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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


 

After Clause 5

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Public consultation
(1)  The Secretary of State shall—
(a)  by regulations require that an NHS trust proposing to make an application under section 4(1) or any person proposing to apply under section 5(1), shall first consult prescribed persons;
(b)  by regulations prescribe persons to be consulted which shall include—
(i)  the NHS Trusts and Primary Care Trusts in the area in which are resident all or any of the persons to whom the applicant NHS trust has provided goods or services for the purposes of healthcare, or to whom the applicant person (as the case may be) intends to provide such services if its application is successful,
(ii)  the Patients' Forums for those NHS trusts and Primary Care Trusts, and
(iii)  local staff side trade unions and such other persons as the Secretary of State considers may be affected by the application.
(2)  In section 7(3) of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees)—
(a)  at the beginning of subsection (3) (matters to be covered by regulations) for "may" there is substituted "shall";
(b)  at the end of subsection (3)(b) there is inserted "which shall include all matters prescribed under subsection (3)(c) below,";
(c)  at the end of subsection (3)(c) there is inserted "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003"."
 

Clause 6

 

THE EARL HOWE
THE BARONESS NOAKES

Page 3, line 31, leave out "and a board of directors"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 3, line 36, after "provide" insert—
"(   )  the application is endorsed by the relevant local authorities, Primary Care Trusts, patients forums and representatives from local staff side organisations."
 

THE EARL HOWE
THE BARONESS NOAKES

Page 3, line 39, at end insert—
"(   )  The regulator shall also satisfy himself as to composition of the board of directors of the proposed foundation trust which shall, so far as practicable, comprise the chairman and directors of the applicant NHS trust."
 

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 6."
Page 3, line 42, at end insert—
"(   )  The regulator shall not give an authorisation under section 7(1)(a) or (b) unless and until the Secretary of State confirms support for the application to which such authorisation may relate after responding to—
(a)  any recommendations made to him by virtue of section 21(2)(f) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) in relation to the application, or
(b)  any referrals or representations made to him by any Patients' Forum by virtue of section 15(6) of the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) in relation to the application."
Page 4, line 2, at end insert—
"(7)  The Regulator shall not give an authorisation under subsection (1)(a) or (b) unless and until the Secretary of State confirms support for the application to which such authorisation may relate after responding to—
(a)  any recommendations made to him by virtue of section 21(2)(f) of the Local Government Act 2000 (c. 22) (overview and scrutiny committees) in relation to the application, or
(b)  any referrals or representations made to him by any Patients Forum by virtue of section 15(6) of the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) (establishment of patients' forums) in relation to the application."
 

After Clause 7

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Pilot schemes
(1)  The first seven NHS foundation trusts to be authorised under section 6 shall be known as "NHS foundation trust pilot schemes."
(2)  Two years after the authorisation of the seventh NHS foundation trust pilot scheme, the Commission for Healthcare Audit and Inspection shall initiate an independent evaluation of all seven pilot schemes against the criteria set out in subsection (3).
(3)  The criteria against which the independent evaluation will assess the pilot schemes shall be—
(a)  the quality and effectiveness of the health care services provided by the pilot schemes;
(b)  any changes to the range of services provided or patients treated by the pilot schemes since they were established;
(c)  the impact of the pilot schemes on other parts of the NHS, including neighbouring NHS trusts, local primary care trusts, and systems for patient and public involvement;
(d)  the impact of the pilot schemes on the speed and equality of patient access to NHS services;
(e)  the effectiveness of the pilot schemes in promoting greater community involvement and influence, with particular reference to their success in ensuring that the membership of foundation trusts' public constituencies is representative of their patients and local residents;
(f)  the success of the pilot schemes in promoting greater innovation in the delivery of healthcare services; and
(g)  the views of residents in the locality of the pilot schemes, of patients and their relatives, and of staff working in the pilot schemes and their representatives.
(4)  The results of the independent evaluation will be published in a report, which will be laid before Parliament by the Secretary of State.
(5)  Following the authorisation of the seven NHS foundation trust pilot schemes, no further NHS foundation trusts may be authorised by the Regulator until after the publication of the independent evaluation of the NHS foundation trust pilot schemes.
(6)  In determining which bodies to authorise as NHS foundation trust pilot schemes, the Regulator shall endeavour to ensure that the pilot schemes reflect, so far as is possible, the full range of services and contexts that characterise secondary care in the NHS.""
 

Clause 12

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 5, line 36, at end insert "and have regard to the impact of private borrowing by foundation trusts on NHS trusts' access to capital"
Page 5, line 42, at end insert—
"(   )  representatives of employers, employees and patients"
 

After Clause 30

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Consultation on applications for NHS foundation trust status
(1)  The Secretary of State shall—
(a)  by regulations require that an NHS Trust proposing to make an application under section 4(1) or any person proposing to apply under section 5(1), shall first consult prescribed persons, and
(b)  by regulations prescribe persons to be consulted which shall include the Patients Forums for the NHS Trusts and Primary Care Trusts in the area in which are resident all or any of the persons to whom the applicant NHS Trust has provided goods or services for the purposes of healthcare or to whom the applicant person (as the case may be) intends to provide such services if its application is successful.
(2)  In section 7(3) of the Health and Social Care Act 2001 (c. 15) (functions of overview and scrutiny committees)—
(a)  at the beginning of subsection (3) for "may" there is substituted "shall";
(b)  in subsection (3)(b) at end there is inserted "which shall include all matters prescribed under subsection 7(3)(c) below,";
(c)  in subsection (3)(c) at end there is inserted "which shall include any application or proposed application under section 4 of the Health and Social Care (Community Health and Standards) Act 2003."
 

Clause 44

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 16, line 22, at end insert—
"(   )  In fulfilling the duty under subsection (1), each NHS body must consult with—
(a)  patient representatives,
(b)  clinical experts,
(c)  the CHAI, and
(d)  other such persons they consider appropriate."
 

Clause 45

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 16, line 29, leave out "consult such persons as he considers appropriate" and insert "ensure a process of public consultation takes place inviting representations from all interested stakeholders in the development of national standards"
Page 16, line 29, at end insert "including patient representatives, clinical experts and the CHAI"
 

Clause 47

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 17, line 24, at end insert "and other vulnerable groups"
Page 17, line 28, at end insert "; and
(   )  the availability and quality of information for patients in the local area"
 

Clause 49

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 18, line 10, at end insert—
"(   )  In exercising its function under this section in relation to devising criteria and awarding performance ratings, the CHAI must consult with—
(a)  patient representatives,
(b)  clinical experts, and
(c)  other such persons as they consider appropriate."
 

After Clause 51

 

THE EARL HOWE
THE BARONESS NOAKES

Insert the following new Clause—
  "Representation to the CHAI
  A report under sections 50 and 51 which relates to, or identifies, a specific NHS body shall not be made by the CHAI unless a draft of the report has been shown to the NHS body and—
(a)  it has confirmed that it does not disagree with the draft report,
(b)  it has not responded within a reasonable period of receipt of the draft report, or
(c)  it has submitted comments to the CHAI in respect of the draft report and the CHAI has considered those comments."
 

Clause 52

 

THE EARL HOWE
THE BARONESS NOAKES

Page 20, line 2, at end insert—
"(   )  For the purposes of this Part, special measures means one or more actions that are specified in regulations."
 

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, including doctors and dentists"
 

Clause 101

 

THE EARL HOWE
THE BARONESS NOAKES

Page 42, line 33, at end insert "and elderly people"
 

Clause 102

 

THE EARL HOWE
THE BARONESS NOAKES

Page 43, line 25, at end insert "and elderly people"
 

Clause 113

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 48, line 31, leave out "may" and insert "should"
Page 48, line 34, leave out paragraph (c)
Page 48, line 36, at end insert "including provision for a complaint to be referred to either the CHAI or the Health Service Commissioner if the complaints procedure has not been completed at the relevant stage within a reasonable timeframe"
Page 48, line 39, at end insert—
"(   )  information that must be made available to the public about complaints procedures"
Page 48, line 39, at end insert—
"(   )  The provision that may be made under subsection (2)(g) includes the provision for a report about a complaint to recommend the making of an ex-gratia payment in respect of injuries sustained, loss of earnings or expenses incurred as a consequence of the incident or incidents complained about."
 

Clause 166

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 81, line 22, leave out from "must" to "exercise" in line 23
Page 81, line 25, at end insert "in accordance with identified local need"
Page 81, line 31, at end insert "including—
(a)  details of all NHS dental provision in the area;
(b)  details of overall available provision in the area;
(c)  details of the complaints procedure."
 

Clause 167

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 82, line 7, at end insert—
"(   )  A general dental services contract must require the contractor or contractors to provide, for this or their patients—
(a)  information about treatment charges;
(b)  access to dental records,
(c)  alternative local provision and the complaints procedure, and
(d)  other such information as may be determined."
 

Clause 179

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 96, line 13, at end insert—
"(   )  for the manner in which patients should be informed about charges;"
 

Schedule 1

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 109, line 3, leave out paragraph 4
 

THE EARL HOWE
THE BARONESS NOAKES

Page 110, line 37, at end insert—
"(1)      The board of directors shall establish a nominations committee with the function of recommending the appointment or removal of the chairman and non-executive directors.
(2)      The nominations committee shall ensure that selection procedures used to arrive at recommendations for the appointment of the chairman and non-executive directors are in accordance with best practice for such appointments.
(3)      The nominations committee shall make its recommendations to the board of governors."
Page 110, line 38, after "meeting" insert "on the recommendation of the nominations committee"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 112, line 8, leave out "with the approval of the Treasury"
 

Schedule 4

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 118, line 23, at end insert—
      "In section 29 (arrangements and regulations for general medical services), in subsection (2) there is omitted "adequate" and after "attendance" there is inserted "to meet their clinical needs".

 
 
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©Parliamentary copyright 2003
19 September 2003