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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


 

Schedule 1

 

THE LORD HUNT OF KINGS HEATH

Page 109, line 5, leave out from "may" to end of line 6 and insert "become a member of a public benefit corporation on an application made to the corporation."
Page 111, line 8, at end insert "but the constitution may make provision for those matters to be decided pending the establishment of such a committee"
Page 111, line 8, at end insert—
  "Initial directors of former NHS trusts
17A(1)      This paragraph applies, where the application for authorisation is made under section 4, to the exercise of the powers mentioned in paragraph 16 to appoint the initial non-executive directors and the initial chief executive.
(2)      The power to appoint the initial chairman of the corporation is to be exercised by appointing the chairman of the NHS trust, if he wishes to be appointed.
(3)      The power to appoint the other initial non-executive directors of the corporation is to be exercised, so far as possible, by appointing any of the non-executive directors of the NHS trust (other than the chairman) who wish to be appointed.
(4)      A person appointed in accordance with sub-paragraph (2) or (3) is to be appointed for the unexpired period of his term of office as chairman or (as the case may be) non-executive director of the NHS trust; but if, on any such appointment, that period is less than 12 months, he is to be appointed for 12 months.
(5)      The power to appoint the initial chief executive of the corporation is to be exercised by appointing the chief officer of the NHS trust, if he wishes to be appointed.
(6)      Paragraph 16(4) does not apply to the appointment of any executive director of the NHS trust as an initial executive director of the corporation".
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 112, line 26, at end insert—
"(3A)      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.
(3B)      Any public benefit corporation that is a NHS foundation trust, before the accounts and audit referred to in paragraph 22(1) are finalised, shall—
(a)  make available, for a period of no less than 25 working days, a copy of the draft statement of accounts, including the draft auditor's report, in a suitable venue for inspection and copying by members of the public;
(b)  on request, while the draft statement is available, make available for inspection and copying copies of all books, deeds, contracts, bills, vouchers and receipts relating to the draft statement.
(3C)      On request, the appointed auditor of the public benefit corporation shall make himself available on no less than two working days for questioning on the draft statement.
(3D)      The first of these occasions shall be no later than five working days after the period of public inspection of the draft statement has ended.
(3E)      Members of the public shall be able to lodge objections to any part of the draft statement providing that the auditor has previously received written notice of such proposed objections and the grounds on which they are able to be made.
(3F)      The objections shall be discussed on the occasions that the appointed auditor is available for public questioning.
(3G)      The public benefit corporation shall take reasonable steps to inform the public in good time about the availability of the draft statement of accounts and matters related to their scrutiny.
(3H)      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."
 

Clause 4

 

THE LORD HUNT OF KINGS HEATH

Page 2, line 22, leave out "17" and insert "17A"
Page 2, line 23, leave out from first "of" to end of line 24 and insert "establishing the initial membership of the NHS foundation trust and of the board of governors, and the initial directors, and enabling the board of governors and board of directors to make preparations for the performance of their functions"
 

Clause 15

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 7, line 25, leave out "England" and insert "the United Kingdom"
Page 7, line 26, at end insert "except an independent unit"
Page 7, line 38, at end insert—
"(   )  In this section, an "independent unit" means a part of an NHS foundation trust that is run as a separate entity and whose franchise is subject to open competition."
 

Clause 60

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 23, line 2, after "provide" insert "Parliament, the Assembly and"
 

Clause 63

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 24, line 42, at end insert—
"(   )  Any person who requests a copy of any material relevant to a review or investigation under sections 45 to 47 or a study under section 53 is entitled to have one on payment of such reasonable fee (if any) the CHAI considers appropriate."
 

Clause 100

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 41, line 34, at end insert "and
(   )  institutions carrying out any excepted treatment."
Page 41, line 35, after "Part" insert "insofar as they do not carry out excepted treatment"
Page 42, line 7, at end insert—
"(   )  In this section, "excepted treatment" means the treatment of long-term conditions and substance and addictive behaviour treatment."
 

After Clause 102

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Convergence of standards
(1)  Within a year of the date of coming into force of this Act, the Secretary of State shall publish a timetable that will set out how standards at health or social care institutions and independent institutions exercising similar functions shall be measured by the same criteria within five years of the publication of the timetable.
(2)  In this section—
  "health or social care institutions" means those institutions vested in the Secretary of State, a Primary Health Care Trust, an NHS Trust or a local authority for the purposes of the discharge of functions under the National Health Service Act 1977 (c. 49) or the National Assistance Act 1948 (c. 29); and
  "independent institutions" means those institutions that are not health or social care institutions, in relation to which the functions of the National Care Standards Commission are transferred to the CHAI and the CSCI under section 100."
 

Before Clause 111

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Complaints
(1)  Complaints under this Act may be made by an individual or a body of persons, whether incorporated or not.
(2)  A complaint may be submitted in respect of—
(a)  the exercise by an NHS body of any of its functions;
(b)  the provision by any person of health care for which the body is responsible;
(c)  the provision of an NHS service by a health professional supplied under private contract; and
(d)  the provision of services by the body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c. 8) (arrangements between NHS bodies and local authorities) in relation to the exercise of the health-related functions of a local authority.
(3)  A complaint may be initiated by—
(a)  the person aggrieved;
(b)  his personal representative;
(c)  a member of his family;
(d)  an independent advocate, or
(e)  some body or individual suitable to represent him."
 

Clause 111

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 46, line 29, leave out "may" and insert "shall"
Page 47, line 23, at end insert—
"(   )  regulations under this section shall include provisions for the right to an oral hearing with the investigating officers of the relevant body where appropriate"
 

Clause 113

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 49, line 26, at end insert—
"(   )  The Regulations may make further provision—
(a)  for prescribed functions of the CSCI to be exercised by CHAI on behalf of the CSCI; and
(b)  for prescribed functions of the CHAI, so far as exercisable in relation to England, to be exercised by the CSCI on behalf of the CHAI."
Page 49, line 26, at end insert—
"(   )  If requested to do so by the Audit Commission in any particular case, the CHAI or CSCI may assist the Audit Commission in the exercise of its functions under section 33(1) of the Audit Commission Act 1998 (c. 18) (studies for improving economy etc in services)."

 
 
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©Parliamentary copyright 2003
3 October 2003