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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 3

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

Leave out Clause 3 and insert the following new Clause—
  "General duty of regulator
  The regulator must exercise his functions in a manner that is—
(a)  in pursuance of the performance by the Secretary of State of the duties under sections 1, 3 and 51 of the National Health Service Act 1977 (c. 49) (duty as to health service and services generally and as to university clinical teaching and research);
(b)  consistent with the principle of equality of access to NHS healthcare; and
(c)  consistent with the principle of universality of access to NHS healthcare."
 

Clause 11

 

THE EARL HOWE
THE BARONESS NOAKES

 The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill.
 

Clause 18

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 8, line 37, at end insert—
"(   )  Any power of the Trust to pay remuneration and allowances will be subject to the national terms and conditions for NHS employees described in "Agenda for Change"."
 

Clause 40

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 15, line 34, at end insert—
"(   )  Subject to any duty imposed on it by statute, the CHAI shall have complete discretion in the discharge of its functions under this Part."
 

Clause 41

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 16, line 3, at end insert—
"(   )  Subject to any duty imposed on it by statute, the CSCI shall have complete discretion in the discharge of its functions under this Part."
 

Clause 47

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 17, line 28, at end insert—
"(   )  the need to ensure that the NHS fully discharges its legal obligations under the National Health Service Act 1977 (c. 49) to provide continuing healthcare."
Page 17, line 28, at end insert—
"(   )  the need to safeguard and promote the rights and welfare of vulnerable adults."
 

Clause 57

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 21, line 29, at end insert—
"(   )  The CHAI shall undertake studies designed to enable it to prepare reports as to the impact—
(a)  of the operation of any particular statutory provision or provisions, or
(b)  of any directions or guidance given by a Minister of the Crown (whether pursuant to any such provision or otherwise).
 on economy, efficiency and effectiveness in the exercise of any functions of the bodies listed in subsection (1)."
 

Clause 59

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 22, line 21, after "CHAI" insert "and such persons as he considers appropriate"
 

Clause 77

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 31, line 31, leave out "and approved by the Secretary of State"
Page 31, line 32, leave out "and approved"
 

Clause 78

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 32, line 33, at end insert "and shall send a copy of any such summary to the Comptroller and Auditor General"
 

Clause 80

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 33, line 38, at end insert—
"(   )  The CSCI may also promote or undertake studies designed to enable it to prepare reports as to the impact of the discharge of its functions under Parts 2 and 3 of the Care Standards Act 2000 (c. 14) on the quality, supply and cost of regulated services and the commissioning decisions of local authorities."
 

Clause 81

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 34, line 14, at end insert—
"(   )  Where a review or study is conducted under this section the CSCI and Audit Commission must publish such report as they consider appropriate and shall send a copy of any such summary to the Comptroller and Auditor General.
(   )  The CSCI must, on request, provide the Comptroller and Auditor General with all material relevant to a review or investigation under this section."
Page 34, line 14, at end insert—
"(   )  The Comptroller and Auditor General shall from time to time lay before the House of Commons a report of any matter which, in his opinion, arises out of a report or studies of the CHAI or the CSCI under this Part and ought to be drawn to the attention of that House."
 

Clause 101

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 42, line 33, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

Clause 102

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 43, line 25, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

Clause 108

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 46, line 6, at end insert—
"(   )  In exercise of its functions by virtue of this Section the CSCI—
(a)  shall prepare a report on the discharge by the school or college of relevant functions;
(b)  shall without delay send a copy of the report to the school or college; and
(c)  shall make copies of any report prepared subsection (1) available for inspection at its offices by any person at any reasonable time;
  and may take any other steps for publicising a report which it considered appropriate.
(   )  Any person who asks the CSCI for a copy of the report shall be entitled to have one on payment of a reasonable fee determined by the CSCI; but nothing in this subsection prevents the CSCI from providing a copy free of charge when it considers it appropriate to do so."
 

Clause 119

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 53, line 25, at end insert—
"(   )  Where a review or study is conducted under this section the CSCI and CHAI shall send a copy of any such joint report to the Comptroller and Auditor General.
(   )  The CSCI and CHAI must, on request, provide the Comptroller and Auditor General with all material relevant to a review or investigation under this section."
 

Before Clause 147

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Insurance
  Where compensation has been paid through an insurance policy, subject to paragraph 4 of Schedule 10, the insurer will not be liable for payment of NHS costs providing that he has provided the Compensation Recovery Unit (CRU) with the name and address of the insured."
 

Clause 183

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 101, line 37, at end insert—
"(   )  the CHAI and CSCI."
 

Schedule 1

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 110, line 18, after "office" insert "including failure to subscribe to the core values of the trust"
Page 110, line 27, after "directors" insert ", along with healthcare professionals which should include the director of nursing,"
Page 112, line 26, at end insert—
"(   )  In addition to the requirement to present a true and fair view, the annual accounts shall, in respect of any public benefit corporation that is a NHS Foundation Trust, contain—
(a)  a statement indicating the level of income (expressed as both an amount, and as a proportion of total income for the financial year to which the accounts relate) received by the public benefit corporation and derived from private charges, and
(b)  a statement, in accordance with section 15(2), that the proportion of income derived from private charges for the financial year to which the accounts relate does not exceed the proportion in the base year.
(   )  A public benefit corporation shall, so soon as reasonably possible after conclusion of the audit referred to in paragraph 22(2), and in any event before the date falling six months after the end of the financial year to which the accounts relate—
(a)  publish by means other than merely by reference in the documents of meetings, committees or sub-committees of the body, the accounts (whether or not such accounts have been audited); and
(b)  provide a copy of such accounts (whether or not such accounts have been audited) to any person so requesting a copy and on payment of a reasonable sum, and
(c)  provide by post a copy of such accounts at no charge to each member of the public constituency of that public benefit corporation."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

Page 112, line 38, at end insert—
"(   )  A public benefit corporation is to evaluate the impact of its services on the local health economy and present an annual report of that evaluation to the regulator in terms of—
(a)  the effects of Foundation Trusts status on the quality of care in non-Foundation Trust NHS services,
(b)  how Foundation Trust status affects the efficiency of local NHS services,
(c)  levels of access to a comprehensive range of NHS services,
(d)  the level and quality of engagement with stakeholders in non-Foundation Trust NHS services and the representation of interests of non-members of the Trust,
(e)  how NHS Foundation Trust status affects the governance of non-Foundation Trust NHS organisations.
(f)  The impact and effect of NHS Foundation Trusts status on the recruitment and retention of essential and specialist healthcare staff in non-Foundation Trust healthcare organisations."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 113, line 13, at end insert ", to include a report on the evaluation of impacts of the NHS Foundation Trust on the local health economy."
 

Schedule 2

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 114, line 32, at end insert—
"(   )  The annual report will include a summary of those reports compiled and submitted by the NHS Foundation Trusts on the evaluation of their impacts on local health economies."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE BARONESS FINLAY OF LLANDAFF

Page 115, line 4, at end insert—
"8  The regulator must report in person to any Committee of either House of Parliament, or a Committee of both Houses, which requests information on the discharge by the regulator of his functions."
 

Schedule 6

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 130, line 28, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
Page 131, line 31, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
Page 131, line 32, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
Page 131, line 33, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
 

Schedule 7

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 134, line 6, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act,"
Page 134, line 8, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act,"
Page 134, line 14, leave out "The Secretary of State" and insert "A Special Health Authority under Section 168 of this Act"
Page 134, line 23, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
Page 134, line 29, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"
Page 134, line 30, leave out "the Secretary of State" and insert "a Special Health Authority under Section 168 of this Act"

 
 
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©Parliamentary copyright 2003
1 October 2003