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

 

Before Clause 183

 

THE EARL HOWE
THE BARONESS NOAKES

467Insert the following new Clause—
  "Appointment of the independent regulator and appointments to the CHAI and the CSCI
(1)  It shall be the duty of the Secretary of State to secure that there is a Special Health Authority designated to perform the functions specified in subsections (2) to (4) and related functions provided for under this Act or under any other enactment.
(2)  The function specified in this subsection is the appointment of the Independent Regulator of NHS Foundation Trusts.
(3)  The function specified in this subsection is the appointment of the chairman and members of the CHAI (other than the member appointed by the Assembly).
(4)  The functions specified in this subsection is the appointment of the chairman and members of the CSCI."
 

Clause 183

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

468Page 101, line 37, at end insert—
"(   )  the CHAI and CSCI."
 

THE EARL HOWE
THE BARONESS NOAKES

469Page 102, line 24, at end insert—
"(   )  If the Secretary of State holds any appointments functions in respect of which he has not made a direction under subsection (2), he shall make an annual report to each House of Parliament setting out the appointments functions concerned and the reasons for the retention of exercise of those functions."
 

Schedule 12

 

THE EARL HOWE
THE BARONESS NOAKES

470Page 161, line 29, leave out sub-paragraph (2)
 

Clause 185

 

THE EARL HOWE
THE BARONESS NOAKES

471Page 103, line 28, leave out subsection (2)
 

THE LORD WARNER

471APage 104, line 9, at end insert—
"(   )  The effect of subsections (1) to (3) is to be disregarded in determining for the purposes of section 1 of the Regulatory Reform Act 2001 (c. 6) (power by order to make provision reforming law which imposes burdens) whether any provision of either of the following Acts falls within subsection (4)(a) of that section (provision amended by an Act within previous two years)—
(a)  the Protection of Children Act 1999 (c. 14);
(b)  the Care Standards Act 2000 (c. 14)."
 

After Clause 185

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

472Insert the following new Clause—
  "Incapacity benefit: work and earnings as a member of a NHS body to be disregarded
(1)  The Social Security Contributions and Benefits Act 1992 (c. 4) is amended as follows.
(2)  After section 30E of the Act there is inserted—
"30FRemuneration and allowances for disability benefits
  Any remuneration or allowances paid to a person in respect of work mentioned in section 171H shall be disregarded for the purposes of calculating the amount of any incapacity benefit or severe disablement allowance to which a person is entitled."
(3)  After section 171G of the Act there is inserted—
"171HExemption for public appointments
  In determining whether a person is capable or incapable of work, there shall be disregarded any work which that person undertakes or has undertaken as—
(a)  a member of a Strategic Health Authority who is not an officer of the Authority;
(b)  a member of a Special Health Authority who is not an officer of the Authority;
(c)  a non-executive director of a National Health Service trust board;
(d)  a non-executive director of an NHS foundation trust;
(e)  a member of a Primary Care Trust or Care Trust who is not an officer of the trust;
(f)  a member of a Local Health Board in Wales who is not an officer of the Board; or
(g)  a member of a Health Board, Special Health Board or NHS trust in Scotland.""
473Insert the following new Clause—
  "Discrimination against disabled office-holders in NHS organisations
(1)  Section 4C of the Disability Discrimination Act 1995 (c. 50) is amended as follows.
(2)  In subsection (3)(b) after "a government department" insert "the board of governors of an NHS foundation trust, a Special Health Authority"."
 

Clause 191

 

THE EARL HOWE
THE BARONESS NOAKES

474Page 105, line 10, at end insert—
"(   )  The Secretary of State shall have a duty to consult the Scottish Parliament or the Assembly before making any regulations under this Act which have an impact on the provision of healthcare by NHS bodies which serve patients both in England and in Scotland or, as the case may be, in Wales."
 

THE EARL HOWE
THE LORD SKELMERSDALE

475Page 105, line 16, leave out "an order under section 194)" and insert "regulations under sections 146, 149, 153, 156 or 158 to 161)"
 

THE LORD WARNER

475A*Page 105, line 16, after "section" insert "22, 25(3), 28 or"
 

THE EARL HOWE
THE BARONESS NOAKES

476Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of section 177 may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."
 

THE EARL HOWE
THE LORD SKELMERSDALE

477Page 105, line 17, at end insert—
"(   )  An order under section 194 in respect of the commencement of Part 3 may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House."
 

Clause 194

 

THE LORD WARNER

477A*Page 106, line 10, after "115," insert "section 143 and"
 

Clause 196

 

THE EARL HOWE
THE BARONESS NOAKES

478Page 107, line 9, at end insert—
"(   )  No order may be made under this section unless a draft of the order has been laid before and approved by both Houses of Parliament."
 The above-named Lords give notice of their intention to oppose the Question that Clause 196 stand part of the Bill.

 
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8 October 2003