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 81

 

THE EARL HOWE
THE BARONESS NOAKES

351Page 34, line 10, leave out subsections (3) and (4)
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

352Page 34, line 14, at end insert—
"(   )  Where a review or study is conducted under this section, the CSCI and the 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."
353Page 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 82

 

THE EARL HOWE
THE BARONESS NOAKES

354Page 34, line 17, 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 83

 

THE LORD WARNER

354APage 34, line 23, after "77)" insert—
"(   )  to consult any person specified in the regulations before publishing any such statement;"
 

THE EARL HOWE
THE BARONESS NOAKES

355Page 34, line 24, leave out paragraph (b)
356Page 34, line 25, at end insert—
"(   )  Any powers to make regulations of this kind referred to in this section shall be exercisable by statutory instrument, and any such instrument shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament."
 

After Clause 83

 

THE EARL HOWE
THE BARONESS NOAKES

357Insert the following new Clause—
  "Financial duty
  The CSCI must manage its financial affairs so that its annual costs, including depreciation, are covered by the total of—
(a)  its income from fees under section 84,
(b)  any amounts paid to it under paragraph 9(1) of Schedule 7, and
(c)  any other amounts treated as income in its income and expenditure account."
 

Clause 84

 

THE LORD WARNER

357APage 34, line 29, after "authority" insert "or to an English local authority social service provided by, or pursuant to arrangements made by, that authority"
 

THE EARL HOWE
THE BARONESS NOAKES

358Page 35, line 13, at end insert—
"(   )  The Secretary of State may not make regulations under this section if they have the effect that the amounts that the CSCI is allowed to recover by way of fees is insufficient to meet its financial duty as set out in section (Financial duty)."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

 The above-named Lords give notice of their intention to oppose the Question that Clause 84 stand part of the Bill.
 

Clause 89

 

THE LORD WARNER

358APage 37, line 19, leave out "prescribed" and insert "specified by the CSCI"
 

THE EARL HOWE
THE BARONESS NOAKES

359Page 37, line 19, 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 92

 

THE EARL HOWE
THE BARONESS NOAKES

360Page 38, line 14, leave out paragraph (b)
361Page 38, line 17, at end insert—
"(   )  It shall be the duty of the Assembly to consult local authorities in areas of England adjoining Wales before carrying out a review under subsection (2)(c) relating to social care provision partly or wholly in England.
(   )  It shall be the duty of the Assembly to request the CSCI to exercise so much of its review and investigations functions as relate to local authorities in England."
 

Clause 99

 

THE LORD WARNER

361APage 41, line 19, leave out "prescribed" and insert "specified by the Assembly"
 

Clause 100

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

362Page 41, line 29, at end insert—
"(   )  In the Care Standards Act 2000 (c. 14), after section 23(2) (national minimum standards) insert—
"(   )  In reviewing standards the appropriate Minister must ensure that lower standards are not applied to Parts 2 and 3 services received predominately or exclusively by people at or above state pensionable age.""
363Page 41, line 34, at end insert "; and
(   )  any non-NHS health care provided by an NHS or non-NHS body or person regulated under Part 2 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17)"
364Page 41, line 34, at end insert "; and
(   )  any non-NHS health care provided by an NHS or non-NHS body, including doctors and dentists"
 

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

365Page 41, line 34, at end insert "; and
(   )  institutions carrying out any excepted treatment"
366[Withdrawn]
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

367Page 41, line 35, after "Part" insert "insofar as they do not carry out excepted treatment"
368Page 42, line 7, at end insert—
"(   )  In this section, "excepted treatment" means the treatment of long-term conditions and substance and addictive behaviour treatment."
 

Clause 101

 

THE LORD PEYTON OF YEOVIL

369Page 42, leave out lines 11 to 15
 

THE EARL HOWE
THE BARONESS NOAKES

370Page 42, line 14, after "services" insert ", including dental services"
371Page 42, line 15, at end insert—
"(   )  The CHAI shall ensure that so far as it is practicable the standards and procedures applied to its responsibilities in relation to independent health services are the same as those applied to services provided by or for NHS bodies."
 

THE LORD PEYTON OF YEOVIL

372Page 42, line 17, at end insert "to a level similar to that achieved by like organisations within the NHS"
 

THE EARL HOWE
THE BARONESS NOAKES

373Page 42, line 33, at end insert "and elderly people"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

374Page 42, line 33, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

Clause 102

 

THE EARL HOWE
THE BARONESS NOAKES

375Page 43, line 25, at end insert "and elderly people"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

376Page 43, line 25, at end insert "and the need to safeguard and promote the rights and welfare of vulnerable adults"
 

After Clause 102

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE

377Insert 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."
 

Clause 108

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

378Page 46, line 6, at end insert—
"(   )  In exercise of its functions by virtue of this section, the CSCI shall—
(a)  prepare a report on the discharge by the school or college of relevant functions;
(b)  without delay send a copy of the report to the school or college; and
(c)  make copies of the report 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."
 

Before Clause 111

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

379Insert 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

380Page 46, line 29, leave out "may" and insert "shall"
 

THE EARL HOWE
THE BARONESS NOAKES

381Page 46, line 37, at end insert—
"(   )  the provision of health care services by any other person or body."
382Page 47, line 15, at end insert—
"(   )  Regulations under this section may provide for how correspondence relating to complaints is to be dealt with by the bodies listed in subsection (3), including adherence to time limits for replying substantively to correspondence."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

383Page 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"
 

THE EARL HOWE
THE BARONESS NOAKES

384Page 47, line 23, at end insert—
"(5)  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."

 
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©Parliamentary copyright 2003
10 October 2003