Health and Social Care (Community Health and Standards) Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 58

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

309Page 22, line 9, after "efficiency" insert ", equity"
 

THE EARL HOWE
THE BARONESS NOAKES

310Page 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 LORD CLEMENT-JONES
THE BARONESS BARKER

311Page 22, line 21, leave out subsection (1)
312Page 22, line 21, after "CHAI" insert "and such persons as he considers appropriate"
 

THE EARL HOWE
THE BARONESS NOAKES

313Page 22, line 30, at end insert—
"(   )  Any regulations made under this section must require the CHAI to consult such persons as the CHAI considers may have an interest in the statements of criteria."
314Page 22, line 38, after "may" insert "not"
315Page 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."
 

Clause 60

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

316Page 23, line 2, after "provide" insert "Parliament, the Assembly and"
 

Before Clause 61

 

THE EARL HOWE
THE BARONESS NOAKES

317Insert 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 paragraph 9(1) and (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

318Page 23, line 41, at end insert—
"(   )  Regulations made under this section must ensure that the aggregate of fees charged by the 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."
319Page 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

320Page 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 are insufficient to meet its financial duty as set out in section (Financial duty)."
 

Clause 63

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

321Page 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 65

 

THE EARL HOWE
THE BARONESS NOAKES

322Page 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

323Page 26, line 8, leave out "(including personal records)"
324Page 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

325Page 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

326Page 27, line 5, after "conducting" insert "where appropriate in conjunction with the CHAI"
327Page 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."
328Page 27, line 27, at end insert—
"(   )  the impact of its decisions upon the provision of healthcare in areas of England which border Wales,"
329Page 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"
330Page 27, line 32, leave out paragraph (b)
331Page 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

332Page 27, line 37, leave out "Secretary of State" and insert "CHAI"
333Page 28, line 10, leave out "regulator" and insert "CHAI"
 

Clause 70

 

THE EARL HOWE
THE BARONESS NOAKES

334Page 28, line 31, leave out "or for"
 

Clause 71

 

THE EARL HOWE
THE BARONESS NOAKES

335Page 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

336Insert the following new Clause—
  "Standards (No. 2)
(1)  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.
(2)  The CHAI must keep the standards under review and may publish amended statements whenever it considers it appropriate.
(3)  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.
(4)  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.
(5)  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

337Page 30, line 32, leave out "and their value for money"
338*Page 30, line 34, at end insert "and elderly people"
 

Clause 75

 

THE EARL HOWE
THE BARONESS NOAKES

339Page 30, line 39, after "to" insert "make regular reports available to the public about and to"
 

Clause 76

 

THE EARL HOWE
THE BARONESS NOAKES

340Page 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

341Page 31, line 28, leave out subsection (2)
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES
THE BARONESS BARKER

342Page 31, line 31, leave out "and approved by the Secretary of State"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

343Page 31, line 32, leave out "and approved"
 

THE EARL HOWE
THE BARONESS NOAKES

344Page 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

345Page 32, line 22, at end insert "the standards set out in statements published under section (Standards (No. 2))"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

346Page 32, line 33, at end insert "and shall send a copy of any such summary to the Comptroller and Auditor General"
 

Clause 79

 

THE EARL HOWE
THE BARONESS NOAKES

347Page 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"
348Page 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."
 

After Clause 79

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

349*Insert the following new Clause—
  "Equality duty (No. 4)
(1)  The CSCI shall, in carrying out its functions, have due regard to the need to promote the equalisation of opportunity and the elimination of unfair discrimination and harassment so as to ensure that persons do not suffer detriment or are not denied opportunities and benefits for reasons related to one or more of the following grounds—
(a)  age;
(b)  colour, race, nationality or ethnic or national origins;
(c)  impairment;
(d)  family status;
(e)  gender re-assignment;
(f)  marital status;
(g)  pregnancy;
(h)  religion or belief;
(i)  sex;
(j)  sexual orientation.
(2)  As soon as is reasonably practicable after the end of each financial year the CSCI must publish a report containing—
(a)  a statement of the arrangements made under subsection (1) and having effect in the year;
(b)  an assessment of how effective the arrangements were in promoting the equalisation of opportunity.
(3)  The report must also contain a statement of the arrangements which the CSCI has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
(4)  The CSCI must send a copy of the report to the Secretary of State."

 
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©Parliamentary copyright 2003
6 October 2003