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Amendments to the Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 49

 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 35, after "English" insert "and Welsh"
Page 17, leave out line 37
Page 17, line 38, leave out subsection (2)
 

Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

Page 18, line 41, after "English" insert "or Welsh"
Page 19, line 1, after "English" insert "or Welsh"
Page 19, line 4, after "English" insert "or Welsh"
Page 19, line 10, leave out "Secretary of State" and insert "the appropriate authority"
Page 19, line 21, leave out "English"
Page 19, line 21, leave out "or cross border SHA"
Page 19, line 26, leave out ", if regulations so provide,"
 

Clause 52

 

THE EARL HOWE
THE BARONESS NOAKES

Page 20, line 28, at end insert—
"(   )  A report under this section shall not be made by the CHAI unless a draft of the report has been shown to any NHS body in respect of which significant failings have been identified and—
(a)  the NHS body has confirmed that it does not disagree with the draft report;
(b)  the NHS body has not responded within a reasonable period of receipt of the draft report; or
(c)  the NHS body has submitted comments to the CHAI in respect of the draft report and the CHAI has considered those comments."
 

Clause 53

 

THE EARL HOWE
THE BARONESS NOAKES

Page 20, line 32, after "to" insert "make regular reports available to the public about and"
 

Clause 54

 

THE EARL HOWE
THE BARONESS NOAKES

Page 21, line 6, leave out "is to keep the regulator" and insert "and the regulator are to keep each other."
Page 21, line 6, after "to" insert "make regular reports available to the public about and"
 

Clause 55

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 55 stand part of the Bill.
 

Clause 56

 

THE EARL HOWE
THE BARONESS NOAKES

Page 21, line 20, leave out "may" and insert "must"
Page 21, line 22, after "English" insert "or Welsh"
Page 22, line 18, at end insert—
"(   )  Regulations made under this section shall not have effect unless they have been approved by a resolution of each House of Parliament."
 

Clause 59

 

THE EARL HOWE
THE BARONESS NOAKES

Page 22, line 38, after "may" insert "not"
Page 22, line 42, at end insert—
"(   )  Regulations made under this section shall be exercisable by statutory instrument and any such instrument shall not have effect unless a draft of the instrument has been laid before and approved by each House of Parliament."
 

Before Clause 61

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Financial duty
  The CHAI must manage its financial affairs so that its annual costs, including depreciation, are covered by the total of—
(a)  its income from fees under sections 61 and 62;
(b)  any amounts paid to it under paragraphs 9(1) and 9(2) of Schedule 6 of this Act; and
(c)  any other amounts treated as income in its income and expenditure account."
 

Clause 61

 

THE EARL HOWE
THE BARONESS NOAKES

Page 23, line 41, at end insert—
"(   )  Regulations made under this section must ensure that aggregate of fees charged by CHAI to English NHS bodies or cross-border SHAs must cover no more than the costs of the functions or activities in respect of those bodies."
Page 23, line 41, at end insert—
"(   )  The Secretary of State may not make regulations under this section if they have the effect that the amounts that the CHAI is allowed to recover by way of fees is insufficient to meet its financial duty as set out in section (Financial duty)"
 

Clause 62

 

THE EARL HOWE
THE BARONESS NOAKES

Page 24, line 32, at end insert—
"(   )  The Assembly may not make regulations under this section if they have the effect that the amounts that the CHAI is allowed to recover by way of fees is insufficient to meet its financial duty as set out in section (Financial duty)."
 

Clause 65

 

THE EARL HOWE
THE BARONESS NOAKES

Page 25, line 27, at end insert—
"(   )  The CHAI must ensure that any documents or items removed under subsection (1) are not retained for an unreasonable period of time and must give reasons in writing for their retention if so requested by—
(a)  the person from whose premises the documents or items were removed, or
(b)  any other person with an interest in the documents or items."
 

Clause 66

 

THE EARL HOWE
THE BARONESS NOAKES

Page 26, line 8, leave out "(including personal records)"
Page 26, line 14, at end insert—
"(   )  The CHAI may require the provision of personal records under subsection (1) only if those records are made anonymous or if the person to whom the records relate has given his consent on an informed basis.
(   )  Nothing in this section shall prevent the Secretary of State making regulations under section 60 of the Health and Social Care Act 2001 (c. 15) (control of patient information)."
 

Clause 67

 

THE EARL HOWE
THE BARONESS NOAKES

Page 26, line 38, at end insert—
"(   )  Regulations made under this section shall not have effect unless they have been approved by resolution of each House of Parliament."
 

Clause 68

 

THE EARL HOWE
THE BARONESS NOAKES

Page 27, line 5, after "conducting" insert "where appropriate in conjunction with the CHAI"
Page 27, line 6, at end insert—
"(   )  It shall be the duty of the Assembly to request the CHAI to exercise so much of its function under this section as relates to English NHS bodies."
Page 27, line 27, at end insert—
"(   )  the impact of its decisions upon the provision of healthcare in areas of England which border Wales,"
Page 27, line 29, at end insert "or in the case of NHS trusts which provide services to both English and Welsh patients, to statements published under section 45"
Page 27, line 32, leave out paragraph (b)
Page 27, line 33, at end insert—
"(   )  For the purposes of subsection (1), the Assembly may request the CHAI to provide it with a report on the provision of healthcare by an English NHS body to a Welsh NHS body."
 

Clause 69

 

THE EARL HOWE
THE BARONESS NOAKES

Page 27, line 37, leave out "Secretary of State" and insert "CHAI"
Page 28, line 10, leave out "regulator" and insert "CHAI"
 

Clause 70

 

THE EARL HOWE
THE BARONESS NOAKES

Page 28, line 31, leave out "or for"
 

Clause 71

 

THE EARL HOWE
THE BARONESS NOAKES

Page 29, line 4, at end insert—
"(   )  The Assembly must ensure that any documents or items removed under subsection (1) are not retained for an unreasonable period of time and must give reasons in writing for their retention if so requested by—
(a)  the person from whose premises the documents or items were removed, or
(b)  any other person with an interest in the documents or items."
 

Before Clause 74

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Standards (No. 2)
(   )  The CSCI shall be the principal guardian of standards in relation to social services and may prepare and publish standards in relation to the provision of social services in England and Wales.
(   )  The CHAI must keep the standards under review and may publish amended statements whenever it considers it appropriate.
(   )  The CSCI must consult the Secretary of State, the Assembly and such other persons as it considers appropriate before publishing a statement or amended statement under this section.
(   )  The standards set out in statements under this section are to be taken into account by every local authority in England and Wales in discharging its functions in relation to social care.
(   )  Standards published under this section shall take precedence over guidance issued under section 7 of the Local Authority Social Services Act 1970 (c. 42) (local authorities to exercise social services functions under guidance of Secretary of State)."
 

Clause 74

 

THE EARL HOWE
THE BARONESS NOAKES

Page 30, line 32, leave out "and their value for money"
 

Clause 75

 

THE EARL HOWE
THE BARONESS NOAKES

Page 30, line 39, after "to" insert "make regular reports available to the public about and to"
 

Clause 76

 

THE EARL HOWE
THE BARONESS NOAKES

Page 31, line 17, at end insert—
"(   )  The CSCI may conduct or commission such research as it deems necessary to ensure that the future development of care services is based on independent knowledge and expertise."
 

Clause 77

 

THE EARL HOWE
THE BARONESS NOAKES

Page 31, line 28, leave out subsection (2)
Page 31, line 31, leave out "and approved by the Secretary of State"
Page 31, line 37, at end insert "the standards set out in statements published under section (Standards (No. 2))"
 

Clause 78

 

THE EARL HOWE
THE BARONESS NOAKES

Page 32, line 22, at end insert "the standards set out in statements published under section (Standards (No. 2))"
 

Clause 79

 

THE EARL HOWE
THE BARONESS NOAKES

Page 32, line 38, leave out "awards the lowest performance rating to" and insert "concludes as a result of an assessment that there is a significant cause for concern about the effectiveness of the performance of"
Page 33, line 6, at end insert—
"(   )  The CSCI shall not communicate with the Secretary of State under subsection (2) or (3) in respect of a local authority unless it has shown to that authority a draft of the document that it intends to send to the Secretary of State and—
(a)  the local authority has confirmed that it is does not disagree with the draft report, or
(b)  the local authority has not responded within a reasonable period of time following receipt of the draft report, or
(c)  where the local authority has submitted comments to the CSCI in respect of the draft report and the CSCI has considered those comments."

 
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©Parliamentary copyright 2003
12 September 2003