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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 2

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 1, line 11, leave out "officer" and insert "office within the Commission for Healthcare Audit and Inspection,"
Page 1, line 13, leave out "Secretary of State" and insert "NHS Appointments Commission"
Page 1, line 13, leave out "a person" and insert "up to five persons, including a chairman,"
 

Clause 3

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 2, line 6, at end insert "ensuring specifically that adequate numbers of training posts are provided in the new foundation trusts and that their relationships with deaneries maintained"
Page 2, line 6, at end insert "and that is consistent with the principles of fairness and of universal coverage"
 

Clause 4

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 2, line 29, at end insert "subject to the approval of the Commission for Healthcare Audit and Inspection"
 

Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 2, line 33, leave out from "trust" to end of line 34 and insert "provided those persons do not continue to undertake commissioning work on behalf of NHS patients"
Page 3, line 19, at end insert "subject to the approval of the Commission for Healthcare Audit and Inspection"
 

Clause 6

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 3, line 40, leave out subsection (4) and insert—
"(4)  In deciding whether or not to give an authorisation in response to an application under section 4 or 5, the regulator shall have regard to the outcome of a public consultation under section (Consultation relating to applications for foundation status)."
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

Page 5, line 21, at end insert "including the guarantee of any obligations of an NHS foundation trust"
 

Clause 15

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 7, line 24, leave out "may" and insert "must"
Page 7, line 27, leave out "power" and insert "duty"
 

Clause 17

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 8, line 13, leave out subsections (2) and (3) and insert—
"(2)  The trust will have certain limits on its rights to borrow, as outlined in subsection (3).
(3)  The trust's borrowings shall not endanger, or incur the loss of protected property, as outlined in section 16."
 

Clause 18

 

THE EARL HOWE
THE BARONESS NOAKES

Page 8, line 26, at end insert—
"(   )  An NHS foundation trust shall have power to procure information technology systems subject only to compliance with such interoperability standards as may be specified in regulations."
 

Clause 24

 

THE EARL HOWE
THE BARONESS NOAKES

Page 10, line 22, at end insert—
"(   )  If the board of governors of an NHS foundation trust consider that its financial position is such that a moratorium or a voluntary arrangement would be desirable, it may apply to the regulator to issue a notice under subsection (1) and the regulator must issue a notice unless he considers that it is not in the public interest for him to do so."
 

Clause 31

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 13, line 19, leave out subsection (2) and insert—
"(2)  In section 15 (establishment of patients' forums) after paragraph (1)(b) there is inserted "and
(c)  for each foundation trust.""
Page 13, line 26, after "reports)" insert—
"(a)  in subsection (2)(c)(ii) after "NHS trust" there is inserted "or foundation trust";"
Page 13, line 29, at end insert—
"(5)  In section 16 (additional functions of PCT patients' forums) in subsection (4)(c) after "NHS trusts" there is inserted "and Foundation Trusts"."
(6)  In section 19 (supplementary)—
(a)  in subsection (2)(k) after "by an NHS trust," there is inserted "a foundation trust,";
(b)  in subsection (2)(p) after "by NHS trusts," there is inserted "foundation trusts,"; and
(c)  in subsection (4)(a) after "for each NHS trust" there is inserted "and foundation trust"."
 

Clause 38

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 15, leave out line 6 and insert "ethically, and put and keep in place arrangements for the purpose of monitoring and improving the quality of health care provided by and for that body"
 

Clause 45

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 16, line 24, leave out "Secretary of State" and insert "CHAI"
Page 16, line 27, leave out "Secretary of State" and insert "CHAI"
Page 16, line 29, leave out "Secretary of State" and insert "CHAI"
Page 16, line 29, leave out "he" and insert "it"
Page 16, line 32, leave out "the opinion of the Secretary of State" and insert "its opinion"
 

Clause 47

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 17, line 22, at end insert—
"(   )  the availability and quality of information for patients about the health care;"
Page 17, line 24, at end insert ", elderly people and other vulnerable patient groups"
Page 17, line 28, at end insert "; and
(   )  the delivery of healthcare in line with correct ethical practice"
Page 17, line 28, at end insert "; and
(   )  the clinically appropriate prioritisation of healthcare interventions"
 

Clause 48

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 17, line 30, leave out "has the function of publishing" and insert "must publish"
 

THE EARL HOWE
THE BARONESS NOAKES

Page 17, line 31, at end insert "including the publication of data for the purpose of monitoring the performance of the Department of Health against its Public Service Agreements"
 

Clause 49

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 17, line 38, leave out subsection (2)
 

Clause 50

 

THE EARL HOWE
THE BARONESS NOAKES

Page 18, line 13, leave out "and" and insert "or"
Page 18, line 14, leave out "and" and insert "or"
Page 18, line 16, leave out "and" and insert "or"
 

Clause 51

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 19, line 10, leave out from "If" to "conduct" and insert "requested, the CHAI may"
 

Clause 52

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 19, line 40, at end insert—
"(   )  there are significant failings in relation to the provision of guidance to NHS bodies by the Secretary of State"
 

Clause 58

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 22, line 9, after "efficiency" insert ", equity"
 

Clause 59

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 22, line 21, leave out subsection (1)
 

Clause 100

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 41, line 34, at end insert—
"(   )  any non-NHS health care provided by an NHS or non-NHS body or person regulated under Part 2 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17)."
 

Clause 101

 

THE EARL HOWE
THE BARONESS NOAKES

Page 42, line 15, at end insert—
"(   )  The CHAI shall ensure that so far as it is practicable the standards and procedures applied to its responsibilities in relation to independent health services are the same as those applied to services provided by or for NHS bodies."
 

Clause 111

 

THE EARL HOWE
THE BARONESS NOAKES

Page 46, line 37, at end insert—
"(   )  the provision of health care services by any other person or body."
Page 47, line 15, at end insert—
"(   )  Regulations under this section may provide for how correspondence relating to complaints is to be dealt with by the bodies listed in subsection (3), including adherence to time limits for replying substantively to correspondence."
 

Clause 113

 

THE EARL HOWE
THE BARONESS NOAKES

Page 48, line 36, at end insert—
"(   )  the circumstances in which a complaint must be the subject of an oral hearing and the procedures to be adopted at such a hearing;"
Page 48, line 37, leave out paragraph (f)
 

Clause 166

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 81, line 27, at end insert "and will ensure that provision that is currently available under the existing system, including the care of those with special needs, and services such as orthodontics and oral surgery will be secured"
 

Clause 170

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 86, leave out lines 39 to 41
 

Clause 171

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 89, line 21, at end insert—
"(   )  No direction issued under subsection (1) shall involve payment based on rewarding contractors for reaching a target number or target proportion of treatments given."
Page 90, line 3, after "(2)(c)" insert "and (i)"
Page 90, line 8, at end insert—
    "(   )  Regulations making provision of the kind described in subsection (3)(b) and (c) must provide for a process whereby such patients or their representatives are informed of the reason, or reasons, for such a decision.
    (   )  Regulations making provision in subsection (2)(i) must make provisions as to the circumstances in which such persons or patients as referred to in subsection (3)(b) or (c) may have access to an appeal procedure."
Page 90, line 22, at end insert—
    "(   )  Such provisions, as described in subsection (6) must also require the appropriate authority to—
    (a)  publish a statement of the evidence on efficacy, cost-effectiveness, or affordability (or both) which underlies any directions as to drugs, medicines and other substances which may or may not be ordered for patients in the provision of medical services; and
    (b)  consult the overview and scrutiny committee of such local authorities in whose area such contractor, or contractors, operate before issuing such directions."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 90, line 23, leave out subsection (7)
 

Clause 181

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 99, leave out lines 13 to 27
 

Clause 196

 

THE EARL HOWE
THE BARONESS NOAKES

Page 107, line 9, at end insert—
"(   )  No order may be made under this section unless a draft of the order has been laid before and approved by both Houses of Parliament."
 

Schedule 1

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 108, line 12, leave out paragraph 3
Page 108, line 20, leave out "may" and insert "shall"
Page 108, line 21, after "who" insert "are attending or"
Page 108, line 21, after "as" insert "NHS"
Page 108, line 22, leave out "a" and insert "an NHS"
Page 109, line 5, leave out paragraph 5
Page 109, line 10, leave out paragraph 6
Page 109, line 11, leave out "members" and insert "employees"
Page 109, line 13, leave out from "board" to end of line 14 and insert "shall be appointed by the stakeholders as provided for in paragraph 8A of this Schedule"
Page 109, line 44, at end insert—
 "8A   (1)   The stakeholders who may appoint members of the board for the purposes of paragraph 6 shall include—
(a)  the employees of the corporation;
(b)  the Primary Care Trusts for which the corporation provides goods or services;
(c)  the principal local authorities that cover, in whole or in part, the area specified for the purpose in the constitution.
(2)      Each of the stakeholders shall appoint no more than 30 per cent of the board's members.
(3)      The members appointed by the stakeholders shall co-opt at least one member to the board who is an individual who has attended any of the corporation's hospitals as a patient (including an individual attending as the carer of a patient).
(4)      The members appointed by the stakeholders shall have power to co-opt at least one, but no more than five members of the board who are, in their view, representative of charitable, voluntary, community or private bodies that have an interest in the services provided by the corporation's hospitals.
(5)      If any of the corporation's hospitals includes a medical or dental school provided by a university, at least one member of the board is to be appointed by that university.
(5)      A member of the board of governors appointed by the stakeholders may hold office for a period of three years.
(6)      A member of the board of governors co-opted by the stakeholder members may hold office for a period of one year.
(7)      The Secretary of State shall, by order, make regulations to specify the arrangements by which the stakeholders in sub-paragraph (1) shall appoint members to the board of governors."
Page 110, line 42, leave out "non-executive directors" and insert "board of governors"
Page 111, line 13, at end insert "and their interests"
Page 111, line 14, at end insert "and their interests"
Page 111, line 36, leave out paragraph 21 and insert—
      "A public benefit organisation shall be audited by an auditor appointed by the Audit Commission."
 

Schedule 2

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 113, line 23, leave out "Secretary of State" and insert "CHAI"
Page 113, leave out line 27 and insert "CHAI"
Page 113, line 28, leave out "Secretary of State" and insert "CHAI"
Page 113, line 31, leave out "Secretary of State" and insert "CHAI"
Page 114, line 42, at end insert—
 

"Right of appeal to regulator

      Employers of health service staff in non-foundation trusts affected by decisions made by foundation trusts in respect of their terms and conditions of employment may ask the regulator to judge if these are a breach of section 26 of the Health Act 1999 (c. 8) (co-operation between NHS bodies), as amended by this Act."

 
 
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©Parliamentary copyright 2003
18 September 2003