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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"Responses to recommendations

  The CHAI must respond in writing to any recommendation which—
(a)  is made by a Committee of either House of Parliament, or a Committee of both Houses, and
(b)  relates to the exercise by CHAI of its functions."
 

THE EARL HOWE
THE BARONESS NOAKES

232Page 133, line 3, leave out sub-paragraph (5) and insert—
"(5)      The CHAI may borrow money other than as mentioned in this paragraph up to a limit of its annual expenditure for the previous year as shown in its annual accounts less any amounts outstanding in respect of loans advanced under this paragraph."
 

THE LORD WARNER

232APage 133, line 25, leave out "provided" and insert "proved"
 

Clause 41

 

THE EARL HOWE
THE BARONESS NOAKES

233Page 16, line 2, after "the" insert "Independent"
234Page 16, line 3, leave out "CSCI" and insert "ICSCI"
 

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

235Page 16, line 3, at end insert—
"(   )  Subject to any duty imposed on it by statute, the CSCI shall have complete discretion in the discharge of its functions under this Part."
 

THE EARL HOWE
THE BARONESS NOAKES

236Page 16, line 4, leave out "CSCI" and insert "ICSCI"
 

Schedule 7

 

THE EARL HOWE
THE BARONESS NOAKES

237Page 134, line 6, leave out "by the Secretary of State" and insert "in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

238Page 134, line 6, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act,"
239Page 134, line 8, leave out "The Secretary of State" and insert "A Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

240Page 134, line 8, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
241Page 134, line 9, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

242Page 134, line 14, leave out "The Secretary of State" and insert "A Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

243Page 134, line 14, after "may" insert "(with the consent of the Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI))"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

244Page 134, line 23, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

245Page 134, line 24, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
246Page 134, line 28, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

247Page 134, line 29, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

248Page 134, line 29, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

249Page 134, line 30, leave out "the Secretary of State" and insert "a Special Health Authority under section 168 of this Act"
 

THE EARL HOWE
THE BARONESS NOAKES

250Page 134, line 30, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
251Page 134, line 33, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
252Page 134, line 36, leave out "Secretary of State" and insert "Special Health Authority designated in accordance with the provisions of section (Appointment of the independent regulator and appointments to the CHAI and the CSCI)"
253Page 135, line 39, leave out sub-paragraph (3) and insert—
"(3)      The CSCI may borrow money other than as mentioned in this paragraph up to a limit of its annual expenditure for the previous year as shown in its annual accounts less any amounts outstanding in respect of loans advanced under this paragraph."
 

THE LORD WARNER

253APage 136, line 21, leave out "provided" and insert "proved"
 

Schedule 8

 

THE LORD WARNER

253BPage 136, line 32, after "to" insert "the CHAI or"
253CPage 137, line 2, at end insert—
"(   )  A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme."
 

Clause 44

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

253DPage 16, line 16, at end insert—
"(   )  It is the duty of each NHS body to put and keep in place arrangements for the purpose of monitoring the uptake of the following NICE approved technologies—
(a)  pharmaceutical technologies, and
(b)  medical devices."
254Page 16, line 20, at end insert "; and
(c)  services to support independent living and rehabilitation"
255Page 16, line 22, at end insert—
"(   )  In fulfilling the duty under subsection (1), each NHS body must consult with—
(a)  patient representatives,
(b)  clinical experts,
(c)  the CHAI, and
(d)  other such persons they consider appropriate."
 

After Clause 44

 

THE EARL HOWE
THE BARONESS NOAKES

256Insert the following new Clause—
  "Standards
(1)  The CHAI shall be the principal guardian of standards in the NHS and shall prepare and publish standards in relation to the provision of health care by and for English NHS bodies, Welsh NHS bodies and cross-border SHAs.
(2)  The CHAI must keep the standards under review and shall publish amended statements whenever it considers it appropriate.
(3)  The CHAI 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 English NHS body, every Welsh NHS body and every cross-border SHA in discharging its duty under section 44."
 

THE BARONESS BYFORD

257Insert the following new Clause—
  "Local polls on fluoridation
(1)  A Strategic Health Authority may conduct a poll to ascertain the views of those polled about—
(a)  any recommendation to fluoridate local water supplies; or
(b)  any recommendation to cease fluoridation of local water supplies.
(2)  It shall be for the Strategic Health Authority concerned to decide—
(a)  who is to be polled, and
(b)  how the poll is to be conducted."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

258Insert the following new Clause—
  "Equality duty (No. 2)
(1)  Each NHS body 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 NHS body 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 NHS body 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 NHS body must send a copy of the report to the Secretary of State."
 

Clause 45

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

259Page 16, line 24, leave out "Secretary of State" and insert "CHAI"
 

THE LORD PEYTON OF YEOVIL

260Page 16, line 24, leave out "may" and insert "must"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

260APage 16, line 24, after "standards" insert "informed by—
(a)  Government National Service Frameworks (NSFs),
(b)  guidelines of the National Institute for Clinical Excellence (NICE), and
(c)  other relevant sources,"
 

THE EARL HOWE
THE BARONESS NOAKES

260BPage 16, line 26, at end insert—
"(   )  The number of standards that the Secretary of State may set out in standards published under this section may not exceed ten unless an increase is authorised by a statutory instrument, a draft of which has been laid before and approved by both Houses of Parliament."
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

261Page 16, line 27, leave out "Secretary of State" and insert "CHAI"
262Page 16, line 29, leave out "Secretary of State" and insert "CHAI"
263Page 16, line 29, leave out "consult such persons as he considers appropriate" and insert "ensure a process of public consultation takes place inviting representations from all interested stakeholders in the development of national standards"
 

THE LORD PEYTON OF YEOVIL

264Page 16, line 29, leave out "he considers" and insert "are"
 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

265Page 16, line 29, leave out "he" and insert "it"
266Page 16, line 29, at end insert "including patient representatives, clinical experts and the CHAI"
267Page 16, line 32, leave out "the opinion of the Secretary of State" and insert "its opinion"
 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.

 
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©Parliamentary copyright 2003
15 October 2003