Health and Social Care (Community Health and Standards) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 25

 

THE EARL HOWE
THE BARONESS NOAKES

Page 10, line 38, leave out subsection (2)
Page 11, line 1, at end insert—
"(   )  Any property or liabilities which are not transferred under subsection (3) shall be transferred to the Secretary of State."
 

Clause 27

 

THE EARL HOWE
THE BARONESS NOAKES

Page 11, line 35, leave out paragraph (a)
Page 12, line 6, at end insert—
"(   )  Before giving an authorisation under this subsection the regulator must consult the Independent Reconfiguration Panel."
Page 12, line 22, leave out subsection (6) and insert—
"(6)  The applicants must carry out a consultation about their application, including consultation with any persons who are prescribed by regulations, and the regulator may not issue a certificate or give an authorisation under subsection (4) unless he is satisfied that the applicants have carried out adequate consultation and has complied with the regulations."
 

Clause 36

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
 

After Clause 38

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Review of democratically accountable governance
(1)  It shall be the duty of the Secretary of State to establish an independent review body to carry out the functions specified in subsections (4) to (6).
(2)  The Secretary of State shall appoint at least nine members of the independent review body.
(3)  The independent review body shall elect a chairman from amongst its members.
(4)  The independent review body shall prepare reports containing proposals relating to the establishment of a local, democratically accountable system of governance for NHS foundation trusts and Primary Care Trusts.
(5)  The independent review body may in particular make proposals in accordance with the provisions of subsection (4) relating to—
(a)  methods of securing wider public participation in the governance of NHS foundation trust and Primary Care Trusts;
(b)  methods of increasing public awareness and access to information about the governance of NHS foundation trusts and Primary Care Trusts; and
(c)  the membership of public benefit corporations.
(6)  The independent review body must—
(a)  lay a copy of any report prepared in accordance with the provisions of this section before Parliament, and
(b)  once they have done so, send a copy of it to—
(i)  the Secretary of State, and
(ii)  the regulator."
 

Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 64, line 18, after "person" insert "otherwise than during or as a consequence of NHS treatment"
Page 65, line 4, at end insert "or an ex gratia payment"
Page 65, line 10, at end insert—
"(   )  Subsection (1) does not apply if the person making the payment is a not-for-profit organisation, charitable organisation or private sports club."
Page 65, line 19, after second "treatment" insert "carried out within 12 months of the injury for which compensation has been paid"
Page 66, line 9, at end insert—
"(12A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 147

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 66, line 40, leave out subsection (7)
 

Clause 149

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 68, line 17, at end insert—
"(   )  A certificate must specify the rights of the person to whom it is issued to have the certificate reviewed under section 152 or to appeal under sections 153 to 155."
Page 70, line 16, at end insert—
"(10A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 150

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 70, line 24, leave out "14" and insert "30"
 

Clause 153

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 74, line 18, at end insert—
"(8)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 156

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 76, line 19, at end insert—
"(3A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 158

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 78, line 16, at end insert—
"(3A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 159

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 79, line 18, at end insert—
"(3A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 160

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 79, line 35, at end insert—
"(4A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 161

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 80, line 11, at end insert—
"(1A)  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 166

 

THE EARL HOWE
THE BARONESS NOAKES

Page 81, line 24, leave out "primary" and insert "and promote the development of primary NHS"
 

Clause 167

 

THE EARL HOWE
THE BARONESS NOAKES

Page 82, line 5, at end insert "provided that these functions include school screening as well as oral health promotion and local oral health surveys to help plan services."
Page 82, line 7, at end insert "provided that these functions include school screening as well as oral health promotion and local oral health surveys to help plan services."
Page 82, line 23, at end insert—
"(   )  Regulations made in respect of the matters set out in this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

Clause 168

 

THE EARL HOWE
THE BARONESS NOAKES

Page 82, line 40, at end insert—
"(   )  the requirement for the contractor to collect charges for dental services under section 79 of the 1977 Act, to pay them to the Primary Care Trust or Local Health Board and to comply with financial control requirements regarding charges for dental services as specified by the Primary Care Trust or Local Health Board, and"
Page 84, leave out lines 1 to 40
Page 85, leave out lines 15 to 17
 

Clause 170

 

THE EARL HOWE
THE BARONESS NOAKES

Page 87, line 9, at end insert—
"(   )  Regulations under subsection (5) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

Clause 171

 

THE EARL HOWE
THE BARONESS NOAKES

Page 87, line 37, at end insert—
"(   )  Regulations under subsection (1) shall reflect the principle of patient choice."
Page 87, line 39, at end insert—
"(   )  Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
Page 88, leave out from beginning of line 44 to end of line 14 on page 89
Page 90, line 3, leave out "may" and insert "must"
Page 90, line 4, after "circumstances" insert "and manner"
Page 90, line 8, after "may" insert "or may not"
Page 90, leave out lines 10 to 12
Page 90, line 13, leave out "suspending or terminating" and insert "as to the circumstances in which a Primary Care Trust or Local Health Board may agree with a contractor that"
Page 90, line 14, at end insert "is suspended or terminated"
 

Clause 175

 

THE EARL HOWE
THE BARONESS NOAKES

Page 94, leave out lines 16 to 18
Page 94, leave out lines 21 and 22
Page 94, leave out lines 37 to 48
 

Clause 178

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 178 stand part of the Bill.
 

Clause 179

 

THE EARL HOWE
THE BARONESS NOAKES

Page 96, line 22, at end insert—
"(   )  Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament."
 

Before Clause 183

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "
(1)  It shall be the duty of the Secretary of State to secure that there is a Special Health Authority designated to perform the functions specified in subsections (2) to (4) and related functions provided for under this Act or under any other enactment.
(2)  The function specified in this subsection is the appointment of the Independent Regulator of NHS Foundation Trusts.
(3)  The function specified in this subsection is the appointment of the chairman and members of the CHAI (other than the member appointed by the Assembly).
(4)  The functions specified in this subsection is the appointment of the chairman and members of the CSCI."
 

Clause 191

 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 105, line 16, leave out from "from" to "is" and insert "regulations under sections 146, 149, 153, 156 or 158 to 161"
 

THE EARL HOWE
THE BARONESS NOAKES

Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of section 177 may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE EARL HOWE
THE LORD SKELMERSDALE

Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of Part 3 may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House."

 
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©Parliamentary copyright 2003
10 September 2003