS body to the committee,
(f)  requiring any officer of a local NHS body to attend before the committee to answer questions.
(3)  For the purposes of any provision of subsection (2), "local NHS body", in relation to a committee established under subsection (1), means a Health Authority, Primary Care Trust or NHS trust specified for these purposes by regulations in relation to the committee."
 

Before Clause 12

 

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

8Insert the following new Clause—
  "Reform of Community Health Councils
(1)  The Secretary of State shall by regulations provide for the reform of Community Health Councils established for districts in England under section 20 of the 1977 Act.
(2)  The regulations shall provide for—
(a)  renaming Community Health Councils as Patients' Councils (referred to in this section as "Councils");
(b)  the information which local National Health Service bodies must provide to Councils;
(c)  the funding of Councils and the provision of premises and other facilities by the Secretary of State;
(d)  the membership of Councils.
(3)  The functions of a Council are—
(a)  to establish sub-committees for each National Health Service trust and Primary Care Trust in the district of the Council, to be known as Patients' Forums (referred to in this section as "Forums");
(b)  to facilitate the co-ordination by Forums of their activities;
(c)  to make reports and submit recommendations to Health Authorities, local authorities and their committees, National Health Service trusts, Primary Care Trusts, the national patients' body for England and to the Secretary of State in accordance with the regulations;
(d)  to carry out such arrangements as may be made with the Council under section 19A of the 1977 Act (independent advocacy services);
(e)  to appoint, for each Forum within its district, one member as a non-executive director to the board of the trust to which the Forum relates;
(f)  to appoint a representative, having such functions as may be prescribed, to attend meetings of each relevant health authority;
(g)  to arrange for functions of Forums to be performed under joint arrangements between Councils, where such arrangements are appropriate to meet the needs of their communities;
(h)  to receive and respond to disclosures under the Public Interest Disclosure Act 1998 (c. 23) where such disclosures reveal matters of concern for patients in the health service or for the wider community;
(i)  to refer issues of concern to patients to health authorities, local authorities and such national quality assurance bodies as the regulations may prescribe and to the Secretary of State;
(j)  such other functions as the regulations may prescribe.
(4)  The functions of a Forum are to—
(a)  monitor and review the operation of services provided by, or under arrangements made by, the trust to which it relates;
(b)  obtain the views of patients, carers and the wider community about those services and report on those views to the Council and to the trust;
(c)  having regard to the views obtained in accordance with subsection (4)(b), provide advice and make reports and recommendations about matters relating to those services to the Council, the relevant Health Authority, and the trust;
(d)  make available to patients and their carers advice and information about those services;
(e)  carry out such functions in relation to primary care services as may be prescribed by regulations made by the Secretary of State;
(f)  in prescribed circumstances, to perform any prescribed function of the trust with respect to the provision of a service affording assistance to patients and their families and carers;
(g)  carry out such other functions as may be prescribed.
(5)  Regulations shall provide for the membership of a Forum, which shall comprise—
(a)  as to at least a quarter of its membership, members or representatives of voluntary organisations whose members or client groups have an interest in the health service;
(b)  as to at least a quarter of its membership, patients;
(c)  as to at least a quarter of its membership, carers;
(d)  such other persons as may be prescribed.
(6)  References in subsection (4) 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 section 31 arrangements in relation to the exercise of health-related functions of a local authority, and
(c)  services provided elsewhere (and not part of the health service in England) in pursuance of section 31 arrangements with a local authority in England.
(7)  In this section—
(a)  "relevant Health Authority" in subsection (4)(c) in relation to a Forum for a Primary Care Trust, means the Health Authority whose area is, or includes, the area for which the trust is established;
(b)  "prescribed" means prescribed by regulations made by the Secretary of State;
(c)  "section 31 arrangements" means arrangements under regulations under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities);
(d)  "carer", in relation to a patient, means a person who provides care for the patient, but who is not employed to do so by any body in the exercise of its functions under any enactment;
(e)  "the health service" has the same meaning as in the 1977 Act;
(f)  "patient" includes (as well as a patient within the meaning of that Act) a person who receives services provided in pursuance of section 31 arrangements in relation to the exercise of health related functions of a local authority."
 

Clause 12

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

9Leave out Clause 12
 

Clause 13

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

10Leave out Clause 13
 

Clause 17

 

THE LORD HARRIS OF HARINGEY

11Page 13, line 29, at end insert ", to ensure that such services make available to patients and their carers information about their services, and to require such services to make reports to the relevant overview and scrutiny committee and to the relevant Patients' Councils on such matters arising from their work that seems to those services to be of public concern"
 

THE EARL HOWE
THE LORD ASTOR OF HEVER

12Page 13, line 29, at end insert "through each Patients' Council"
 

Clause 18

 

THE LORD HARRIS OF HARINGEY

13Page 14, line 40, at end insert—
"(   )  managing on behalf of the Secretary of State the funding of Patients' Forums and the provision of premises, other facilities and staff as may be prescribed by regulations made by the Secretary of State under section 16(2)(h);"
 

Clause 19

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

14Leave out Clause 19
 

Clause 20

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

15Leave out Clause 20
 

Clause 21

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

16Page 17, line 6, leave out from second "is" to third "or" in line 7 and insert "failing significantly in the performance of one or more of its functions,"
17Page 17, line 11, at end insert—
"(   )  is satisfied that all other remedial actions appropriate to the circumstances have been taken,"
18Page 18, line 37, 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.""
 

Clause 23

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

19Page 19, line 29, after "consultation" insert ", including consultation with the local medical committee for its area,"
 

Clause 25

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

20Page 19, line 41, leave out from "services)" to end of line 2 on page 20 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 26

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

21Page 20, line 43, leave out from "provider"" to end of line 45 and insert "means a person or persons who provide deputies to doctors and includes a body which—
(a)  consists only of—
(i)  doctors whose names are included in the list, the supplementary list or the services list of a Health Authority, and who arrange to act as deputies to each other, or
(ii)  pilot doctors and doctors whose names are included in the list of a Health Authority who co-operate in such a way that one doctor will cover for another to secure the performance of personal medical services or, as the case may be, the provision of general medical services for their patients; and
(b)  keeps separate accounts in relation to such arrangements"

 
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©Parliamentary copyright 2001
23 April 2001