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

House of Lords

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Schedule 1

 

THE EARL HOWE
THE BARONESS NOAKES

Page 108, line 12, at end insert "are entitled to free care from the National Health Service and"
Page 108, line 12, at end insert "are over 18 years of age and"
Page 108, line 20, leave out sub-paragraph (3)
Page 108, line 20, leave out sub-paragraph (3) and insert—
"(3)      Where less than 50 per cent of the patients of a corporation live in the area specified under sub-paragraph (1)(a), the constitution shall provide for members of the corporation to be individuals who live outside that area and who have attended any of the corporation's hospitals as patients (including individuals attending as the carer of a patient) ("the patient constituency").
(3A)      Where sub-paragraph (3) does not apply, the constitution may also provide for the public constituency to include individuals who live outside the area specified by sub-paragraph (1)(a) and who have attended any of the corporation's hospitals as patients (including individuals attending as the carer of a patient)."
Page 108, line 21, leave out from "have" to end of line 22 and insert "been patients of any of the corporation's hospitals (including individuals who have been the carer of a patient)"
Page 108, line 22, at end insert—
"(   )      A "carer", for the purposes of sub-paragraph (3), means an individual aged 16 or over who provides or intends to provide substantial care on a regular basis for the patient and does not provide the care in question—
(a)  by virtue of a contract of employment or other contract with any person; or
(b)  as a volunteer for a voluntary organisation as defined in the National Assistance Act 1948 (c. 29)."
Page 108, line 23, leave out sub-paragraph (4)
Page 109, line 3, after first "of" insert "50"
Page 109, line 5, leave out sub-paragraph (1)
Page 109, line 7, leave out sub-paragraph (2)
Page 109, line 17, at end insert "using an electoral system to be specified in regulations made by the Secretary of State"
Page 109, line 29, leave out sub-paragraph (2)
Page 109, line 32, at end insert "or patient constituency"
Page 109, line 35, at end insert "and if the corporation provides goods and services for more than one Primary Care Trust, the right of appointment shall be given to the Primary Care Trust or Primary Care Trusts for which the greatest value of services is provided"
Page 109, line 43, leave out sub-paragraph (6)
Page 110, line 8, leave out "corporation" and insert "board of governors"
Page 110, line 17, at end insert—
"(   )  the election of the chairman of the board,"
Page 110, line 19, leave out sub-paragraph (2)
Page 110, line 28, at end insert "and another a person practising as a clinician in the corporation"
Page 110, line 29, at end insert—
"(   )      A majority of the board is to comprise the directors referred to in sub-paragraph (1)(b)."
Page 110, line 37, at end insert—
"(   )      A person may not be appointed as a non-executive director if he is a member or chairman of the board of governors."
Page 110, line 38, leave out "at a general meeting"
Page 110, line 43, after "for" insert "the board of directors on the recommendation of"
Page 111, line 2, leave out "voting at a general meeting"
Page 111, line 3, leave out "at a general meeting"
Page 111, line 8, at end insert—
"(   )      The committee referred to in sub-paragraph (2) shall make a report each year on the matters referred to in that sub-paragraph to the board of governors."
Page 111, line 8, at end insert—
      "The chief executive shall be the Accounting Officer of the corporation."
Page 111, line 15, after second "of" insert "the members of the board of governors and"
Page 111, line 15, at end insert—
"(   )      The register of interests referred to in sub-paragraph (1)(d) shall include relevant financial information and any political affiliations within the previous five years."
Page 111, line 37, leave out sub-paragraph (2) and insert—
"(2)      The board of governors shall appoint an auditor each year at a general meeting of the board.
(3)      If an auditor resigns after he has been appointed, the board of governors must appoint another auditor to act until the next general meeting of the board at which an appointment may be made formally."
Page 111, line 39, leave out sub-paragraph (3) and insert—
"(3)      The persons eligible for appointment as auditor under subsection (1) are—
(a)  the National Audit Office;
(b)  the Audit Commission;
(c)  a person eligible for appointment under section 25 of the Companies Act 1989 (c. 40)."
Page 112, line 1, leave out paragraph (b)
Page 112, leave out line 5 and insert "act as an audit committee with the following functions—
(a)  to monitor the integrity of the accounts of the corporation, including reviewing significant financial reporting judgements;
(b)  to review the corporation's internal control system and risk management systems;
(c)  to monitor and review the effectiveness of the corporation's internal audit functions; and
(d)  to monitor the exercise of the auditor's functions, including monitoring and reviewing the auditor's independence, objectivity and effectiveness."
Page 112, line 8, leave out "with the approval of the Treasury"
Page 112, line 14, leave out sub-paragraph (4)
Page 112, line 18, leave out "with the approval of the Treasury"
Page 112, line 21, leave out "with the approval of the Treasury"
Page 112, line 28, leave out "any" and insert "the"
Page 112, line 38, at end insert—
"(1A)      The report shall contain a breakdown of the costs incurred by the public benefit corporation running elections and managing the membership."
Page 113, line 3, at end insert ", such periods to be coterminous with those in paragraph 23(5)"
Page 113, line 5, leave out "in respect of each financial year"
Page 113, line 5, at end insert—
"(   )      The information referred to in sub-paragraph (1) shall cover such periods and deal with such matters as the regulator shall specify."
Page 113, line 12, leave out "any" and insert "the"
 

Schedule 2

 

THE EARL HOWE
THE BARONESS NOAKES

Page 113, line 23, leave out from "period" to end of line 24 and insert "of five years and he may seek re-appointment"
Page 113, leave out line 27 and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 113, line 28, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 113, line 29, leave out "or misbehaviour" and insert ", misconduct or incompetence"
Page 113, line 29, at end insert "subject to approval by resolution of each House of Parliament"
Page 113, line 31, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 113, line 36, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 113, line 38, leave out first "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 114, line 4, leave out "Secretary of State" and insert "Special Health Authority designated under section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
Page 114, line 24, leave out "(generally or specifically)"
Page 114, line 25, at end insert—
"(   )      The regulator must co-operate with the CHAI where it seems to either of them that it is appropriate to do so for the efficient and effective discharge of their respective functions."
Page 114, line 27, leave out paragraph 5 and insert—
 "5   (1)   The Secretary of State shall make such contributions to the regulator's expenses as the regulator shall request.
(2)      If the Secretary of State believes that the amounts requested by the regulator are unreasonable, he shall refer the matter to the chairman of the Select Committee for Health whose decision shall be binding on the Secretary of State."
Page 114, line 32, at end insert—
"(   )      The annual report shall include a summarised account for all NHS foundation trusts for the financial year."
 

Schedule 5

 

THE EARL HOWE
THE BARONESS NOAKES

Page 128, line 37, leave out ", in the public interest,"
Page 128, line 39, leave out "public" and insert "members of the trust"
Page 128, line 41, leave out "the public interest requires any such matter to" and insert "he is of the opinion that any such matter should"

 
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©Parliamentary copyright 2003
10 September 2003