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

House of Lords

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Clause 113

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

386Page 48, line 31, leave out "may" and insert "should"
 

THE EARL HOWE
THE BARONESS NOAKES

387Page 48, line 33, leave out ", or may not,"
 

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

388Page 48, line 34, leave out paragraph (c)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

389Page 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"
 

THE EARL HOWE
THE BARONESS NOAKES

390Page 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;"
391Page 48, line 37, leave out paragraph (f)
 

THE BARONESS FINLAY OF LLANDAFF

392Page 48, line 39, at end insert ", including provision for ex gratia payments for severe inconvenience caused by administrative error but excluding compensation for harm attributed to clinical negligence or error"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

393Page 48, line 39, at end insert—
"(   )  information that must be made available to the public about complaints procedures"
394Page 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."
395Page 49, line 26, at end insert—
"(   )  The regulations may make further provision—
(a)  for prescribed functions of the CSCI to be exercised by the 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."
396Page 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)."
 

Clause 119

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

397Page 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."
 

Clause 121

 

THE EARL HOWE
THE BARONESS NOAKES

398Page 54, line 2, leave out subsection (1)
 

Clause 123

 

THE EARL HOWE
THE BARONESS NOAKES

399Page 55, line 5, at end insert—
"(1A)  Arrangements may be made between the CSCI and the Assembly relating to the performance by the CSCI of the functions of the Assembly in relation to social services under this Act."
 

Clause 126

 

THE EARL HOWE
THE BARONESS NOAKES

400Page 56, line 5, at end insert—
    "(   )  an updated regulatory impact statement showing the effect, including the estimated financial effect, of the CHAI's activities on those bodies which it covers."
 

Clause 127

 

THE EARL HOWE
THE BARONESS NOAKES

401Page 56, line 18, at end insert—
"(   )  an updated regulatory impact statement showing the effect, including the estimated financial effect, of the CSCI's activities on those bodies which it covers."
 

Clause 128

 

THE EARL HOWE
THE BARONESS NOAKES

402Page 56, line 27, leave out "must" and insert "may"
403Page 56, line 28, leave out "direct" and insert "communicate in writing"
404Page 57, line 6, leave out subsection (5)
 

Clause 129

 

THE EARL HOWE
THE BARONESS NOAKES

405Page 57, line 10, leave out "must" and insert "may"
406Page 57, line 11, leave out "direct" and insert "communicate"
 

Clause 130

 

THE EARL HOWE
THE BARONESS NOAKES

407Page 57, line 18, after "may" insert ", with the approval of each House of Parliament,"
 

Clause 131

 

THE EARL HOWE
THE BARONESS NOAKES

408Page 57, line 38, after "may" insert ", with the approval of each House of Parliament,"
 

Clause 144

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

409Page 62, line 19, at end insert—
"(   )  If at any time after the passing of this Act—
(a)  the name of the Health Select Committee is changed; or
(b)  the functions discharged by the Committee at the passing of this Act, or functions substantially corresponding thereto, are discharged by a different Committee of the House of Commons,
  reference in this Act to the Health Select Committee shall be construed as a reference to that Committee by its new name or, as the case may be, to the Committee for the time being discharging those functions.
(   )  Any question arising under this section shall be determined by the Speaker of the House of Commons."
 

Clause 146

 

THE EARL HOWE
THE LORD SKELMERSDALE

410Page 64, line 18, after "person" insert "otherwise than during or as a consequence of NHS treatment"
 

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

411Page 64, line 28, at end insert—
"(   )  This section does not apply in cases of clinical negligence."
 

THE EARL HOWE
THE LORD SKELMERSDALE

412Page 65, line 4, at end insert "or an ex gratia payment"
413Page 65, line 10, at end insert—
"(   )  Subsection (1) does not apply if the person making the payment is a not-for-profit organisation, charitable organisation or private sports club."
 

THE LORD SKELMERSDALE
THE EARL HOWE

414Page 65, line 12, leave out subsection (6)
415Page 65, line 13, after "disease" insert "consequent upon injury"
 

THE EARL HOWE
THE LORD SKELMERSDALE

416Page 65, line 19, after second "treatment" insert "carried out within 12 months of the injury for which compensation has been paid"
417Page 66, line 9, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Before Clause 147

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

418Insert 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 with the name and address of the insured."
 

Clause 147

 

THE LORD SKELMERSDALE
THE EARL HOWE

419Page 66, line 17, leave out "may" and insert "must"
 

THE EARL HOWE
THE LORD SKELMERSDALE

420Page 66, line 40, leave out subsection (7)
 

Clause 148

 

THE LORD SKELMERSDALE
THE EARL HOWE

421Page 67, line 26, leave out subsection (2)
 

Clause 149

 

THE EARL HOWE
THE LORD SKELMERSDALE

422Page 68, line 17, at end insert—
"(   )  A certificate must specify the rights of the person to whom it is issued to have the certificate reviewed under section 152 or to appeal under sections 153 to 155."
423Page 70, line 16, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 150

 

THE EARL HOWE
THE LORD SKELMERSDALE

424Page 70, line 24, leave out "14" and insert "30"
 

Clause 153

 

THE EARL HOWE
THE LORD SKELMERSDALE

425Page 74, line 18, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 156

 

THE EARL HOWE
THE LORD SKELMERSDALE

426Page 76, line 19, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 158

 

THE EARL HOWE
THE LORD SKELMERSDALE

427Page 78, line 16, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 159

 

THE EARL HOWE
THE LORD SKELMERSDALE

428Page 79, line 18, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 160

 

THE EARL HOWE
THE LORD SKELMERSDALE

429Page 79, line 35, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 161

 

THE EARL HOWE
THE LORD SKELMERSDALE

430Page 80, line 11, at end insert—
"(   )  No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
 

Clause 166

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

431Page 81, line 22, leave out from "must" to "exercise" in line 23
 

THE EARL HOWE
THE BARONESS NOAKES

432Page 81, line 24, leave out "primary" and insert "and promote the development of primary NHS"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

433Page 81, line 24, after "area" insert "on the basis of adequate and secure funding"
434Page 81, line 25, at end insert "in accordance with identified local need"
435Page 81, line 28, 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"
436Page 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."

 
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©Parliamentary copyright 2003
6 October 2003